Common use of Resignation and Removal Clause in Contracts

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 100 contracts

Samples: Agreement and Declaration of Trust (BlackRock Credit Strategies Fund), Agreement and Declaration of Trust (Claymore Exchange-Traded Fund Trust 2), Agreement and Declaration of Trust (Claymore Exchange-Traded Fund Trust)

AutoNDA by SimpleDocs

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 36 contracts

Samples: Agreement and Declaration of Trust (Guggenheim Strategic Opportunities Fund), Agreement and Declaration of Trust (BlackRock Private Credit Fund), Agreement and Declaration of Trust (Guggenheim Strategic Opportunities Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered to any officer of the Trust or mailed to a meeting of the Trustees or the ChairmanTrustees, if any, the President or the Secretary and such resignation shall be effective upon such deliveryreceipt, or at a later date according to the terms of the instrument. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following the effective date of his or her resignation or removal (other than compensation received by a retiring Trustee as a Director Emeritus or similar position), or any right to damages on account of such removal. Unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof4.1) for cause onlyany reason, and not with or without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such TrusteeTrustees. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee his or her otherwise ceasing to be a Trustee, he or she shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such the resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 24 contracts

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

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) a majority of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following the effective date of his resignation or removal, or any right to damages on account of a removal.

Appears in 12 contracts

Samples: Agreement and Declaration of Trust (Blackstone Senior Floating Rate Term Fund), Agreement and Declaration of Trust (Blackstone Senior Floating Rate Term Fund), Agreement and Declaration of Trust (Blackstone / GSO Floating Rate Enhanced Income Fund)

Resignation and Removal. Any of the Trustees Trustee may resign their his trust (without the need for any prior or subsequent accounting) by an instrument in writing signed by such Trustee him and delivered or mailed to the other Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereofone) for cause only, and not without with cause, and only by the action taken by a majority of two-thirds of the remaining Trustees followed or by action of two-thirds of the outstanding Shares of the Trust (for purposes of determining the circumstances and procedures under which any such removal by the holders Shareholders may take place, the provisions of at least seventy-five percent (75%Section 16(c) of the Shares then entitled 1940 Act (or any successor provisions) shall be applicable to vote in an election the same extent as if the Trust were subject to the provisions of such Trusteethat Section). Upon the resignation or removal of a Trustee, each such resigning or removed Trustee his otherwise ceasing to be a Trustee, he shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such the resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's his legal representative shall execute and deliver on such Trustee's his behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 9 contracts

Samples: Agreement and Declaration of Trust (John Hancock Collateral Trust), Agreement and Declaration of Trust (John Hancock Funds III), Agreement and Declaration of Trust (John Hancock Collateral Trust)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President Chief Executive Officer or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 9 contracts

Samples: Agreement and Declaration of Trust (Guggenheim Taxable Municipal Bond & Investment Grade Debt Trust), Trust Agreement (Guggenheim Taxable Municipal Bond & Investment Grade Debt Trust), Agreement and Declaration of Trust (Guggenheim Credit Allocation Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, Chairman (if any), the President President, or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 9 contracts

Samples: Agreement and Declaration of Trust (AIP Alternative Lending Fund A), Trust Agreement (AIP Alternative Lending Fund P), Trust Agreement (AIP Alternative Lending Fund A)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President Chief Executive Officer or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the outstanding Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 7 contracts

Samples: Trust Agreement (Guggenheim Active Allocation Fund), Agreement and Declaration of Trust (Guggenheim Enhanced Equity Income Fund), Agreement and Declaration of Trust (Guggenheim Energy & Income Fund)

Resignation and Removal. Any of the Trustees may resign their trust from the Board of Trustees (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the ChairmanChair(s), if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only), and not with or without cause, and only (i) by action taken by a majority of the remaining Trustees followed or (ii) by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 7 contracts

Samples: Trust Agreement (BlackRock 2038 Municipal Target Term Trust), Amended and Restated Agreement and Declaration of Trust (BlackRock 2037 Municipal Target Term Trust), Agreement and Declaration of Trust (BlackRock Science & Technology Trust III)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if anyTrustees, the President Principal Executive Officer or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not with or without cause, and only by action taken either (a) by a majority two-thirds of the remaining Trustees followed by Trustees, or (b) the vote or written consent of the holders of at least seventytwo-five percent (75%) thirds of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following the effective date of his or her resignation or removal, or any right to damages on account of such removal.

Appears in 7 contracts

Samples: Agreement and Declaration of Trust (Paramount Institutional Access Fund), Agreement and Declaration of Trust (Paramount Access Fund), Agreement and Declaration of Trust (Paramount Institutional Access Fund)

Resignation and Removal. Any of the Trustees Trustee may resign their his trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee him and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees Trustee may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) ), for cause only, and not or without cause, and only by action taken at any time by a majority written instrument, signed or adopted by two-thirds of the remaining Trustees followed Trustees, or by the holders vote of at least seventyShares having not less than two-five percent (75%) thirds of the aggregate number of Shares then entitled to vote in an the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, each or such resigning or removed Trustee persons otherwise ceasing to be a Trustee, such persons shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such the resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (Alpine Global Dynamic Dividend Fund), Agreement and Declaration of Trust (Global Real Estate Investments Fund), Trust Agreement (Global Real Estate Investments Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees then in office followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such TrusteeTrustee or by a Delaware court of competent jurisdiction. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the death, bankruptcy, incompetence or other incapacity or death of any Trustee, such Trustee or such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 5 contracts

Samples: Agreement and Declaration of Trust (Cbre Global Real Estate Income Fund), Agreement and Declaration of Trust (Ing Clarion Global Real Estate Income Fund), Agreement and Declaration of Trust (Ing Clarion Global Real Estate Income Fund)

Resignation and Removal. Any of the Trustees may resign their trust trustee position (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, Chairman (if any, ) the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 5 contracts

Samples: Agreement and Declaration of Trust (Morgan Creek Global Equity Long/Short Institutional Fund), Trust Agreement (Morgan Creek Global Equity Long/Short Fund), Agreement and Declaration of Trust (Morgan Creek Global Equity Long/Short Institutional Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the ChairmanChairperson, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 5 contracts

Samples: Trust Agreement (Booster Income Opportunities Fund), Trust Agreement (Steadfast Structured Growth Fund), Agreement and Declaration of Trust (Connetic Venture Capital Access Fund)

Resignation and Removal. Any of the Trustees Trustee may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee him or her and delivered or mailed to the other Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, delivery or at a any later date according to the terms of the instrument. Any of the Trustees may be removed (provided by the aggregate action of two-thirds of the remaining Trustees; provided, that if the removal of one or more Trustees would have the effect of reducing the number of remaining Trustees after such removal shall not be less than below the minimum number required prescribed by Section 2.1 hereof, then subject to Section 16(a) for cause onlyof the 1940 Act, and not without causeat the time of the removal of such Trustee or Trustees, and only by action taken by a majority of the remaining Trustees followed by the holders shall elect or appoint a number of additional Trustees at least seventy-five percent (75%) sufficient to increase the number of Trustees holding office to the Shares then entitled to vote in an election of such Trusteeminimum number prescribed by Section 2.1 hereof. Upon the resignation or removal of a Trustee, each such resigning or removed his or her otherwise ceasing to be a Trustee shall due to death or legal disability, he or she shall, or in the case of death or legal disability, his or her legal representative shall, execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in his or her name. However, the name execution and delivery of such resigning documents by a former Trustee or removed Trustee. Upon the incapacity his or death of any Trustee, such Trustee's her legal representative shall execute and deliver on such Trustee's behalf such documents as not be requisite to the vesting of title to the Trust Property in the remaining Trustees shall require as provided in the preceding sentenceSection 3.3 hereof.

Appears in 4 contracts

Samples: Trust Agreement (Underlying Funds Trust), Trust Agreement (Underlying Funds Trust), Trust Agreement (Underlying Funds Trust)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof1 of this Article IV) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) a majority of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following the effective date of his resignation or removal, or any right to damages on account of a removal.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (NYLI MacKay DefinedTerm Muni Opportunities Fund), Agreement and Declaration of Trust (MainStay MacKay DefinedTerm Municipal Opportunities Fund), Trust Agreement (MainStay MacKay DefinedTerm Municipal Opportunities Fund)

Resignation and Removal. Any of the Trustees Trustee may resign their his trust (without the need for any prior or subsequent accounting) by an instrument in writing signed by such Trustee him and delivered or mailed to the other Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereofone) for cause only, and not with or without cause, and only by the action taken by a majority of two-thirds of the remaining Trustees followed or by action of two-thirds of the outstanding Shares of the Trust (for purposes of determining the circumstances and procedures under which any such removal by the holders Shareholders may take place, the provisions of at least seventy-five percent (75%Section 16(c) of the Shares then entitled 1940 Act (or any successor provisions) shall be applicable to vote in an election the same extent as if the Trust were subject to the provisions of such Trusteethat Section). Upon the resignation or removal of a Trustee, each such resigning or removed Trustee his otherwise ceasing to be a Trustee, he shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such the resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's his legal representative shall execute and deliver on such Trustee's his behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (John Hancock Exchange-Traded Fund Trust), Agreement and Declaration of Trust (John Hancock Exchange-Traded Fund Trust), Agreement and Declaration of Trust (John Hancock Exchange-Traded Fund Trust)

Resignation and Removal. Any of the Trustees may resign their his or her trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 4 contracts

Samples: Trust Agreement (Evolution U.S. Government Guaranteed Floating Rate Loan Fund a Series of Evolution Investment Trust), Agreement and Declaration of Trust (Highland Floating Rate Advantage Fund), Agreement and Declaration of Trust (Highland Capital Multi-Strategy Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, Chairman (if any), the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 4 contracts

Samples: Trust Agreement (J.P. Morgan Access Multi-Strategy Fund II), Agreement and Declaration of Trust (Legg Mason Permal Global Active Strategies Fund), Agreement and Declaration of Trust (Legg Mason Permal Global Active Strategies TEI Fund)

Resignation and Removal. Any of the Trustees may resign their ----------------------- trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (Blackrock California Municipal Income Trust), Agreement and Declaration of Trust (Blackrock New York Municipal Income Trust), Agreement and Declaration of Trust (Blackrock New Jersey Municipal Income Trust)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President Chief Executive Officer or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Continuing Trustees followed by the holders of at least seventy-five percent (75%) of the outstanding Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Guggenheim Active Allocation Fund), Agreement and Declaration of Trust (Guggenheim Active Allocation Fund), Agreement and Declaration of Trust (Guggenheim Active Allocation Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by consent of the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Advantage Advisers Multi - Sector Fund I), Agreement and Declaration of Trust (Advantage Advisers Multi - Sector Fund I), Agreement and Declaration of Trust (Advantage Advisers Multi - Sector Fund I)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) (i) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such TrusteeTrustee or (ii) or upon a vote by the holders of a majority of the then outstanding Shares of the Trust entitled to vote on the matter with or without cause, without concurrence by the Trustees. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (BlackRock Private Credit Fund), Agreement and Declaration of Trust (BlackRock Private Credit Fund), Agreement and Declaration of Trust (BlackRock Private Credit Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, Chairperson (if any), the President President, or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed (or, in the case of an Independent Trustee, only by the holders of at least seventy-five percent (75%) action taken by a majority of the Shares then entitled to vote in an election of such Trusteeremaining Independent Trustees). Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Calamos Aksia Private Equity & Alternatives Fund), Agreement and Declaration of Trust (Accordant ODCE Index Fund), Agreement and Declaration of Trust (Calamos Aksia Alternative Credit & Income Fund)

Resignation and Removal. Any of the Trustees Trustee may resign their his or her trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the ChairmanChairperson, if any, the President Chief Executive Officer or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the such written instrument. Any of the Trustees Trustee may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the outstanding Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Octagon XAI CLO Income Fund), Agreement and Declaration of Trust (XAI Octagon Credit Trust), Second Amended and Restated Agreement and Declaration of Trust (XAI Octagon Floating Rate Alternative Income Term Trust)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the ChairmanChair, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof4.1 of this Article IV) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following the effective date of such Trustee’s resignation or removal, or any right to damages on account of a removal.

Appears in 2 contracts

Samples: Trust Agreement (MainStay CBRE Global Infrastructure Megatrends Term Fund), Trust Agreement (MainStay CBRE Global Infrastructure Megatrends Fund)

Resignation and Removal. Any of the Trustees Trustee may resign their his trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee him and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees Trustee may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) ), for cause only, and not or without cause, and only by action taken at any time by a majority written instrument, signed or adopted by two-thirds of the remaining Trustees followed Trustees, or by the holders vote of at least seventyShares having not less than two-five percent (75%) thirds of the aggregate number of Shares then entitled to vote in an the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, each or such resigning or removed Trustee persons otherwise ceasing to be a Trustee, such persons shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such the resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Alpine Total Dynamic Dividend Fund), Trust Agreement (Alpine Rising Dynamic Dividend Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the other Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Salient Midstream & MLP Fund), Agreement and Declaration of Trust (Federated Enhanced Treasury Income Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such TrusteeTrustee or by a Delaware court of competent jurisdiction. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the death, bankruptcy, incompetence or other incapacity or death of any Trustee, such Trustee or such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Ing Clarion Real Estate Income Fund), Agreement and Declaration of Trust (Ing Clarion Global Real Estate Income Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, Chairman (if any, ) the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Morgan Stanley Global Long/Short Fund P), Trust Agreement (Morgan Stanley Global Long/Short Fund A)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for with or without cause only, and not without cause, and only by action taken written instrument signed by a majority two-thirds of the remaining Trustees followed specifying the date such removal shall become effective or by action taken by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Series Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 2 contracts

Samples: Second Amended and Restated Agreement and Declaration of Trust (Blackrock Allocation Target Shares), Agreement and Declaration of Trust (Blackrock Bond Allocation Target Shares)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for with or without cause only, and not without cause, and only by action taken written instrument signed by a majority two-thirds of the remaining Trustees followed specifying the date such removal shall become effective or by action taken by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Series Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 2 contracts

Samples: Trust Agreement (Blackrock Allocation Target Shares), Agreement and Declaration of Trust (Blackrock Bond Allocation Target Shares)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such TrusteeTrustee or by a Delaware court of competent jurisdiction. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the death, bankruptcy, incompetence or other incapacity or death of any Trustee, such Trustee or such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Grubb & Ellis AGA U.S. Realty Income Fund), Agreement and Declaration of Trust (Grubb & Ellis AGA Worldwide Realty Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five seventy‑five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Claymore Exchange-Traded Fund Trust 2), Agreement and Declaration of Trust (Claymore Exchange-Traded Fund Trust)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if 8 SCHEDULE B any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Blackrock Municipal 2020 Term Trust)

AutoNDA by SimpleDocs

Resignation and Removal. Any of the Trustees may resign their trust from the Board of Trustees (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the ChairmanChair(s), if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (BlackRock Health Sciences Trust II)

Resignation and Removal. Any of the Trustees may resign their trust from the Board of Trustees (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the ChairmanChair(s), if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only), and not with or without cause, and only (i) by action taken by a majority of the remaining Trustees followed or (ii) by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (BlackRock Capital Allocation Trust)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President Chief Executive Officer or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be retired in accordance with the terms of any retirement policy adopted by at least seventy-five percent (75%) of the Trustees and in effect from time to time. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the outstanding Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Center Coast MLP & Infrastructure Fund)

Resignation and Removal. Any of the Trustees Trustee may resign their his trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee him and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees Trustee may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for without cause only, and not without cause, and only by action taken at any time by a majority written instrument, signed or adopted by two-thirds of the remaining Trustees followed or by the holders vote of at least seventyShares having not less than two-five percent (75%) thirds of the aggregate number of Shares then entitled to vote in an the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, each or such resigning or removed Trustee persons otherwise ceasing to be a Trustee, such persons shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such the resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Gabelli Utilities Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, Chairman (if any), the President President, or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Pine Grove Alternative Institutional Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, Chair (if any), the President Chief Executive Officer or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed (or, in the case of an independent trustee (as such term is defined in the Delaware Statutory Trust Act), only by the holders of at least seventy-five percent (75%) action taken by a majority of the Shares then entitled to vote in an election of such Trusteeremaining independent trustees). Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Transaction Agreement (Vertical Capital Income Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the other Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) [THESE SEEM ONEROUS] for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Federated Covered Call Treasury Fund)

Resignation and Removal. Any of the Trustees may resign their his or her trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only (a) by action taken of at least 75 percent of the outstanding Shares, at a meeting called for the purpose of voting on such removal, or (b) by a majority at least 75 percent of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such TrusteeTrustees. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence. Notwithstanding the foregoing, if within three days after a Trustee has resigned or been removed, or been declared incapacitated or dead, and such person has not executed and delivered such documents as the remaining Trustees shall require as provided in the two preceding sentences, each of the remaining Trustees is appointed as such person’s or his or her legal representative’s agent and attorney-in-fact for the purpose of executing and delivering such documents.

Appears in 1 contract

Samples: Trust Agreement (Little Harbor MultiStrategy Composite Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in 4 writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Blackrock California Municipal 2018 Term Trust)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for with or without cause only, and not without cause, and only by action taken written instrument signed by a majority two-thirds of the remaining Trustees followed specifying the date such removal shall become effective or by action taken by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Partners Balanced Trust)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if anyTrustees, the President or the Secretary Secretary, if any, and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such TrusteeSeries C Preferred Stock. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Trust Agreement (URX Acquisition Trust)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such SCHEDULE B delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Blackrock Florida Municipal 2020 Term Trust)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.. …

Appears in 1 contract

Samples: Agreement and Declaration of Trust (BlackRock Global Opportunities Equity Trust)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares Units then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (NT Equity Long/Short Strategies Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the ChairmanChairperson, if any, the President Chief Executive Officer or the Secretary Secretary, if any, and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by (or in the holders of at least seventy-five percent (75%) case of the Shares then entitled to vote in removal of an election Independent Trustee, a majority of such Trusteethe remaining Independent Trustees). Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following the effective date of his resignation or removal, or any right to damages on account of a removal.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Overland Advantage)

Resignation and Removal. Any of the Trustees Trustee may resign their his trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee him and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees Trustee may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) ), for cause only, and not or without cause, and only at any time by action taken a written instrument, signed or adopted by a vote of a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, each or such resigning or removed Trustee persons otherwise ceasing to be a Trustee, such persons shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such the resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Trust Agreement (Cornerstone Progressive Return Fund)

Resignation and Removal. Any of the Trustees may resign their ----------------------- trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-seventy- five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's legal representative shall execute and deliver on such Trustee's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Blackrock Florida Municipal Income Trust)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the other Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided that the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (SharesPost 100 Fund)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the ChairmanChair(s), if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (BlackRock Science & Technology Trust II)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof1 of this Article IV) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) a majority of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's Trustee s legal representative shall execute and deliver on such Trustee's Trustee s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed shall have any right to any compensation for any period following the effective date of his resignation or removal, or any right to damages on account of a removal.

Appears in 1 contract

Samples: Amended and Restated Agreement and Declaration of Trust (MainStay MacKay DefinedTerm Municipal Opportunities Fund)

Resignation and Removal. Any of the Trustees Trustee may resign their trust (without need for ----------------------- prior or subsequent accounting) by an instrument in writing signed by such Trustee him or her and delivered or mailed to the Trustees or the Chairman, if any, the President or the Secretary of the Trust and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any . (a) Subject to the requirements of the 1940 Act, any of the Trustees may be removed with or without cause by (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereofi) for cause only, and not without cause, and only by action taken by a majority of the remaining then Trustees followed by at a duly constituted meeting or (ii) the holders affirmative vote of at least seventythe Holders of not less than two-five percent thirds (75%2/3) of the Shares then entitled to vote in an election of such Trustee. Units. (b) Upon the resignation or removal of a Trustee, each such resigning or removed Trustee his or her otherwise ceasing to be a Trustee, he or she shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such the resigning or removed Trustee. Upon the incapacity or death of any Trustee or upon removal or resignation due to any Trustee's incapacity to serve as Trustee, such Trustee's his or her legal representative shall execute and deliver on such Trustee's his or her behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Brinson Relationship Funds)

Resignation and Removal. Any of the Trustees may resign their trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to the other Trustees or the Chairman, if any, the President or the Secretary and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. Any of the Trustees may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 2.1 hereof) for cause only, and not without cause, and only by action taken by a majority of the remaining Trustees followed by the holders of at least seventy-five percent (75%) of the Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or removed Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust Property held in the name of such resigning or removed Trustee. Upon the incapacity or death of any Trustee, such Trustee's ’s legal representative shall execute and deliver on such Trustee's ’s behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Ivy High Income Opportunities Fund)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!