Termination of Trust or Series. Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust may be terminated at any time by the affirmative vote of a "majority of the outstanding voting securities" of each Series (as the quoted phrase is defined in the 1940 Act), voting separately by Series, or by the Trustees by written notice to the Shareholders. Any Series may be terminated at any time by vote of the affirmative vote of "majority of the outstanding voting securities" of that Series (as the quoted phrase is defined in the 1940 Act) or by the Trustees by written notice to the Shareholders of that Series. Upon termination of the Trust (or any Series, as the case may be), after paying or otherwise providing for all charges, taxes, expenses and liabilities belonging, severally, to each Series (or the applicable Series, as the case may be), whether due or accrued or anticipated as may be determined by the Trustees, the Trust shall, in accordance with such procedures as the Trustees consider appropriate, reduce the remaining assets belonging, severally, to each Series (or the applicable Series, as the case may be), to distributable form in cash or shares or other securities, or any combination thereof, and distribute the proceeds belonging to each Series (or the applicable Series, as the case may be), to the Shareholders of that Series, as a Series, ratably according to the number of Shares of that Series held by the several Shareholders on the date of termination, except to the extent otherwise required or permitted by the preferences and special or relative rights and privileges of any classes of Shares of that Series, provided that any distribution to the Shareholders of a particular class of Shares shall be made to such Shareholders pro rata in proportion to the number of Shares of such class held by each of them.
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Samples: Agreement and Declaration (Robertson Stephens Investment Trust), Agreement and Declaration (Robertson Stephens Investment Trust), Robertson Stephens Investment Trust
Termination of Trust or Series. Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust may be terminated at any time by the affirmative vote of a "“majority of the outstanding voting securities" ” of each Series (as the quoted phrase is defined in the 1940 Act), voting separately by Series, or by the Trustees by written notice to the Shareholders. Any Series may be terminated at any time by vote of the affirmative vote of "a “majority of the outstanding voting securities" ” of that Series (as the quoted phrase is defined in the 1940 Act) or by the Trustees by written notice to the Shareholders of that Series. Upon termination of the Trust (or any Series, as the case may be), after paying or otherwise providing for all charges, taxes, expenses and liabilities belonging, severally, to each Series (or the applicable Series, as the case may be), whether due or accrued or anticipated as may be determined by the Trustees, the Trust shall, in accordance with such procedures as the Trustees consider appropriate, reduce the remaining assets belonging, severally, to each Series (or the applicable Series, as the case may be), to distributable form in cash or shares or other securities, or any combination thereof, and distribute the proceeds belonging to each Series (or the applicable Series, as the case may be), to the Shareholders of that Series, as a Series, ratably according to the number of Shares of that Series held by the several Shareholders on the date of termination, except to the extent otherwise required or permitted by the preferences and special or relative rights and privileges of any classes class of Shares of that Series, provided that any distribution to the Shareholders of a particular class of Shares shall be made to such Shareholders pro rata in proportion to the number of Shares of such class held by each of them.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (RS Variable Products Trust)
Termination of Trust or Series. Unless otherwise terminated as provided herein, the Trust shall continue without limitation until May 31, 2001 and thereafter only for such limited period of timetime as shall be required to wind up the affairs of the Trust as specified herein. The Trust may be terminated at and any time by the affirmative vote of a "majority of the outstanding voting securities" of each Series (as the quoted phrase is defined in the 1940 Act), voting separately by Series, or by the Trustees by written notice to the Shareholders. Any Series may be terminated at any time by vote of the affirmative vote of "majority of the outstanding voting securities" of that Series (as the quoted phrase is defined in the 1940 Act) on or after May 31, 2001 by the Trustees by written notice to the Shareholders of that the Trust or the affected Series. If the 1940 Act shall require Shareholder approval of such termination, such termination shall be effective if approved by vote of a majority of the outstanding Shares of the Trust entitled to vote, voting as a whole (or by Series with respect to the termination of a Series), or 67% of the outstanding Shares voting at a meeting if more than 50% of such Shares are present and represented by proxy, whichever is less. If such Shareholder vote shall be required and shall not be obtained, the Trust or the Series shall continue under the direction of the Board of Trustees. The Trust shall not be terminated prior to May 31, 2001, unless such termination has been authorized by vote of at least two-thirds (66-2/3%) of the Shares the Trust entitled to vote, voting as a whole. Notwithstanding any other provision of this Declaration of Trust, the Shareholder voting requirements contained in this Section may not be reduced except by the vote of at least two-thirds (66-2/3%) of the Shares of the Trust entitled to vote on such termination. Upon termination of the Trust (or any Series, as the case may be), after paying or otherwise providing for all charges, taxes, expenses and liabilities belonging, severally, to each Series (or the applicable Series, as the case may be), whether due or accrued or anticipated as may be determined by the Trustees, the Trust shall, in accordance with such procedures as the Trustees consider appropriate, reduce the remaining assets belonging, severally, to each Series (or the applicable Series, as the case may be), to distributable form in cash or shares or other securities, or any combination thereof, and distribute the proceeds belonging to each Series (or the applicable Series, as the case may be), to the Shareholders of that Series, as a Series, ratably according to the number of Shares of that Series held by the several Shareholders on the date of termination, except to the extent otherwise required or permitted by the preferences and special or relative rights and privileges of any classes of Shares of that Series, provided that any distribution to the Shareholders of a particular class of Shares shall be made to such Shareholders pro rata in proportion to the number of Shares of such class held by each of them.
Appears in 1 contract
Samples: Agreement and Declaration (Franklin Principal Maturity Trust)
Termination of Trust or Series. Unless terminated as provided herein, the Trust shall continue without limitation of time. The Trust may be terminated at any time by the affirmative vote of a "majority of the outstanding voting securities" of each Series (as the quoted phrase is defined in the 1940 Act), voting Voting separately by Series, or by the Trustees by written notice to the Shareholdersshareholders. Any Series may be terminated at any time by vote of the affirmative vote of "majority of the outstanding voting securities" of that Series (as the quoted phrase is defined in the 1940 Act) or by the Trustees by written notice to the Shareholders of that Series. Upon termination of the Trust (or any Series, as the case may be), after paying or otherwise providing for all charges, taxes, expenses and liabilities belonging, severally, to each Series (or the applicable Series, as the case may be), whether due or accrued or anticipated as may be determined by the Trustees, the Trust shall, in accordance with such procedures as the Trustees consider appropriate, reduce the remaining assets belonging, severally, to each Series (or the applicable Series, as the case may be), to distributable form in cash or shares Shares or other securities, or any combination thereof, thereof and distribute the proceeds belonging to each Series (or the applicable Series, as the case may be), to the Shareholders of that Series, as a Series, ratably according to the number of Shares of that Series held by the several Shareholders on the date of termination, except to the extent otherwise required or permitted by the preferences and special or relative rights and privileges of any classes of Shares of that Series, provided that any distribution to the Shareholders of a particular class of Shares shall be made to such Shareholders pro rata in proportion to the number of Shares of such class held by each of them.
Appears in 1 contract
Termination of Trust or Series. Unless terminated as provided herein, the (a) This Trust shall continue without limitation of timetime but subject to the provisions of sub-sections (b) and (c) of this Section 9.4. (b) The Trustees may (i) sell and convey all or substantially all of the assets of the Trust or any Series or Class to another trust, partnership, limited liability company, association or corporation, or to a separate Series or Class of shares thereof, organized under the laws of any state or jurisdiction, for adequate consideration which may be terminated include the assumption of all outstanding obligations, taxes and other liabilities, accrued or contingent, of the Trust or any Series or Class, and which may include shares of beneficial interest, stock or other ownership interests of such trust, partnership, limited liability company, association or corporation or of a series thereof; or (ii) at any time by the affirmative vote of a "majority sell and convert into money all of the outstanding voting securities" assets of each the Trust or any Series (as the quoted phrase is defined or Class. Upon reasonable provision, in the 1940 Actdetermination of the Trustees, for the payment of all such liabilities in either (i) or (ii), voting separately by Seriessuch assumption or otherwise, or by the Trustees by written notice to the Shareholders. Any Series may be terminated at any time by vote of the affirmative vote of "majority of the outstanding voting securities" of that Series (as the quoted phrase is defined in the 1940 Act) or by the Trustees by written notice to the Shareholders of that Series. Upon termination each Class of the Trust (a Series involved in such sale or any Seriesconversion shall be entitled to receive, as the case may be)a Class, after paying or otherwise providing for all charges, taxes, expenses when and liabilities belonging, severally, to each Series (or the applicable Series, as the case may be), whether due or accrued or anticipated as may be determined declared by the Trustees, the Trust shall, in accordance with such procedures as excess of the Trustees consider appropriate, reduce the remaining assets belonging, severally, to each Series (or the applicable Series, as the case may be), to distributable form in cash or shares or other securities, or any combination thereof, and distribute the proceeds belonging to each that Series (or that are allocated to such Class over the applicable Series, as the case may be), liabilities belonging to that Series that are allocated to such Class. The assets so distributable to the Shareholders of that Series, as a Series, ratably according to the number of Shares of that Series held by the several Shareholders on the date of termination, except to the extent otherwise required or permitted by the preferences and special or relative rights and privileges of any classes of Shares of that Series, provided that any distribution to the Shareholders particular Class of a particular class of Shares Series shall be made to distributed among such Shareholders pro rata in proportion to the number of Shares of such class that Class held by each them and recorded on the books of them.the Trust. In the event a series is not divided into Classes, the foregoing provisions shall be applied on a Series by Series basis. (c) Upon completion of the distribution of the remaining proceeds or the remaining assets as provided in sub-section (b), the Trust (in the case of a sale or conversion with respect to the Trust as a whole or the last remaining Series) or any affected Series or Class shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties hereunder and the right, title and interest of all parties with respect to the Trust or such affected Series or Class shall be cancelled 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 Act, which certificate of cancellation may be signed by any one Trustee. 2.47
Appears in 1 contract
Samples: Investment Services for Education Associations Trust