Common use of Redemptions and Repurchases Clause in Contracts

Redemptions and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article Vl, no dividend or distribution, including, without limitation, any distribution paid upon termination of the Trust or of any Series or Class with respect to, nor any redemption or repurchase of, the Shares of any Series or Class, shall be effected by the Trust other than from the assets held with respect to such Series, nor shall any Shareholder or any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital, and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 9 contracts

Samples: Trust Agreement (Evergreen Select Money Market Trust), Trust Agreement (Evergreen International Trust), Trust Agreement (Evergreen Equity Trust /De/)

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Redemptions and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VlVI, no dividend or distribution, including, without limitation, any distribution paid upon termination of the Trust or of any Series or Class with respect to, nor any redemption or repurchase of, the Shares of any Series or Class, shall be effected by the Trust other than from the assets held with respect to such Series, nor shall any Shareholder or any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees Trustees, shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital, and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Usallianz Variable Insurance Products Trust), Trust Agreement (Usallianz Funds), Agreement and Declaration of Trust (Allianz of America Funds)

Redemptions and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VlVI, no dividend or distribution, distribution including, without limitation, any distribution paid upon termination of the Trust or of any Series (or Class class) with respect to, nor any redemption or repurchase of, the Shares of any Series (or Class, class) shall be effected by the Trust other than from the assets held with respect to such Series, nor nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder or of any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Investment Company Act, to determine which items shall be treated as income and which items as capital, ; and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 1 contract

Samples: Trust Agreement (Lsa Variable Series Trust)

Redemptions and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VlVI, no dividend or distribution, distribution including, without limitation, any distribution paid upon termination of the Trust or of any Series (or Class class) with respect to, nor any redemption or repurchase of, the Shares of any Series (or Class, class) shall be effected by the Trust other than from the assets held with respect to such Series, nor nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder or of any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital, ; and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Brandes Investment Trust)

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Redemptions and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VlVI, no dividend or distribution, including, without limitation, any distribution paid upon termination of the Trust or of any Series or Class with respect to, nor any redemption or repurchase of, the Shares of any Series or Class, shall be effected by the Trust other than from the assets held with respect to such Series, nor shall any Shareholder or any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital, and each such determination and allocation shall be conclusive and binding upon the Shareholders.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Bowes Investment Trust)

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