Shareholders Voting Powers and Meetings Clause Samples
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Shareholders Voting Powers and Meetings. The Shareholders shall have power to vote only (i) for the election or removal of Trustees as provided in Article IV, Section 1 hereof, (ii) with respect to any investment adviser as provided in Article IV, Section 7 hereof, (iii) with respect to any termination of the Trust or any series or class to the extent and as provided in Article IX, Section 4 hereof, (iv) with respect to any amendment of this Declaration of Trust to the extent and as provided in Article IX, Section 7 hereof, (v) to the same extent as the stockholders of a Massachusetts business corporation as to whether or not a court action, proceeding or claim should or should not be brought or maintained derivatively or as a class action on behalf of the Trust or the Shareholders, (vi) with respect to any merger, consolidation, sale of assets, or incorporation of the Trust or any series to the extent and as provided in Article IX, Sections 6 and 7 hereof, and (vii) with respect to such additional matters relating to the Trust as may be required by law, by this Declaration of Trust, by the By-Laws or by any registration of the Trust with the Securities and Exchange Commission or any state, or as the Trustees may consider necessary or desirable. Notwithstanding any other provisions of this Declaration of Trust, on any matter submitted to a vote of Shareholders, all Shares of the Trust then entitled to vote shall be voted by individual series or class, except that (1) when so required by the 1940 Act, then Shares shall be voted in the aggregate and not by individual series or class, and (2) when the Trustees have determined that the matter affects only the interests of one or more series or class, then only Shareholders of such series or class(es) shall be entitled to vote thereon. The Shareholders may hold meetings and take action as provided in the By-Laws, subject to the requirements of the 1940 Act where applicable. Until Shares are issued, the Trustees may exercise all rights of Shareholders and may take any action required by law, this Declaration of Trust or the By-Laws to be taken by Shareholders.
Shareholders Voting Powers and Meetings. Subject to the provisions of Article III, Sections 5 and 6(d), the Shareholders shall have right to vote only (i) for the election or removal of Trustees as provided in Article IV, Section 1, and (ii) with respect to such additional matters relating to the Trust as may be required by the applicable provisions of the 1940 Act, including Section 16(a) thereof, and (iii) on such other matters as the Trustees may consider necessary or desirable. Provisions relating to meetings, quorum, required vote, record date and other matters relating to Shareholder voting rights are as provided in the By-Laws.
Shareholders Voting Powers and Meetings. The Shareholders shall have power to vote only (i) for the election or removal of Trustees as and to the extent provided in Section 4.1, (ii) with respect to such additional matters relating to the Trust as may be required by federal law including the 1940 Act, or any registration of the Trust with the Commission (or any successor agency) or any state and (iii) as the Trustees may otherwise consider necessary or desirable in their sole discretion. Provisions relating to meetings, quorum, required vote, record date and other matters relating to Shareholder voting rights are as provided in the By-Laws.
Shareholders Voting Powers and Meetings. 12 Section 1.
Shareholders Voting Powers and Meetings. 15
1. Voting Powers, Meetings, Notice and Record Dates................
Shareholders Voting Powers and Meetings. Shareholders shall have such power to vote as is provided for in, and may hold meetings and take actions pursuant to the provisions of the Bylaws.
Shareholders Voting Powers and Meetings. Section 5.1. Voting Powers Section 5.2. Meetings Section 5.3. Record Dates Section 5.4. Quorum and Required Vote Section 5.5. Action by Written Consent Section 5.6. Inspection of Records Section 5.7. Additional Provisions
Shareholders Voting Powers and Meetings. 18 --------- ----------------------------------------
Shareholders Voting Powers and Meetings. 17
Section 1. Voting Powers 17 Section 2. Meetings 17 Section 3. Quorum and Required Vote 18 Section 4. Shareholder Action by Written Consent without a Meeting 18 Section 5. Record Dates 18 Section 6. Derivative Actions 19 Section 7. General Direct Actions 19 Section 8. Additional Provisions 20 Section 1. Appointment and Duties 20 Section 2. Central Certificate System 21
Shareholders Voting Powers and Meetings. General -------
Section 1. Except as otherwise provided in this Article V or elsewhere in ---------- this Declaration, Shareholders shall have such power to vote as is provided for in, and shall and may hold meetings and take actions pursuant to, the provisions of the Bylaws. Voting Powers as to Certain Transactions ----------------------------------------
(a) Except as otherwise provided in paragraph (b) of this Section 2, the affirmative vote or consent of at least seventy-five percent (75%) of the Trustees of the Trust and at least seventy-five percent (75%) of the Shares outstanding and entitled to vote thereon shall be necessary to authorize any of the following actions:
(i) the merger or consolidation or share exchange of the Trust or any series or class of Shares with or into any other person or company (including, without limitation, a partnership, corporation, joint venture, business trust, common law trust or any other business organization) or of any such person or company with or into the Trust or any series or class of Shares;
(ii) the issuance or transfer by the Trust or any series or class of Shares (in one or more series of transactions in any twelve-month period) of any securities of the Trust or such series or class to any other person or entity for cash, securities or other property (or combination thereof) having an aggregate fair market value of $1,000,000 or more, excluding (i) sales of any securities of the Trust or a series or class in connection with a public offering thereof, (ii) issuance of securities of the Trust or a series or class pursuant to a dividend reinvestment plan adopted by the Trustees and (iii) issuances of securities of the Trust or a series or class upon the exercise of any stock subscription rights distributed by the Trust or a series or class;
(iii) a sale, lease, exchange, mortgage, pledge, transfer or other disposition by the Trust or any series or class of Shares (in one or a series of transactions in any twelve-month period) to or with any person of any assets of the Trust or such series having an aggregate fair market value of $1,000,000 or more, except for transactions in securities effected by the Trust or a series or class in the ordinary course of business;
(iv) any Shareholder proposal as to specific investment decisions made or to be made with respect to the assets of the Trust or a series or class of Shares.
(b) Notwithstanding anything to the contrary in paragraph (a) of this Section 2, so long as ...