Common use of Quorum; Required Vote Clause in Contracts

Quorum; Required Vote. Except when a larger quorum is required by law, this Declaration of Trust or the By-laws, a quorum for the transaction of business at a Shareholders’ meeting with respect to a Series or Class, or with respect to the Trust, as applicable, shall be, respectively, with respect to any Series or Class that is listed on an Exchange one-third of the Outstanding Shares of such Series or Class, and with respect to any Series or Class that is not listed on an Exchange one-tenth of the Outstanding Shares of such Series or Class, or where a Trust-wide vote is required, one-third of the Outstanding Shares of the Trust, entitled to vote in person or by proxy. Any lesser number shall be sufficient for adjournments. Any adjourned session of a Shareholders’ meeting may be held within a reasonable time without further notice for the purpose of taking action upon any matter that would have been acted upon at the original meeting but for its adjournment. Except when a larger vote is required by law, this Declaration of Trust or the By-laws, a majority of the Outstanding Shares voted in person or by proxy shall decide any matters to be voted upon with respect to the entire Trust and a plurality of such Outstanding Shares shall elect a Trustee; provided, that if this Declaration of Trust or applicable law permits or requires that Shares be voted on any matter by individual Series or Classes, then a majority of the Outstanding Shares of that Series or Class (or, if required by law, a Majority Shareholder Vote of that Series or Class) voted in person or by proxy on the matter shall decide that matter insofar as that Series or Class is concerned. Shareholders may act as to the Trust or any Series or Class by written consent as provided in the By-laws.

Appears in 13 contracts

Samples: Agreement and Declaration of Trust (Federated Hermes ETF Trust), Agreement and Declaration of Trust (Federated Hermes ETF Trust), Agreement and Declaration of Trust (Federated Hermes ETF Trust)

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Quorum; Required Vote. Except when a larger quorum is required Holders of Shares of the Trust, Series or Class, as applicable, representing one-third of the votes entitled to be cast at the meeting in person or by law, this Declaration of Trust or the By-laws, proxy shall be a quorum for the transaction of business at a Shareholders’ meeting with respect to a Series or Class, or with respect to the Trust, as applicable, shall be, respectively, with respect to any Series or Class that is listed on an Exchange one-third of the Outstanding Shares of such Series or Class, and with respect to any Series or Class that is not listed on an Exchange one-tenth of the Outstanding Shares of such Series or Class, or where a Trust-wide vote is required, one-third of the Outstanding Shares of the Trust, entitled to vote in person or by proxymeeting. Any lesser number shall be sufficient for adjournments. Any adjourned session of a Shareholders’ meeting may be held within a reasonable time without further notice for the purpose of taking action upon any matter that would have been acted upon at the original meeting but for its adjournmentnotice. Except when a larger vote is required by law, this Declaration of Trust or Declaration, the By-lawslaws or the Trustees, holders of Shares representing a majority of the Outstanding Shares voted votes cast at a Shareholders’ meeting in person or by proxy shall decide any matters to be voted upon with respect to the entire Trust and except that a plurality of such Outstanding Shares votes cast shall elect a Trustee; provided, that if this Declaration of Trust or applicable law permits or requires that Shares be voted on any matter by individual Series or Classes, then holders, except when a majority larger vote is required by law, this Declaration, the By-laws or the Trustees, of the Outstanding Shares of that Series or Class (or, if required by law, representing a Majority Shareholder Vote majority of that Series or Class) voted the votes cast at a Shareholders’ meeting in person or by proxy on the matter shall decide that matter insofar as that Series or Class is concerned, except that a plurality of such votes cast shall elect a Series Trustee. With respect to any matter presented to the Shareholders for approval, the Shareholders may act as to the Trust or any Series or Class by the written consent of holders of Shares of the Trust, Series or Class, as provided in the By-lawscase may be, representing a majority (or such other amount as may be required by applicable law) of the votes entitled to be cast on the matter subject to such consent. Such consent shall be treated for all purposes as a vote taken at a meeting of Shareholders.

Appears in 2 contracts

Samples: Trust Agreement (NETS Trust), Trust Agreement (NETS Trust)

Quorum; Required Vote. Except when a larger quorum vote is required by law, this Declaration of Trust or Declaration, the By-lawslaws or the Trustees, holders of Shares of the Trust, Series or Class, as applicable, representing one-third of the votes entitled to be cast at the meeting in person or by proxy shall be a quorum for the transaction of business at a Shareholders’ meeting with respect to a Series or Class, or with respect to the Trust, as applicable, shall be, respectively, with respect to any Series or Class that is listed on an Exchange one-third of the Outstanding Shares of such Series or Class, and with respect to any Series or Class that is not listed on an Exchange one-tenth of the Outstanding Shares of such Series or Class, or where a Trust-wide vote is required, one-third of the Outstanding Shares of the Trust, entitled to vote in person or by proxy' meeting. Any lesser number shall be sufficient for adjournments. Any adjourned session of a Shareholders' meeting may be held within a reasonable time without further notice for the purpose of taking action upon any matter that would have been acted upon at the original meeting but for its adjournmentnotice. Except when a larger vote is required by law, this Declaration of Trust or Declaration, the By-lawslaws or the Trustees, holders of Shares representing a majority of the Outstanding Shares votes present and voted at a Shareholders' meeting in person or by proxy shall decide any matters to be voted upon with respect to the entire Trust and except that a plurality of such Outstanding Shares votes shall elect a Trustee; provided, that if this Declaration of Trust or applicable law permits or requires that Shares be voted on any matter by individual Series or Classes, then holders, except when a majority larger vote is required by law, this Declaration, the By-laws or the Trustees, of the Outstanding Shares of that Series or Class (or, if required by law, representing a Majority Shareholder Vote majority of that Series or Class) the votes present and voted at a Shareholders' meeting in person or by proxy on the matter shall decide that matter insofar as that Series or Class is concerned, except that a plurality of such votes shall elect a Series Trustee. With respect to any matter presented to the Shareholders for approval, the Shareholders may act as to the Trust or any Series or Class by the written consent of holders of Shares of the Trust, Series or Class, as provided in the By-lawscase may be, representing a majority (or such other amount as may be required by applicable law) of the votes entitled to be cast on the matter subject to such consent. Such consent shall be treated for all purposes as a vote taken at a meeting of Shareholders.

Appears in 1 contract

Samples: Trust Agreement (Northern Funds)

Quorum; Required Vote. Except when a larger quorum is required by law, this Declaration of Trust or the By-laws, a quorum for the transaction of business at a Shareholders’ meeting with respect to a Series or Class, or with respect to the Trust, as applicable, shall be, respectively, with respect to any Series or Class that is listed on an Exchange oneOne-third of the Outstanding Shares of such Series or Class, and with respect to any Series or Class that is not listed on an Exchange one-tenth of the Outstanding Shares of such each Series or Class, or where a Trust-wide vote is required, one-third of the Outstanding Shares of the Trust, entitled to vote in person or by proxy. Any lesser number proxy shall be sufficient a quorum for adjournments. Any adjourned session the transaction of business at a Shareholders' meeting may be held within a reasonable time without further notice for with respect to such Series or Class, or with respect to the purpose of taking action upon any matter that would have been acted upon at the original meeting but for its adjournmententire Trust, respectively. Except when a larger vote is required by law, this Declaration of Trust Instrument or the By-lawsBylaws, at any meeting at which a quorum is present, a majority of the Outstanding Shares voted in person or by proxy shall decide any matters to be voted upon with respect to the entire Trust and a plurality of such Outstanding Shares shall elect a Trustee; provided, that if this Declaration of Trust Instrument or applicable law permits or requires that Shares be voted on any matter by individual Series or Classes, then a majority of the Outstanding Shares of that Series or Class (or, if required by law, a Majority Shareholder Vote of that Series or Class) voted in person or by proxy on the matter shall decide that matter insofar as that Series or Class is concerned. Shareholders may act as to the Trust or any Series or Class by the written consent of a majority (or such greater amount as provided may be required by applicable law) of the Outstanding Shares of the Trust or of such Series or Class, as the case may be. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the Secretary shall give prompt notice of the action approved by the Shareholders without a meeting. Notwithstanding any other provision herein or in the By-lawsBylaws, any meeting of Shareholders, whether or not a quorum is present, may be adjourned from time to time by the vote of the majority of the Shares represented at that meeting, either in person or by proxy. Any adjourned session or sessions of a meeting of Shareholders may be held within a reasonable time of the original meeting date established pursuant to Article X, Section 3 without further notice.

Appears in 1 contract

Samples: Trust Instrument (Berger Enhanced Portfolio Trust)

Quorum; Required Vote. Except when a larger quorum is required by law, this Declaration of Trust or the By-laws, a quorum for the transaction of business at a Shareholders’ meeting with respect to a Series or Class, or with respect to the Trust, as applicable, shall be, respectively, with respect to any Series or Class that is listed on an Exchange one-third of the Outstanding Shares of such Series or Class, and with respect to any Series or Class that is not listed on an Exchange one-tenth of the Outstanding Shares of such Series or Class, or where a Trust-wide vote is required, one-third of the Outstanding Shares of the Trust, entitled to vote in person or by proxy. Any lesser number shall be sufficient for adjournments, as set forth in the Bylaws. Any adjourned session of a Shareholders’ meeting may be held within a reasonable time without further notice for the purpose of taking action upon any matter that would have been acted upon at the original meeting but for its adjournment. Except when a larger vote is required by law, this Declaration of Trust or the By-laws, a majority of the Outstanding Shares voted in person or by proxy shall decide any matters to be voted upon with respect to the entire Trust and a plurality of such Outstanding Shares shall elect a Trustee; provided, that if this Declaration of Trust or applicable law permits or requires that Shares be voted on any matter by individual Series or Classes, then a majority of the Outstanding Shares of that Series or Class (or, if required by law, a Majority Shareholder Vote of that Series or Class) voted in person or by proxy on the matter shall decide that matter insofar as that Series or Class is concerned. Shareholders may act as to the Trust or any Series or Class by written consent as provided in the By-laws.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Touchstone ETF Trust)

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Quorum; Required Vote. Except when a larger quorum vote is --------------------- required by law, this Declaration of Trust or Declaration, the By-lawslaws or the Trustees, holders of Shares of the Trust, Series or Class, as applicable, representing one-third of the votes entitled to be cast at the meeting in person or by proxy shall be a quorum for the transaction of business at a Shareholders’ meeting with respect to a Series or Class, or with respect to the Trust, as applicable, shall be, respectively, with respect to any Series or Class that is listed on an Exchange one-third of the Outstanding Shares of such Series or Class, and with respect to any Series or Class that is not listed on an Exchange one-tenth of the Outstanding Shares of such Series or Class, or where a Trust-wide vote is required, one-third of the Outstanding Shares of the Trust, entitled to vote in person or by proxy' meeting. Any lesser number shall be sufficient for adjournments. Any adjourned session of a Shareholders' meeting may be held within a reasonable time without further notice for the purpose of taking action upon any matter that would have been acted upon at the original meeting but for its adjournmentnotice. Except when a larger vote is required by law, this Declaration of Trust Declaration, the By- laws or the By-lawsTrustees, holders of Shares representing a majority of the Outstanding Shares voted votes present and entitled to be cast at a Shareholders' meeting in person or by proxy shall decide any matters to be voted upon with respect to the entire Trust and except that a plurality of such Outstanding Shares votes shall elect a Trustee; provided, that if this Declaration of Trust or applicable law permits or requires that Shares be voted on any matter by individual Series or Classes, then holders, except when a majority larger vote is required by law, this Declaration, the By-laws or the Trustees, of the Outstanding Shares of that Series or Class (or, if required by law, representing a Majority Shareholder Vote majority of that Series the votes present or Class) voted entitled to be cast voting at a Shareholders' meeting in person or by proxy on the matter shall decide that matter insofar as that Series or Class is concerned, except that a plurality of such votes shall elect a Series Trustee. With respect to any matter presented to the Shareholders for approval, the Shareholders may act as to the Trust or any Series or Class by the written consent of holders of Shares of the Trust, Series or Class, as provided in the By-lawscase may be, representing a majority (or such other amount as may be required by applicable law) of the votes entitled to be cast on the matter subject to such consent. Such consent shall be treated for all purposes as a vote taken at a meeting of Shareholders.

Appears in 1 contract

Samples: Trust Agreement (Goldman Sachs Variable Insurance Trust)

Quorum; Required Vote. Except when a larger quorum vote is required by law, this Declaration of Trust or Declaration, the By-lawslaws or the Trustees, holders of Shares of the Trust, Series or Class, as applicable, representing one-third of the votes entitled to be cast at the meeting in person or by proxy shall be a quorum for the transaction of business at a Shareholders’ meeting with respect to a Series or Class, or with respect to the Trust, as applicable, shall be, respectively, with respect to any Series or Class that is listed on an Exchange one-third of the Outstanding Shares of such Series or Class, and with respect to any Series or Class that is not listed on an Exchange one-tenth of the Outstanding Shares of such Series or Class, or where a Trust-wide vote is required, one-third of the Outstanding Shares of the Trust, entitled to vote in person or by proxy' meeting. Any lesser number shall be sufficient for adjournments. Any adjourned session of a Shareholders' meeting may be held within a reasonable time without further notice for the purpose of taking action upon any matter that would have been acted upon at the original meeting but for its adjournmentnotice. Except when a larger vote is required by law, this Declaration of Trust or Declaration, the By-lawslaws or the Trustees, holders of Shares representing a majority of the Outstanding Shares voted votes present and entitled to be cast at a Shareholders' meeting in person or by proxy shall decide any matters to be voted upon with respect to the entire Trust and except that a plurality of such Outstanding Shares votes shall elect a Trustee; provided, that if this Declaration of Trust or applicable law permits or requires that Shares be voted on any matter by individual Series or Classes, then holders, except when a majority larger vote is required by law, this Declaration, the By-laws or the Trustees, of the Outstanding Shares of that Series or Class (or, if required by law, representing a Majority Shareholder Vote majority of that Series the votes present or Class) voted entitled to be cast voting at a Shareholders' meeting in person or by proxy on the matter shall decide that matter insofar as that Series or Class is concerned, except that a plurality of such votes shall elect a Series Trustee. With respect to any matter presented to the Shareholders for approval, the Shareholders may act as to the Trust or any Series or Class by the written consent of holders of Shares of the Trust, Series or Class, as provided in the By-lawscase may be, representing a majority (or such other amount as may be required by applicable law) of the votes entitled to be cast on the matter subject to such consent. Such consent shall be treated for all purposes as a vote taken at a meeting of Shareholders.

Appears in 1 contract

Samples: Trust Agreement (Benchmark Funds)

Quorum; Required Vote. Except when a larger quorum vote is required --------------------- by law, this Declaration of Trust or the By-laws, holders of Shares of the Trust, Series or Class, as applicable, representing one-third of the votes entitled to be cast at the meeting in person or by proxy shall be a quorum for the transaction of business at a Shareholders’ meeting with respect to a Series or Class, or with respect to the Trust, as applicable, shall be, respectively, with respect to any Series or Class that is listed on an Exchange one-third of the Outstanding Shares of such Series or Class, and with respect to any Series or Class that is not listed on an Exchange one-tenth of the Outstanding Shares of such Series or Class, or where a Trust-wide vote is required, one-third of the Outstanding Shares of the Trust, entitled to vote in person or by proxy' meeting. Any lesser number shall be sufficient for adjournments. Any adjourned session of a Shareholders' meeting may be held within a reasonable time without further notice for the purpose of taking action upon any matter that would have been acted upon at the original meeting but for its adjournmentnotice. Except when a larger vote is required by law, this Declaration of Trust or the By-laws, holders of Shares representing a majority of the Outstanding Shares voted votes present and entitled to be cast at a Shareholders' meeting in person or by proxy shall decide any matters to be voted upon with respect to the entire Trust and except that a plurality of such Outstanding Shares votes shall elect a Trustee; provided, that if this Declaration of Trust or applicable law permits or requires that Shares be voted on any matter by individual Series or Classes, then holders, except when a majority larger vote is required by law, this Declaration or the By-laws, of the Outstanding Shares of that Series or Class (or, if required by law, representing a Majority Shareholder Vote majority of that Series the votes present or Class) voted entitled to be cast voting at a Shareholders' meeting in person or by proxy on the matter shall decide that matter insofar as that Series or Class is concerned, except that a plurality of such votes shall elect a Series Trustee. With respect to any matter presented by the Trustees to the Shareholders for approval, the shareholders may act as to the Trust or any Series or Class by the written consent of holders of Shares of the Trust, Series or Class, as provided in the By-lawscase may be, representing a majority (or such other amount as may be required by applicable law) of the votes entitled to be cast on the matters subject to such consent.

Appears in 1 contract

Samples: Declaration of Trust (Goldman Sachs Trust)

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