Common use of VACANCIES AND APPOINTMENTS Clause in Contracts

VACANCIES AND APPOINTMENTS. In case of a Trustee's declination to serve, death, resignation, retirement, removal, physical or mental incapacity by reason of illness, disease or otherwise, or if a Trustee is otherwise unable to serve, or if there is an increase in the number of Trustees, a vacancy shall occur. Whenever a vacancy in the Board 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 a vacancy, the remaining Trustees shall fill such vacancy by appointing such other person as they in their discretion see fit, to the extent consistent with the limitations provided under the 1940 Act. Such appointment shall be evidenced by a written instrument signed by a majority of the Trustees in office or by resolution of the Trustees, duly adopted, which shall be recorded in the minutes of a meeting of the Trustees, whereupon the appointment shall take effect. An appointment of a Trustee may be made by the Trustees then in office in anticipation of a vacancy to occur by reason of retirement, resignation or increase in number of Trustees effective at a later date, provided that said appointment shall become effective only at or after the effective date of said retirement, resignation or increase in number of Trustees. As soon as any person appointed as a Trustee pursuant to this Section 3.04 shall have accepted this Trust, the trust estate shall vest in the new Trustee or Trustees, together with the continuing Trustees, without any further act or conveyance, and such person shall be deemed a Trustee.

VACANCIES AND APPOINTMENTS. In case of a Trustee's declination to serve, the death, resignation, retirement, removal, physical or mental incapacity by reason incapacity, resignation or removal of illness, disease or otherwisea Trustee, or if a Trustee is otherwise unable to serve, or if there is an increase in the authorized number of Trustees, a vacancy shall occur. Whenever As conclusive evidence of such vacancy, a vacancy in written instrument certifying the Board 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 existence of such vacancy shall may be conclusiveexecuted by an officer of the Trust or by the Trustees. In Subject to (a) the provisions of the last sentence of ARTICLE VI, Section 1 hereof and (b) the right of the Trustees, in their sole discretion, to call a meeting of Shareholders for the purpose of electing a Trustee or Trustees, as provided in ARTICLE VI, Section 3 hereof, and subject in all cases to the proviso to ARTICLE VI, Section 3 hereof, in the case of a vacancy, the remaining Trustees Trustees, by Resolution, shall appoint a person to fill such vacancy by appointing such other person as they in their discretion see fit, to the extent a manner consistent with the limitations provided under requirements of the 1940 ActAct and the By-Laws (including, without limitation, provisions of the 1940 Act relating to the number of Interested Persons who may serve as Trustees). Such appointment shall be evidenced by a written instrument signed by a majority of the Trustees in office or by resolution of the Trustees, duly adopted, which shall be recorded in the minutes of a meeting of the Trustees, whereupon the such appointment shall take effectbecome effective if accepted by the person so appointed by becoming a signatory to this Declaration of Trust as a Trustee. An appointment of a Trustee may be made by the Trustees then in office Trustees, by Resolution, in anticipation of a vacancy to occur by reason of retirement, the resignation of a Trustee or Trustees or an increase in the authorized number of Trustees effective at a later dateTrustees, provided that said appointment shall become effective only at or after the effective date of said retirement, resignation or increase in number of Trustees. As soon as any person appointed as a Trustee pursuant to this Section 3.04 shall have accepted this Trust, the trust estate shall vest in the new Trustee or Trustees, together with the continuing Trustees, without any further act or conveyance, and such person shall be deemed a Trusteeincrease.

VACANCIES AND APPOINTMENTS. In case of a Trustee's declination to serve, death, resignation, retirement, removal, physical or mental incapacity by reason of illness, disease or otherwise, or if a Trustee is otherwise unable to serve, or if there is an increase in the number of Trustees, a vacancy shall occur. Whenever a vacancy in the Board 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 a vacancy, the remaining Trustees shall fill such vacancy by appointing such other person as they in their discretion see fit, to the extent consistent with the limitations provided under the 1940 Act. Such appointment shall be evidenced by a written instrument signed by a majority of the Trustees in office or by resolution of the Trustees, duly adopted, which shall be recorded in the minutes of a meeting of the Trustees, whereupon the appointment shall take effect. An appointment of a Trustee may be made by the Trustees then in office in anticipation of a vacancy to occur by reason of retirement, resignation or increase in number of Trustees effective at a later date, provided that said appointment shall become effective only at or after the effective date of said retirement, resignation or increase in number of Trustees. As soon as any person appointed as a Trustee pursuant to this Section 3.04 shall have accepted this Trust, the trust estate shall vest in the new Trustee or Trustees, together with the continuing Trustees, without any further act or conveyance, and such person shall be deemed a Trustee.. SECTION 3.05

VACANCIES AND APPOINTMENTS. In case of a Trustee's declination to serve, the death, resignation, retirement, retirement or removal, physical or mental incapacity by reason of illness, disease or otherwise, or if a Trustee is otherwise unable to serve, or if there is an increase in the number of Trustees, a vacancy shall occur. Whenever a A vacancy in the Board of Trustees shall occur, until such vacancy is filled, not terminate the other Trustees shall have all Trust or affect this Trust Instrument or the powers hereunder and the certificate power of the other remaining Trustees of such vacancy shall be conclusiveunder this Trust Instrument. In the case of a vacancy, the remaining Trustees shall fill such vacancy by appointing such appoint any other person as they determine in their sole discretion see fitto fill the vacancy, to except that the extent consistent with Trustee appointed may not be an Interested Person if the limitations provided under appointment would cause a violation of the 1940 Act. Such The appointment shall be evidenced by take effect upon the execution of a written instrument signed by a majority of the Trustees in office or by resolution of the Trustees, duly adopted, which shall be recorded in the minutes of a meeting of the Trustees, whereupon the appointment shall take effect. An appointment of a Trustee may be made by the Trustees then in office in anticipation of a vacancy to occur by reason of retirement, resignation or increase in number of Trustees effective at a later date, provided that said appointment shall become effective only at or after the effective date of said retirement, resignation or increase in number of Trusteesthe vacancy. As soon as any person Trustee appointed as a Trustee pursuant to this Section 3.04 2.04 shall have accepted this Trusthis or her appointment in writing, the trust estate shall vest in the new Trustee or TrusteesTrustee, together with the continuing Trustees, without any further act or conveyance, and such person the new Trustee shall be deemed a TrusteeTrustee hereunder. Notwithstanding the foregoing, all of the Initial Trustees may resign by written instrument effective on the date specified in the instrument. Before resigning as permitted by this paragraph, the Initial Trustees shall determine and set forth in the resignation instrument the number of Trustees of the Trust (subject to the Trustees' power to change the required number as authorized above) and appoint their successors.

VACANCIES AND APPOINTMENTS. In case of a Trustee's the declination to serve, death, resignation, retirement, removal, physical or mental incapacity by reason of illness, disease or otherwise, or if other inability of a Trustee is otherwise unable to serve, or if there is an increase in the number of Trustees, a vacancy shall occur. Whenever a vacancy in the Board of Trustees shall occur, until such vacancy is filled, the other Trustees shall have all the powers hereunder and the certificate certification of the other Trustees of such vacancy shall be conclusive. In the case of a an existing vacancy, the remaining Trustees shall fill such vacancy by appointing such other person as they in their discretion shall see fit, to the extent fit consistent with the limitations provided under the 1940 Act. Such appointment shall be evidenced by a written instrument signed by a majority of the Trustees in office or by resolution of the Trustees, duly adopted, which shall be recorded in the minutes of a meeting of the Trustees, whereupon the appointment shall take effect. An appointment of a Trustee may be made by the Trustees then in office in anticipation of a vacancy to occur by reason of retirement, resignation or increase in number of Trustees effective at a later date, provided that said appointment shall become effective only at or after the effective date of said retirement, resignation or increase in number of Trustees. As soon as any person Trustee appointed as a Trustee pursuant to this Section 3.04 shall have accepted this Trust, the trust Trust estate shall vest in the new Trustee or Trustees, together with the continuing Trustees, without any further act or conveyance, and such person he or she shall be deemed a TrusteeTrustee hereunder. The power to appoint a Trustee pursuant to this Section 3.04 is subject to the provisions of Section 16(a) of the 1940 Act.

VACANCIES AND APPOINTMENTS. In case of a Trustee's declination to serve, death, resignation, retirement, removal, physical or mental incapacity by reason of illness, disease or otherwise, or if a Trustee is otherwise unable to serve, or if there is an increase in the number of Trustees, a vacancy shall occur. Whenever a vacancy in the Board 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 a vacancy, the remaining Trustees shall fill such vacancy by appointing such other person as they in their discretion see fit, to the extent consistent with the limitations provided under the 1940 Act. Such appointment shall be evidenced by a written instrument signed by a majority of the Trustees in office or by resolution of the Trustees, duly adopted, which shall be recorded in the minutes of a meeting of the Trustees, whereupon the appointment shall take effect. An appointment of a Trustee may be made by the Trustees then in office in anticipation of a vacancy to occur by reason of retirement, resignation or increase in number of Trustees effective at a later date, provided that said appointment shall become effective only at or after the effective date of said retirement, resignation or increase in number of Trustees. As soon as any person appointed as a Trustee pursuant to this Section 3.04 3.4 shall have accepted this Trust, the trust estate shall vest in the new Trustee or Trustees, together with the continuing Trustees, without any further act or conveyance, and such person shall be deemed a Trustee.

VACANCIES AND APPOINTMENTS. In case of a Trustee's declination to serve, death, resignation, retirement, removal, physical or mental incapacity by reason of illness, disease or otherwise, or if a Trustee is otherwise unable to serve, or if there is an increase in the number of Trustees, a vacancy shall occur. Whenever a vacancy in the Board 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 a vacancy, the remaining Trustees shall fill such vacancy by appointing such other person as they in their discretion see fit, to the extent consistent with the limitations provided under the 1940 Act. Such appointment shall be evidenced by a written instrument signed by a majority of the Trustees in office or by resolution of the Trustees, duly adopted, which shall be recorded in the minutes of a meeting of the Trustees, whereupon the appointment shall take effect. An appointment of a Trustee may be made by the Trustees then in office in anticipation of a vacancy to occur by reason of retirement, resignation or increase in number of Trustees effective at a later date, provided that said appointment shall become effective only at or after the effective date of said retirement, resignation or increase in number of Trustees. As soon as any person appointed as a Trustee pursuant to this Section 3.04 shall have accepted this Trust, the trust estate shall vest in the new Trustee or Trustees, together with the continuing Trustees, without any further act or conveyance, and such person shall be deemed a Trustee.

VACANCIES AND APPOINTMENTS. In case of a Trustee's the declination to serve, death, resignation, retirement, removal, physical or mental incapacity by reason of illness, disease or otherwise, or if other inability of a Trustee is otherwise unable to serve, or if there is an increase in the number of Trustees, a vacancy shall occur. Whenever a vacancy in the Board of Trustees shall occur, until such vacancy is filled, the other Trustees shall have all the powers hereunder and the certificate certification of the other Trustees of such vacancy shall be conclusive. In the case of a an existing vacancy, the remaining Trustees shall fill such vacancy by appointing such other person as they in their discretion shall see fit, to the extent fit consistent with the limitations provided under the 1940 Act. Such appointment shall be evidenced by a written instrument signed by a majority of the Trustees in office or by resolution of the Trustees, duly adopted, which shall be recorded in the minutes of a meeting of the Trustees, whereupon the appointment shall take effect. An appointment of a Trustee may be made by the Trustees then in office in anticipation of a vacancy to occur by reason of retirement, resignation or increase in number of Trustees effective at a later date, provided that said appointment shall become effective only at or after the effective date of said retirement, resignation or increase in number of Trustees. As soon as any person Trustee appointed as a Trustee pursuant to this Section 3.04 shall have accepted this Trust, the trust Trust estate shall vest in the new Trustee or Trustees, together with the continuing Trustees, without any further act or conveyance, and such person he or she shall be deemed a TrusteeTrustee hereunder. The power to appoint a Trustee pursuant to this section 3.04 is subject to the provisions of Section 16(a) of the 1940 Act.

VACANCIES AND APPOINTMENTS. In case of a Trustee's declination to serve, the death, resignation, retirement, removal, physical or mental incapacity by reason of illness, disease or otherwiseotherwise of a Trustee, or if a Trustee is otherwise unable to serve, or if there is an increase in the number of Trustees, a vacancy shall occuroccur in the Board of Trustees. Whenever a vacancy in the Board of Trustees shall occur, then until such vacancy is filled, filled the other Trustees shall have all the powers hereunder and the certificate of confirmation by the other Trustees of such vacancy shall be conclusive. In the case of a vacancy, the remaining Trustees shall fill such vacancy by appointing such other person person, as they in their discretion shall see fit, to the extent fit consistent with the limitations provided under the 1940 Act. Such appointment shall be evidenced by a written instrument signed by a majority of the Trustees in office or by resolution of the Trustees, duly adopted, which shall be recorded in the minutes of a meeting of the Trustees, whereupon the appointment shall take effect. An appointment of a Trustee may be made by the Trustees then in office in anticipation of a vacancy to occur by reason of retirement, resignation or increase in number of Trustees effective at a later date, provided that said appointment shall become effective only at or after the effective date of said retirement, resignation or increase in number of Trustees. As soon as any person Trustee appointed as a Trustee pursuant to this Section 3.04 shall have accepted this Trusttrust, the trust estate shall vest in the new Trustee or Trustees, together with the continuing Trustees, without any further act or conveyance, and such person appointee shall be deemed a TrusteeTrustee hereunder.

VACANCIES AND APPOINTMENTS. In case of a Trustee's declination to serve, death, resignation, retirement, removal, physical or mental incapacity by reason of illness, disease or otherwise, or if a Trustee is otherwise unable to serve, or if there is an increase in the number of Trustees, a vacancy shall occur. Whenever a vacancy in the Board 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 a vacancy, the remaining Trustees shall fill such vacancy by appointing such other person as they in their discretion see fit, to the extent consistent with the limitations provided under the 1940 Act. Such appointment shall be evidenced by a written instrument signed by a majority of the Trustees in office or by resolution of the Trustees, duly adopted, which shall be recorded in the minutes of a meeting of the Trustees, whereupon the appointment shall take effect. An appointment of a Trustee may be made by the Trustees then in office in anticipation of a vacancy to occur by reason of retirement, resignation or increase in number of Trustees effective at a later date, provided that said appointment shall become effective only at or after the effective date of said retirement, resignation or increase in number of Trustees. As soon as any person appointed as a Trustee pursuant to this Section 3.04 3.4 shall have accepted this Trust, the trust estate shall vest in the new Trustee or Trustees, together with the continuing Trustees, without any further act or conveyance, and such person shall be deemed a Trustee.