Common use of Status of Shares Clause in Contracts

Status of Shares. (a) The Shares shall be personal property giving only the rights in this Declaration specifically set forth. (b) Every Shareholder, by virtue of having become a Shareholder, shall be held to have expressly assented and agreed to be bound by the terms of this Declaration and the Bylaws. (c) The ownership of the Trust Property of every description is vested exclusively in the Trust, and the right to conduct any business herein before described is vested exclusively in the Trustees. Shareholders shall have no interest therein other than the beneficial interest conferred by their Shares. (d) Other than (1) distribution charges of any agent or any Person, including, without limitation, the custodian, transfer agent, shareholder servicing agent or similar agent, lawyer, accountant or broker, for which the Trustees shall have the power to cause each Shareholder to pay directly, in advance or arrears, a pro rata amount as defined from time to time by the Trustees and (2) as otherwise provided in this Declaration (including, without limitation, Article II, Section 12(h) regarding damages) and the Bylaws, no Shareholder shall be personally liable for the debts, liabilities, obligations and expenses incurred by, contracted for, or otherwise existing with respect to, the Trust or any Series or Class. (e) Shareholders shall have no right to call for any partition or division of any property, profits, rights or interests of the Trust or any Series. (f) The death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust or any Series shall not operate to terminate the Trust or any Series, not entitle the representative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust or any Series or the Trustees, but entitle such representative only to the rights of such Shareholder under this Declaration.

Appears in 7 contracts

Samples: Trust Agreement (Bexil Investment Trust), Agreement and Declaration of Trust (Dividend & Income Fund), Agreement and Declaration of Trust (Dividend & Income Fund)

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Status of Shares. (a) The Shares shall be personal property giving that shall give only the rights in this Declaration specifically set forth. (b) Every Shareholder, by virtue of having become a Shareholder, shall be held to have expressly assented and agreed to be bound by the terms of this Declaration and the Bylawshereof. (c) The ownership of the Trust Property of every description is vested exclusively in the Trust, and the right to conduct any business herein before described is are vested exclusively in the Trustees. Shareholders shall have no interest therein other than the beneficial interest conferred by their Shares. (d) Other than (1) distribution charges of any agent or any Person, including, without limitation, the custodian, transfer agent, shareholder servicing agent or similar agent, lawyer, accountant or broker, for which the Trustees shall have the power to cause each Shareholder to pay directly, in advance or arrears, a pro rata amount as defined from time to time by the Trustees and (2) as otherwise provided in this Declaration (including, without limitation, Article II, Section 12(h) regarding damages) and the BylawsTrustees, no Shareholder shall be personally liable for the debts, liabilities, obligations and expenses incurred by, contracted for, or otherwise existing with respect to, the Trust or any Series or Class. (e) Shareholders shall have no right to call for any partition or division of any property, profits, rights or interests of the Trust or any SeriesTrust. (f) The death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust or any Series shall not operate to terminate the Trust or any SeriesTrust, not entitle the representative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust or any Series or the Trustees, but entitle such representative only to the rights of such Shareholder under this Declaration.

Appears in 4 contracts

Samples: Amended and Restated Agreement and Declaration of Trust (DCA Total Return Fund), Agreement and Declaration of Trust (Dividend Capital Realty Income Allocation Fund), Agreement and Declaration of Trust (Dividend Capital Strategic Global Realty Fund)

Status of Shares. (a) The Shares shall be personal property giving only the rights in this Declaration specifically set forth. (b) Every Shareholder, by virtue of having become a Shareholder, shall be held to have expressly assented and agreed to be bound by the terms of this Declaration and the Bylaws. (c) The ownership of the Trust Property of every description is vested exclusively in the Trust, and the right to conduct any business herein before described is are vested exclusively in the Trustees. Shareholders shall have no interest therein other than the beneficial interest conferred by their Shares. (d) Other than (1) distribution charges of any agent or any Person, including, without limitation, the custodian, transfer agent, shareholder servicing agent or similar agent, lawyer, accountant or broker, for which the Trustees shall have the power to cause each Shareholder to pay directly, in advance or arrears, a pro rata amount as defined from time to time by the Trustees and (2) as otherwise provided in this Declaration (including, without limitation, Article II, Section 12(h) regarding damagesdamages and Article II, Section 12 regarding indemnification) and the Bylaws, no Shareholder shall be personally liable for the debts, liabilities, obligations and expenses incurred by, contracted for, or otherwise existing with respect to, the Trust or any Series or Class. (e) Shareholders shall have no right to call for any partition or division of any property, profits, rights or interests of the Trust or any Series. (f) The death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust or any Series shall not operate to terminate the Trust or any Series, not entitle the representative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust or any Series or the Trustees, but entitle such representative only to the rights of such Shareholder under this Declaration.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Dividend & Income Fund), Agreement and Declaration of Trust (Dividend & Income Fund)

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Status of Shares. (a) The Shares shall be personal property giving only the rights in this Declaration specifically set forth. (b) Every Shareholder, by virtue of having become a Shareholder, shall be held to have expressly assented and agreed to be bound by the terms of this Declaration and the Bylaws. (c) The ownership of the Trust Property of every description is vested exclusively in the Trust, and the right to conduct any business herein before described is are vested exclusively in the Trustees. Shareholders shall have no interest therein other than the beneficial interest conferred by their Shares. (d) Other than (1) distribution charges of any agent or any Person, including, without limitation, the custodian, transfer agent, shareholder servicing agent or similar agent, lawyer, accountant or broker, for which the Trustees shall have the power to cause each Shareholder to pay directly, in advance or arrears, a pro rata amount as defined from time to time by the Trustees and (2) as otherwise provided in this Declaration (including, without limitation, Article II, Section 12(h) regarding damages) and the Bylaws, no Shareholder shall be personally liable for the debts, liabilities, obligations and expenses incurred by, contracted for, or otherwise existing with respect to, the Trust or any Series or Class. (e) Shareholders shall have no right to call for any partition or division of any property, profits, rights or interests of the Trust or any Series. (f) The death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust or any Series shall not operate to terminate the Trust or any Series, not entitle the representative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust or any Series or the Trustees, but entitle such representative only to the rights of such Shareholder under this Declaration.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Dividend & Income Fund)

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