Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Trust, or of any recording office in which this Declaration may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the name of the Trust, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or Shareholders, (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this Declaration, (f) the form of any By Laws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 200 contracts
Samples: Agreement and Declaration of Trust (Guggenheim Active Allocation Fund), Agreement and Declaration of Trust (Guggenheim Taxable Municipal Bond & Investment Grade Debt Trust), Agreement and Declaration of Trust (Guggenheim Strategic Opportunities Fund)
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Trust, or of any recording office in which this Declaration may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the name of the Trust, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or Shareholders, (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this Declaration, (f) the form of any By By-Laws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 143 contracts
Samples: Agreement and Declaration of Trust (Calamos Aksia Private Equity & Alternatives Fund), Agreement and Declaration of Trust (Axxes Opportunistic Credit Fund), Agreement and Declaration of Trust (Kennedy Lewis Capital Co)
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Trust, Trust or of any recording office in which this Declaration Trust Instrument may be recorded, appears to be a Trustee hereunder, certifying to: to (a) the number or identity of Trustees or Shareholders, (b) the name of the Trust, (c) the due authorization of the execution of any instrument or writing, (dc) the form of any vote passed at a meeting of Trustees or Shareholders, (ed) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this DeclarationTrust Instrument, (fe) the form of any By Laws By-laws adopted by or the identity of any officers elected by the Trustees, or (gf) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 113 contracts
Samples: Trust Agreement (American Funds U.S. Small & Mid Cap Equity Fund), Agreement and Declaration of Trust (Capital Group Fixed Income ETF Trust), Agreement and Declaration of Trust (American Funds College Target Date Series)
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Trust, or of any recording office in which this Declaration of Trust may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the name of the Trust, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or Shareholders, (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this DeclarationDeclaration of Trust, (f) the form of any By Laws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 16 contracts
Samples: Trust Agreement (Meet Kevin Trust), Agreement and Declaration of Trust (NEOS ETF Trust), Agreement and Declaration of Trust (Tema ETF Trust)
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Trust, or of any recording office in which this Declaration may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the name of the Trust, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or Shareholders, (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this Declaration, (f) the form of any By By-Laws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which that in any manner relate to the affairs of the Trust, Trust shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 6 contracts
Samples: Trust Agreement (Rochdale International Trade Fixed Income Fund), Agreement and Declaration of Trust (Highland Floating Rate Fund), Trust Agreement (Evolution U.S. Government Guaranteed Floating Rate Loan Fund a Series of Evolution Investment Trust)
Reliance by Third Parties. Any certificate executed by an ------------------------- individual who, according to the records of the Trust, or of any recording office in which this Declaration may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the name of the Trust, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or Shareholders, (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this Declaration, (f) the form of any By Laws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Blackrock New York Municipal Income Trust), Agreement and Declaration of Trust (Blackrock Florida Municipal Income Trust), Agreement and Declaration of Trust (Blackrock New Jersey Municipal Income Trust)
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Trust, or of any recording office in which this Declaration may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or ShareholdersUnitholders, (b) the name of the Trust, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or ShareholdersUnitholders, (e) the fact that the number of Trustees or Shareholders Unitholders present at any meeting or executing any written instrument satisfies the requirements of this Declaration, (f) the form of any By Laws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Cushing MLP Infrastructure Fund II), Agreement and Declaration of Trust (Cushing MLP Infrastructure Master Fund), Agreement and Declaration of Trust (Cushing MLP Infrastructure Fund)
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Trust, or of any recording office in which this Declaration may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the name of the Trust, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or Shareholders, (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this Declaration, (f) the form of any By By-Laws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which that in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Global Real Estate Opportunity Trust), Agreement and Declaration of Trust (Global Real Estate Opportunity Trust), Trust Agreement (Global Real Estate Investments Fund)
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Trust, or of any recording office in which this Declaration of Trust may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the name of the Trust, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or Shareholders, (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this DeclarationDeclaration of Trust, (f) the form of any By By-Laws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 3 contracts
Samples: Trust Agreement (Mason Capital Fund Trust), Trust Agreement (Mason Capital Fund Trust), Trust Agreement (Mason Capital Fund Trust)
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the TrustFund, or of any recording office in which this Declaration may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the name of the TrustFund, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or Shareholders, (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this Declaration, (f) the form of any By Laws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which in any manner relate to the affairs of the TrustFund, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 3 contracts
Samples: Agreement and Declaration of Fund (GDL Fund), Agreement and Declaration of Fund (Gabelli Global Deal Fund), Agreement and Declaration of Fund (Gabelli Global Deal Fund)
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Trust, or of any recording office in which this Declaration may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, ; (b) the name of the Trust, ; (c) the due authorization of the execution of any instrument or writing, ; (d) the form of any vote passed at a meeting of Trustees or Shareholders, ; (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this Declaration, ; (f) the form of any By By-Laws adopted by or the identity of any officers elected by the Trustees, ; or (g) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Carlyle Secured Lending III), Agreement and Declaration of Trust (Carlyle Secured Lending III), Trust Agreement (Little Harbor MultiStrategy Composite Fund)
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Trust, or of any recording office in which this Declaration may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the name of the Trust, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or Shareholders, (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this Declaration, (f) the form of any By Laws Bylaws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (BIP Ventures Evergreen BDC), Agreement and Declaration of Trust (BIP Evergreen Venture Fund), Agreement and Declaration of Trust (Weiss Strategic Interval Fund)
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the TrustCompany, or of any recording office in which this Declaration may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the name of the TrustCompany, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or Shareholders, (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this Declaration, (f) the form of any By By-Laws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which in any manner relate to the affairs of the TrustCompany, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 2 contracts
Samples: Trust Agreement (Pershing Square USA, Ltd.), Agreement and Declaration of Trust (Pershing Square USA, Ltd.)
Reliance by Third Parties. Any certificate executed by ------------------------- an individual who, according to the records of the Trust, or of any recording office in which this Declaration may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the name of the Trust, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or Shareholders, (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this Declaration, (f) the form of any By Laws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Blackrock California Municipal Income Trust)
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Trust, or of any recording office in which this Declaration may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the name of the Trust, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or Shareholders, (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this Declaration, (f) the form of any By By-Laws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person Person dealing with the Trustees and their successors.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (SharesPost 100 Fund)
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Trust, or of any recording office in which this Declaration may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the name of the Trust, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or Shareholders, (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this Declaration, (f1) the form of any By Laws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Cbre Global Real Estate Income Fund)
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Trust, or of any recording office in which this Declaration may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the name of the Trust, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or Shareholders, (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this Declaration, or (f) the form of any By Laws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 1 contract
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Trust, or of any recording official or public body or office in which this Declaration of Trust may be recorded, appears to be a Trustee hereunderhereunder or the Secretary or the Treasurer of the Trust, certifying to: (a) the number or identity of Trustees or Shareholders, Participants; (b) the name of the Trust, (cii) the due authorization of the execution of any instrument or writing, ; (diii) the form of any vote passed at a meeting of Trustees or Shareholders, by the Participants; (eiv) the fact that the number of Trustees or Shareholders Participants present at any meeting or executing any written instrument satisfies the requirements of this Declaration, Declaration of Trust; (fv) the form of any By Laws Bylaw adopted by or the identity of any officers elected by the Trustees, ; or (gvi) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person Person dealing with the Trustees or any of them or the Trust and their successorsthe successors of such Person.
Appears in 1 contract
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the TrustFund, or of any recording official or public body or office in which this Declaration of Trust may be recorded, appears to be a Trustee hereunderhereunder or the Secretary or the Treasurer of the Fund, certifying to: (ai) the number or identity of Trustees or Shareholders, Participants; (b) the name of the Trust, (cii) the due authorization of the execution of any instrument or writing, ; (diii) the form of any vote passed at a meeting of Trustees or Shareholders, by the Participants; (eiv) the fact that the number of Trustees or Shareholders Participants present at any meeting or executing any written instrument satisfies the requirements of this Declaration, Declaration of Trust; (fv) the form of any By Laws Bylaw adopted by or the identity of any officers elected by the Trustees, ; or (gvi) the existence of any fact or facts which in any manner relate to the affairs of the TrustFund, shall be conclusive evidence as to the matters so certified in favor of any person Person dealing with the Trustees or any of them or the Fund and their successorsthe successors of such Person.
Appears in 1 contract
Reliance by Third Parties. Any certificate executed by an individual who, according to the records in the office of the Trust, or Secretary of any recording office in which this Declaration may be recorded, The Commonwealth of Massachusetts appears to be a Trustee hereunderhereunder or an officer of the Trust, certifying to: (ai) the number or identity of Trustees or Shareholders, (b) the name of the Trust, (cii) the due authorization of the execution of any instrument or writing, (diii) the form of any NY 73323877v11 vote passed at a meeting of Trustees or Shareholders, (eiv) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this DeclarationDeclaration of Trust, (fv) the form of any By Laws adopted by By-Law adopted, or the identity of any officers elected elected, by the Trustees, or (gvi) the existence or nonexistence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person Person dealing with the Trustees Trustees, or any of them, and their successorsthe successors of such Person.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Dreyfus Investment Funds)
Reliance by Third Parties. Any certificate executed by an individual who, according to the records of the Trust, or of any recording office in which this Declaration may be recorded, appears to be a Trustee hereunder, certifying to: (a) the number or identity of Trustees or Shareholders, (b) the name of the Trust, (c) the due authorization of the execution of any instrument or writing, (d) the form of any vote passed at a meeting of Trustees or Shareholders, (e) the fact that the number of Trustees or Shareholders present at any meeting or executing any written instrument satisfies the requirements of this Declaration, (f) the f)the form of any By Laws Bylaws adopted by or the identity of any officers elected by the Trustees, or (g) the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Nexpoint Diversified Real Estate Trust)
