Powers of Trustees. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Trustees, and they shall have all powers necessary or convenient to carry out that responsibility and the purpose of the Trust. Without limiting the foregoing, the Trustees may adopt By-Laws not inconsistent with this Declaration of Trust providing for the conduct of the business and affairs of the Trust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may as they consider appropriate elect and remove officers and appoint and terminate agents and consultants and hire and terminate employees, any one or more of the foregoing of whom may be a Trustee, and may provide for the compensation of all of the foregoing; they may appoint from their own number, and terminate, any one or more committees consisting of two or more Trustees, including without implied limitation an executive committee, which may, when the Trustees are not in session and subject to the 1940 Act, exercise some or all of the power and authority of the Trustees as the Trustees may determine; in accordance with Section 3.3 they may employ one or more advisers, administrators, depositories and custodians and may authorize any depository or custodian to employ subcustodians or agents and to deposit all or any part of such assets in a system or systems for the central handling of securities and debt instruments, retain transfer, dividend, accounting or Shareholder servicing agents or any of the foregoing, provide for the distribution of Shares by the Trust through one or more distributors, principal underwriters or otherwise, set record dates or times for the determination of Shareholders or certain of them with respect to various matters; they may compensate or provide for the compensation of the Trustees, officers, advisers, administrators, custodians, other agents, consultants and employees of the Trust or the Trustees on such terms as they deem appropriate; and in general they may delegate to any officer of the Trust, to any committee of the Trustees and to any employee, adviser, administrator, distributor, principal underwriter, depository, custodian, transfer and dividend disbursing agent, or any other agent or consultant of the Trust such authority, powers, functions and duties as they consider desirable or appropriate for the conduct of the business and affairs of the Trust, including without implied limitation the power ...
Powers of Trustees. 4 (a) Investments........................................4 (b) Disposition of Assets..............................4 (c)
Powers of Trustees. Subject to those policies of the Fund as may be adopted and be in effect from time to time, the Trustees shall invest and reinvest, to the extent they deem proper, the Fund’s assets, together with any increment thereto or income derived therefrom, in securities and other permitted instruments and assets. Except as otherwise specified in this Paragraph 3, the Trustees shall not in any respect be limited in their powers of investment. Without limiting the generality of the foregoing in any manner, the Trustees are expressly authorized and empowered, in their absolute discretion:
(a) to retain in cash and keep unproductive of income such portion of the Fund’s assets as they may deem advisable;
(b) to sell, exchange, convey, transfer, or dispose of, and also to loan or grant options with respect to, any property or cash at any time held by them, and to make any sale or other disposition by contract, by public auction or otherwise, for cash, property or upon credit, or partly for cash or property and partly upon credit, as they may deem best, and no person dealing with the Trustees shall be bound to see to the application of the proceeds thereof or to inquire into the validity, expediency or propriety of any such sale or disposition;
(c) to compromise, compound, and settle any debt, claim or obligation due to or from them as Trustees hereunder and to reduce or change the rate of interest thereon, to extend or otherwise modify, or to foreclose upon default or otherwise enforce, any such debt, claim or obligation;
(d) to vote themselves, or by proxy, any securities with voting rights held by them; to exercise any options appurtenant to any other securities for the conversion thereof into other securities, or to exercise or sell any rights or warrants to subscribe for additional securities, and to make any and all necessary payments therefor; to join in or to dissent from and to support or oppose the reorganization, recapitalization, consolidation, liquidation, sale or merger of corporations, or other entities or properties in which they may be interested as Trustees, and to accept and hold any such securities which may be issued in connection therewith, all upon such terms and conditions as they may deem advisable;
(e) to make, execute, acknowledge, and deliver any and all necessary papers, documents, agreements and instruments for the implementation of the powers herein enumerated;
(f) to enforce any right, obligation or claim and in general to protect in any wa...
Powers of Trustees. Except as otherwise provided by the 1940 Act or other applicable law, this Declaration of Trust or the By-Laws, any action to be taken by the Trustees on behalf of the Trust or any Sub-Trust may be taken by a majority of the Trustees present at a meeting of Trustees (a quorum, consisting of at least a majority of the Trustees then in office, being present), within or without Massachusetts, including any meeting held by means of a conference telephone or other communications equipment by means of which all persons participating in the meeting can hear each other at the same time and participation by such means shall constitute presence in person at a meeting, or by written consents of a majority of the Trustees then in office (or such larger or different number as may be required by the 1940 Act or other applicable law). To the fullest extent permitted by applicable law, except as the Trustees may otherwise determine: (a) any requirements in this Declaration of Trust or in the By-Laws that any action be taken by means of any writing, including, without limitation, any written instrument, any written consent or any written agreement, shall be deemed to be satisfied by means of any electronic record in such form that capable of conversion into a written form within a reasonable time; and (b) any requirements in this Declaration of Trust or in the By-Laws that any writing be signed shall be deemed to be satisfied by any electronic signature. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Trustees, and they shall have all powers necessary or convenient to carry out that responsibility and the purpose of the Trust. Without limiting the foregoing, the Trustees may adopt By-Laws not inconsistent with this Declaration of Trust providing for the conduct of the business and affairs of the Trust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may from time to time in accordance with the provisions of Section 4.2 and 4.3, respectively, hereof establish Sub-Trusts and Classes of Sub-Trusts, each such Sub-Trust to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; they may as they consider appropriate elect and remove officers and appoint and terminate agents and consultants and hire and terminate employees, any one or more of the foregoing of whom may...
Powers of Trustees. Section 6.1 General Powers 13 Section 6.2 Certain Specific Powers 14 Section 6.3 Issuance and Repurchase of Shares 17 Section 6.4 Delegation; Committees. 17 Section 6.5 Collection and Payment 17 Section 6.6 Expenses 17 Section 6.7 Manner of Acting 18 Section 6.8 Bylaws 18 Section 6.9 Principal Transactions. 18 Section 6.10 Effect of Trustees’ Determination 18
Powers of Trustees. Subject to the provisions of this Trust Agreement, the business of the Trust shall be managed by the Trustees, and they shall have all powers necessary or convenient to carry out that responsibility and the purpose of the Trust. The Trustees in all instances shall act as principals, and are and shall be free from the control of the Shareholders. The Trustees shall have full power and authority to do any and all acts and to make and execute any and all contracts and instruments that they may consider necessary or appropriate in connection with the management and operation of the Trust. Trustees shall have full authority and absolute power and control over the assets of the Trust and the business of the Trust to the same extent as if the Trustees were the sole owners of the assets of the Trust and the business in their own right, including such authority, power and control to do all acts and things as they, in their discretion, shall deem proper to accomplish the purposes of this Trust. Without limiting the foregoing, and to the extent not inconsistent with the 1940 Act or other applicable law, the Trustees shall have power and authority:
Powers of Trustees. (a) Investments
(b) Disposition of Assets
(c) Ownership Powers
(d) Subscription
(e) Form of Holding
(f) Reorganization, etc
(g) Voting Trusts, etc
(h) Compromise
(i) Partnerships, etc
(j) Borrowing and Security
(k) Guarantees, etc
(l) Insurance
(m) Pensions, etc
Powers of Trustees. The Trustees shall only have such powers as may be necessary for or incidental to the carrying out of their duties as set out in this Trust Deed. Without derogating from the generality of the foregoing, the Trustees shall have the following specific powers:
7.1 subject to the Statutes, to open and operate (either themselves or by a person/s authorised by them) a banking account or facility or transaction platform with any registered bank or financial body or institution or registered lender in terms of the National Credit Act, 34 of 2005 (as amended or substituted from time to time);
7.2 to enter into, negotiate and execute any documents/agreements and any addenda thereto, and to do all things necessary to give effect to the subscription for and issue of the Trust Shares;
7.3 to exercise the voting powers attached to the Trust Shares in accordance with clause 15 below;
7.4 to distribute Trust Shares or sell Trust Shares and distribute their attributable sale proceeds to the Beneficiaries in accordance with their vested rights in terms of this Trust Deed following the expiry of the Lock-in Period;
7.5 to borrow or raise money, with the prior written consent of Harmony;
7.6 to appoint an Administrator for the Trust in accordance with clause 22 and to delegate any of their rights, obligations, functions and powers set out in this Trust Deed to that Administrator;
7.7 to employ, with the prior written consent of Harmony, any professional or other person to provide professional services to the Trust;
7.8 to adopt such further procedures and do such further things as the Trustees deem necessary or advisable for the due and proper administration of this Trust, including all things necessary to pay any relevant taxes (including any dividend withholding tax or any other taxes that may be required by law to be withheld and paid) timeously, in order to achieve the object of this Trust;
7.9 to exercise each and every power which they may or could require for the due and proper administration of this Trust, in order to achieve all of the intents and object of this Trust;
7.10 to invest any surplus monies of the Trust;
7.11 to defray expenses of the Trust in accordance with clause 21 below;
7.12 to deal with the Pool Shares at the expiry of the Lock-in Period in accordance with clause 17 below; and
7.13 to exercise rights associated with corporate action attaching to the Trust Shares, including to attend meetings of shareholders of the Company.
Powers of Trustees. 5 (a) Investments 6 (b) Disposition of Assets 6 (c) Ownership Powers 6 (d) Subscription 6 (e) Form of Holding 7 (f) Reorganization, etc. 7
Powers of Trustees. Subject to those policies of the Fund as may be adopted and be in effect from time to time, the Trustees shall invest and reinvest, to the extent they deem proper, the Fund's assets, together with any increment thereto, or income derived therefrom, in securities of whatsoever nature and by whomsoever issued and to the extent that the Fund's assets are not so invested the Trustees may invest the same in the following, all of which are collectively referred to as "short-term investments:"
(i) obligations issued or guaranteed by the United States government, its agencies or instrumentalities; (ii) certificates of deposit, bankers' acceptances, and other short-term debt obligations of United States and Canadian banks and their foreign branches; (iii) commercial paper; and (iv) other short-term debt securities all of which shall in any event mature not later than twelve months from their respective dates of issue. Except as herein above or hereafter specified in this Paragraph 4, the Trustees shall not in any respect be limited in their powers of investment, such investments to be made in their sole discretion irrespective of any statute, court decision, rule or regulation now or hereafter in effect restricting the class of investment or reinvestments for trustees generally. Without limiting the generality of the foregoing in any manner the Trustees are expressly authorized and empowered, in their absolute discretion.:
(a) to retain in cash and keep unproductive of income such portion of the Fund's assets as they may deem advisable:
(b) to sell, exchange, convey, transfer, or dispose of, and also to loan or grant options with respect to, any property or cash at any time held by them, and to make any sale or other disposition by contract, by public auction or otherwise, for cash, property or upon credit, or partly for cash or property and partly upon credit, as they may deem best, and no person dealing with the Trustees shall be bound to see to the application of the proceeds thereof or to inquire into the validity, expediency, or propriety of any such sale or disposition;
(c) to compromise, compound, and settle any debt, claim or obligation due to or from them as Trustees hereunder and to reduce or change the rate of interest thereon, to extend or otherwise modify, or to foreclose upon default or otherwise enforce, any such debt, claim or obligation;
(d) to vote themselves, or by proxy, any securities with voting rights held by them; to exercise any options app...
