Common use of Quorum and Required Vote Clause in Contracts

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twenty-five percent (25%) of the Shares issued and outstanding shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions. When any one or more Series (or Classes) is to vote as a single Series (or Class) separate from any other Shares, twenty-five percent (25%) of the Shares of each such Series (or Class) issued and outstanding shall constitute a quorum at a Shareholders’ meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 15 contracts

Samples: Agreement and Declaration of Trust (Allianz Variable Insurance Products Trust), And Restated Agreement (Allianz Variable Insurance Products Fund of Funds Trust), Agreement and Declaration (Asset Allocation Trust - DE)

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Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twenty(i) thirty-five three and one-third percent (2533 1/3%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders' meeting but any lesser number shall be sufficient for adjourned sessions. When and (ii) when any one or more Series (or Classes) is to vote as a single Series (or Class) class separate from any other Shares, twentythirty-five three and one-third percent (2533 1/3%) of the Shares of each such Series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders' meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a one or more Series (or that holders of a Class Classes) shall vote as a Class)separately, then a majority of the Shares of that such Series (or ClassClasses) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that with respect to such Series (or Class) is concernedClasses).

Appears in 9 contracts

Samples: Agreement and Declaration (Phoenix Multi Portfolio Fund), A Agreement (Phoenix Investment Trust 97), Agreement and Declaration (Phoenix Aberdeen Worldwide Opportunities Fund)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twenty(i) thirty-five three and one-third percent (25%33_%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders' meeting but any lesser number shall be sufficient for adjourned sessions. When and (ii) when any one or more Series (or Classes) is to vote as a single Series (or Class) class separate from any other Shares, twentythirty-five three and one-third percent (25%33_%) of the Shares of each such Series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders' meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a one or more Series (or that holders of a Class Classes) shall vote as a Class)separately, then a majority of the Shares of that such Series (or ClassClasses) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that with respect to such Series (or Class) is concernedClasses).

Appears in 8 contracts

Samples: A Agreement (Phoenix Oakhurst Strategic Allocation Fund Inc), Agreement and Declaration (Phoenix Engemann Funds), Agreement and Declaration (Phoenix Engemann Funds)

Quorum and Required Vote. Except when a larger quorum is required by applicable lawlaw or the requirements of any securities exchange on which Shares are listed for trading, by the By-Laws or by this Declaration of TrustTrust Instrument, twentythirty-five three and one-third percent (2533-1/3%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessionsmeeting. When any one or more Series (or Classes) is to vote as a single Series (or Class) separate separately from any other Shares, twentythirty-five three and one-third percent (2533-1/3%) of the Shares of each such Series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting of that Series (or Class). Except ) except when a larger vote is required by any provision of this Declaration of Trust Instrument or the By-Laws or by applicable law, when law or the requirements of any securities exchange on which Shares are listed for trading. When a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust Instrument requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (Beacon Pointe Multi-Alternative Fund), Agreement and Declaration of Trust (Total Fund Solution), Agreement and Declaration of Trust (Cantor Fitzgerald Sustainable Infrastructure Fund)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twenty-five forty percent (2540%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions' meeting. When any one or more Series (or Classes) is to vote as a single Series (or Class) Class separate from any other Shares, twenty-five forty percent (2540%) of the Shares of each such Series (or ClassClasses) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders' meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 6 contracts

Samples: Agreement and Declaration (Strategic Partners Series), Agreement (Prudential Mid Cap Value Fund), Agreement (Prudential 20/20 Fund)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twentythirty-five three and one-third percent (2533-1/3%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessionsmeeting. When any one or more Series (or ClassesClass) is to vote as a single Series (or Class) separate from any other Shares, twentythirty-five three and one-third percent (2533-1/3%) of the Shares of each such Series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 6 contracts

Samples: Agreement (Symmetry Panoramic Trust), www.sec.gov, Agreement and Declaration of Trust (1290 Funds)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twentythirty-five three and a third percent (2533 1/3%) of the Shares issued and outstanding shall constitute a quorum at a Shareholders' meeting but any lesser number shall be sufficient for adjourned sessions. When any one or more Series (or Classes) is to vote as a single Series (or Class) separate from any other Shares, twentythirty-five three and a third percent (2533 1/3%) of the Shares of each such Series (or Class) issued and outstanding shall constitute a quorum at a Shareholders' meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 5 contracts

Samples: Agreement (Evergreen International Balanced Income Fund), Agreement and Declaration (Evergreen Income Opportunity Fund), Agreement and Declaration (Evergreen Utilities & High Income Fund)

Quorum and Required Vote. Except when a larger quorum is required by applicable federal law, including the 1940 Act, by the By-Laws or by this Declaration of Trust, twentythe holders of Shares entitled to cast one-five percent (25%) third of the Shares issued and outstanding votes, present in person or by proxy, shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions' meeting. When any one or more Series (or ClassesClass) is to vote as a single Series (or Class) class separate from any other Shares, twenty-five percent (25%) the holders of the Shares of each such Series (or Class) issued and outstanding entitled to cast one-third of the votes, present in person or by proxy, shall constitute a quorum at a Shareholders' meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable federal law, including the 1940 Act, when a quorum is present at any meeting, a plurality of the Shares voted shall elect a Trustee and a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trusteeother matters, provided that where any provision of law federal law, including the 1940 Act, or of this Declaration of Trust requires that or permits the holders of any Series shall to vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) Trustee shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 5 contracts

Samples: Agreement and Declaration (Merrill Lynch Global Equity Fund), Merrill Lynch Real Investment Fund, Master Inflation Protected Trust

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twentythirty-five three and one-third percent (2533-1/3%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions' meeting. When any one or more Series (or ClassesClass) is to vote as a single Series (or Class) separate from any other Shares, twentythirty-five three and one-third percent (2533-1/3%) of the Shares of each such Series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting ' meting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 5 contracts

Samples: Agreement and Declaration of Trust (Equitable Premier Funds Trust), Agreement and Declaration (Equitable Trust/Ny/), Agreement and Declaration (Investbio Opportunity Trust)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twenty(i) thirty-five three and one-third percent (2533-1/3%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ Shareholders meeting but any lesser number shall be sufficient for adjourned sessions. When and (ii) when any one or more Series (or Classes) is to vote as a single Series (or Class) class separate from any other Shares, twentythirty-five three and one-third percent (2533-1/3%) of the Shares of each such Series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ Shareholders meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted voting on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 5 contracts

Samples: Agreement and Declaration (First Eagle Variable Funds), First Eagle Funds, Agreement and Declaration (First Eagle Funds Inc)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twenty(i) thirty-five three and one-third percent (2533 1/3%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions. When and (ii) when any one or more Series (or Classes) is to vote as a single Series (or Class) class separate from any other Shares, twentythirty-five three and one-third percent (2533 1/3%) of the Shares of each such Series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a one or more Series (or that holders of a Class Classes) shall vote as a Class)separately, then a majority of the Shares of that such Series (or ClassClasses) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that with respect to such Series (or Class) is concernedClasses).

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (Virtus Solutions SMA Trust), And Restated Agreement (Virtus Alternative Solutions Trust), Agreement and Declaration (Virtus Alternatives Trust I)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twentythirty-five three and a third percent (2533 1/3%) of the Shares issued and outstanding shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions. When any one or more Series (or Classes) is to vote as a single Series (or Class) separate from any other Shares, twentythirty-five three and a third percent (2533 1/3%) of the Shares of each such Series (or Class) issued and outstanding shall constitute a quorum at a Shareholders’ meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 4 contracts

Samples: Agreement and Declaration (Evergreen Global Dividend Opportunity Fund), Agreement and Declaration (Evergreen Global Dividend Opportunity Fund), Agreement and Declaration (Evergreen Global Dividend Opportunity Fund)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of TrustDeclaration, twenty-five percent (25%) a majority of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessionsmeeting. When any one or more Series (or Classes) is to vote as a single Series (or Class) Class separate from any other Shares, twenty-five percent (25%) a majority of the Shares of each such Series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (DCA Total Return Fund), Agreement and Declaration of Trust (Dividend Capital Enhanced Income Fund), Agreement and Declaration (Dividend Capital Strategic Global Realty Fund)

Quorum and Required Vote. Except when a larger quorum is required by any provision of this Agreement or by applicable law, by the Bythirty-Laws or by this Declaration of Trust, twentythree-five point-three-three percent (2533.33%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a ShareholdersMembersmeeting but any lesser number shall be sufficient for adjourned sessionsmeeting. When any one or more Series series (or Classes) is to vote as a single Series (or Class) separate separately from any other Shares, twentythirty-five three-point-three-three percent (2533.33%) of the Shares of each such Series series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a ShareholdersMembers’ meeting of that Series series (or Class). Except when a larger vote is required by applicable law or any provision of this Declaration of Trust or the By-Laws or by applicable lawAgreement, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a TrusteeDirector, provided that where any provision of law or of this Declaration of Trust Agreement requires that the holders of any Series series shall vote as a Series series (or that holders of a Class shall vote as a Class), then then, a majority of the Shares of that Series series (or Class) voted on the matter (or a plurality with respect to the election of a TrusteeDirector) shall decide that matter insofar as that Series series (or Class) is concerned.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Fundrise Growth Tech Fund, LLC), Limited Liability Company Agreement (Fundrise Income Real Estate Fund, LLC), Limited Liability Company Agreement (Fundrise Income Real Estate Fund, LLC)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twenty-five percent one third (2533 1/3%) of the Shares issued and outstanding shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions. When any one or more Series (or Classes) is to vote as a single Series (or Class) separate from any other Shares, twenty-five percent one third (2533 1/3%) of the Shares of each such Series (or Class) issued and outstanding shall constitute a quorum at a Shareholders’ meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 3 contracts

Samples: Agreement and Declaration (Met Investors Series Trust), Agreement and Declaration (Metropolitan Series Fund), Agreement and Declaration (Metropolitan Series Fund Inc)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twenty-five percent one third (2533 1/3%) of the Shares issued and outstanding shall constitute a quorum at a Shareholders' meeting but any lesser number shall be sufficient for adjourned sessions. When any one or more Series (or Classes) is to vote as a single Series (or Class) separate from any other Shares, twenty-five percent one third (2533 1/3%) of the Shares of each such Series (or Class) issued and outstanding shall constitute a quorum at a Shareholders' meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 3 contracts

Samples: Agreement and Declaration (Met Investors Series Trust), Agreement (Whatifi Funds), Agreement (Whatifi Funds)

Quorum and Required Vote. Except when a larger quorum is required by applicable federal law, including the 1940 Act, by the By-Laws or by this Declaration of Trust, twentythe holders of Shares entitled to cast one-five percent (25%) third of the Shares issued and outstanding votes, present in person or by proxy, shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessionsmeeting. When any one or more Series (or ClassesClass) is to vote as a single Series (or Class) class separate from any other Shares, twenty-five percent (25%) the holders of the Shares of each such Series (or Class) issued and outstanding entitled to cast one-third of the votes, present in person or by proxy, shall constitute a quorum at a Shareholders’ meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable federal law, including the 1940 Act, when a quorum is present at any meeting, a plurality of the Shares voted shall elect a Trustee and a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trusteeother matters, provided that where any provision of law federal law, including the 1940 Act, or of this Declaration of Trust requires that or permits the holders of any Series shall to vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (BlackRock Long-Horizon Equity Fund), Agreement and Declaration (BlackRock Long-Horizon Equity Fund)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twentythirty-five three and one-third percent (2533-1/3%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions' meeting. When any one or more Series (or Classes) is to vote as a single Series (or Class) Class separate from any other Shares, twentythirty-five three and one-third percent (2533-1/3%) of the Shares of each such Series (or ClassClasses) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders' meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 2 contracts

Samples: Agreement and Declaration (Target Portfolio Trust), Agreement and Declaration (Target Portfolio Trust)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twenty(i) thirty-five three and one-third percent (2533 1/3%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ Shareholders meeting but any lesser number shall be sufficient for adjourned sessions. When and (ii) when any one or more Series (or Classes) Class is to vote as a single Series (or Class) class separate from any other Shares, twentythirty-five three and one-third percent (2533 1/3%) of the Shares of each such Series (or Class) issued and outstanding Class entitled to vote shall constitute a quorum at a Shareholders’ Shareholders meeting of that the Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted Class voting on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) Class is concerned.

Appears in 2 contracts

Samples: Agreement And (Transamerica Idex Mutual Funds), Aegon/Transamerica Series Trust

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twentythirty-five three and one-third percent (2533-1/3%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessionsmeeting. When any one or more Series (or Classes) is to vote as a single Series (or Class) Class separate from any other Shares, twentythirty-five three and one-third percent (2533-1/3%) of the Shares of each such Series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting of that Series (or Class). , Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 2 contracts

Samples: Agreement and Declaration (Eq Advisors Trust), Agreement and Declaration (Eq Advisors Trust)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twentysixty-five six and two-third percent (2566-2/3%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions' meeting. When any one or more Series (or ClassesClass) is to vote as a single Series (or Class) separate from any other Shares, twentysixty-five six and two- third percent (2566-2/3%) of the Shares of each such Series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting ' meting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 2 contracts

Samples: Agreement and Declaration (Pennsylvania Avenue Funds), Agreement and Declaration (Pennsylvania Avenue Funds)

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Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twentythirty-five three and one-third percent (2533-1/3%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions' meeting. When any one or more Series (or Classes) is to vote as a single Series (or Class) Class separate from any other Shares, twentythirty-five three and one-third percent (2533-1/3%) of the Shares of each such Series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting ' meting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 2 contracts

Samples: Agreement and Declaration (Portland Mutual Funds), Blue Ridge Funds Trust

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of TrustDeclaration, twenty-five percent (25%) a majority of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions' meeting. When any one or more Series (or Classes) is to vote as a single Series (or Class) Class separate from any other Shares, twenty-five percent (25%) a majority of the Shares of each such Series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders' meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 1 contract

Samples: Agreement and Declaration (Dividend Capital Realty Income Allocation Fund)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the ByThirty-Laws or by this Declaration of Trust, twentythree and one-five third percent (2533-1/3%) of the Shares issued shares entitled to vote shall be a quorum for the transaction of business at a meeting of shareholders, except that where any provision of law or of the Declaration of Trust or these By-Laws permits or requires that holders of any series or class shall vote as a series or class, then thirty-three and outstanding one-third percent (33-1/3%) of the shares of that series or class entitled to vote shall be necessary to constitute a quorum at a Shareholders’ meeting but any for the transaction of business by that series or class. Any lesser number number, however, shall be sufficient for adjournments. Any adjourned sessions. When any one session or more Series (or Classes) is to vote as sessions may be held within a single Series (or Class) separate from any other Shares, twenty-five percent (25%) reasonable time after the date set for the original meeting without the necessity of the Shares of each such Series (or Class) issued and outstanding shall constitute a quorum at a Shareholders’ meeting of that Series (or Class)further notice. Except when a larger vote is required by any provision of this law or of the Declaration of Trust or the these By-Laws or by applicable law, when a quorum is present at any meetingLaws, a majority of the Shares shares voted on any matter shall decide any questions such matter and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this the Declaration of Trust or these By-Laws permits or requires that the holders of any Series series or class shall vote as a Series (series or that holders of a Class shall vote as a Class)class, then a majority of the Shares shares of that Series (series or Class) class voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (series or Class) class is concerned.

Appears in 1 contract

Samples: Sei Asset Allocation Trust

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twentythe holders of Shares entitled to cast one-five percent (25%) third of the Shares issued and outstanding votes, present in person or by proxy, shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions' meeting. When any one or more Series (or ClassesClass) is to vote as a single Series (or Class) class separate from any other Shares, twenty-five percent (25%) the holders of the Shares of each such Series (or Class) issued and outstanding entitled to cast one-third of the votes, present in person or by proxy, shall constitute a quorum at a Shareholders' meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 1 contract

Samples: Agreement and Declaration (Td Waterhouse Dow 30 Fund)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twenty-five forty percent (2540%) of the dollar-weighted voting power of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions' meeting. When any one or more Series (or Classes) is to vote as a single Series (or Class) class separate from any other Shares, twenty-five forty percent (2540%) of the Shares of each such Series (or ClassClasses) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ Shareholder's meeting of that Series (or Class). Except , except when a larger vote quorum is required by any provision of this Declaration of Trust or by the By-Laws or by applicable law. Any meeting of Shareholders may be adjourned from time to time by a majority of the dollar-weighted votes properly cast upon the question of adjourning a meeting to another date and time, whether or not a quorum is present, and the meeting may be held as adjourned within a reasonable time after the date set for the original meeting without further notice. Subject to the provisions of Article III, Section 7(d), when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 1 contract

Samples: Montgomery Funds Iii

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twenty(i) thirty-five three and one-third percent (2533 1/3 %) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions. When any one and (ii) when anyone or more Series (or Classes) is to vote as a single Series (or Class) class separate from any other Shares, twentythirty-five three and one-third percent (2533 1/3 %) of the Shares of each such Series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a one or more Series (or that holders of a Class Classes) shall vote as a Class)separately, then a majority of the Shares of that such Series (or ClassClasses) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that with respect to such Series (or Class) is concernedClasses).

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Phoenix Equity Series Fund)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the ByThirty-Laws or by this Declaration of Trust, twentythree and one-five third percent (2533-1/3%) of the Shares issued shares entitled to vote shall be a quorum for the transaction of business at a meeting of shareholders, except that where any provision of law or of the Declaration of Trust or these By-Laws permits or requires that holders of any series or class shall vote as a series or class, then thirty-three and outstanding one-third percent (33-1/3%) of shares of that series or class entitled to vote shall be necessary to constitute a quorum at a Shareholders’ meeting but any for the transaction of business by that series or class. Any lesser number number, however, shall be sufficient for adjournments. Any adjourned sessions. When any one session or more Series (or Classes) is to vote as sessions may be held within a single Series (or Class) separate from any other Shares, twenty-five percent (25%) reasonable time after the date set for the original meeting without the necessity of the Shares of each such Series (or Class) issued and outstanding shall constitute a quorum at a Shareholders’ meeting of that Series (or Class)further notice. Except when a larger vote is required by any provision of this law or of the Declaration of Trust or the these By-Laws or by applicable law, when a quorum is present at any meetingLaws, a majority of the Shares shares voted on any matter shall decide any questions such matter and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this the Declaration of Trust or these By-Laws permits or requires that the holders of any Series series or class shall vote as a Series (series or that holders of a Class shall vote as a Class)class, then a majority of the Shares shares of that Series (series or Class) class voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (series or Class) class is concerned.

Appears in 1 contract

Samples: Sei Institutional Investments Trust

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twentythirty-five three and one-third percent (2533-1/3%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions' meeting. When any one or more Series (or Classes) is to vote as a single Series (or Class) Class separate from any other Shares, twentythirty-five three and one-third percent (2533-1/3%) of the Shares of each such Series (or ClassClasses) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting ' meting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 1 contract

Samples: Agreement and Declaration (Jp Morgan Series Trust Ii)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twenty-five percent (25%) of the Shares issued and outstanding shall constitute a quorum at a Shareholders' meeting but any lesser number shall be sufficient for adjourned sessions. When any one anyone or more Series (or Classes) is to vote as a single Series (or Class) separate from any other Shares, twenty-five percent (25%) of the Shares of each such Series (or Class) issued and outstanding shall constitute a quorum at a Shareholders' meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 1 contract

Samples: Agreement and Declaration (Allianz Variable Insurance Products Trust)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twenty-five percent (25%) of the Shares issued and outstanding shall constitute a quorum at a Shareholders' meeting but any lesser number shall be sufficient for adjourned sessions. When any one anyone or more Series (or Classes) is to vote as a single Series (or Class) separate from any other Shares, twenty-five percent (25%) of the Shares of each such Series (or Class) issued and outstanding shall constitute a quorum at a Shareholders' meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or 'a plurality with respect to the election of a Trustee) shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 1 contract

Samples: Declaration of Trust (Allianz Variable Insurance Products Fund of Funds Trust)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twenty(i) thirty-five three and one-third percent (2533 1/3%) of the Shares issued and outstanding eligible votes shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions. When and (ii) when any one or more Series (or Classes) is to vote as a single Series (or Class) class separate from any other Shares, twentythirty-five three and one-third percent (2533 1/3%) of the Shares eligible votes of each such Series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders’ meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares eligible votes voted shall decide any questions and a plurality of the Shares eligible votes voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series shall vote as a one or more Series (or that holders of a Class Classes) shall vote as a Class)separately, then a majority of the Shares eligible votes of that such Series (or ClassClasses) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that with respect to such Series (or Class) is concernedClasses).

Appears in 1 contract

Samples: Agreement and Declaration (Virtus Asset Trust)

Quorum and Required Vote. Except when a larger quorum is required by applicable federal law, including the 1940 Act, by the By-Laws or by this Declaration of Trust, twentythe holders of Shares entitled to cast one-five percent (25%) third of the Shares issued and outstanding votes, present in person or by proxy, shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessionsmeeting. When any one or more Series (or ClassesClass) is to vote as a single Series (or Class) class separate from any other Shares, twenty-five percent (25%) the holders of the Shares of each such Series (or Class) issued and outstanding entitled to cast one-third of the votes, present in person or by proxy, shall constitute a quorum at a Shareholders’ meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable federal law, including the 1940 Act, when a quorum is present at any meeting, a plurality of the Shares voted shall elect a Trustee and a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trusteeother matters, provided that where any provision of law federal law, including the 1940 Act, or of this Declaration of Trust requires that or permits the holders of any Series shall to vote as a Series (or that holders of a Class shall vote as a Class), then a majority of the Shares of that Series (or Class) voted on the matter (or a plurality with respect to the election of a Trustee) Trustee shall decide that matter insofar as that Series (or Class) is concerned.

Appears in 1 contract

Samples: Agreement and Declaration (Merrill Lynch Global Equity Opportunities Fund)

Quorum and Required Vote. Except when a larger quorum is required by applicable law, by the By-Laws or by this Declaration of Trust, twenty(i) thirty-five three and one-third percent (25%33_%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a Shareholders' meeting but any lesser number shall be sufficient for adjourned sessions. When and (ii) when any one or more Series (or Classes) is to vote as a single Series (or Class) class separate from any other Shares, twentythirty-five three and one-third percent (25%33_%) of the Shares of each such Series (or Class) issued and outstanding entitled to vote shall constitute a quorum at a Shareholders' meeting of that Series (or Class). Except when a larger vote is required by any provision of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust requires that the holders of any Series one or more (or Classes) shall vote as a Series (or that holders of a Class shall vote as a Class)separately, then a majority of the Shares of that such Series (or ClassClasses) voted on the matter (or a plurality with respect to the election of a Trustee) shall decide that matter insofar as that with respect to such Series (or Class) is concernedClasses).

Appears in 1 contract

Samples: Phoenix Seneca Funds

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