Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by the Trustees for any reason they deem appropriate, with notice to the Shareholders of the Trust or such Series as the case may be. (b) Upon the requisite action of the Trustees to terminate the Trust or such Series, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicle, the Trust shall, in accordance with such procedures as the Trustees consider appropriate, reduce the remaining assets of the Trust or assets of the particular Series thereof to distributable form in cash or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes of Shares of such Series, if any. Thereupon, the Trust or any affected Series shall terminate, and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, and interest of all parties with respect to the Trust or such Series shall be canceled and discharged. (c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof. (d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer of the Trust) shall direct that a Certificate of Cancellation of the Trust be executed and filed with the Secretary of State of the State of Delaware.
Appears in 69 contracts
Samples: Trust Agreement (PowerShares Exchange-Traded Self-Indexed Fund Trust), Trust Agreement (Hartford Funds Exchange-Traded Trust), Trust Agreement (Hartford Funds Master Fund)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series of Shares or Class thereof may be terminated at any reason they deem appropriate, with time by vote of a majority of the Shares of such Series or Class entitled to vote or by the Trustees by written notice to the Shareholders of the Trust or such Series as or Class. At any time following such termination the case Trustees may bethereafter establish a new Series or Class with the same designation.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesany one or more Series of Shares or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series or any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, shall in accordance with such procedures as the Trustees consider appropriate, appropriate reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes dollar value of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a 's Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Trustee.
Appears in 17 contracts
Samples: Agreement and Declaration of Trust (Phoenix Duff & Phelps Institutional Mutual Funds), Agreement and Declaration of Trust (Phoenix Asset Trust), Trust Agreement (Phoenix Aberdeen Series Fund)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series of Shares or Class thereof may be terminated at any reason they deem appropriate, with time by vote of a majority of the Shares of such Series or Class entitled to vote or by the Trustees by written notice to the Shareholders of the Trust or such Series as the case may beor Class.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesany one or more Series of Shares or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series or any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, shall in accordance with such procedures as the Trustees consider appropriate, appropriate reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a 's Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Trustee.
Appears in 13 contracts
Samples: Trust Agreement (E Harmon Funds), Agreement and Declaration of Trust (Target Portfolio Trust), Trust Agreement (Strategic Partners Series)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series or Class may be terminated at any reason they deem appropriatetime by vote of a majority of the Shares of that Series or Class entitled to vote, with or by the Trustees by written notice to the Shareholders of the Trust that Series or such Series as the case may beClass.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesany one or more Series of Shares or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series of any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, in accordance with such procedures as the Trustees consider appropriate, reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a ’s Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Trustee.
Appears in 12 contracts
Samples: Agreement and Declaration of Trust (SEI Exchange Traded Funds), Agreement and Declaration of Trust (SEI Exchange Traded Funds), Trust Agreement (SEI Exchange Traded Funds)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation Upon an event of time. The Trust or any Series of the Trust may be terminated at any time by the Trustees for any reason they deem appropriate, with notice to the Shareholders dissolution of the Trust or such a Series, the Trust or Series shall be terminated in accordance with the following provisions:
(i) The Trust or Series, as applicable shall thereafter carry on no business except for the case may bepurpose of winding up its affairs.
(bii) Upon The Trustees shall proceed to wind up the requisite action affairs of the Trust or Series, as applicable in accordance with Section 3808 of the Act, and all of the powers of the Trustees under this Declaration shall continue until the affairs of the Trust or Series, as applicable shall have been wound up, including the power to terminate fulfill or discharge the contracts of the Trust or Series, as applicable, collect its assets, sell, convey, assign, exchange, transfer or otherwise dispose of all or any part of the remaining Trust Property or assets belonging to the Series, as applicable to one or more persons at public or private sale for consideration that may consist in whole or in part of cash, securities or other property of any kind, discharge or pay its liabilities, and to do all other acts appropriate to liquidate its business.
(iii) After paying or adequately providing for the payment of the Trust or all liabilities belonging to the Series subject of termination and upon receipt of such releases, indemnities and refunding agreements as they deem necessary for their protection, the Trustees may distribute the remaining Trust Property or assets belonging to such Series, in cash or in kind or partly each, among the Holders of the Trust or such Series, after paying as applicable, according to their Book Capital Accounts in the Trust or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipatedsuch Series, as may be determined by the Trustees and applicable. In all cases, as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleherein provided, the Trust shall, rights of Holders of Interests in accordance with such procedures as a Series upon termination and liquidation of that Series shall be limited to the Trustees consider appropriate, reduce the remaining assets belonging to that Series.
(b) After termination of the Trust or assets Series, as applicable, and distribution to the Holders as herein provided, a majority of the particular Series thereof to distributable form in cash or other securities, or any combination thereof, Trustees shall execute and distribute lodge among the proceeds to the Shareholders of the Shares records of the Trust or such Series an instrument in writing setting forth the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets fact of such Series only, subject to any variations with respect to Classes of Shares of such Series, if anytermination. Thereupon, the Trust or any affected Series shall terminate, and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, and interest of all parties with respect to the Trust or such Series shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall file a certificate of cancellation in accordance with Section 3810 of the Trust) shall direct that a Certificate of Cancellation Act and such Trustees shall, subject to Section 3808 of the Trust Act, thereupon be executed discharged from all further liabilities and filed with duties hereunder, and the Secretary rights and interests of State of the State of Delawareall Holders shall thereupon cease.
Appears in 6 contracts
Samples: Agreement and Declaration of Trust (GoodHaven Funds Trust), Trust Agreement (Riverpark Funds Trust), Trust Agreement (Underlying Funds Trust)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series or Class may be terminated at any reason they deem appropriatetime by vote of a majority of the Shares of that Series or Class entitled to vote, with or by the Trustees by written notice to the Shareholders of the Trust that Series or such Series as the case may beClass.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesany one or more Series of Shares or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series of any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, in accordance with such procedures as the Trustees consider appropriate, reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a 's Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Trustee.
Appears in 5 contracts
Samples: Trust Agreement (Community Development Fund), Trust Agreement (Winton Series Trust), Trust Agreement (Advisors' Inner Circle Fund III)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series of Shares or Class thereof may be terminated at any reason they deem appropriate, with time by vote of a majority of the Shares of such Series or Class entitled to vote or by the Trustees by written notice to the Shareholders of the Trust or such Series as or Class. At any time following such termination the case Trustees may bethereafter establish a new Series or Class with the same designation.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesany one or more Series of Shares or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series or any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, shall in accordance with such procedures as the Trustees consider appropriate, appropriate reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes dollar value of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a ’s Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Trustee.
Appears in 5 contracts
Samples: Trust Agreement (Virtus Solutions SMA Trust), Agreement and Declaration of Trust (Virtus Asset Trust), Agreement and Declaration of Trust (Virtus Alternative Solutions Trust)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series or Class may be terminated at any reason they deem appropriatetime by vote of a majority of the Shares of that Series or Class entitled to vote, with or by the Trustees by written notice to the Shareholders of the Trust that Series or such Series as the case may beClass.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesany one or more Series of Shares or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series or any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, in accordance with such procedures as the Trustees consider appropriate, reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a ’s Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Trustee.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Catholic Responsible Investments Funds), Trust Agreement (Frost Family of Funds), Trust Agreement (Catholic Responsible Investments Funds)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by the Trustees for any reason they deem appropriate, with notice to the Shareholders of the Trust or such Series as the case may be.
(b) Upon the requisite action of the Trustees to terminate the Trust or such Series, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicle, the Trust shall, in accordance with such procedures as the Trustees consider appropriate, reduce the remaining assets of the Trust or assets of the particular Series thereof to distributable form in cash or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of the Trust or such Series in the manner determined by the Trustees; provided, provided however, that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes of Shares of such Series, if any. Thereupon, the Trust or any affected Series shall terminate, and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, and interest of all parties with respect to the Trust or such Series shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer of the Trust) shall direct that a Certificate of Cancellation of the Trust be executed and filed with the Secretary of State of the State of Delaware.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Virtus ETF Trust II), Agreement and Declaration of Trust (Virtus ETF Trust II), Agreement and Declaration of Trust (Virtus EFT Trust II)
Termination of Trust or Series. (a) Unless terminated dissolved as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated dissolved at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series of Shares (or Class thereof) may be dissolved at any reason they deem appropriate, with time by vote of a majority of the Shares of such Series or Class entitled to vote or by the Trustees by written notice to the Shareholders of the Trust or such Series as the case may beor Class.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate dissolve the Trust or such Seriesany one or more Series of Shares (or any Class thereof), after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series (or any Class thereof) as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, shall in accordance with such procedures as the Trustees consider appropriate, appropriate reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series (or Class thereof) shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a 's Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Trustee.
Appears in 3 contracts
Samples: Trust Agreement (First Eagle Funds Inc), Trust Agreement (Clarion Investment Trust), Trust Agreement (First Eagle Overseas Variable Fund)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by the Trustees for any reason they deem appropriate, with by written notice to the Shareholders of the Trust or such Series as the case may be.
(b) Upon the requisite action of the Trustees to terminate the Trust or such Series, after paying or otherwise providing for all charges, taxes, expenses expenses, and liabilities, whether due or accrued or anticipated, as may be determined by the Trustees and as required by the Delaware ActTrustees, which may include the establishment of a liquidating trust or similar vehicle, the Trust shall, in accordance with such procedures as the Trustees consider appropriate, reduce the remaining assets of the Trust or assets of the particular Series thereof to distributable form in cash or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes of Shares of such Series, if any. Thereupon, the Trust or any affected Series shall terminate, and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, and interest of all parties with respect to the Trust or such Series shall be canceled and discharged, and without limiting the foregoing, in the event that following the final distribution of the net assets of and the termination of the Trust or affected Series, as the case may be, the Trust or affected Series, receives or is entitled to receive any assets, the Trustees shall be under no obligation to distribute or provide for the distribution of such assets to the Shareholders of the Trust or affected Series, but may make such other arrangements for the distribution of such assets as they shall determine in their sole discretion to be reasonable or appropriate under the circumstances. Notwithstanding the foregoing, at their discretion, the Trustees may abandon any previously adopted plan to terminate the Trust or a Series at any time. The Trustees shall file or cause to be filed any instruments as may be required to be filed with the Commonwealth of Massachusetts or any other governmental office where such filing may be required in connection with the termination of the Trust or any Series.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer of the Trust) shall direct that a Certificate of Cancellation of the Trust be executed and filed with the Secretary of State of the State of Delaware.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (BNY Mellon ETF Trust II), Agreement and Declaration of Trust (BNY Mellon ETF Trust II), Trust Agreement (BNY Mellon ETF Trust II)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series or Class may be terminated at any reason they deem appropriatetime by vote of a majority of the Shares of that Series or Class entitled to vote, with or by the Trustees by written notice to the Shareholders of the Trust that Series or such Series as the case may beClass.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesany one or more Series of Shares or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series of any Class thereof as may be determined by the Trustees and as required by in accordance with Section 3808 of the Delaware Act, which may include the establishment of a liquidating trust or similar vehicle, the Trust shall, in accordance with such procedures as the Trustees consider appropriate, reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its businessbusiness in accordance with Section 3808 of the Delaware Act, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a ’s Certificate of Cancellation Trust to be filed in accordance with the Section 3810 of the Trust Delaware Act, which certificate of cancellation may be executed and filed with the Secretary of State of the State of Delawaresigned by any one Trustee.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (New Age Alpha Funds Trust), Trust Agreement (New Age Alpha Variable Funds Trust), Agreement and Declaration of Trust (New Age Alpha Trust)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series or Class may be terminated at any reason they deem appropriatetime by vote of a majority of the Shares of that Series or Class entitled to vote, with or by the Trustees by written notice to the Shareholders of the Trust that Series or such Series as the case may beClass.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesany one or more Series of Shares or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series or any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, in accordance with such procedures as the Trustees consider appropriate, reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a 's Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Trustee.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Gallery Trust), Trust Agreement (Gallery Trust), Agreement and Declaration of Trust (Winton Series Trust)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by the Trustees for any reason they deem appropriate, with notice to the Shareholders of the Trust or such Series as the case may be.
(b) Upon the requisite action of the Trustees to terminate the Trust or such Series, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicle, the Trust shall, in accordance with such procedures as the Trustees consider appropriate, reduce the remaining assets of the Trust or assets of the particular Series thereof to distributable form in cash or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes of Shares of such Series, if any. Thereupon, the Trust or any affected Series shall terminate, and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, and interest of all parties with respect to the Trust or such Series shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer of the Trust) shall direct that a Certificate of Cancellation of the Trust be executed and filed in accordance with the Secretary Delaware Act, which Certificate of State Cancellation may be signed by any one Trustee. Upon termination of the State Trust, the Trustees, subject to Section 3808 of Delawarethe Delaware Act, shall be discharged of any and all further liabilities and duties thereto or arising therefrom, and the right, title and interest of all parties with respect to the Trust shall be cancelled and discharged.
Appears in 2 contracts
Samples: Trust Agreement (Plus Trust), Trust Agreement (ETF Series Trust)
Termination of Trust or Series. (a) Unless terminated dissolved as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated dissolved at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series of Shares (or Class thereof) may be dissolved at any reason they deem appropriate, with time by vote of a majority of the Shares of such Series or Class entitled to vote or by the Trustees by written notice to the Shareholders of the Trust or such Series as the case may beor Class.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate dissolve the Trust or such Seriesany one or more Series of Shares (or any Class thereof), after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series (or any Class thereof) as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, shall in accordance with such procedures as the Trustees consider appropriate, appropriate reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series (or Class thereof) shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a ’s Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Trustee.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (First Eagle Variable Funds), Agreement and Declaration of Trust (First Eagle Funds)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series of Shares or Class thereof may be terminated at any reason they deem appropriate, with time by vote of a majority of the Shares of such Series or Class entitled to vote or by the Trustees by written notice to the Shareholders of the Trust or such Series as the case may be.
(b) or Class. Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesany one or more Series of Shares or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series or any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, shall in accordance with such procedures as the Trustees consider appropriate, appropriate reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) . Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a 's Certificate of Cancellation Trust to be filed in accordance with the Delaware Act, which certificate of cancellation may be signed by any one Trustee. Reorganization and Master/Feeder Notwithstanding anything else herein, the Trustees may, without Shareholder approval unless such approval is required by applicable law, (i) cause the Trust to merge or consolidate with or into one or more trusts (or series thereof to the extent permitted by law), partnerships, associations, corporations or other business entities (including trusts, partnerships, associations, corporations or other business entities created by the Trustees to accomplish such merger or consolidation) so long as the surviving or resulting entity is an open-end management investment company under the 1940 Act, or is a series thereof, that will succeed to or assume the Trust's registration under the 1940 Act and that is formed, organized or existing under the laws of the United States or of a state, commonwealth, possession or colony of the United States, (ii) cause the Shares to be exchanged under or pursuant to any state or federal statute to the extent permitted by law or (iii) cause the Trust to incorporate under the laws of Delaware. Any agreement of merger or consolidation or exchange or certificate of merger may be signed by a majority of the Trustees and facsimile signatures conveyed by electronic or telecommunication means shall be valid. Pursuant to and in accordance with the provisions of Section 3815(f) of the Delaware Act, and notwithstanding anything to the contrary contained in this Declaration of Trust, an agreement of merger or consolidation approved by the Trustees in accordance with this Section 3 may effect any amendment to the governing instrument of the Trust or effect the adoption of a new trust instrument of the Trust if the Trust is the surviving or resulting trust in the merger or consolidation. The Trustees may create one or more business trusts to which all or any part of the assets, liabilities, profits or losses of the Trust or any Series or class thereof may be executed transferred and filed with may provide for the Secretary conversion of State Shares in the Trust or any Series or Class thereof into beneficial interests in any such newly created trust or trusts or any series or classes thereof. Notwithstanding anything else herein, the Trustees may, without Shareholder approval, invest all or a portion of the Trust Property of any Series, or dispose of all or a portion of the Trust Property of any Series, and invest the proceeds of such disposition in interests issued by one or more other investment companies registered under the 1940 Act. Any such other investment company may (but need not) be a trust (formed under the laws of the State of DelawareDelaware or any other state or jurisdiction) (or subtrust thereof) which is classified as a partnership for federal income tax purposes. Notwithstanding anything else herein, the Trustees may, without Shareholder approval unless such approval is required by applicable law, cause a Series that is organized in the master/feeder fund structure to withdraw or redeem its Trust Property from the master fund and cause such series to invest its Trust Property directly in securities and other financial instruments or in another master fund.
Appears in 1 contract
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Trustees for Shares of each Series entitled to vote, voting separately by Series, or by the Directors by written notice to the Shareholders. Any Series or Class may be terminated at any reason they deem appropriatetime by vote of a majority of the Shares of that Series or Class entitled to vote, with or by the Directors by written notice to the Shareholders of the Trust that Series or such Series as the case may beClass.
(b) Upon the requisite Shareholder vote or action of by the Trustees Directors to terminate the Trust or such Seriesany one or more Series of Shares or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series of any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleDirectors, the Trust shall, in accordance with such procedures as the Trustees Directors consider appropriate, reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees Directors and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer Directors shall cause a certificate of cancellation of the Trust) shall direct that a 's Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Director.
Appears in 1 contract
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for without Shareholder approval followed by written notice to the Shareholders. Any Series or Class thereof may be terminated at any reason they deem appropriate, with time by vote of a majority of the Shares of such Series or Class entitled to vote or by the Trustees without Shareholder approval followed by written notice to the Shareholders of the Trust or such Series as the case may beor Class.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesany one or more Series or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series or any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, in accordance with such procedures as the Trustees may consider appropriate, reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a Certificate of Trust to be filed in accordance with the Delaware Act, which Certificate of Cancellation of the Trust may be executed and filed with the Secretary of State of the State of Delawaresigned by any one Trustee.
Appears in 1 contract
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series of Shares or Class thereof may be terminated at any reason they deem appropriate, with time by vote of a majority of the Shares of such Series or Class entitled to vote or by the Trustees by written notice to the Shareholders of the Trust or such Series as the case may beor Class.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesany one or more Series of Shares or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses expenses, and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series or any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, shall in accordance with such procedures as the Trustees consider appropriate, appropriate reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a 's Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Trustee.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Jp Morgan Series Trust Ii)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series of Shares or Class thereof may be terminated at any reason they deem appropriate, with time by vote of a majority of the Shares of such Series or Class entitled to vote or by the Trustees by written notice to the Shareholders of the Trust or such Series as the case may beor Class.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesany one or more Series of Shares or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series or any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, shall in accordance with such procedures as the Trustees consider appropriate, appropriate reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the several Shareholders of such - 23 - 27 Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a 's Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Trustee.
Appears in 1 contract
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series or Class thereof may be terminated at any reason they deem appropriate, with time by vote of a majority of the Shares of that Series or Class entitled to vote or by the Trustees by written notice to the Shareholders of that Series or Class. Upon termination of the Trust (or such any one or more Series or any Class thereof, as the case may be.
(b) Upon be)'by the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such SeriesTrustees, after paying or otherwise providing for all charges, taxes, expenses and liabilitiesliabilities held, severally, with respect to each Series (or the applicable Series, as the case may be), whether due or accrued or anticipated, anticipated as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, in accordance with such procedures as the Trustees consider appropriate, reduce the remaining assets of held, severally, with respect to each Series (or the Trust applicable Series or assets of any Class thereof if any Series or Class remains, as the particular Series thereof case may be), to distributable form in cash or shares or other securities, or any combination thereof, and distribute the proceeds held with respect to each Series or Class (or the applicable Series, as the case may be), to the Shareholders of that Series, as a Series or Class, ratably according to the Shares of the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anythat Series or Class held by the several Shareholders on the date of termination. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) . Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a 's Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Trustee.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Montgomery Funds Iii)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series of Shares or Class thereof may be terminated at any reason they deem appropriate, with time by vote of a majority of the Shares of such Series or Class entitled to vote or by the Trustees by written notice to the Shareholders of the Trust or such Series as the case may beor Class.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesany one or more Series of Shares or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series or any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, shall in accordance with such procedures as the Trustees consider appropriate, appropriate reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class Trustees shall cause a certificate of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination cancellation of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer of the Trust) shall direct that a 's Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Trustee.
Appears in 1 contract
Samples: Trust Agreement (Ambassador Funds /)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by the Trustees for any reason they deem appropriate, with notice to the Shareholders Holders of the Trust or such Series as the case may be.
(b) Upon the requisite action of the Trustees to terminate the Trust or such Series, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicle, the Trust shall, in accordance with such procedures as the Trustees consider appropriate, reduce the remaining assets of the Trust or assets of the particular Series thereof to distributable form in cash or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares Holders of the Trust or such Series in the manner determined by the Trustees, provided that Shareholders Holders of a particular Series shall be entitled to receive a pro rata share share, based on their Book Capital Accounts in such Series, of the net assets of such Series only, subject to any variations with respect to Classes of Shares of such Series, if any. Thereupon, the Trust or any affected Series shall terminate, and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, and interest of all parties with respect to the Trust or such Series shall be canceled and discharged. Without limiting the provisions of the immediately preceding sentence, in the event that following the final distribution of the net assets of the Trust or affected Series, as the case may be, the Trust or affected Series receives or is entitled to receive any monies or other assets, the Trustees shall be under no obligation to distribute or provide for the distribution of such monies or other assets to the Holders of the Trust or affected Series, but may make such other arrangements (including, without limitation, pursuant to any procedures that the Trustees may approve) for the disposition of such monies or other assets as they shall determine in their sole discretion to be appropriate under the circumstances. Notwithstanding the foregoing, at their discretion, the Trustees may abandon any previously adopted plan to terminate the Trust or a Series at any time, with or without approval of the Holders of the Trust or Series.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer of the Trust) shall direct that a Certificate of Cancellation of the Trust be executed and filed with the Secretary of State of the State of Delaware.
Appears in 1 contract
Termination of Trust or Series. (a) Unless terminated dissolved as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated dissolved at any time by the Trustees for any reason they deem appropriate, with by written notice to the affected Shareholders or by vote of at least two-thirds (?) of the Trust Shares of each Series entitled to vote, voting separately by Series. Any Series of Shares (or Class thereof) may be dissolved at any time by the Trustees by written notice to the affected Shareholders or by vote of at least two-thirds (?) of the Shares of such Series as the case may beor Class entitled to vote.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate dissolve the Trust or such Seriesany one or more Series of Shares (or any Class thereof), after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipatedanticipated (including actual or anticipated liquidation expenses), of the Trust or of the particular Series (or any Class thereof) as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, shall in accordance with such procedures as the Trustees consider appropriate, appropriate reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series (or Class thereof) shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a 's Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Trustee.
Appears in 1 contract
Samples: Trust Agreement (Citigroup Alternative Investments Trust)
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series of Shares or Class thereof may be terminated at any reason they deem appropriate, with time by vote of a majority of the Shares of such Series or Class entitled to vote or by the Trustees by written notice to the Shareholders of the Trust or such Series as or Class. At any time following such termination the case Trustees may bethereafter establish a new Series or Class with the same designation.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesanyone or more Series of Shares or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series or any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, shall in accordance with such procedures as the Trustees consider appropriate, appropriate reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes dollar value of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a ’s Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by anyone Trustee.
Appears in 1 contract
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust Trust, and any Series thereof, shall continue without limitation of time. The Trust or any Series thereof, may be dissolved at any time and for any reason, or no reason at all, by the Sponsor. The Sponsor shall set a date on which the Trust, or any Series thereof, shall dissolve and mail notice of that dissolution to the Shareholders. The Shareholders shall have no rights to terminate or revoke the Trust or any Series.
(b) On or after dissolution of the Trust (or any Series), after paying or making reasonable provision for all charges, taxes, expenses, claims and liabilities of the Trust, or severally, with respect to each Series (or the applicable Series), whether due or accrued or anticipated as may be terminated at any time determined by the Trustees for any reason they deem appropriateSponsor and otherwise complying with section 3808 of the DSTA, the Sponsor shall wind up the business and affairs of the Trust (or Series) in accordance with notice section 3808 of the DSTA. Subject to the payment or the reasonable provision of such payment by the Sponsor of the claims and obligations of the Trust, Fund, as required by section 3808 of the DSTA, the Shareholders of the Trust or the dissolving Series, will, upon (i) surrender of their Shares, (ii) payment of any Transaction Fee and (iii) payment of any applicable taxes or other governmental charges, be entitled to delivery to them or upon their order, of the amount of applicable Trust Estate represented by those Shares pro rata in accordance with their positive Adjusted Capital Account balances, less any amount owing by such Series Shareholder, after giving effect to all adjustments made pursuant to Article VI and all distributions theretofore made to the Shareholders. The Sponsor shall not accept any delivery of Baskets after the date of dissolution. If any Shares remain outstanding after the date of dissolution of the Trust or the dissolved Series, as the case may be.
(b) Upon , the requisite action Sponsor thereafter shall discontinue the registration of transfers of such Shares, shall not make any distributions to Shareholders and shall not give any further notices, except that the Sponsor shall continue to collect distributions pertaining to applicable Trust Estate and hold the same uninvested and without liability for interest, pay pursuant to section 3808 of the Trustees DSTA the Trust’s expenses as set forth in this Trust Agreement and sell Trust, Fund, assets as necessary to terminate the Trust or such Series, after paying or otherwise providing for all charges, taxes, meet those expenses and liabilitiesshall continue to deliver applicable Trust Estate, whether due together with any distributions received with respect thereto and the net proceeds of the sale of any other property, in exchange for Shares surrendered to the Sponsor (after deducting or accrued or anticipatedupon payment of, as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehiclein each case, the Trust shallTransaction Fee for the surrender of Shares, any expenses for the account of the Shareholder of such Shares in accordance with the terms and conditions of this Trust Agreement and any applicable taxes or other governmental charges) or otherwise under such other procedures as the Trustees consider Sponsor deems, in its discretion to be appropriate, reduce . At any time after the remaining assets expiration of ninety (90) days following the date of dissolution of the Trust or assets the dissolved Series, as the case may be, the Sponsor may sell, or cause the sale of, the applicable Trust Estate then held under this Trust Agreement and may thereafter, after complying with section 3808 of the particular Series thereof DSTA, cause to distributable form in cash or other securitiesbe held with the Custodian uninvested the net proceeds of any such sale and without liability for interest, or any combination thereof, and distribute for the proceeds to pro rata benefit of the Shareholders of the Shares of the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes of Shares of such Series, if any. Thereupon, the Trust or any affected Series shall terminate, and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, and interest of all parties with respect to the Trust or such Series shall be canceled and dischargedhave not theretofore been surrendered.
(c) Any Class Upon the completion of the winding up of the Trust or and all its Series thereof may be terminated by in accordance with the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its businessDSTA and this Trust Agreement, the Trustees (or, if there is no remaining Sponsor shall cause the Trustee at that time, any remaining officer to file a certificate of the Trust) shall direct that a Certificate of Cancellation of the Trust be executed and filed cancellation with the Secretary of State of the State of DelawareDelaware (at the expense of the Sponsor) in accordance with the provisions of section 3810 of the Delaware Act and thereupon, the Trust and this Trust Agreement (other than Section 2.4 hereof, shall terminate. The provisions of Section 2.4 hereof shall survive the termination of the Trust. After making such filing, the Trustee and the Sponsor shall be discharged from all obligations under this Trust Agreement, except to account for such net proceeds and other cash (after deducting, in each case, any fees, expenses, taxes or other governmental charges payable by the Trust, the Transaction Fees for the surrender of Shares and any expenses for the account of the Shareholder of such Shares in accordance with the terms and conditions of this Trust Agreement and any applicable taxes or other governmental charges).
Appears in 1 contract
Samples: Trust Agreement (ETFS Collateralized Commodities Trust)
Termination of Trust or Series. (a1) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for without Shareholder approval followed by written notice to the Shareholders. Any Series or Class thereof may be terminated at any reason they deem appropriate, with time by vote of a majority of the Shares of such Series or Class entitled to vote or by the Trustees without Shareholder approval followed by written notice to the Shareholders of the Trust or such Series as the case may beor Class.
(b2) Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesany one or more Series or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series or any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, in accordance with such procedures as the Trustees may consider appropriate, reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes number of Shares of such Series, if anySeries or Class held by the Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d3) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a Certificate of Trust to be filed in accordance with the Delaware Act, which Certificate of Cancellation of the Trust may be executed and filed with the Secretary of State of the State of Delawaresigned by any one Trustee.
Appears in 1 contract
Termination of Trust or Series. (a) Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust or any Series of the Trust may be terminated at any time by vote of a majority of the Shares of each Series entitled to vote, voting separately by Series, or by the Trustees for by written notice to the Shareholders. Any Series of Shares or Class thereof may be terminated at any reason they deem appropriate, with time by vote of a majority of the Shares of such Series or Class entitled to vote or by the Trustees by written notice to the Shareholders of the Trust or such Series as or Class. At any time following such termination the case Trustees may bethereafter establish a new Series or Class with the same designation.
(b) Upon the requisite Shareholder vote or action of by the Trustees to terminate the Trust or such Seriesany one or more Series of Shares or any Class thereof, after paying or otherwise providing for all charges, taxes, expenses and liabilities, whether due or accrued or anticipated, of the Trust or of the particular Series or any Class thereof as may be determined by the Trustees and as required by the Delaware Act, which may include the establishment of a liquidating trust or similar vehicleTrustees, the Trust shall, shall in accordance with such procedures as the Trustees consider appropriate, appropriate reduce the remaining assets of the Trust or assets of the particular affected Series thereof or Class to distributable form in cash or Shares (if any Series remain) or other securities, or any combination thereof, and distribute the proceeds to the Shareholders of the Shares of Series or Classes involved, ratably according to the Trust or such Series in the manner determined by the Trustees, provided that Shareholders of a particular Series shall be entitled to receive a pro rata share of the net assets of such Series only, subject to any variations with respect to Classes dollar value of Shares of such Series, if anySeries or Class held by the several Shareholders of such Series or Class on the date of distribution. Thereupon, the Trust or any affected Series or Class shall terminate, terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, and the right, title, title and interest of all parties with respect to the Trust or such Series or Class shall be canceled and discharged.
(c) Any Class of the Trust or Series thereof may be terminated by the Trustees as provided in Article IV hereof.
(d) Upon termination of the Trust, following completion of winding up of its business, the Trustees (or, if there is no remaining Trustee at that time, any remaining officer shall cause a certificate of cancellation of the Trust) shall direct that a 's Certificate of Cancellation of the Trust to be executed and filed in accordance with the Secretary Delaware Act, which certificate of State of the State of Delawarecancellation may be signed by any one Trustee. Section 3.
Appears in 1 contract
Samples: Trust Agreement (Phoenix Goodwin Multi Sector Short Term Bond Fund)