Variance Power. The Fund is protected from obsolescence. If, in the sole judgment of the Board of Directors of the Foundation, the purposes for which the Fund was created ever become unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served by the Foundation, the Foundation’s Board of Directors shall modify any restriction or condition on the use or distribution of the income and principal of the Fund.
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Samples: Field of Interest Fund Agreement, Field of Interest Fund Agreement, Unrestricted Fund Agreement
Variance Power. The Fund is protected from obsolescence. If, in the sole judgment of the Foundation’s Board of Directors of the FoundationDirectors, the purposes for which the Fund was created ever become unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served by the Foundation, the Foundation’s Board of Directors shall modify any restriction or condition on the use or distribution of the income and principal of the Fund.
Appears in 2 contracts
Samples: Sample Agreement, Foundation Designated Fund Agreement
Variance Power. The Fund is protected from obsolescence. If, in the sole judgment judgement of the Board of Directors of the Foundation, the purposes for which the Fund was created ever become unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served by the Foundation, the Foundation’s Board of Directors Director’s shall modify any restriction or condition on the use or distribution of the income and principal of the Fund. The foundation may not change the restriction of the Fund as endowment without the Donor’s written consent.
Appears in 1 contract
Samples: Scholarship Fund Agreement
Variance Power. The Fund is protected from obsolescence. If, in the sole judgment of the Board of Directors of the Foundation, the purposes for which the Fund was created ever become unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served by the Foundation, the Foundation’s 's Board of Directors shall modify any restriction or condition on the use or distribution of the income and principal of the Fund.
Appears in 1 contract
Samples: Agreement
Variance Power. The Fund is protected from obsolescence. If, in the sole judgment of the Board of Directors of the Foundation, the purposes for which the Fund was created ever become unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served by the Foundation, the Foundation’s Board of Directors shall modify any restriction or condition on the use or distribution of the income and principal of the FundXxxx.
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Samples: www.calfund.org
Variance Power. The Fund is protected from obsolescence. If, in the sole judgment of the Board of Directors of the FoundationBoard, the purposes for which the Fund was created ever become unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served by the Foundation, the Foundation’s Board of Directors shall modify any restriction or condition on the use or distribution of the income and principal of the FundFund pursuant to federal (United States Treasury Regulations Section 1.170A-9(e)(11)(v)(B), (C) and (D))) or state law.
Appears in 1 contract
Samples: Agreement
Variance Power. The Fund is protected from obsolescence. If, The Foundation’s Board of Directors has the authority to modify any restriction or condition on the distribution of funds for any specified charitable purposes if in the sole judgment of the Board of Directors of the Foundationboard, the purposes for which the Fund was created ever become such restrictions or conditions become, in effect, unnecessary, incapable of fulfillment, fulfillment or inconsistent with the charitable needs of the community served by or area being served. This provision is consistent with the FoundationFoundation Board’s variance power as set forth in tax regulations, the Foundation’s Board of Directors shall modify any restriction or condition on the use or distribution of the income 1.170A-9(e)(11)(V)(B), (C) and principal of the Fund(D).
Appears in 1 contract
Samples: Fund Agreement