Common use of Termination of the Trust Clause in Contracts

Termination of the Trust. (a) This Trust shall have perpetual existence subject to the provisions of this Section 4. (b) The Trust or any Series or Class thereof may be dissolved and terminated by the affirmative vote of not less than three-quarters of the Trustees then in office by written notice to the Shareholders. (c) In connection with subsection (b) or to the extent appropriate in connection with a reorganization as provided in Article IX, Section 6, upon making reasonable provision for the payment of all known liabilities of all Series or any affected Series or Classes, by such assumption or otherwise, the Trustees shall distribute the remaining proceeds or assets (as the case may be) ratably among the Shareholders of all Series or any affected Series or Classes; however, the payment to any particular Class of such Series may be reduced by any fees, expenses or charges allocated to that Class. (d) Upon completion of the distribution of the remaining proceeds or assets pursuant to subsection (c) above, the Trust or affected Series or Classes shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties hereunder with respect thereto and the right, title and interest of all parties therein shall be canceled and discharged. Upon termination of the Trust, following completion of winding up of its business, the Trustees shall cause a certificate of cancellation of the Trust’s certificate of trust to be filed in accordance with the Delaware Act, which certificate of cancellation may be signed by any one Trustee.

Appears in 19 contracts

Samples: Agreement and Declaration of Trust (Calamos Global Dynamic Income Fund), Agreement and Declaration of Trust (Calamos Strategic Total Return Fund), Agreement and Declaration of Trust (Calamos Global Total Return Fund)

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Termination of the Trust. (a) This Trust shall have perpetual existence subject to the provisions of this Section 4. (b) The Trust or any Series or Class thereof may be dissolved and terminated by the affirmative vote of not less than three-quarters of the Trustees then in office by written notice to the Shareholders. (c) In connection with subsection (b) or to the extent appropriate in connection with a reorganization as provided in Article IX, Section 6, upon making reasonable provision for the payment of all known liabilities of the Trust or, as applicable, all Series or any affected Series or Classes, by such assumption or otherwise, the Trustees shall distribute the remaining proceeds or assets (as the case may be) ratably among the Shareholders of the Trust or, as applicable, all Series or any affected Series or Classes; however, the payment to any particular Class of such Series may be reduced by any fees, expenses or charges allocated to that Class. (d) Upon completion of the distribution of the remaining proceeds or assets pursuant to subsection (c) above, the Trust or affected Series or Classes shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties hereunder with respect thereto and the right, title and interest of all parties therein shall be canceled and discharged. Upon termination of the Trust, following completion of winding up of its business, the Trustees shall cause a certificate of cancellation of the Trust’s certificate of trust Certificate to be filed in accordance with the Delaware Act, which certificate of cancellation may be signed by any one Trustee.

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (Miller/Howard High Income Equity Fund), Agreement and Declaration of Trust (Cushing American Renaissance Fund), Agreement and Declaration of Trust (Cushing Renaissance Fund)

Termination of the Trust. (a) This Trust shall have perpetual existence subject to the provisions of this Section 4. (b) The Trust or any Series or Class thereof may be dissolved and terminated by the affirmative vote of not less than three-quarters of the Trustees then in office by written notice to the Shareholders. (c) In connection with subsection (b) or to the extent appropriate in connection with a reorganization as provided in Article IX, Section 6, upon making reasonable provision for the payment of all known liabilities of all Series or any affected Series or Classes, by such assumption or otherwise, the Trustees shall distribute the remaining proceeds or assets (as the case may be) ratably among the Shareholders of all Series or any affected Series or Classes; however, the payment to any particular Class of such Series may be reduced by any fees, expenses or charges allocated to that Class. (d) Upon completion of the distribution of the remaining proceeds or assets pursuant to subsection (c) above, the Trust or affected Series or Classes shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties hereunder with respect thereto and the right, title and interest of all parties therein shall be canceled and discharged. Upon termination of the Trust, following completion of winding up of its business, the Trustees shall cause a certificate of cancellation of the Trust’s 's certificate of trust to be filed in accordance with the Delaware Act, which certificate of cancellation may be signed by any one Trustee.

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (Calamos Global Diversified Income & Opportunities Fund), Agreement and Declaration of Trust (Calamos Convertible & High Income Fund), Trust Agreement (Magnetar Spectrum Fund)

Termination of the Trust. (a) This Trust shall have perpetual existence subject to the provisions of this Section 4. (b) The Trust or any Series or Class thereof may be dissolved and terminated by the affirmative vote of not less than three-quarters of the Trustees then in office by written notice to the ShareholdersShareholders and Preferred Holders. (c) In connection with subsection (b) or to the extent appropriate in connection with a reorganization as provided in Article IX, Section 6, upon making reasonable provision for the payment of all known liabilities of all Series or any affected Series or Classes, by such assumption or otherwise, the Trustees shall shall, subject to any liquidation preference in any Securities Designation, distribute the remaining proceeds or assets (as the case may be) ratably among the Shareholders of Shares of all Series or any affected Series or Classes; however, the payment to any particular Class of such Series may be reduced by any fees, expenses or charges allocated to that Class. (d) Upon completion of the distribution of the remaining proceeds or assets pursuant to subsection (c) above, the Trust or affected Series or Classes shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties hereunder with respect thereto and the right, title and interest of all parties therein shall be canceled and discharged. Upon termination of the Trust, following completion of winding up of its business, the Trustees shall cause a certificate of cancellation of the Trust’s certificate of trust to be filed in accordance with the Delaware Act, which certificate of cancellation may be signed by any one Trustee.

Appears in 5 contracts

Samples: Agreement and Declaration of Trust (Calamos Global Total Return Fund), Agreement and Declaration of Trust (Calamos Strategic Total Return Fund), Agreement and Declaration of Trust (Calamos Global Dynamic Income Fund)

Termination of the Trust. (a) This Trust shall have perpetual existence subject to the provisions of this Section 4. (b) The Trust or any Series or Class thereof may be dissolved and terminated by the affirmative vote of not less than three-quarters of the Trustees then in office by written notice to the Shareholdersoffice. (cb) In connection with the dissolution of the Trust or any Class thereof under subsection (ba) of this Section 9.3 or to the extent appropriate in connection with a reorganization as provided in Article IX, Section 69.4, upon making reasonable provision for the payment of all known liabilities of all Series the Trust or any affected Series or Classes, by such assumption or otherwiseotherwise in accordance with the Delaware Act, the Trustees shall distribute the remaining proceeds or assets (as the case may be) ratably among the Shareholders of all Series the Trust or any affected Series or Classes; however, the payment to any particular Class of such Series may be reduced by any fees, expenses or charges allocated to that Class. (dc) Upon completion of the distribution of the remaining proceeds or assets pursuant to subsection (cb) aboveof this Section 3, the Trust or affected Series or Classes shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties hereunder with respect thereto to the Trust or affected Classes and the right, title and interest of all parties therein shall be canceled and discharged. Upon termination of the Trust, following Following completion of winding up of its businessthe business of the Trust as provided herein, the Trustees shall cause a certificate of cancellation of the Trust’s certificate of trust Certificate to be filed in accordance with the Delaware Act, which certificate of cancellation may be signed by any one Trustee, and the Trust shall thereupon terminate.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (FNEX Ventures), Trust Agreement (PRISM Multi Strategy Fund)

Termination of the Trust. (a) This Trust shall have perpetual existence subject to the provisions of this Section 4. (b) The Trust or any Series or Class thereof may be dissolved and terminated by the affirmative vote of not less than three-quarters of the Continuing Trustees then in office by written notice to the ShareholdersShareholders and Preferred Holders. (c) In connection with subsection (b) or to the extent appropriate in connection with a reorganization as provided in Article IX, Section 6, upon making reasonable provision for the payment of all known liabilities of all Series or any affected Series or Classes, by such assumption or otherwise, the Trustees shall shall, subject to any liquidation preference in any Securities Designation, distribute the remaining proceeds or assets (as the case may be) ratably among the Shareholders of Shares of all Series or any affected Series or Classes; however, the payment to any particular Class of such Series may be reduced by any fees, expenses or charges allocated to that Class. (d) Upon completion of the distribution of the remaining proceeds or assets pursuant to subsection (c) above, the Trust or affected Series or Classes shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties hereunder with respect thereto and the right, title and interest of all parties therein shall be canceled and discharged. Upon termination of the Trust, following completion of winding up of its business, the Trustees shall cause a certificate of cancellation of the Trust’s certificate of trust to be filed in accordance with the Delaware Act, which certificate of cancellation may be signed by any one Trustee.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Calamos Global Convertible & Dynamic Income Trust)

Termination of the Trust. (a) This Trust shall have perpetual existence subject to the provisions of this Section 43. (b) The Trust or any Series or Class thereof may be dissolved and terminated by the affirmative vote of not less than three-quarters of the Trustees then in office by written notice to the Shareholdersoffice. (c) In connection with subsection (b) or to the extent appropriate in connection with a reorganization as provided in Article IX, Section 65, upon making reasonable provision for the payment of all known liabilities of the Trust or, as applicable, all Series or any affected Series or Classes, by such assumption or otherwiseotherwise in accordance with the Delaware Act, the Trustees shall distribute the remaining proceeds or assets (as the case may be) ratably among the Shareholders of the Trust or, as applicable, all Series or any affected Series or Classes; however, the payment to any particular Class of such Series may be reduced by any fees, expenses or charges allocated to that Class. (d) Upon completion of the distribution of the remaining proceeds or assets pursuant to subsection (c) above, the Trust or affected Series or Classes shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties hereunder with respect thereto and the right, title and interest of all parties therein shall be canceled and discharged. Upon termination of the Trust, following completion of winding up of its business, the Trustees shall cause a certificate of cancellation of the Trust’s certificate of trust Certificate to be filed in accordance with the Delaware Act, which certificate of cancellation may be signed by any one Trustee.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Miller/Howard High Income Equity Fund)

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Termination of the Trust. (a) This Trust shall have perpetual existence subject to the provisions of this Section 4. (b) The Trust or any Series or Class thereof may be dissolved and terminated by the affirmative vote of not less than three-quarters of the Trustees then in office by written notice to the Shareholdersoffice. (cb) In connection with the dissolution of the Trust or any Series or Class thereof under subsection (ba) of this Section 3 or to the extent appropriate in connection with a reorganization as provided in Article IX, Section 65, upon making reasonable provision for the payment of all known liabilities of the Trust or, as applicable, all Series or any affected Series or Classes, by such assumption or otherwiseotherwise in accordance with the Delaware Act, the Trustees shall distribute the remaining proceeds or assets (as the case may be) ratably among the Shareholders of the Trust or, as applicable, all Series or any affected Series or Classes; however, the payment to any particular Class of such Series may be reduced by any fees, expenses or charges allocated to that Class. (dc) Upon completion of the distribution of the remaining proceeds or assets pursuant to subsection (cb) aboveof this Section 3, the Trust or affected Series or Classes shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties hereunder with respect thereto to the Trust or affected Series or Classes and the right, title and interest of all parties therein shall be canceled and discharged. Upon termination of the Trust, following Following completion of winding up of its businessthe business of the Trust as provided herein, the Trustees shall cause a certificate of cancellation of the Trust’s certificate of trust Certificate to be filed in accordance with the Delaware Act, which certificate of cancellation may be signed by any one Trustee, and the Trust shall thereupon terminate.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Crow Point Global Dividend Plus Fund)

Termination of the Trust. (a) This Trust shall have perpetual existence subject to the provisions of this Section 4Section. (b) The Trust or any Series or Class thereof may be dissolved and terminated by the affirmative vote of not less than three-quarters of the Trustees then in office by written notice to the Shareholders. (c) In connection with the dissolution of the Trust and any Series or Class thereof under subsection (b) of this Section 4 or to the extent appropriate in connection with a reorganization as provided in Article IX, Section 6, upon making reasonable provision for the payment of all known liabilities of the Trust or, as applicable, all Series or any affected Series or Classes, by such assumption or otherwiseotherwise in accordance with the Delaware Act, the Trustees shall distribute the remaining proceeds or assets (as the case may be) ratably among the Shareholders of the Trust or, as applicable, all Series or any affected Series or Classes; however, the payment to any particular Class of such Series may be reduced by any fees, expenses or charges allocated to that Class. (d) Upon completion of the distribution of the remaining proceeds or assets pursuant to subsection (c) aboveof this Section 4, the Trust or affected Series or Classes shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties hereunder with respect thereto to the Trust or affected Series or Classes and the right, title and interest of all parties therein shall be canceled and discharged. Upon termination of the Trust, following Following completion of winding up of its businessthe business of the Trust as provided herein, the Trustees shall cause a certificate of cancellation of the Trust’s certificate Certificate of trust Trust to be filed in accordance with the Delaware Act, which certificate of cancellation may be signed by any one Trustee, and the Trust shall thereupon terminate.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Calamos Long/Short Equity & Income 2028 Term Trust)

Termination of the Trust. (a) This Trust shall have perpetual existence subject to the provisions of this Section 4. (b) The Trust or any Series or Class thereof may be dissolved and terminated by the affirmative vote of not less than three-quarters of the Trustees then in office by written notice to the Shareholders. (c) In connection with subsection (b) or to the extent appropriate in connection with a reorganization as provided in Article IX, Section 6, upon making reasonable provision for the payment of all known liabilities of the Trust or, as applicable, all Series or any affected Series or Classes, by such assumption or otherwise, the Trustees shall distribute the remaining proceeds or assets (as the case may be) ratably among the Shareholders of the Trust or, as applicable, all Series or any affected Series or Classes; however, the payment to any particular Class of such Series may be reduced by any fees, expenses or charges allocated to that Class. (d) Upon completion of the distribution of the remaining proceeds or assets pursuant to subsection (c) above, the Trust or affected Series or Classes shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties hereunder with respect thereto and the right, title and interest of all parties therein shall be canceled and discharged. Upon termination of the Trust, following completion of winding up of its business, the Trustees shall cause a certificate of cancellation of the Trust’s certificate of trust 's Certificate to be filed in accordance with the Delaware Act, which certificate of cancellation may be signed by any one Trustee.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Cushing MLP Total Return Fund)

Termination of the Trust. (a) This Trust shall have perpetual existence subject to the provisions of this Section 4. (b) The Trust or any Series or Class thereof may be dissolved and terminated by the affirmative vote of not less than three-quarters of the Trustees then in office by written notice to the Shareholders. (c) In connection with subsection (b) or to the extent appropriate in connection with a reorganization as provided in Article IX, Section 6, upon making reasonable provision for the payment of all known liabilities of all Series or any affected Series or ClassesSeries, by such assumption or otherwise, the Trustees shall distribute the remaining proceeds or assets (as the case may be) ratably among the Shareholders of all Series or any affected Series or ClassesSeries; however, the payment to any particular Class of such Series may be reduced by any fees, expenses or charges allocated to that Class. (d) Upon completion of the distribution of the remaining proceeds or assets pursuant to subsection (c) above, the Trust or affected Series or Classes shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties hereunder with respect thereto and the right, title and interest of all parties therein shall be canceled and discharged. Upon termination of the Trust, following completion of winding up of its business, the Trustees shall cause a certificate of cancellation of the Trust’s 's certificate of trust to be filed in accordance with the Delaware Act, which certificate of cancellation may be signed by any one Trustee.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Calamos Convertible Opportunities & Income Fund)

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