Rights of Shareholders. The ownership of the Trust Property of every description and the right to conduct any business of the Trust are vested exclusively in the Trustees, and the Shareholders shall have no interest therein other than the beneficial interest conferred by their Shares, and they shall have no right to call for any partition or division of any property, profits, rights or interests of the Trust or of any Class or Series nor can they be called upon to share or assume any losses of the Trust or of any Class or Series or suffer an assessment of any kind by virtue of their ownership of Shares. The Shares shall be personal property giving only the rights specifically set forth in this Declaration. The Shares shall not entitle the holder to preference, preemptive, appraisal, conversion or exchange rights, except as the Trustees may specifically determine with respect to any Class or Series. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms of this Declaration and the Bylaws and to have become a party hereto and thereto. The death of a Shareholder during the continuance of the Trust shall not operate to terminate the same nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but only to the rights of said decedent under this Trust.
Appears in 78 contracts
Samples: Agreement and Declaration (John Hancock Floating Rate High Income Fund), Agreement and Declaration of Trust (Eaton Vance Floating-Rate Income Plus Fund), Eaton Vance (Eaton Vance Municipal Income Term Trust)
Rights of Shareholders. The ownership of the Trust Property of every description and the right to conduct any business of the Trust hereinbefore described are vested exclusively in the Trustees, and the Shareholders shall have no interest therein other than the beneficial interest conferred by their Shares, and they shall have no right to call for any partition or division of any property, profits, rights or interests of the Trust or of any Class or Series nor can they be called upon to share or assume any losses of the Trust or of any Class or Series or suffer an assessment of any kind by virtue of their ownership of Shares. The Shares shall be personal property giving only the rights specifically set forth in this Declaration. For the avoidance of doubt, Shareholders shall have no rights, privileges, claims or remedies under any contract or agreement entered into by the Trust or any Series thereof with any service provider or other agent to or contractor with the Trust or a Series thereof, including, without limitation, any third party beneficiary rights. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. The Shares shall not entitle the holder to preference, preemptive, appraisal, conversion or exchange rights, except as the Trustees may specifically determine with respect to any Series or Class or Series. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms of this Declaration and the Bylaws and to have become a party hereto and thereto. The death of a Shareholder during the continuance of the Trust shall not operate to terminate the same nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but only to the rights of said decedent under this TrustShares.
Appears in 18 contracts
Samples: Agreement and Declaration of Trust (John Hancock Preferred Income Fund), Agreement and Declaration of Trust (John Hancock Funds II), Agreement and Declaration of Trust (John Hancock Preferred Income Fund Ii)
Rights of Shareholders. Shares shall be deemed to be personal property giving only the rights provided in this Declaration. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become a party hereto. The ownership of the Trust Property of every description and the right to conduct any business of the Trust hereinbefore described are vested exclusively in the Trustees, and the Shareholders shall have no interest therein other than the beneficial interest conferred by their Shares, and they shall have no right to call for any partition or division of any property, profits, rights or interests of the Trust or of any Class or Series nor can they be called upon to share or assume any losses of the Trust or of any Class or Series or suffer an assessment of any kind by virtue of their ownership of Shares. The Shares death of a Shareholder during the continuance of the Trust shall be personal property giving not operate to terminate the Trust nor to entitle the legal representative of such Shareholder to an accounting or to take any action in any court or otherwise against other Shareholders or the Trustees or the Trust Property, but only to the rights specifically set forth in this Declarationof such Shareholder hereunder. The Shares shall not entitle the holder to preference, preemptive, appraisal, conversion or exchange rights, except as the Trustees may specifically determine otherwise approve, including pursuant to Section 6.2. To the fullest extent permitted by applicable law, ownership of Shares shall not make any Shareholder a third-party beneficiary of any contract entered into by, or with respect to any Class or Series. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to to, the terms of this Declaration and the Bylaws and to have become a party hereto and thereto. The death of a Shareholder during the continuance of the Trust shall not operate to terminate the same nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but only to the rights of said decedent under this Trust.
Appears in 7 contracts
Samples: Agreement and Declaration (Franklin Lexington Private Markets Fund), Agreement and Declaration (Hamilton Lane Private Infrastructure Fund), Agreement and Declaration (Hamilton Lane Private Infrastructure Fund)
Rights of Shareholders. The ownership of the Trust Company Property of every description and the right to conduct any business of the Trust are activities hereinbefore described shall be vested exclusively in the TrusteesCompany, and the Shareholders shall have no interest therein other than the beneficial interest conferred by their Shares, and they shall have no right to call for any partition or division of of, or any accounting with respect to, any property, profits, rights or interests of the Trust Company or of any Class Series. No Shareholder shall have any interests in or rights with respect to any Series nor can they be called upon to share or assume any losses of the Trust or of any Class or Series or suffer an assessment of any kind by virtue of their ownership of in which it does not hold Shares. The Shares shall be personal property giving only the rights specifically set forth in this DeclarationAgreement. The Shareholders shall have no right to demand payment for their Shares shall not entitle or any other rights of dissenting shareholders in the holder event the Company participates in any transaction which would give rise to preferenceappraisal or dissenter's rights by a shareholder of a corporation organized under the General Corporation Law of the State of Delaware or otherwise. All Persons, preemptive, appraisal, conversion or exchange rights, except as the Trustees may specifically determine with respect to any Class or Series. Every Shareholder by virtue of having become acquiring Shares in the Company and being registered as a Shareholder in accordance with Section 2.05 of this Article II, shall be held deemed to have expressly assented and agreed to, and shall be bound by, this Agreement, whether or not the Person executed a counterpart signature page to the terms of this Declaration and the Bylaws and to have become a party hereto and theretoAgreement. The death death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the continuance existence of the Trust Company shall not operate to terminate the same Company, nor entitle the representative of any deceased such Shareholder to an accounting or to take any action in court or elsewhere against the Trust Company or the TrusteesDirectors, but entitles such representative only to the rights of said decedent under this Trustsuch Shareholder.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Fidelity Central Investment Portfolios LLC), Limited Liability Company Agreement (Fidelity Central Investment Portfolios II LLC), Limited Liability Company Agreement (Fidelity Central Investment Portfolios LLC)
Rights of Shareholders. The Shares shall be personal property given only the rights in this Declaration specifically set forth. The ownership of the Trust Property of every description and the right to conduct any business of the Trust herein before described are vested exclusively in the Trustees, and the Shareholders shall have no interest therein other than the beneficial interest conferred by their Shares, and they shall have no right to call for any partition or division of any property, profits, rights or interests of the Trust or of any Class or Series nor can they be called upon to share or assume any losses of the Trust or of any Class or Series or suffer an assessment of any kind by virtue of their ownership of Shares. The Shares shall be personal property giving only the rights specifically set forth in this Declaration. The Shares shall not entitle the holder to preference, preemptive, appraisal, conversion or exchange rights, rights (except as specified in this Section 6.3, in Section 11.4 or as specified by the Trustees may specifically determine with respect to any Class or Serieswhen creating the Shares, as in preferred shares). Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms of this Declaration and the Bylaws By-laws and to have become a party hereto and thereto. The death of a Shareholder during the continuance of the Trust shall not operate to terminate the same nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but only to the rights of said decedent under this Trust.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (SharesPost 100 Fund), Agreement and Declaration of Trust (Ivy High Income Opportunities Fund)
Rights of Shareholders. The ownership of the Trust Property of every description and the right to conduct any business of the Trust are vested exclusively in the Trustees, and the Shareholders shall have no interest therein other than the beneficial interest conferred by their Shares, and they shall have no right to call for any partition or division of any property, profits, rights or interests of the Trust or of any Class or Series Series, nor can they be called upon to share or assume any losses of the Trust or of any Class or Series or suffer an assessment of any kind by virtue of their ownership of Shares. The Shares shall be personal property giving only the rights specifically set forth in this Declaration. The Shares shall not entitle the holder to preference, preemptive, appraisal, conversion or exchange rights, except as the Trustees may specifically determine with respect to any Class or Series. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms of this Declaration and the Bylaws and to have become a party hereto and thereto. The death of a Shareholder during the continuance of the Trust shall not operate to terminate the same nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but only to the rights of said decedent under this Trust.
Appears in 1 contract
Samples: Highland Capital Fixed Income Fund