Common use of Vacancies and Appointment of Trustees Clause in Contracts

Vacancies and Appointment of Trustees. (a) A vacancy shall occur if a Trustee dies, resigns, retires, is removed or is incapacitated, or a Trustee is otherwise unable to serve, or the number of Trustees is increased. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled, the other Trustees shall have all the powers hereunder and the certificate of the other Trustees of such vacancy shall be conclusive. In the case of an existing vacancy, the remaining Trustee or Trustees shall fill such vacancy by appointing such other person as such Trustee or Trustees in their discretion shall see fit consistent with the limitations under the 1940 Act, unless such Trustee or Trustees determine, in accordance with Section 3.4, to decrease the number of Trustees.

Appears in 106 contracts

Samples: Agreement and Declaration of Trust (American Funds Target Date Retirement Series), Agreement and Declaration of Trust (American Funds College Target Date Series), Agreement (Capital Group Private Client Services Funds)

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Vacancies and Appointment of Trustees. (a) A vacancy shall occur if a Trustee dies, resigns, retires, is removed removed, or is incapacitated, or a Trustee is otherwise unable to serve, or the number of Trustees is increased. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled, the other Trustees shall have all the powers hereunder and the certificate of the other Trustees of such vacancy shall be conclusive. In the case of an existing vacancy, the remaining Trustee or Trustees shall fill such vacancy by appointing such other person as such Trustee or Trustees in their discretion shall see fit consistent with the limitations under the 1940 Act, unless such Trustee or Trustees determine, in accordance with Section 3.4, to decrease the number of Trustees.

Appears in 8 contracts

Samples: Agreement and Declaration (Capital Group Fixed Income ETF Trust), Agreement and Declaration (Capital Group Fixed Income ETF Trust), Agreement and Declaration of Trust (Capital Group International Focus Equity ETF)

Vacancies and Appointment of Trustees. (a) A vacancy shall occur if In case of the declination to serve, death, resignation, retirement, removal or incapacity of a Trustee dies, resigns, retires, is removed or is incapacitatedTrustee, or a Trustee is otherwise unable to serve, or an increase in the number of Trustees is increasedTrustees, a vacancy shall occur. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled, the other Trustees shall have all the powers hereunder and the certificate of the other Trustees of such vacancy shall be conclusive. In the case of an existing vacancy, the remaining Trustee or Trustees shall fill such vacancy by appointing such other person as such Trustee or Trustees in their discretion shall see fit consistent with the limitations under the 1940 Act, unless such Trustee or Trustees determine, in accordance with Section 3.43.5, to decrease the number of Trustees.

Appears in 2 contracts

Samples: Horizons Etf Trust Agreement And (Horizons ETF Trust), Mirae Asset Discovery Funds Agreement (Mirae Asset Discovery Funds)

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Vacancies and Appointment of Trustees. (a) A vacancy shall occur if a Trustee dies, resigns, retires, is removed or is incapacitated, or a Trustee is otherwise unable to serve, or the number of Trustees is increased. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled, the other Trustees shall have all the powers hereunder and the certificate of the other Trustees of such vacancy shall be conclusive. In the case of an existing vacancy, the remaining Trustee or Trustees shall fill such vacancy by appointing such other person as such Trustee or Trustees in their discretion shall see fit consistent with the limitations under the 1940 Act, unless such Trustee or Trustees determine, in accordance with Section 3.43.5, to decrease the number of Trustees.

Appears in 2 contracts

Samples: Agreement And (American Funds Money Market Fund), Declaration of Trust (American Funds Short-Term Tax-Exempt Bond Fund)

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