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), Declaration of Trust (Allianz Variable Insurance Products Fund of Funds Trust), Agreement and Declaration of Trust (Asset Allocation Trust - DE)
Quorum and Required Vote. Except when a larger quorum is required by applicable law, by (a) The Trustees shall set forth in the By-Laws or the quorum required for the transaction of business by this Declaration the Shareholders at a meeting, which quorum shall in no event be less than the holders of Trust, twentythirty-five three and one-third percent (2533 1/3%) of the outstanding Shares issued and outstanding shall constitute entitled to vote at such meeting. If a quorum is present when a duly called and held meeting is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast 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 Shareholders at which a quorum at a Shareholders’ meeting of that Series (or Class). Except when a larger vote is present, except as may be otherwise required by applicable law or 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 Laws. Where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or that the holders of a any Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) voted cast on the matter (or a plurality with respect to the election of a Trustee) shall decide that the matter insofar as that the Series (or Class) is concerned.
Appears in 14 contracts
Samples: Trust Agreement (Meet Kevin Trust), Trust Agreement (Mason Capital Fund Trust), Agreement and Declaration of Trust (NEOS ETF 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’ ' 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: Trust Agreement (Phoenix Equity Series Fund), Trust Agreement (Phoenix Aberdeen Series Fund), Agreement and Declaration of Trust (Phoenix Asset 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 (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: Agreement and Declaration of Trust (Phoenix Strategic Equity Series Fund), Agreement and Declaration of Trust (Phoenix Oakhurst Income & Growth Fund), Trust Agreement (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: Trust Agreement (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: Trust Agreement (Prudential Real Estate Fund), Trust Agreement (Prudential Tax Managed Equity Fund), Trust 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 and Declaration of Trust, Trust Agreement (Symmetry Panoramic Trust), 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, 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 of Trust (First Eagle Variable Funds), Agreement and Declaration of Trust (First Eagle Funds), Trust Agreement (First Eagle Overseas Variable 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 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 and Declaration of Trust (Evergreen International Balanced Income Fund), Agreement and Declaration of Trust (Evergreen Managed Income Fund), Agreement and Declaration of Trust (Evergreen International Balanced 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: Trust Agreement (Merrill Lynch Global Equity Fund), Trust Agreement (Master Real Investment Trust), Trust Agreement (Merrill Lynch Principal 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: Trust Agreement (Axa Premier Vip Trust), Trust Agreement (Axa Premier Funds Trust), Trust Agreement (Equitable Trust/Ny/)
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: Second Amended and Restated Agreement and Declaration of Trust (Evergreen Global Dividend Opportunity Fund), Agreement and Declaration of Trust (Evergreen Global Dividend Opportunity Fund), Trust Agreement (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 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: Trust Agreement (Virtus Solutions SMA Trust), Agreement and Declaration of Trust (Virtus Alternative Solutions Trust), Trust Agreement (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, 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 of Trust (Whatifi Funds), Agreement and Declaration of Trust (Whatifi Funds), Declaration of Trust (Met Investors Series Trust)
Quorum and Required Vote. Except when Thirty percent of Shares entitled to vote on 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 particular matter shall constitute be a quorum for the transaction of business on that matter at a Shareholders’ meeting but meeting, except that where any provision of law or of this Declaration of Trust or the Bylaws requires that holders of any series or class shall vote as an individual series or class, then thirty percent of the aggregate number of Shares of that series or class entitled to vote shall be necessary to constitute a quorum for the transaction of business by that series or class; provided that the Trustees may in their discretion specify a greater percentage to constitute a quorum as to any matter. Any lesser number 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 Sharesreasonable time after the date set for the original meeting, twenty-five percent (25%) 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 law or of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meetingBylaws, 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 or the Bylaws requires that the holders of any Series series or class shall vote as a Series (an individual series or that holders of a Class shall vote as a Class), class then a majority of the 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 3 contracts
Samples: Agreement and Declaration of Trust (JOHCM Funds Trust), Agreement and Declaration of Trust (JOHCM Funds Trust), Trust Agreement (JOHCM 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 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: Amended and Restated Agreement and Declaration of Trust (DCA Total Return Fund), Agreement and Declaration of Trust (Dividend Capital Enhanced Income Fund), Agreement and Declaration of Trust (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 ShareholdersMembers’ meeting 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 of Trust (Met Investors Series Trust), Agreement and Declaration of Trust (Metropolitan Series Fund), Trust Agreement (Metropolitan Series Fund Inc)
Quorum and Required Vote. Except when Thirty percent of Shares entitled to vote on 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 particular matter shall constitute be a quorum for the transaction of business on that matter at a Shareholders’ meeting but meeting, except that where any provision of law or of this Declaration of Trust or the Bylaws requires that holders of any series or class shall vote as an individual series or class, then thirty percent of the aggregate number of Shares of that series or class entitled to vote shall be necessary to constitute a quorum for the transaction of business by that series or class; provided that the Trustees may in their discretion specify a greater percentage to constitute a quorum as to any matter. Any lesser number 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 Sharesreasonable time after the date set for the original meeting, twenty-five percent (25%) 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 law or of this Declaration of Trust or the By-Laws or by applicable law, when a quorum is present at any meetingBylaws, 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 series or class vote as a Series (an individual series or that holders of a Class shall vote as a Class)class, then a majority of the 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 2 contracts
Samples: Declaration of Trust (State Street Master Funds), Agreement and Declaration of Trust (State Street Institutional Investment 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 Declaration of Trust (Transamerica Idex Mutual Funds), Declaration of Trust (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 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 of Trust (Target Portfolio Trust), Agreement and Declaration of Trust (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, 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 of Trust (Portland Mutual Funds), Agreement and Declaration of Trust (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 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: Trust Agreement (Pennsylvania Avenue Funds), Trust Agreement (Pennsylvania Avenue 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 of Trust (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, 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: Trust Agreement (Allianz Variable Insurance Products Trust)
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: By Laws (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, 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: Trust Agreement (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 (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: Agreement and Declaration of Trust (Phoenix Seneca 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 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.
Column A - General Trust Information
Appears in 1 contract
Samples: Trust Agreement (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, 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
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 of Trust (Dividend Capital Realty Income Allocation 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 (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 of Trust (Virtus Asset Trust)
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
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 of Trust (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, 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 1 contract
Samples: Agreement and Declaration of Trust (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, 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
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 and one-five third percent (2533-1/3%) of the Shares issued and outstanding entitled to vote shall constitute a quorum at a ShareholdersMembers’ meeting 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 and one-third percent (2533-1/3%) 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 any provision of this Declaration of Trust or the By-Laws Agreement 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 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 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 1 contract
Samples: Limited Liability Company Operating Agreement (Fundrise Real Estate Interval Fund, LLC)