Reorganization. A majority of the Board of Trustees may cause the Trust to sell, convey and transfer all or substantially all of the assets of the Trust, or all or substantially all of the assets associated with any one or more Series, to another trust, business trust, partnership, limited partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereof, or to the Trust to be held as assets associated with one or more other Series of the Trust, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the Trust, Shares of such other Series) with such transfer either (a) being made subject to, or with the assumption by the transferee of, the liabilities associated with each Series the assets of which are so transferred, or (b) not being made subject to, or not with the assumption of, such liabilities; provided, however, that, if required by the 1940 Act, no assets associated with any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose by the “vote of a majority of the outstanding voting securities,” as such phrase is defined in the 1940 Act, of that Series. Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cash, shares or other securities (giving due effect to the assets and liabilities associated with and any other differences among the various Series the assets associated with which have so been sold, conveyed and transferred) ratably among the Shareholders of the Series the assets associated with which have been so sold, conveyed and transferred (giving due effect to the differences among the various classes within each such Series); and if all of the assets of the Trust have been so sold, conveyed and transferred, the Trust shall be dissolved.
Appears in 81 contracts
Samples: Agreement and Declaration of Trust (Destra Multi-Alternative Fund), Amended and Restated Agreement and Declaration of Trust (Destra Multi-Alternative Fund), Trust Agreement
Reorganization. A majority of the Board of The Trustees may cause the Trust to sell, convey and transfer all or substantially all of the assets of the Trust, or all or substantially all of the assets associated with belonging to any one or more Series, to another trust, business trust, partnership, limited partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereofstate of the United States, or to the Trust to be held as assets associated with one or more other belonging to another Series of the Trust, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the Trust, Shares of such other Series) with such transfer either (a) being made subject to, or with the assumption by the transferee of, the liabilities associated with belonging to each Series the assets of which are so transferred, or (b) not being made subject to, or not with the assumption of, such liabilities; provided, however, that, that if shareholder approval is required by the 1940 Act, no assets associated with belonging to any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction transfer shall have first have been approved at a meeting called for that the purpose by the “affirmative vote of the holders of a majority of the outstanding voting securities,” Shares, as such phrase is defined in the 1940 Act, of that Series. Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cash, shares or other securities (giving due effect to the assets and liabilities associated with belonging to and any other differences among the various Series the assets associated with belonging to which have so been sold, conveyed and transferred) ratably among the Shareholders of the Series the assets associated with belonging to which have been so sold, conveyed and transferred (giving due effect to the differences among the various classes within each such Series)transferred; and if all of the assets of the Trust have been so sold, conveyed and transferred, the Trust shall be dissolvedterminated.
Appears in 74 contracts
Samples: Agreement and Declaration of Trust (Capitol Series Trust), Trust Agreement (Tea Leaf Management Investment Trust), Trust Agreement (First Western Funds Trust)
Reorganization. A majority of the Board of Trustees may cause the Trust to sell, convey and transfer all or substantially all of the assets of the Trust, or all or substantially all of the assets associated with any one or more Series, to another trust, business trust, partnership, limited partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereof, or to the Trust to be held as assets associated with one or more other Series of the Trust, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the Trust, Shares of such other Series) with such transfer either (a) being made subject to, or with the assumption by the transferee of, the liabilities associated with each Series the assets of which are so transferred, or (b) not being made subject to, or not with the assumption of, such liabilities; provided, however, that, if required by the 1940 Act, no assets associated with any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose by the “"vote of a majority of the outstanding voting securities,” " as such phrase is defined in the 1940 Act, of that Series. Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cash, shares or other securities (giving due effect to the assets and liabilities associated with and any other differences among the various Series the assets associated with which have so been sold, conveyed and transferred) ratably among the Shareholders of the Series the assets associated with which have been so sold, conveyed and transferred (giving due effect to the differences among the various classes within each such Series); and if all of the assets of the Trust have been so sold, conveyed and transferred, the Trust shall be dissolved.
Appears in 48 contracts
Samples: Declaration of Trust (Alternative Strategies Fund), Declaration of Trust (North Capital Funds Trust), Declaration of Trust (Esoterica Thematic ETF Trust)
Reorganization. A majority of the Board of Trustees may cause the Trust to sell, convey and transfer all or substantially all of the assets of the Trust, or all or substantially all of the assets associated with any one or more Series, to another trust, business trust, partnership, limited partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereof, or to the Trust to be held as assets associated with one or more other Series of the Trust, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the Trust, Shares of such other Series) with such transfer either (a) being made subject to, or with the assumption by the transferee of, the liabilities associated with each Series the assets of which are so transferred, or (b) not being made subject to, or not with the assumption of, such liabilities; provided, however, that, if required by the 1940 Act, no assets associated with any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose by the “vote of a majority of the outstanding voting securities,” as such phrase is defined in the 1940 Act, Majority Shareholder Vote of that Series. Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cash, shares or other securities (giving due effect to the assets and liabilities associated with and any other differences among the various Series the assets associated with which have so been sold, conveyed and transferred) ratably among the Shareholders of the Series the assets associated with which have been so sold, conveyed and transferred (giving due effect to the differences among the various classes within each such Series); and if all of the assets of the Trust have been so sold, conveyed and transferred, the Trust shall be dissolved.
Appears in 28 contracts
Samples: Agreement and Declaration of Trust (Align Alternative Access Fund), Agreement and Declaration of Trust (OneAscent Capital Opportunities Fund), Trust Agreement (Diamond Hill Securitized Credit Fund)
Reorganization. A majority of the Board of Trustees may cause the Trust to sell, convey and transfer all or substantially all of the assets of the Trust, or all or of substantially all of the assets associated with any one or more Series, to another trust, business trust, partnership, limited partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereof, or to the Trust to be held as assets associated with one or more other Series of the Trust, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the Trust, Shares of such other Series) with such transfer either (a) being made subject to, or with the assumption by the transferee of, the liabilities associated with each Series the assets of which are so transferred, or (b) not being made subject to, or not with the assumption of, such liabilities; provided, provided however, that, that if required by the 1940 Act, no assets associated with any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose by the “vote of a majority of the outstanding voting securities,” as such phrase is defined in the 1940 Act, of that Seriesseries. Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cash, shares or other securities (giving due effect to the assets and liabilities associated with and any other differences among the various Series the assets associated with which have be so been sold, conveyed and transferred) ratably among the Shareholders of the Series the assets associated with which have been so sold, conveyed and transferred (giving due effect to the differences among the various classes within each such Series); and if all of the assets of the Trust have been so sold, conveyed and transferred, the Trust shall be dissolvedterminated.
Appears in 9 contracts
Samples: Agreement and Declaration of Trust (Advisers Investment Trust), Agreement and Declaration of Trust (Advisers Investment Trust), Agreement and Declaration of Trust (Advisers Investment Trust)
Reorganization. A majority of the Board of Trustees may cause the Trust to sell, convey and transfer all or substantially all of the assets of the Trust, or all or substantially all of the assets associated held with respect to any one or more Series (the "Acquired Series"), to another trust, business trust, partnership, limited partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereof, or to the Trust to be held as assets associated held with respect to one or more other Series of the Trust, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the Trust, Shares of such other Series) with such transfer either (a) being made subject to, or with the assumption by the transferee of, the liabilities associated of the Trust or the liabilities held with respect to each Series the assets of which are so transferredAcquired Series, or (b) not being made subject to, or not with the assumption of, such liabilities; provided, however, that, if required by the 1940 Act, no assets associated held with respect to any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose by the “"vote of a majority of the outstanding voting securities,” " as such phrase is defined in the 1940 Act, of that Series. Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cash, shares or other securities (giving due effect to the assets and liabilities associated held with respect to the Acquired Series, and any other differences between or among the various Series the assets associated with which have so been soldAcquired Series), conveyed and transferred) ratably among the Shareholders of the Series Trust or the assets associated with which have been so soldAcquired Series, conveyed and transferred (giving due effect to the differences among the various classes within the Trust or each such Acquired Series); and if all of the assets of the Trust have been so sold, conveyed and transferred, the Trust shall be dissolved.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Barrett Funds), Trust Agreement (Berwyn Income Fund Inc), Trust Agreement (Igam Group Funds)
Reorganization. A majority of the Board of Trustees may cause the Trust Fund to sell, convey and transfer all or substantially all of the assets of the TrustFund, or all or substantially all of the assets associated with any one or more Series, to another trust, business trust, partnership, limited partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereof, or to the Trust Fund to be held as assets associated with one or more other Series of the TrustSeries, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the TrustSeries, Shares of such other Series) with such transfer either (a) being made subject to, or with the assumption by the transferee of, the liabilities associated with of the Fund or each Series the assets of which are so transferred, or (b) not being made subject to, or not with the assumption of, such liabilities; provided, however, that, if required by the 1940 Act, no such assets associated with any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose by Majority Shareholder Vote of the “vote Fund (if all or substantially all of the assets of the Fund are proposed to be sold) or of the affected Series (if all or substantially all of the assets of a majority of the outstanding voting securities,” as such phrase is defined in the 1940 Act, of that Seriesparticular Series are proposed to be sold). Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cash, shares or other securities ratably among the Shareholders of the Fund or affected Series, as applicable (giving due effect to the assets and liabilities associated with and any other differences among the various Series the assets associated with which have so been sold, conveyed and transferred) ratably among the Shareholders of the Series the assets associated with which have been so sold, conveyed and transferred (giving due effect to the differences among the various classes within each such Series, as applicable); and if all of the assets of the Trust Fund have been so sold, conveyed and transferred, the Trust Fund shall be dissolved.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Dynamic Alternatives Fund), Agreement and Declaration of Trust (Dynamic Alternatives Fund), Trust Agreement (Dynamic Alternatives Fund)
Reorganization. A majority of the Board of Trustees may cause the Trust to sell, convey and conveyand transfer all or substantially all of the assets of the Trust, or all or substantially all of the assets associated with associatedwith any one or more Series, to another trust, business trust, partnership, limited partnership, limited liability companyliabilitycompany, association or corporation organized under the laws of any state, or to one or more separate series thereofseriesthereof, or to the Trust to be held as assets associated with one or more other Series of the Trust, in exchange for cashforcash, shares or other securities (including, without limitation, in the case of a transfer to another toanother Series of the Trust, Shares of such other Series) with such transfer either (a) being made subject to, or with orwith the assumption by the transferee of, the liabilities associated with each Series the assets of which are so transferredsotransferred, or (b) not being made subject to, or not with the assumption of, such liabilities; provided, however, ,that, if required by the 1940 Act, no assets associated with any particular Series shall be so sold, conveyed or transferred ortransferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose thatpurpose by the “vote of a majority of the outstanding voting securities,” as such phrase is defined in the 1940 Act1940Act, of that Series. Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cashsuchcash, shares or other securities (giving due effect to the assets and liabilities associated with and any other differences otherdifferences among the various Series the assets associated with which have so been sold, conveyed and transferredandtransferred) ratably among the Shareholders of the Series the assets associated with which have been so sold, ,conveyed and transferred (giving due effect to the differences among the various classes within each such SeriessuchSeries); and if all of the assets of the Trust have been so sold, conveyed and transferred, the Trust shall be dissolvedbedissolved.
Appears in 2 contracts
Samples: Trust Agreement (Elessar Funds Investment Trust), Trust Agreement (Elessar Funds Investment Trust)
Reorganization. A majority of the Board of Trustees may may, with the approval or consent of the Shareholders in accordance with Article V, Section 3, cause the Trust to sell, convey and transfer all or substantially all of the assets of the Trust, or all or substantially all of the assets associated with any one or more Series, to another trust, business trust, partnership, limited partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereof, or to the Trust to be held as assets associated with one or more other Series of the Trust, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the Trust, Shares of such other Series) with such transfer either (a) being made subject to, or with the assumption by the transferee of, the liabilities associated with each Series the assets of which are so transferred, or (b) not being made subject to, or not with the assumption of, such liabilities; provided, however, that, if required by the 1940 Act, no assets associated with any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose by the “vote of a majority of the outstanding voting securities,” as such phrase is defined in the 1940 Act, of that Series. Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cash, shares or other securities (giving due effect to the assets and liabilities associated with and any other differences among the various Series the assets associated with which have so been sold, conveyed and transferred) ratably among the Shareholders of the Series the assets associated with which have been so sold, conveyed and transferred (giving due effect to the differences among the various classes within each such Series); and if all of the assets of the Trust have been so sold, conveyed and transferred, the Trust shall be dissolved.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Flat Rock Core Income Fund), Agreement and Declaration of Trust (Flat Rock Core Income Fund)
Reorganization. A The Board of Directors, by majority vote, may, without the vote of the Board of Trustees may Investors, cause the Trust Fund to sell, convey and transfer all or substantially all of the assets of the TrustFund, or all or substantially all of the assets associated held with respect to any one or more Series (the “Acquired Series, ”) to another limited partnership, trust, business statutory trust, partnership, limited general partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereof, or to the Trust Fund to be held as assets associated held with respect to one or more other Series of the TrustFund, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the TrustFund, Shares of in such other Series) with such transfer either (a) being made subject to, or with the assumption by the transferee of, the liabilities associated of the Fund or the liabilities held with respect to each Series the assets of which are so transferredAcquired Series, or (b) not being made subject to, or not with the assumption of, such liabilities; provided, however, that, if required by the 1940 Act, no assets associated held with respect to any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose by the “vote of a majority of the outstanding voting securities,” as such phrase is defined in the 1940 Act, Majority Investor Vote of that Series. Following such sale, conveyance and transfer, the Board of Trustees Directors shall distribute such cash, shares or other securities (giving due effect to the assets and liabilities associated held with respect to the Acquired Series, and any other differences between or among the various Series the assets associated with which have so been soldAcquired Series), conveyed and transferred) ratably among the Shareholders of Investors in the Fund or the Acquired Series the assets associated with which have been so sold, conveyed and transferred (giving due effect to the differences among the various classes of Investors within each such Acquired Series); and if all of the assets of the Trust Fund have been so sold, conveyed and transferred, the Trust Fund shall be dissolved.
Appears in 2 contracts
Samples: Limited Partnership Agreement (SEI Alpha Strategy Portfolios, LP), Limited Partnership Agreement (SEI Structured Credit Fund, LP)
Reorganization. A majority of the Board of Trustees may cause the Trust to sell, convey and transfer all or substantially all of the assets of the Trust, or all or substantially all of the assets associated with any one or more Series, to another trust, business trust, partnership, limited partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereof, or to the Trust to be held as assets associated with one or more other Series of the Trust, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the Trust, Shares of such other Series) with such transfer either (a) being made subject to, or with the assumption by the transferee of, the liabilities associated with each Series the assets of which are so transferred, or (b) not being made subject to, or not with the assumption of, such liabilities; provided, however, that, if required by the 1940 Act, no assets associated with any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose by the “vote of a majority of the outstanding voting securities,” as such phrase is defined in the 1940 Act, of that Series. Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cash, shares or other securities (giving due effect to the assets and liabilities associated with and any other differences among the various Series the assets associated with which have so been sold, conveyed and transferred) ratably among the Shareholders of the Series the assets associated with which have been so sold, conveyed and transferred (giving due effect to the differences among the various classes within each such Series); and if all of the assets of the Trust have been so sold, conveyed and transferred, the Trust shall be dissolved.. Waycross Independent Trust Agreement and Declaration of Trust July 2020
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Waycross Independent Trust)
Reorganization. A majority of the Board of Trustees may cause the Trust to sell, convey and transfer all or substantially all of the assets of the Trust, or all or substantially all of the assets associated with any one or more Series, to another trust, business trust, partnership, limited partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereof, or to the Trust to be held as assets associated with one or more other Series of the Trust, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the Trust, Shares of such other Series) with such transfer either (a) being made subject to, or with the assumption by the transferee of, the liabilities associated with each Series the assets of which are so transferred, transferred or (b) not being made subject to, or not with the assumption of, such liabilities; provided, however, that, if required by the 1940 Act, no assets associated with any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose by the “vote of a majority of the outstanding voting securities,” as such phrase is defined in the 1940 Act, of that Series. Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cash, shares or other securities (giving due effect to the assets and liabilities associated with and any other differences among the various Series the assets associated with which have so been sold, conveyed and transferred) ratably among the Shareholders of the Series the assets associated with which have been so sold, conveyed and transferred (giving due effect to the differences among the various classes within each such Series); and if all of the assets of the Trust have been so sold, conveyed and transferred, the Trust shall be dissolved.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (E-Valuator Funds Trust)
Reorganization. A majority of the Board of Trustees may cause the Trust to sell, convey and transfer all or substantially all of the assets of the Trust, or all or substantially all of the assets associated with any one or more Series, to another trust, business statutory trust, partnership, limited partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereof, or to the Trust to be held as assets associated with one or more other Series of the Trust, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the Trust, Shares of such other Series) with such transfer either (a) being made subject to, or with the assumption by the transferee of, the liabilities associated with each Series the assets of which are so transferred, or (b) not being made subject to, or not with the assumption of, such liabilities; provided, however, that, if required by the 1940 Act, no assets associated with any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose by the “"vote of a majority of the outstanding voting securities,” " as such phrase is defined in the 1940 Act, of that Series. Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cash, shares or other securities (giving due effect to the assets and liabilities associated with and any other differences among the various Series the assets associated with which have so been sold, conveyed and transferred) ratably among the Shareholders of the Series the assets associated with which have been so sold, conveyed and transferred (giving due effect to the differences among the various classes Classes within each such Series); and if all of the assets of the Trust have been so sold, conveyed and transferred, the Trust shall be dissolved.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Tamarack Funds Trust)
Reorganization. (a) A majority of the Board of Trustees may cause the Trust to sell, convey and transfer all or substantially all of the assets of the Trust, or all or substantially all of the assets associated with any one or more Series, to another trust, business trust, partnership, limited partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereof, or to the Trust to be held as assets associated with one or more other Series of the Trust, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the Trust, Shares of such other Series) with such transfer either (a1) being made subject to, or with the assumption by the transferee of, the liabilities associated with each Series the assets of which are so transferred, or (b2) not being made subject to, or not with the assumption of, such liabilities; provided, however, that, if required by the 1940 Act, no assets associated with any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose by the “vote of a majority of the outstanding voting securities,” as such phrase is defined in the 1940 Act, of that Series. .
(b) Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cash, shares or other securities (giving due effect to the assets and liabilities associated with and any other differences among the various Series the assets associated with which have so been sold, conveyed and transferred) ratably among the Shareholders of the Series the assets associated with which have been so sold, conveyed and transferred (giving due effect to the differences among the various classes within each such Series); and if all of the assets of the Trust have been so sold, conveyed and transferred, the Trust shall be dissolved.
Appears in 1 contract
Reorganization. A majority of the Board of Trustees may cause the Trust to sell, convey and transfer all or substantially all of the assets of the Trust, or all or substantially all of the assets associated with any one or more Series, to another trust, business trust, partnership, limited partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereof, or to the Trust to be held as assets associated with one or more other Series of the Trust, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the Trust, Shares of such other Series) with such transfer either (a) being made subject to, or with the assumption by the transferee of, the liabilities associated with each Series the assets of which are so transferred, or (b) not being made subject to, or not with the assumption of, such liabilities; provided, however, that, if required by the 1940 Act, no assets associated with any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose by the “vote of a majority of the outstanding voting securities,” as such phrase is defined in the 1940 Act, of that Series. Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cash, shares or other securities (giving due effect to the assets and liabilities associated with and any other differences among the various Series the assets associated with which have so been sold, conveyed and transferred) ratably among the Shareholders of the Series the assets associated with which have been so sold, conveyed and transferred (giving due effect to the differences among the various classes Classes within each such Series); and if all of the assets of the Trust have been so sold, conveyed and transferred, the Trust shall be dissolved.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Victory Portfolios II)
Reorganization. A majority of the Board of Trustees may cause the Trust to sell, convey and transfer all or substantially all of the assets of the Trust, or all or substantially all of the assets associated with any one or more Series, to another trust, business statutory trust, partnership, limited partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereof, or to the Trust to be held as assets associated with one or more other Series of the Trust, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the Trust, Shares of such other Series) with such transfer either (a) being made subject to, or with the assumption by the transferee of, the liabilities associated with each Series the assets of which are so transferred, or (b) not being made subject to, or not with the assumption of, such liabilities; provided, however, that, if required by the 1940 Act, no assets associated with any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose by the “"vote of a majority of the outstanding voting securities,” " as such phrase is defined in the 1940 Act, of that Series. Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cash, shares or other securities (giving due effect to the assets and liabilities associated with and any other differences among the various Series the assets associated with which have so been sold, conveyed and transferred) ratably among the Shareholders of the Series the assets associated with which have been so sold, conveyed and transferred (giving due effect to the differences among the various classes within each such Series); and if all of the assets of the Trust have been so sold, conveyed and transferred, the Trust shall be dissolved.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Voyageur Investment Trust)
Reorganization. A majority of the Board of Trustees may cause -------------- the Trust to sell, convey and transfer all or substantially all of the assets of the Trust, or all or substantially all of the assets associated held with respect to any one or more Series (the "Acquired Series"), to another trust, business trust, partnership, limited partnership, limited liability company, association or corporation organized under the laws of any state, or to one or more separate series thereof, or to the Trust to be held as assets associated held with respect to one or more other Series of the Trust, in exchange for cash, shares or other securities (including, without limitation, in the case of a transfer to another Series of the Trust, Shares of such other Series) with such transfer either (a) being made subject to, or with the assumption by the transferee of, the liabilities associated of the Trust or the liabilities held with respect to each Series the assets of which are so transferredAcquired Series, or (b) not being made subject to, or not with the assumption of, such liabilities; provided, however, that, if required by the 1940 Act, no assets associated held with respect to any particular Series shall be so sold, conveyed or transferred unless the terms of such transaction shall first have been approved at a meeting called for that purpose by the “"vote of a majority of the outstanding voting securities,” " as such phrase is defined in the 1940 Act, of that Series. Following such sale, conveyance and transfer, the Board of Trustees shall distribute such cash, shares or other securities (giving due effect to the assets and liabilities associated held with respect to the Acquired Series, and any other differences between or among the various Series the assets associated with which have so been soldAcquired Series), conveyed and transferred) ratably among the Shareholders of the Series Trust or the assets associated with which have been so soldAcquired Series, conveyed and transferred (giving due effect to the differences among the various classes within the Trust or each such Acquired Series); and if all of the assets of the Trust have been so sold, conveyed and transferred, the Trust shall be dissolved.
Appears in 1 contract