Common use of Shares; Funds; Series of Shares Clause in Contracts

Shares; Funds; Series of Shares. The beneficial interest in the Trust shall be divided into Shares having a nominal or par value of one mill ($.001) per Share, of which an unlimited number may be issued. The Trustees shall have the power and authority (without any requirement of Shareholder approval) from time to time to establish and designate one or more separate, distinct and independent Funds, in addition to the Xxxxx China-U.S. Growth Fund established and designated by Section 6.2. hereof, into which the assets of the Trust shall be divided, to authorize a separate Series of Shares for each such additional Fund (each of which Series, including without limitation the Xxxxx China-U.S. Growth Fund Series authorized in Section 6.2. hereof, shall represent beneficial Interests only in the Fund with respect to which such Series was authorized), and to fix and determine as to the Shares of each such Series the rights of the holders as to redemption and the price, terms and manner of redemption, rights as to dividends and other distributions and on liquidation, sinking or purchase fund provisions, conversion rights, and conditions under which the Shareholders of such Series shall have separate voting rights or no voting rights. Each such Fund shall be a separate component of the assets of the Trust, and the holders of Shares of the Series representing the beneficial interests in that Fund shall be considered Shareholders of such Fund, but shall also be considered Shareholders of the Trust for purposes of receiving reports and notices and, except as otherwise provided herein or in the Certificate of Designation of a particular Fund as to such Fund, or as required by the 1940 Act or other applicable law, the right to vote, all without distinction by Series. Except as otherwise provided as to a particular Fund herein, or in the Certificate of Designation (as defined in subsection (c) of this Section 6.1.) therefor, the Trustees shall have all the rights and powers, and be subject to all the duties and obligations, with respect to each such Fund and the assets and affairs thereof as they have under this Declaration with respect to the Trust and the Trust Property in general.

Shares; Funds; Series of Shares. The beneficial interest in the Trust shall be divided into Shares having a nominal or par value of one mill ($.001) per Share, of which an unlimited number may be issued. The Trustees shall have the power and authority (without any requirement of Shareholder approval) from time to time to establish and designate one or more separate, distinct and independent Funds, in addition to the Xxxxx China-U.S. Growth Fund established and designated by Section 6.2. hereof, Funds into which the assets of the Trust shall be divided, to authorize a separate Series of Shares for each such additional Fund (each of which Series, including without limitation the Xxxxx China-U.S. Growth Fund Series authorized in Section 6.2. hereof, shall represent beneficial Interests only in the Fund with respect to which such Series was authorized), and to fix and determine as to the Shares of each such Series the rights of the holders as to redemption and the price, terms and manner of redemption, rights as to dividends and other distributions and on liquidation, sinking or purchase fund provisions, conversion rights, and conditions under which the Shareholders of such Series shall have separate voting rights or no voting rights. Each such Fund shall be a separate component of the assets of the Trust, and the holders of Shares of the Series representing the beneficial interests in that Fund shall be considered Shareholders of such Fund, but shall also be considered Shareholders of the Trust for purposes of receiving reports and notices and, except as otherwise provided herein or in the Certificate of Designation of a particular Fund as to such Fund, or as required by the 1940 Act or other applicable law, the right to vote, all without distinction by Series. Except as otherwise provided as to a particular Fund herein, or in the Certificate of Designation (as defined in subsection (c) of this Section 6.1.) therefor, the Trustees shall have all the rights and powers, and be subject to all the duties and obligations, with respect to each such Fund and the assets and affairs thereof as they have under this Declaration with respect to the Trust and the Trust Property in general.

Shares; Funds; Series of Shares. The beneficial interest in the Trust shall be divided into Shares having a nominal or par value of one mill ($.001) per Share, of which an unlimited number may be issued. The Trustees shall have the power and authority (without any requirement of Shareholder approval) from time to time to establish and designate one or more separate, distinct and independent Funds, in addition to the Xxxxx China-U.S. Global China Growth Fund established and designated by Section 6.2. SECTION 6.2 hereof, into which the assets of the Trust shall be divided, to authorize a separate Series of Shares for each such additional Fund (each of which Series, including without limitation the Xxxxx China-U.S. Global China Growth Fund Series authorized in Section 6.2. SECTION 6.2 hereof, shall represent beneficial Interests interests only in the Fund with respect to which such Series was authorized), and to fix and determine as to the Shares of each such Series the rights of the holders as to redemption and the price, terms and manner of redemption, rights as to dividends and other distributions and on liquidation, sinking or purchase fund provisions, conversion rights, and conditions under which the Shareholders of such Series shall have separate voting rights or no voting rights. Each such Fund shall be a separate component of the assets of the Trust, and the holders of Shares of the Series representing the beneficial interests in that Fund shall be considered Shareholders of such Fund, but shall also be considered Shareholders of the Trust for purposes of receiving reports and notices and, except as otherwise provided herein or in the Certificate of Designation of a particular Fund as to such Fund, or as required by the 1940 Act or other applicable law, the right to vote, all without distinction by Series. Except as otherwise provided as to a particular Fund herein, or in the Certificate of Designation (as defined in subsection SUBSECTION (cC) of this Section SECTION 6.1.) therefor, the Trustees shall have all the rights and powers, and be subject to all the duties and obligations, with respect to each such Fund and the assets and affairs thereof as they have under this Declaration with respect to the Trust and the Trust Property in general.