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 to a meeting of the Trustees, and such resignation shall be effective upon receipt, 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 4.1) for any reason, with or without cause, by action taken by a majority of the remaining Trustees. Upon the resignation or removal of a Trustee, or 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 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 22 contracts
Samples: The Agreement (Federated Hermes Adviser Series), The Agreement (Federated Hermes Adviser Series), The Agreement (Federated Hermes Adviser Series)
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 any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the provided in such instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by a majority of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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 10 contracts
Samples: Agreement and Declaration of Trust (Gabelli Natural Resources, Gold & Income Trust), Agreement and Declaration of Trust (Gabelli Global Gold, Natural Resources & Income Trust), Agreement and Declaration of Trust (Gabelli Global Gold, Natural Resources & 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 any officer of the Trust Trustees or to a meeting of the TrusteesChairman, if any, the President or the Secretary and such resignation shall be effective upon receiptsuch delivery, 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 4.12.1 hereof) for any reasoncause only, with or and not without cause, and only by action taken by a majority of the remaining TrusteesTrustees (or in the case of the removal of a Trustee that is not an “interested person” as defined in the 1940 Act a majority of the remaining Trustees that are not “interested persons” as defined in the 0000 Xxx) and by the holders of at least 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 his or her otherwise ceasing to be a Trustee, he or she 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 the 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. 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 8 contracts
Samples: Agreement and Declaration of Trust (Investcorp US Institutional Private Credit Fund), Agreement and Declaration, Agreement and Declaration of Trust (Blackstone Secured Lending 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 any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by two-thirds of the remaining Trustees, specifying the date when such removal shall become effective. Any “Cause” for these purposes shall require willful misfeasance, bad faith, gross negligence or reckless disregard of the Trustees duties involved in the conduct of such Trustee. Any Trustee may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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 7 contracts
Samples: Agreement and Declaration of Trust (Principal Real Estate Income Fund), Agreement and Declaration of Trust (Reaves Global Utility & Energy Income Fund), Agreement and Declaration (Principal Real Estate Income Fund)
Resignation and Removal. Any of the Trustees Trustee may resign their his trust (without need for prior or subsequent accounting) retire as a Trustee, by an a written instrument in writing signed by such Trustee him and delivered to the other Trustees or to any officer of the Trust or to a meeting of the TrusteesTrust, and such resignation or retirement shall be effective take effect upon receipt, such delivery or at a upon such later date according to as is specified in such instrument. At any meeting called for the terms purpose, a Trustee elected solely by the holders 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 Preferred Shares may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 4.1) for any reasonfrom his office during his term, with or without cause, but only by action taken by of the holders of at least a majority of the remaining Trusteesoutstanding Preferred Shares, voting separately as a Class, and any other Trustee may be removed from his office during his term, but only for cause and only by action of the holders of at least 75% of the Outstanding Shares entitled to vote thereon; provided, however, that if termination of a Trustee (other than a Trustee elected solely by the holders of the Preferred Shares) is recommended by three quarters of the total number of Trustees then in office, the voting of the holders of a majority of the Outstanding Shares shall be sufficient to remove such Trustee. Upon the resignation or removal of a Trustee, or 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 or property of any Series or Class of the Trust Property held in the name of 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 7 contracts
Samples: Agreement and Declaration of Trust (John Hancock Preferred Income Fund), Agreement and Declaration of Trust (John Hancock Tax-Advantaged Dividend Income Fund), Agreement and Declaration (John Hancock Preferred 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 any officer of the Trust or to a meeting of the Trustees, the Principal Executive Officer or the Secretary and such resignation shall be effective upon receiptsuch 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) with or without cause, and only by action taken either (a) by two-thirds of the remaining Trustees, or (b) the vote or written consent of the holders of at least two-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 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. 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)removal, 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 4.1) for any reason, with or without cause, by action taken by a majority of the remaining Trustees. Upon the resignation or removal of a Trustee, or 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 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 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 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 any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by two-thirds of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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 (Gabelli Blue Chip Value Fund), Agreement and Declaration of Trust (Gamco Mathers Fund), Agreement and Declaration of Trust (Gabelli Blue Chip Value 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 any officer of the Trust Trustees or to a meeting of the TrusteesChairman, if any, the President or the Secretary and such resignation shall be effective upon receiptsuch delivery, 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)removal, 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 Trustee may be removed from office for “Cause” (provided as hereinafter defined) by action of at least seventy-five percent (75%) of the aggregate number outstanding Shares of Trustees after the Classes or Series of Shares entitled to vote for the election of such removal shall not be less than the minimum number required by Section 4.1) for any reasonTrustee, or with or without causeCause (as hereinafter defined) by written instrument, signed by action taken by a majority at least seventy-five percent (75%) of the remaining Trustees, specifying the date when such removal shall become effective. “Cause” for these purposes shall require willful misconduct, dishonesty or fraud on the part of the Trustee in the conduct of his or her office or such Trustee being convicted of a felony. Upon the resignation or removal of a Trustee, each such resigning or his or her otherwise ceasing to be a Trustee, he or she 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 the 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 6 contracts
Samples: Healthcare Fund Agreement (Highland Premium Long/Short Healthcare Fund), Fund Agreement (Highland Premium Dividend Fund), Equity Fund Agreement (Highland Premium Long/Short Equity 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 any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, 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 Any 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 4.1) 2.1 hereof), for any reason, with or without cause, by action taken at any time by a majority written instrument, signed or adopted by two-thirds of the remaining Trustees, or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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 6 contracts
Samples: Agreement and Declaration of Trust (Global Real Estate Investments Fund), Agreement and Declaration of Trust (Global Real Estate Investments Fund), Agreement (Alpine Global Dynamic Dividend 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 any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by two-thirds of the remaining Trustees, specifying the date when such removal shall become effective. Any "Cause" for these purposes shall require willful misfeasance, bad faith, gross negligence or reckless disregard of the Trustees duties involved in the conduct of such Trustee. Any Trustee may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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 5 contracts
Samples: Stone Harbor Credit Recovery Income Fund, Clough Global Equity Fund, Clough Global Opportunities 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 any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the provided in such instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by a majority of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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.. 2.4
Appears in 4 contracts
Samples: Agreement and Declaration (GDL Fund), Agreement and Declaration of Trust (Gabelli Global Utility & Income Trust), Agreement and Declaration of Trust (Gabelli Dividend & 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 any officer of the Trust Trustees or to a meeting of the TrusteesChairman, if any, the President or the Secretary and such resignation shall be effective upon receiptsuch delivery, 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 4.12.1 hereof) for any reasoncause only, with or and not without cause, and only by action taken by a majority of the remaining TrusteesTrustees (or in the case of the removal of a Trustee that is not an “interested person” as defined in the 1940 Act, a majority of the remaining Trustees that are not “interested persons” as defined in the 1940 Act) and by the holders of at least 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 his or her otherwise ceasing to be a Trustee, he or she 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 the 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. 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: Franklin BSP Real Estate Debt BDC (Franklin BSP Real Estate Debt BDC), Agreement and Declaration (Middle Market Apollo Institutional Private Lending), Real Estate Credit BDC (Franklin BSP Real Estate Credit BDC)
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 any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the provided in such instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by a majority of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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 3 contracts
Samples: Agreement and Declaration of Trust (Gabelli Global Small & Mid Cap Value Trust), Agreement and Declaration of Trust (Gabelli Global Utility & Income Trust), Agreement and Declaration of Trust (Gabelli Dividend & Income Trust)
Resignation and Removal. Any of the Trustees Trustee may resign their trust his Trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee him and delivered or mailed to any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the provided in such instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by a majority of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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 3 contracts
Samples: Agreement and Declaration of Trust (Gabelli Healthcare & WellnessRx Trust), Agreement and Declaration of Trust (Gabelli Healthcare & WellnessRx Trust), Agreement and Declaration of Trust (Gabelli Global Healthcare & WellnessRx 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 any officer of the Trust Trustees or to a meeting of the TrusteesChairperson, if any, the President or the Secretary and such resignation shall be effective upon receiptsuch delivery, 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 4.12.1 hereof) for any reasoncause only, with or and not without cause, by action taken by a majority of the remaining TrusteesTrustees (or in the case of the removal of a Trustee that is not an “interested person” as defined in the 1940 Act a majority of the remaining Trustees that are not “interested persons” as defined in the 1940 Act), or with or without cause by the holders of at least 50% of the Common Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or his or her otherwise ceasing to be a Trustee, he or she 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 the 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. 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 3 contracts
Samples: Agreement and Declaration of Trust (Kennedy Lewis Capital Co), Agreement and Declaration (Kennedy Lewis Capital Co), Kennedy Lewis Capital Co
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 to a meeting of the Trustees, and such resignation shall be effective upon receipt, 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 4.1) for any reason, with or without cause, by action taken by a majority of the remaining Trustees. Any Trustee may be removed only with cause at any meeting of Shareholders by a vote of the holders of two-thirds of the total Shares issued and outstanding. A meeting of Shareholders for the purpose of electing or removing one or more Trustees shall be called as provided in the By- Laws. Upon the resignation or removal of a Trustee, or 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 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 (Manulife Private Credit Fund), Agreement and Declaration of Trust (Manulife Private Credit Fund)
Resignation and Removal. Any of the Trustees Trustee may resign their trust his Fund (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee him and delivered or mailed to any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the provided in such instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by a majority of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she such persons shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust Fund or the remaining Trustees any Trust Fund Property held in the name of 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 2 contracts
Samples: Agreement and Declaration of Fund (Gabelli Global Deal Fund), Agreement and Declaration (Gabelli Global Deal Fund)
Resignation and Removal. (a) 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 any officer of the Trust Trustees or to a meeting of the TrusteesChairman, if any, the President or the Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the instrument. An instrument of resignation may provide that it is irrevocable. Except to the extent expressly as 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 positionSection 2.3(b), 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 4.12.1 hereof) for any reasoncause only, with or and not without cause, and only by action taken by a majority of the remaining TrusteesTrustees (or in the case of the removal of a Trustee that is not an “interested person” as defined in the 1940 Act, a majority of the remaining Trustees that are not “interested persons” as defined in the 1940 Act) and by the holders of at least 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 his or her otherwise ceasing to be a Trustee, he or she 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 the 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. Except to the extent expressly provided in a written agreement with the Trust, no Trustee resigning and no Trustee removed, including under Section 2.3(b), 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 2 contracts
Samples: Agreement and Declaration (Diameter Credit Co), Agreement and Declaration of Trust (Diameter Credit Co)
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 any officer of the Trust Trustees or to a meeting of the TrusteesChairman, if any, the President or the Secretary and such resignation shall be effective upon receiptsuch 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 2.01 hereof) by a majority of the remaining Trustees (or in the case of the removal of a Trustee that is not an Interested Person, by a majority of the remaining Trustees that are not Interested Persons) for cause only, and not without cause. 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. 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)removal, or any right to damages on account of such a 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 4.1) for any reason, with or without cause, by action taken by a majority of the remaining Trustees. Upon the resignation or removal of a Trustee, or 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 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 (AGTB Private BDC), Agreement and Declaration of Trust (AGTB Private BDC)
Resignation and Removal. Any of the Trustees Trustee may resign their trust his Trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee him and delivered or mailed to any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the provided in such instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by a majority of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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.. 2.4
Appears in 2 contracts
Samples: Gabelli Healthcare & WellnessRx Trust, Gabelli Healthcare & WellnessRx Trust
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 any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by two-thirds of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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. 2.4.
Appears in 2 contracts
Samples: Agreement and Declaration (Gabelli Utility Trust), Gabelli Utility 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 to any officer of the Trust Fund or to a meeting of the Trustees, and such resignation shall be effective upon receipt, or at a later date according to the terms of the instrument. Except to the extent expressly provided in a written agreement with the TrustFund, 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 4.1) for any reason, with or without cause, by action taken by a majority of the remaining Trustees. Upon the resignation or removal of a Trustee, or 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 Fund or the remaining Trustees any Trust Fund Property held in the name of 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 (Hedge Fund Guided Portfolio Solution), Agreement and Declaration of Trust (Hedge Fund Guided Portfolio Solution)
Resignation and Removal. Any of the Trustees Trustee may resign their his trust (without need for prior or subsequent accounting) retire as a Trustee by an a written instrument in writing signed by such Trustee him and delivered to the other Trustees or to any officer of the Trust or to a meeting of the TrusteesTrust, and such resignation or retirement shall be effective take effect upon receipt, such delivery or at a upon such later date according to as is specified in such instrument. At any meeting called for the terms purpose, a Trustee elected solely by the holders 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 Preferred Shares may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 4.1) for any reasonfrom his office during his term, with or without cause, but only by action taken by of the holders of at least a majority of the remaining Trusteesoutstanding Preferred Shares, voting separately as a Class, and any other Trustee may be removed from his office during his term, but only for cause and only by action of the holders of at least 75% of the Outstanding Shares entitled to vote thereon; provided, however, that if termination of a Trustee (other than a Trustee elected solely by the holders of the Preferred Shares) is recommended by three quarters of the total number of Trustees then in office, the voting of the holders of a majority of the Outstanding Shares shall be sufficient to remove such Trustee. Upon the resignation or removal of a Trustee, or 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 or property of any Series or Class of the Trust Property held in the name of 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 2 contracts
Samples: Agreement and Declaration (John Hancock Preferred Income Fund Iii), Agreement and Declaration (John Hancock Preferred Income Fund 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 to any officer of the Trust or to a meeting of the Trustees, and such resignation shall be effective upon receipt, 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 4.1) for any reason, with or without cause, by action taken by a majority of the remaining Trustees. Any Trustee may be removed only with cause at any meeting of Shareholders by a vote of the holders of two-thirds of the total Shares issued and outstanding. A meeting of Shareholders for the purpose of electing or removing one or more Trustees shall be called as provided in the By-Laws. Upon the resignation or removal of a Trustee, or 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 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 (John Hancock GA Senior Loan Trust), Agreement and Declaration of Trust (John Hancock GA Mortgage Trust)
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 any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by two-thirds of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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.. 2.4
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Gabelli Utility Fund), Gabelli Utility 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 any officer of the Trust Trustees or to a meeting of the TrusteesChair, if any, the President or the Secretary and such resignation shall be effective upon receiptsuch delivery, 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 4.14.1 of this Article IV) for any reasoncause only, with or and not without cause, and only by action taken by a majority of the remaining TrusteesTrustees 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 his or her otherwise ceasing to be a Trustee, he or she 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 the 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. 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: Agreement and Declaration of Trust (MainStay CBRE Global Infrastructure Megatrends Term Fund), Agreement and Declaration of Trust (MainStay CBRE Global Infrastructure Megatrends 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 any officer of the Trust or to a meeting of the Trustees, the Principal Executive Officer or the Secretary and such resignation shall be effective upon receiptsuch 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) with or without cause, and only by action taken either (a) by two-thirds of the remaining Trustees, or (b) the vote or written consent of the holders of at least two-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 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. 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)removal, 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 4.1) for any reason, with or without cause, by action taken by a majority of the remaining Trustees. Upon the resignation or removal of a Trustee, or 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 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 (Central Park Group Multi-Event 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 any officer of the Trust Chairman, if any, the President or to a meeting of the TrusteesSecretary, and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the provided in such instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by a majority of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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 Go Anywhere Trust)
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 any officer of the Trust Chairman, if any, the President or to a meeting of the TrusteesSecretary, and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the provided in such instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by a majority of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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 1 contract
Samples: Agreement and Declaration (Gabelli Go Anywhere Trust)
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 any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by two-thirds of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reasontime by a written instrument, with signed or without cause, by action taken adopted by a majority of the remaining TrusteesTrustees then in office or by vote of Shares having a majority of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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 1 contract
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 any officer the Chairman of the Trust Board, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, 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 by the affirmative vote of the Holders of two-thirds (2/3) of the Interests or (provided the aggregate number of Trustees Trustees, after such removal and after giving effect to any appointment made to fill the vacancy created by such removal, shall not be less than the minimum number required by Section 4.12.1 hereof) for any reason, with or without cause, by the action taken by a majority of seventy five percent (75%) of the remaining Trustees. Removal with cause includes, but is not limited to, the removal of a Trustee due to physical or mental incapacity. Upon the resignation or removal of a Trustee, or 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 Company or the remaining Trustees any Trust Company Property held in the name of 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. Notwithstanding anything to the contrary contained in this Agreement, this Section 2.3 may not be amended to reduce the percentage vote required to remove a Trustee, without the approval of at least seventy five percent (75%) of the Trustees.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Columbia Funds Master Investment Trust, LLC)
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 Fund or to a meeting of the Trustees, and such resignation shall be effective upon receipt, or at a later date according to the terms of the instrument. Except to the extent expressly provided in a written agreement with the TrustFund, 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 4.1) for any reason, with or without cause, by action taken by a majority of the remaining Trustees. Any Trustee may be removed only with cause at any meeting of Shareholders by a vote of the holders of two-thirds of the total Shares issued and outstanding. A meeting of Shareholders for the purpose of electing or removing one or more Trustees shall be called as provided in the By-Laws. Upon the resignation or removal of a Trustee, or 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 Fund or the remaining Trustees any Trust Fund Property held in the name of 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 (Thrivent Church Loan & 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 any officer of the Trust Trustees or to a meeting of the TrusteesChairman, if any, the President or the Secretary and such resignation shall be effective upon receiptsuch delivery, 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 4.12.01 hereof) for any reason, (i) by the holders of at least a majority of the Shares then entitled to vote in an election of such Trustee with or without cause, cause or (ii) by action taken by a majority of the remaining TrusteesTrustees (or in the case of the removal of a Trustee that is not an “interested person” as defined in the 1940 Act a majority of the remaining Trustees that are not “interested persons” as defined in the 1940 Act) for cause only, and not without cause. Upon the resignation or removal of a Trustee, each such resigning or his or her otherwise ceasing to be a Trustee, he or she 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 the 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. 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: Onex Direct Lending BDC (Onex Direct Lending BDC 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 any officer of the Trust Trustees or to a meeting of the TrusteesChairperson, if any, the President or the Secretary and such resignation shall be effective upon receiptsuch delivery, 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 4.12.1 hereof) for any reasoncause only, with or and not without cause, and only by action taken by a majority of the remaining TrusteesTrustees (or in the case of the removal of a Trustee that is not an “interested person” as defined in the 1940 Act a majority of the remaining Trustees that are not “interested persons” as defined in the 1000 Xxx) and by the holders of at least 66 2/3% 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 his or her otherwise ceasing to be a Trustee, he or she 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 the 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. 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 (Kennedy Lewis Capital Co)
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 any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the provided in such instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by a majority of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specify ing the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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 1 contract
Samples: Gabelli Dividend & Income Trust
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 any officer of the Trust or to a meeting of the Trustees, other then Trustees and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Article IV, Section 1 hereof) for cause at any time by written instrument, signed by two-thirds of the remaining Trustees specifying the date when such removal shall become effective. 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 Article IV, Section 4.11 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or re removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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 1 contract
Samples: Agreement and Declaration (Amivest NFB 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 any officer of the Trust Trustees or to a meeting of the TrusteesChairman, if any, the President or the Secretary and such resignation shall be effective upon receiptsuch 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 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 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 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. 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)removal, or any right to damages on account of such a 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 4.1) for any reason, with or without cause, by action taken by a majority of the remaining Trustees. Upon the resignation or removal of a Trustee, or 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 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 (MainStay MacKay DefinedTerm Municipal Opportunities 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 any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by two-thirds of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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 Utility 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 any officer of the Trust or to a meeting of the Trustees, and such resignation shall be effective upon receiptsuch 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) with or without cause, and only by action taken either (a) by two-thirds of the remaining Trustees, or (b) the vote or written consent of the holders of at least two-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 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. 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)removal, 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 4.1) for any reason, with or without cause, by action taken by a majority of the remaining Trustees. Upon the resignation or removal of a Trustee, or 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 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
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 any officer of the Trust Trustees or to a meeting of the TrusteesChairperson, if any, the President or the Secretary and such resignation shall be effective upon receiptsuch delivery, 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 4.12.1 hereof) for any reasoncause only, with or and not without cause, and only by action taken by a majority of the remaining TrusteesTrustees (or in the case of the removal of a Trustee that is not an “interested person” as defined in the 1940 Act a majority of the remaining Trustees that are not “interested persons” as defined in the 1940 Act) and by the holders of at least 66 2/3% of the Common Shares then entitled to vote in an election of such Trustee. Upon the resignation or removal of a Trustee, each such resigning or his or her otherwise ceasing to be a Trustee, he or she 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 the 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. 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 (Kennedy Lewis Capital Co)
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 any officer of the Trust Trustees or to a meeting of the TrusteesChairman, if any, the President or the Secretary and such resignation shall be effective upon receiptsuch delivery, 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 4.12.01 hereof) for any reason, (i) by the holders of at least a majority of the Shares then entitled to vote in an election of such Trustee with or without cause, cause or (ii) by action taken by a majority of the remaining TrusteesTrustees (or in the case of the removal of a Trustee that is not an “interested person” as defined in the 1940 Act a majority of the remaining Trustees that are not “interested persons” as defined in the 0000 Xxx) for cause only, and not without cause. Upon the resignation or removal of a Trustee, each such resigning or his or her otherwise ceasing to be a Trustee, he or she 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 the 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. 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 (Onex Falcon Direct Lending BDC 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 and delivered or mailed to any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, 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 by the affirmative vote of the Holders of two-thirds (2/3) of the Interests or (provided the aggregate number of Trustees Trustees, after such removal and after giving effect to any appointment made to fill the vacancy created by such removal, shall not be less than the minimum number required by Section 4.12.1 hereof) for any reason, with or without cause, by the action taken by a majority of two-thirds of the remaining Trustees. Removal with cause includes, but is not limited to, the removal of a Trustee due to physical or mental incapacity. Upon the resignation or removal of a Trustee, or his or her the Trustee's otherwise ceasing to be a Trustee, he or she the 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 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 the Trustee’s 's legal representative shall execute and deliver on such the Trustee’s 's behalf such documents as the remaining Trustees shall require as provided in the preceding sentence.
Appears in 1 contract
Samples: Core Trust /De
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 any officer of the Trust Trustees or to a meeting of the TrusteesChairman, if any, the President or the Secretary and such resignation shall be effective upon receiptsuch delivery, 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 4.12.1 hereof) for any reasoncause only, with or 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. Upon the resignation or removal of a Trustee, each such resigning or his or her otherwise ceasing to be a Trustee, he or she 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 the 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. 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: Agreement and Declaration of Trust (Little Harbor MultiStrategy Composite Fund)
Resignation and Removal. Any of the Trustees Trustee may resign their trust his Fund (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee him and delivered or mailed to any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the provided in such instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by a majority of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she such persons shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust Fund or the remaining Trustees any Trust Fund Property held in the name of 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
Resignation and Removal. Any of the Trustees Trustee may resign their its trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered or mailed to any officer of the Trust Chairman, if any, the President or to a meeting of the Trustees, Secretary and such resignation shall be effective upon receiptsuch delivery, or at a later date according to the terms of the instrument. Except to Any Trustee may be removed (provided 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 aggregate number of his or her resignation or Trustees after such 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 less than the number required by Section 2.1 hereof) for cause at any time by written instrument, signed by two-thirds of the remaining Trustees, specifying the date when such removal shall become effective. 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 4.12.1 hereof) for without cause at any reason, with or without cause, by action taken time by a majority written instrument, signed or adopted by two-thirds of the remaining TrusteesTrustees or by vote of Shares having not less than two-thirds of the aggregate number of Shares entitled to vote in the election of such Trustee, specifying the date when such removal shall become effective. Upon the resignation or removal of a Trustee, or his or her such persons otherwise ceasing to be a Trustee, he or she 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 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 1 contract
Resignation and Removal. Any of the Trustees Trustee may resign their trust (without need for prior or subsequent accounting) retire as a Trustee, by an a written instrument in writing signed by such Trustee him and delivered to the other Trustees or to any officer of the Trust or to a meeting of the TrusteesTrust, and such resignation or retirement shall be effective take effect upon receipt, such delivery or at a upon such later date according to as is specified in such instrument. At any meeting called for the terms purpose, a Trustee elected solely by the holders 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 Preferred Shares may be removed (provided the aggregate number of Trustees after such removal shall not be less than the minimum number required by Section 4.1) for any reasonfrom his office during his term, with or without cause, but only by action taken by of the holders of at least a majority of the remaining Trusteesoutstanding Preferred Shares, voting separately as a Class, and any other Trustee may be removed from his office during his term, but only for cause and only by action of the holders of at least 75% of the Outstanding Shares entitled to vote thereon; provided, however, that if termination of a Trustee (other than a Trustee elected solely by the holders of the Preferred Shares) is recommended by three quarters of the total number of Trustees then in office, the voting of the holders of a majority of the Outstanding Shares shall be sufficient to remove such Trustee. Upon the resignation or removal of a Trustee, or 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 or property of any Series or Class of the Trust held in the name of 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 1 contract
Samples: John Hancock Diversified 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 to any officer of the Trust Fund or to a meeting of the Trustees, and such resignation shall be effective upon receipt, or at a later date according to the terms of the instrument. Except to the extent expressly provided in a written agreement with the TrustFund, 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 4.1) for any reason, with or without cause, by action taken by a majority of the remaining Trustees. Upon the resignation or removal of a Trustee, or 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 Fund or the remaining Trustees any Trust Fund Property held in the name of 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.. Section 4.3
Appears in 1 contract