Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,
Appears in 57 contracts
Samples: Vanguard Money Market Reserves, Vanguard Treasury Fund, Vanguard Trustees Equity Funds
Powers. Section 5. Subject to the provisions of this Declaration of TrustDeclaration, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the Trust; Trust and may amend and repeal them to the extent and as provided in Article IX, Section 7(c) of this Declaration. Subject to the voting power of one or more classes or series of Shares as set forth in this Declaration or in the Bylaws or by resolution of the Board of Trustees, the Trustees may fill vacancies in or add to their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two one or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 51 contracts
Samples: Agreement and Declaration of Trust (Babson Capital Global High Yield Credit Opportunity Fund), Agreement and Declaration of Trust (Babson Capital Global Short Duration High Yield Fund), Agreement and Declaration of Trust (Babson Capital Global Short Duration High Yield Fund)
Powers. Section 4. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that such Bylaws do not reserve that right to the Shareholders; they may fill vacancies in or add to their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 40 contracts
Samples: Agreement and Declaration of Trust (Putnam Mortgage Securities Fund), Agreement and Declaration of Trust (Putnam High Yield Fund), Agreement and Declaration of Trust (Putnam Multi-Cap Growth Fund)
Powers. Section 3. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that such Bylaws do not reserve that right to the Shareholders; they may fill vacancies in or add to their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 30 contracts
Samples: Agreement and Declaration of Trust (DoubleLine Equity Funds), Agreement and Declaration of Trust (Putnam Mortgage Recovery Fund), Agreement and Declaration of Trust (Th Lee Putnam Investment Trust)
Powers. Section 5. Subject to the provisions of this Declaration of TrustDeclaration, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the Trust; Trust and may amend and repeal them to the extent and as provided in Article IX, Section 7(c) of this Declaration. Subject to the voting power of one or more classes or series of Shares as set forth in this Declaration or in the Bylaws or by resolution of the Board of Trustees, the Trustees may fill vacancies in or add to their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two one or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians (including foreign custodians) and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder servicing agent, or both; , retain a fund account agent or administrator, or both, provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter or other duly appointed service provider. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 29 contracts
Samples: Agreement and Declaration of Trust (PIMCO Municipal Credit Income Fund), Agreement and Declaration of Trust (PIMCO California Flexible Municipal Income Fund), Agreement and Declaration of Trust (PIMCO California Flexible Municipal Income Fund)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board The Trustees shall have all powers necessary or convenient desirable to carry out that responsibility including the power to engage in transactions of all kinds on behalf purposes of the Trust. Trustees, including, without limitation, the powers referred to 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the TrustArticle II hereof. Without limiting the generality of the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that they do not reserve that right to the Shareholders; they may fill vacancies in their number, including vacancies resulting from increases in their own number, and may elect and remove such officers and employ, appoint and terminate such employees or agents as they consider appropriate; they may appoint from their own number and establish and terminate any one or more committees consisting of two or more Trustees who committees; they may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or and a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by through a principal underwriter or otherwise, set record dates, and in general delegate such authority as they consider desirable (including, without limitation, the authority to purchase and sell securities and to invest funds, to determine the net income of the Trust directly or through one or more Principal Underwriters or otherwise; redeemfor any period, repurchase the value of the total assets of the Trust and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders net asset value of each Series from Share, and to execute such deeds, agreements or other instruments either in the assets name of such Series; establish the Trust or the names of the Trustees or as their attorney or attorneys or otherwise as the Trustees from time to timetime may deem expedient) to any officer of the Trust, in accordance with committee of the provisions Trustees, any such employee, agent, custodian or underwriter or to any Manager. Without limiting the generality of Article III,the foregoing, the Trustees shall have full power and authority:
Appears in 24 contracts
Samples: Dreyfus Institutional Liquidity Funds (Dreyfus Institutional Liquidity Funds), Agreement and Declaration (Dreyfus Short Duration Bond Fund), Agreement and Declaration of Trust (Dreyfus Institutional Reserves Funds)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may fill vacancies in or remove from their number (including any vacancies created by an increase in the number of Trustees); they may remove from their number with or without cause; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 23 contracts
Samples: Agreement and Declaration of Trust (Gmo Trust), Gmo Trust (Gmo Trust), Agreement and Declaration (Gmo Trust)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board of Trustees shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws By‑Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable federal law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 22 contracts
Samples: Equity Index Funds (Vanguard International Equity Index Funds), Agreement and Declaration (Vanguard Municipal Bond Funds), Agreement and Declaration (Vanguard Malvern Funds)
Powers. Subject to the provisions of this Declaration of TrustDeclaration, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the Trust; Trust and may amend and repeal them to the extent and as provided in Article XI, Section 3 of this Declaration. Subject to the voting power of one or more classes or series of Shares as set forth in the Bylaws, the Trustees may fill vacancies in or add to their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two one or more Trustees, including any one or more executive committees which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such the Trust's assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trust and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 15 contracts
Samples: Agreement and Declaration of Trust (RMR Dividend Capture Fund), Agreement and Declaration of Trust (RMR Real Estate Income Fund), RMR Securities Reit (RMR Securities REIT)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such Bylaws do not reserve that right to the Shareholders; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians sub-custodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 12 contracts
Samples: Agreement and Declaration of Trust (Pax World Funds Series Trust Iii), Agreement and Declaration of Trust (Pax World Balanced Fund), Agreement and Declaration of Trust (Pax World Funds Trust II)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians sub-custodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets Trust or to any such custodian or underwriter. In addition to the foregoing, the trustees of such Series; establish from time the Trust who are not Interested persons of the Trust as defined in Section 2(a)(19) of the Investment Company Act of 1940 shall have the power to timehire employees and other agents and experts necessary to carry out their duties, as determined by the trustees of the Trust who are not Interested persons of the Trust in accordance with their discretion. Without limiting the provisions of Article III,foregoing, the Trustees shall have power and authority:
Appears in 12 contracts
Samples: Agreement and Declaration of Trust (Loomis Sayles Alternative Asset Based Solutions Income Fund), Agreement and Declaration (IXIS Advisor Funds Trust I), Agreement and Declaration (IXIS Advisor Funds Trust II)
Powers. Section 5. Subject to the provisions of this Declaration of TrustDeclaration, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the Trust; Trust and may amend and repeal them to the extent and as provided in Article IX, Section 7(c) of this Declaration. Subject to the voting power of one or more classes or series of Shares as set forth in this Declaration or in the Bylaws or by resolution of the Board of Trustees, the Trustees may fill vacancies in or add to their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two one or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians (including foreign custodians) and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder servicing agent, or both; , retain a fund accounting agent or administrator, or both, provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter or other duly appointed service provider. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 12 contracts
Samples: Agreement and Declaration of Trust (DoubleLine Shiller CAPE Enhanced Income Fund), Agreement and Declaration of Trust (DoubleLine Shiller CAPE Enhanced Income Fund), Agreement and Declaration of Trust (DoubleLine Yield Opportunities Fund)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 10 contracts
Samples: Agreement and Declaration of Trust (Fixed Income Shares), Allianz Global Investors Managed Accounts Trust, Agreement and Declaration of Trust (Alliancebernstein Corporate Shares)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility responsibility, including the power to engage in securities and other portfolio transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such Bylaws do not reserve that right to the Shareholders; they may fix the number of Trustees, elect Trustees or fill vacancies in the Trustees, including vacancies arising from an increase in the number of Trustees, or remove Trustees with or without cause, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, which may, when the Trustees who may are not in session, exercise some or all of the powers and authority of the Board of Trustees to the extent that the Trustees may determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, ; they may retain a transfer agent or a shareholder Shareholder servicing agent, or both; they may provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 10 contracts
Samples: Agreement and Declaration of Trust (Datum One Series Trust), Agreement and Declaration of Trust (Datum One Series Trust), Agreement and Declaration of Trust (Highland Income Fund\ma)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities or investment transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such Bylaws do not reserve that right to the Shareholders; they may fill vacancies in or remove from their number (including any vacancies created by an increase in the number of Trustees); they may remove Trustees from their number with or without cause; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, ; they may retain a transfer agent or a shareholder servicing agent, or both; they may provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; they may set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends in general they may delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 10 contracts
Samples: Agreement and Declaration (MassMutual Advantage Funds), Agreement and Declaration (MML Series Investment Fund II), Agreement and Declaration (MML Series Investment Fund)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Manager or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees and unless otherwise specified herein or required by the 1940 Act or other applicable law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office or a majority of any duly constituted committee of Trustees. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee, except as otherwise provided in the 1940 Act. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 9 contracts
Samples: Agreement and Declaration of Trust (Ubs Funds), Agreement and Declaration of Trust (Ubs Funds), Agreement and Declaration of Trust (Ubs Funds)
Powers. Section 3. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may fill vacancies, including vacancies caused by enlargement of their number and, in accordance with the terms and provisions of Section 1 of this Article IV, may remove Trustees for Cause; they may elect and remove remove, with or without cause, such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 7 contracts
Samples: Agreement and Declaration of Trust (Blackstone Alternative Alpha Master Fund), Agreement and Declaration of Trust (Blackstone Alternative Alpha Fund II), Agreement and Declaration of Trust (Blackstone Alternative Alpha Fund)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 7 contracts
Samples: Fixed Income Shares (Pimco Fixed Income Shares), Fixed Income Shares (Pimco Fixed Income Shares), Agreement and Declaration (Baillie Gifford Funds)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board The Trustees shall have all powers necessary or convenient desirable to carry out that responsibility including the power to engage in transactions of all kinds on behalf purposes of the Trust. Trustees, including, without limitation, the powers referred to 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the TrustArticles II hereof. Without limiting the generality of the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that they do not reserve that right to the Shareholders; they may fill vacancies in their number, including vacancies resulting from increases in their own number, and may elect and remove such officers and employ, appoint and terminate such employees or agents as they consider appropriate; they may appoint from their own number and establish and terminate any one or more committees consisting of two or more Trustees who committees; they may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ employee one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or and a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by through a principal underwriter or otherwise, set record dates, and in general delegate such authority as they consider desirable (including, without limitation, the authority to purchase and sell securities and to invest funds, to determine the net income of the Trust directly or through one or more Principal Underwriters or otherwise; redeemfor any period, repurchase the value of the total assets of the Trust and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders net asset value of each Series from Share, and to execute such deeds, agreements or other instruments either in the assets name of such Series; establish the Trust or the names of the Trustees or as their attorney or attorneys or otherwise as the Trustees from time to timetime may deem expedient) to any officer of the Trust, in accordance with committee of the provisions Trustees, any such employee, agent, custodian or underwriter or to any Manager. Without limiting the generality of Article III,the foregoing, the Trustees shall have full power and authority:
Appears in 6 contracts
Samples: Agreement and Declaration (Dreyfus Treasury Prime Cash Management), Agreement and Declaration (DREYFUS GOVERNMENT CASH MANAGEMENT Funds), Agreement and Declaration (Dreyfus New York Municipal Cash Management)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. Trustees, Trustees in all instances, instances shall act as principals 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, documents contracts and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; fill vacancies in or remove from their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series (or class) of Shares, each such Series (or class) to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Unless otherwise specified or required by law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 5 contracts
Samples: Agreement (Franklin Floating Rate Trust), Agreement and Declaration (Franklin Templeton Fund Allocator Series), Franklin Floating Rate Trust
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any agent or employee of the Trust and to any committee of the Trustees, officers or agents of the Trust, or to any such custodian, transfer or shareholder servicing agent, Investment Manager or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees and unless otherwise specified herein or required by the 1940 Act or other applicable law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office or a majority of any duly constituted committee of Trustees. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee, except as otherwise provided in the 1940 Act. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 5 contracts
Samples: Agreement and Declaration (PMFM Investment Trust), Agreement and Declaration (PMFM Investment Trust), Agreement and Declaration (Turnaround Investment Trust)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees and unless otherwise specified herein or required by the 1940 Act or other applicable law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office or a majority of any duly constituted committee of Trustees. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing or electronically, and the consents are filed with the minutes of the proceedings of the Board of Trustees, or committee, except as otherwise provided in the 1940 Act. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (Russell Exchange Traded Funds Trust), Agreement and Declaration of Trust (Russell Exchange Traded Funds Trust), Agreement and Declaration of Trust (U.S. One Trust)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board of Trustees shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who may 108656, v0.9 10 exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable federal law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 5 contracts
Samples: Global Custody Agreement (Vanguard Malvern Funds), Vanguard Malvern Funds, Vanguard Malvern Funds
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board of Trustees shall have all powers necessary or convenient to carry out that responsibility including responsibility, including, without limitation, the power to engage in securities or other transactions of all kinds on behalf of the Trust. Trustees, in all instances, shall act as principals and are and shall be free from the control The Board 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, documents contracts and instruments that they it may consider desirable, necessary or appropriate in connection with the administration of the Trust. The Trustees shall not be bound or limited by present or future laws or customs with regard to investment by trustees or fiduciaries, but, subject to the other provisions of the Declaration of Trust and By-Laws, 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 sole discretion, shall deem proper to accomplish the purposes of this Trust. Without limiting the foregoing, the Trustees may: (1) adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; (2) fill vacancies in or remove from their number in accordance with this Declaration of Trust or the By-Laws, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one (3) to delegate such authority as they consider desirable to a committee or more committees consisting comprised of two Trustees or more Trustees who may exercise the powers and authority any officers or agents of the Board of Trustees to the extent that the Trustees determineTrust including, without limitation, an Executive Committee; (4) employ one or more custodians of the assets of the Trust Property and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets Trust Property in a system or systems for the central handling of securities or with a Federal Reserve Bank, ; (5) retain a transfer agent or agent, dividend disbursing agent, a shareholder servicing agent or administrative services agent, fund accountant, or bothall of them; (6) provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; (7) retain one or more Investment Adviser(s); (8) redeem, repurchase and transfer Shares pursuant to applicable law; (9) set record dates for the determination of Shareholders with respect to various matters, in the manner provided in Article V, Section 5 of this Declaration of Trust; (10) declare and pay dividends and distributions to Shareholders of each Series from the assets of such SeriesTrust Property; (11) establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series or class of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purposes; and (12) in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Board of Trustees and to any agent or employee of the Trust or to any such custodian, transfer, dividend disbursing or shareholder servicing agent, fund accountant, legal counsel, independent auditors for the Trust, Principal Underwriter or Investment Adviser. The powers of the Board of Trustees set forth in the Section 3 are without prejudice to any other powers of the Board of Trustees set forth in this Declaration of Trust and By-Laws. Any determination as to what is in the best interests of the Trust made by the Board of Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Unless otherwise specified herein or required by law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office. The Trustees shall devote to the affairs of the Trust such time as may be necessary for the proper performance of their duties hereunder, but neither the Trustees nor the officers, directors, shareholders or partners of the Trustees, shall be expected to devote their full time to the performance of such duties. The Trustees, or any Affiliate shareholder, officer, director, partner or employee thereof, or any Person owning a legal or beneficial interest therein, may engage in or possess an interest in any other business or venture of any nature and description, independently or with or for the account of others.
Appears in 4 contracts
Samples: Agreement and Declaration (BBH Trust), MTB Group of Funds, Golden Oak Family of Funds
Powers. Subject to the provisions of this Declaration of TrustDeclaration, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the Trust; Trust and may amend and repeal them to the extent and as provided in Section 9.7(iii) of this Declaration. Subject to the voting power of one or more classes or series of Shares as set forth in this Declaration or in the Bylaws or by resolution of the Board of Trustees, the Trustees may fill vacancies in or add to their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two one or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians (including foreign custodians) and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder servicing agent, or both; , retain a fund account agent or administrator, or both, provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter or other duly appointed service provider. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Versus Capital Infrastructure Income Fund), Agreement and Declaration of Trust (Versus Capital Infrastructure Income Fund), Agreement and Declaration of Trust (Versus Capital Infrastructure Income Fund)
Powers. SECTION 4. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the Trust; Trust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders of one or more classes or series. Subject to the voting power of one or more classes or series of shares as set forth in the By-Laws, the Trustees may fill vacancies in or add to their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders, they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder servicing Shareholder services agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Colonial New York Insured Municipal Fund), Agreement and Declaration of Trust (Premier California Municipal Income Fund), Agreement and Declaration of Trust (Colonial California Insured Municipal Fund)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees and unless otherwise specified herein or required by the 1940 Act or other applicable law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office or a majority of any duly constituted committee of Trustees. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if a majority of the members of the Board of Trustees or committee (as the case may be) consent thereto in writing or electronically, and the consents are filed with the minutes of the proceedings of the Board of Trustees, or committee, except as otherwise provided in the 1940 Act. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Exchange Listed Funds Trust), Agreement and Declaration of Trust (Exchange Traded Concepts Trust II), Agreement and Declaration of Trust (Exchange Traded Concepts Trust II)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. TrusteesTrust and the exclusive power to bring, in all instancespermit or maintain any action, shall act as principals and are and shall be free from the control proceeding or claim on behalf 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, documents and instruments that they may consider desirable, necessary Trust or appropriate in connection with the administration of the Trusta Series. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may fill vacancies in or remove from their number (including any vacancies created by an increase in the number of Trustees); they may remove from their number with or without cause; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 4 contracts
Samples: Agreement and Declaration (Gmo Trust), Agreement and Declaration of Trust (Gmo Trust), Gmo Trust
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such Bylaws do not reserve that right to the Shareholders; they may fill vacancies in or remove from their number (including any vacancies created by an increase in the number of Trustees); they may remove from their number with or without cause; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, ; they may retain a transfer agent or a shareholder servicing agent, or both; they may provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; they may set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends in general they may delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (MML Series Investment Fund II), Agreement and Declaration (MML Series Investment Fund II), 1 Agreement (DLB Fund Group)
Powers. Subject to the provisions of this Declaration of Trust, the business and affairs of the Trust shall be managed by or under the Board direction of Trusteesthe Trustees (but with such powers of delegation as may be permitted by this Declaration of Trust, the By-Laws and the Delaware Act), and such Board the Trustees shall have exclusive and absolute control over the Trust Property and shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them; enlarge or reduce their number; remove any Trustee with or without cause at any time by written instrument signed by at least two-thirds of the number of Trustees prior to such removal, specifying the date when such removal shall become effective, and fill vacancies caused by enlargement of their number or by the death, resignation or removal of a Trustee; elect and remove remove, with or without cause, such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, ; retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time and in general delegate such authority as they consider desirable to timeany officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or Shareholder servicing agent, or Principal Underwriter. Any determination as to what is in accordance with the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of Article III,this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trustees shall have the power and authority to cause the Trust (or to act on behalf of the Trust):
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (BlackRock Long-Horizon Equity Fund), Agreement and Declaration (BlackRock Long-Horizon Equity Fund), Agreement and Declaration (Merrill Lynch Global Equity Opportunities Fund)
Powers. SECTION 5. Subject to the provisions of this Declaration of TrustDeclaration, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the Trust; Trust and may amend and repeal them to the extent and as provided in Article IX, Section 8(c) of this Declaration. Subject to the voting power of one or more classes or series of Shares as set forth in this Declaration or in the Bylaws or by resolution of the Board of Trustees, the Trustees may fill vacancies in or add to their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two one or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, securities; they may retain a transfer agent or a shareholder servicing agent, or both; , and provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; they may set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends they may in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Western Asset Claymore Us Treasury Inflation Pro Sec Fund 2), Agreement and Declaration of Trust (Western Asset/Claymore Inflation-Protected Securities Fund), Agreement and Declaration of Trust (Western Asset/Claymore Inflation-Protected Securities Fund)
Powers. Section 3. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that such Bylaws do not reserve that right to the shareholders; they may from time to time in accordance with the provisions of Article III, Section 1, hereof establish one or more Series to which they may allocate such of the Trust property, subject to such liabilities as they may deem appropriate; they may establish one or more Classes of Shares representing interests in such Series as they may deem appropriate; they may fill vacancies in or add to their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 3 contracts
Samples: Pear Tree Funds (Pear Tree Funds), Pear Tree Funds (Pear Tree Funds), Pear Tree Funds (Pear Tree Funds)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may fill vacancies, including vacancies caused by enlargement of their number, and may remove Trustees with or without cause; they may elect and remove remove, with or without cause, such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets Trust or to any such custodian or underwriter. Without limiting the foregoing, and in addition to the power and authority granted to the Trustees elsewhere in this Declaration of such Series; establish from time to timeTrust, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Baillie Gifford Funds), Agreement and Declaration of Trust (Baillie Gifford Funds), Agreement and Declaration of Trust (Baillie Gifford Funds)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. Trustees, Trustees in all instances, instances shall act as principals 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, documents contracts and instruments that they may nay consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; fill vacancies in or remove from their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series (or class) of Shares, each such Series (or class) to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Unless otherwise specified or required by law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 3 contracts
Samples: Agreement and Declaration (Franklin New York Tax Free Income Fund Inc), Agreement and Declaration of Trust (Franklin Gold Fund), Agreement and Declaration (Franklin Managed Trust)
Powers. Section 3. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that such Bylaws do not reserve that right to the Shareholders; they may fill vacancies in or add to their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 3 contracts
Samples: Agreement and Declaration (Putnam High Income Bond Fund), Putnam Master Intermediate Income Trust, Putnam Premier Income Trust
Powers. SECTION 5 Subject to the provisions of this Declaration of TrustDeclaration, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the Trust; Trust and may amend and repeal them to the extent and as provided in Article IX, Section 8(c) of this Declaration. Subject to the voting power of one or more classes or series of Shares as set forth in this Declaration or in the Bylaws or by resolution of the Board of Trustees, the Trustees may fill vacancies in or add to their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two one or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, securities; they may retain a transfer agent or a shareholder servicing agent, or both; , and provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; they may set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends they may in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund)), Agreement and Declaration of Trust (Old Mutual/Claymore Global Long-Short Fund), Agreement and Declaration of Trust (Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund))
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board of Trustees shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable federal law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,and
Appears in 3 contracts
Samples: Vanguard Municipal Bond Funds, Vanguard Municipal Bond Funds, Vanguard Municipal Bond Funds
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may fill vacancies in or remove from their number and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain or otherwise provide for the services of (including the Trust's performance of such services for itself) a transfer agent or a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets Trust or to any such custodian, transfer or Shareholder servicing agent, or Principal Underwriter. Any determination as to what is in the interests of such Series; establish from time to time, the Trust made by the Trustees in accordance with good faith shall be conclusive. In construing the provisions of Article III,this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trustees shall have power and authority:
Appears in 2 contracts
Samples: California Investment Trust Ii, California Investment Trust
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board of Trustees shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees 108648, v0.6 determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable federal law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 2 contracts
Samples: Vanguard Index Funds, Vanguard Index Funds
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. Trustees, The Trustees in all instances, instances shall act as principals 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, documents contracts and instruments that they may consider desirable, necessary or appropriate in connection with the administration management of the Trust. Without limiting the foregoingforegoing and subject to any applicable limitation in this Agreement or the Bylaws of the Trust, the Trustees mayshall have power and authority: adopt(a) To invest and reinvest cash and other property, amend and repeal By-Laws to hold cash or other property uninvested, without in any event being bound or limited by any present or future law or custom in regard to investments by Trustees, and to sell, exchange, lend, pledge, mortgage, hypothecate, write options on and lease any or all of the assets of the Trust; (b) To operate as, and to carry on the business of, an investment company, and to exercise all the powers necessary and appropriate to the conduct of such operations; (c) To borrow money and in this connection issue notes or other evidence of indebtedness; to secure borrowings by mortgaging, pledging or otherwise subjecting as security the Trust Property; to endorse, guarantee, or undertake the performance of an obligation or engagement of any other Person and to lend Trust Property; (d) To provide for the distribution of Shares in connection with an offering of the Trust's securities either through a principal underwriter or by the Trust itself, or both, or otherwise pursuant to a plan of distribution of any kind; (e) To adopt Bylaws not inconsistent with this Declaration of Trust Agreement providing for the regulation and management conduct of the affairs business of the TrustTrust and to amend and repeal them to the extent that they do not reserve such right to the Shareholders; such Bylaws shall be deemed incorporated and included in this Agreement; (f) To elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; (g) To employ one or more banks, trust companies or companies that are members of a national securities exchange or such other domestic or foreign entities as custodians of any assets of the Trust subject to any conditions set forth in this Agreement or in the Bylaws; (h) To retain one or more transfer agents and shareholder servicing agents; (i) To set record dates in the manner provided herein or in the Bylaws; (j) To delegate such authority as they consider desirable to any officers of the Trust and to any investment adviser, manager, administrator, custodian, underwriter or other agent or independent contractor; (k) To sell or exchange any or all of the assets of the Trust and may authorize Trust, subject to the right of Shareholders, if any, to vote on such custodians transaction pursuant to employ subcustodians and to deposit all Section 6.1; (l) To vote or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agentgive assent, or both; provide for the issuance and distribution exercise any rights of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeemownership, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various mattersstock or other securities or property; and to execute and deliver proxies and powers of attorney to such person or persons as the Trustees shall deem proper, granting to such person or persons such power and discretion with relation to securities or property as the Trustee shall deem proper; (m) To exercise powers and rights of subscription or otherwise which in any manner arise out of ownership of securities; (n) To hold any security or property in a form not indicating any trust, whether in bearer, book entry, unregistered or other negotiable form; or either in the name of the Trust or a custodian or a nominee or nominees, subject in either case to proper safeguards according to the usual practice of Delaware statutory trusts or investment companies; (o) To consent to or participate in any plan for the reorganization, consolidation or merger of any corporation or concern, any security of which is held in the Trust; to consent to any contract, lease, mortgage, purchase, or sale of property by such corporation or concern, and to pay calls or subscriptions with respect to any security held in the Trust; (p) To engage in Exempt Conversions, Exempt Mergers, Exempt Sales and Exempt Terminations; (q) To compromise, arbitrate, or otherwise adjust claims in favor of or against the Trust or any matter in controversy including, but not limited to, claims for taxes; (r) To declare and pay dividends and make distributions of income and of capital gains and capital to Shareholders of each Series from in the assets of such Seriesmanner hereinafter provided; establish (s) To establish, from time to time, a minimum investment for Shareholders in accordance any Class; (t) To redeem or repurchase Shares as provided for in this Agreement, upon such terms and conditions as the Trustees shall establish; (u) To establish one or more committees, to delegate any of the powers of the Trustees to said committees and to adopt a written charter for one or more of such committees governing its membership, duties and operations and any other characteristics as the Trustees may deem proper, each of which committees and may consist of less than the whole number of Trustees then in office, and may be empowered to act for and bind the Trustees and the Trust, as if the acts of such committee were the acts of all the Trustees then in office; (v) To interpret the investment policies, practices or limitations of the Trust; (w) To establish a registered office and have a registered agent in the State of Delaware; and (x) In general, to carry on any other business in connection with or incidental to any of the foregoing powers, to do everything necessary, suitable or proper for the accomplishment of any purpose or the attainment of any object or the furtherance of any power hereinbefore set forth, either alone or in association with others, and to do every other act or thing incidental or appurtenant to or growing out of or connected with the provisions aforesaid business or purposes, objects or powers. The foregoing clauses shall be construed both as objects and powers, and the foregoing enumeration of Article III,specific powers shall not be held to limit or restrict in any manner the general powers of the Trustees. Any action by one or more of the Trustees in their capacity as such hereunder shall be deemed an action on behalf of the Trust, and not an action in an individual capacity. The Trustees shall not be limited to investing in obligations maturing before the possible termination of the Trust. No one dealing with the Trustees shall be under any obligation to make any inquiry concerning the authority of the Trustees, or to see to the application of any payments made or property transferred to the Trustees or upon their order. Section 4.2
Appears in 2 contracts
Samples: Bancroft Fund LTD, Ellsworth Fund LTD
Powers. Section 5. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents contracts and instruments that they may consider desirablenecessary, necessary appropriate or appropriate desirable in connection with the administration management of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the conduct of the business of the Trust and the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such Bylaws do not reserve that right to the Shareholders; they may elect and remove remove, with or without cause, such Trustees and officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two one or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bankfederal reserve bank, retain a transfer agent or a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (JOHCM Funds Trust), Agreement and Declaration of Trust (JOHCM Funds Trust)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove remove, with or without cause, such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, ; employ an administrator for the Trust and authorize such administrator to employ sub-administrators; employ an Investment Adviser to the Trust and authorize such Investment Adviser to employ sub-advisers; retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees and unless otherwise specified herein or required by the 1940 Act or other applicable law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office or a majority of any duly constituted committee of Trustees. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if a majority of members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee, except as otherwise provided in the 1940 Act. Without limiting the foregoing, the Trustees shall have power and authority to cause the Trust:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Connors Funds), Agreement and Declaration of Trust (Axonic Funds)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board The Trustees shall have all powers necessary or convenient desirable to carry out that responsibility including the power to engage in transactions of all kinds on behalf purposes of the Trust. Trustees, including, without limitation, the powers referred to 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the TrustArticle II hereof. Without limiting the generality of the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that they do not reserve that right to the Interestholders; they may elect and remove such officers and employ, appoint and terminate such employees or agents as they consider appropriate; they may appoint from their own number and establish and terminate any one or more committees consisting of two or more Trustees who committees; they may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain securities; they may employ a transfer agent or a shareholder and an Interestholder servicing agent, or both; , provide for the issuance and distribution of Shares by Interests through a principal placement agent or otherwise, set record dates, and in general delegate such authority as they consider desirable (including, without limitation, the authority to purchase and sell securities and to invest funds, to determine the net income of the Trust directly or through one or more Principal Underwriters or otherwise; redeemfor any period, repurchase the value of the total assets of the Trust and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders net asset value of each Series from Interest, and to execute such deeds, agreements or other instruments either in the assets name of such Series; establish the Trust or the names of the Trustees or as their attorney or attorneys or otherwise as the Trustees from time to timetime may deem expedient) to any officer of the Trust, in accordance with committee of the provisions Trustees, any such employee, agent, custodian or placement agent or to any Manager. Without limiting the generality of Article III,the foregoing, the Trustees shall have full power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Master Investment Portfolio II), Agreement and Declaration of Trust (Master Investment Portfolio)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-may adopt By- Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Stein Roe Investment Trust), Agreement and Declaration of Trust (Liberty Stein Roe Funds Investment Trust)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board of Trustees shall have all powers necessary or convenient to carry out that responsibility including responsibility, including, without limitation, the power to engage in securities or other transactions of all kinds on behalf of the Trust. Trustees, in all instances, shall act as principals and are and shall be free from the control The Board 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, documents contracts and instruments that they it may consider desirable, necessary or appropriate in connection with the administration of the Trust. The Trustees shall not be bound or limited by present or future laws or customs with regard to investment by trustees or fiduciaries, but, subject to the other provisions of the Declaration of Trust and By-Laws, 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 sole discretion, shall deem proper to accomplish the purposes of this Trust. Without limiting the foregoing, the Trustees may: (1) adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; (2) fill vacancies in or remove from their number in accordance with this Declaration of Trust or the By-Laws, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one (3) to delegate such authority as they consider desirable to a committee or more committees consisting comprised of two Trustees or more Trustees who may exercise the powers and authority any officers or agents of the Board of Trustees to the extent that the Trustees determineTrust including, without limitation, an Executive Committee; (4) employ one or more custodians of the assets of the Trust Property and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets Trust Property in a system or systems for the central handling of securities or with a Federal Reserve Bank, ; (5) retain a transfer agent or agent, dividend disbursing agent, a shareholder servicing agent or administrative services agent, fund accountant, or bothall of them; (6) provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; (7) retain one or more Investment Adviser(s); (8) redeem, repurchase and transfer Shares pursuant to applicable law; (9) set record dates for the determination of Shareholders with respect to various matters, in the manner provided in Article V, Section 5 of this Declaration of Trust; (10) declare and pay dividends and distributions to Shareholders of each Series from the assets of such SeriesTrust Property; (11) establish from time to time, in accordance with the provisions of Article III, Section 6 hereof, any Series or class of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purposes; and (12) in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Board of Trustees and to any agent or employee of the Trust or to any such custodian, transfer, dividend disbursing or shareholder servicing agent, fund accountant, legal counsel, independent auditors for the Trust, Principal Underwriter or Investment Adviser. The powers of the Board of Trustees set forth in the Section 3 are without prejudice to any other powers of the Board of Trustees set forth in this Declaration of Trust and By-Laws. Any determination as to what is in the best interests of the Trust made by the Board of Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Unless otherwise specified herein or required by law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office. The Trustees shall devote to the affairs of the Trust such time as may be necessary for the proper performance of their duties hereunder, but neither the Trustees nor the officers, directors, shareholders or partners of the Trustees, shall be expected to devote their full time to the performance of such duties. The Trustees, or any Affiliate shareholder, officer, director, partner or employee thereof, or any Person owning a legal or beneficial interest therein, may engage in or possess an interest in any other business or venture of any nature and description, independently or with or for the account of others. The Trustees shall be subject to the same fiduciary duties to which the directors of a Delaware corporation would be subject if the Trust were a Delaware corporation, the Shareholders were shareholders of such Delaware corporation and the Trustees were directors of such Delaware corporation, and such modified duties shall replace any fiduciary duties to which the Trustees would otherwise be subject. Without limiting the generality of the foregoing, all actions and omissions of the Trustees shall be evaluated under the doctrine commonly referred to as the “business judgment rule,” as defined and developed under Delaware law, to the same extent that the same actions or omissions of directors of a Delaware corporation in a substantially similar circumstance would be evaluated under such doctrine. Notwithstanding the foregoing, the provisions of this Declaration of Trust and the Bylaws, to the extent that they restrict or eliminate the duties (including fiduciary duties) and liabilities relating thereto of a Trustee otherwise applicable under the foregoing standard or otherwise existing at law or in equity, are agreed by each Shareholder and the Trust to replace such other duties and liabilities of such Trustee.
Appears in 2 contracts
Samples: Agreement and Declaration (Wilmington Funds), Agreement and Declaration (MTB Group of Funds)
Powers. Section 3. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may fill vacancies, including vacancies caused by enlargement of their number, and may remove Trustees with or without cause; they may elect and remove remove, with or without cause, such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets Trust or to any such custodian or underwriter. Without limiting the foregoing, and in addition to the power and authority granted to the Trustees elsewhere in this Declaration of such Series; establish from time to timeTrust, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Managers Trust I), Agreement and Declaration of Trust (Managers Amg Funds)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, ; retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends dividends, and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Manager or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees and unless otherwise specified herein or required by the 1940 Act or other applicable law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office or a majority of any duly constituted committee of Trustees. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee, except as otherwise provided in the 1940 Act. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 2 contracts
Samples: Amended Agreement (Kalmar Pooled Investment Trust), Agreement and Declaration (Kalmar Pooled Investment Trust)
Powers. (a) Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws Laws, not inconsistent with this Declaration of Trust Trust, providing for the regulation and management conduct of the business and affairs of the Trust and, subject to Section 7.4 hereof, may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders of one or more Classes or Series; they may select, and from time to time change, the fiscal year of the Trust; they may as they consider appropriate elect and remove such officers and officers, appoint and terminate such agents as 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 consider appropriate; may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two one or more Trustees, including without implied limitation an executive committee; which may, when the Trustees who may are not in session and subject to the 1940 Act, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may employ one or more custodians of the assets of the Trust and may authorize any such custodians custodian to employ subcustodians sub-custodians or agents and to deposit all or any part of such assets in a system or systems for the central handling of securities securities; they may retain investment advisers, administrative agents, transfer agents, dividend disbursing agents, accounting agents or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agentagents, or bothany of the foregoing; they may provide for the issuance and distribution of Shares securities issued by the Trust directly or through one or more Principal Underwriters underwriters, distributors or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; they may set record dates or times for the determination of Shareholders entitled to participate in, benefit from or act with respect to various matters; declare and pay dividends in general they may delegate to any officer of the Trust, to any committee of the Trustees, and distributions to Shareholders any employee, agent or consultant or the Trust such authority, powers, functions and duties as they consider desirable or appropriate for the conduct of each Series from the assets business and affairs of such Series; establish from time the Trust, including, without implied limitation, the power and authority to timeact in the name of the Trust and of the Trustees, in accordance with to sign documents and to act as attorney-in-fact for the provisions of Article III,Trustees.
Appears in 2 contracts
Samples: Agreement and Declaration (John Hancock Premium Dividend Fund), Agreement and Declaration (John Hancock Premium Dividend Fund)
Powers. Section 4. Subject to the provisions of this Declaration of TrustDeclaration, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the Trust; Trust and may amend and repeal them to the extent and as provided by Article X, Section 8 of this Declaration. By resolution of the Board of Trustees, the Trustees may fill vacancies in or add to their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two one or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians (including foreign custodians) and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder servicing agent, or both; , retain a fund account agent or administrator, or both, provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter or other duly appointed service provider. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration (Homestead Funds Trust), Agreement and Declaration (Homestead Funds Trust)
Powers. SECTION 3. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may fill vacancies in their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be shareholders; they may employ one or more investment advisers or managers as provided in Section 7 of this Article IV; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder servicing Shareholder services agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Trustfunds Equity Index Funds (Sei Index Funds), Trustfunds Tax Exempt Trust (Sei Tax Exempt Trust)
Powers. Section 3. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may fill vacancies in their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be shareholders; they may employ one or more investment advisers or managers as provided in Section 7 of this Article IV; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder servicing Shareholder services agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Sei Daily Income Trust /Ma/), Agreement and Declaration of Trust (Sei Tax Exempt Trust)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents contracts and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal (i) adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; (ii) elect and remove remove, with or without cause, such officers and appoint and terminate such agents as they consider appropriate; (iii) appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; (iv) employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; (v) provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; (vi) declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; (vii) establish from form time to time, in accordance with the provisions of Article III,, hereof, any Series (or Class) of Shares, each such Series (or Class) to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and (viii) in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Unless otherwise specified herein or in the By-Laws or required by law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees present at a meeting of Trustees at which a quorum of Trustees is present, within or without the State of Delaware. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee. Without limiting the foregoing, the Trustees shall have the power and authority to cause the Trust (or to act on behalf of the Trust):
Appears in 2 contracts
Samples: Agreement and Declaration (Westlakes Institutional Portfolios), Agreement and Declaration of Trust (Friends Ivory & Sime Funds)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees and unless otherwise specified herein or required by the 1940 Act or other applicable law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office or a majority of any duly constituted committee of Trustees. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee, except as otherwise provided in the 1940 Act. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Horizon Funds), Agreement and Declaration (Hays Series Trust)
Powers. SECTION 3. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may fill vacancies in their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more investment advisers or administrators as provided in Section 7 of this Article IV; they may employ one or more custodians of the assets of the Trust trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters, and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian or underwriter; declare and pay dividends they may elect and distributions to Shareholders of each Series from remove such officers and appoint and terminate such agents as they consider appropriate. Without limiting the assets of such Series; establish from time to timeforegoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (MDL Funds Trust), Agreement and Declaration of Trust (Arbor Fund)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Manager or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees and unless otherwise specified herein or required by the 1940 Act or other applicable law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office or a majority of any duly constituted committee of Trustees. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee, except as otherwise provided in the 1940 Act. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration (WST Investment Trust), Agreement and Declaration of Trust (BPV Family of Funds)
Powers. SECTION 4. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt ByLaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the Trust; Trust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders of one or more classes or series. Subject to the voting power of one or more classes or series of shares as set forth in the By-Laws, the Trustees may fill vacancies in or add to their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders, they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder servicing Shareholder services agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Premier Municipal Income Fund (Premier Municipal Income Fund), Agreement and Declaration of Trust (Colonial Insured Municipal Fund)
Powers. Subject to the provisions of this Declaration of ---------- ------ Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration (New England Zenith Fund), Agreement and Declaration (E Navigator Fund)
Powers. Subject to the provisions of this Declaration of ---------- ------ Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-By- Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Manager or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees and unless otherwise specified herein or required by the 1940 Act or other applicable law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office or a majority of any duly constituted committee of Trustees. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee, except as otherwise provided in the 1940 Act. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 2 contracts
Samples: First Mutual Funds, Brazos Mutual Funds
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities or investment transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians sub-custodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, including the ability to set record dates, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets Trust or to any such custodian or underwriter. In addition to the foregoing, the Trustees of such Series; establish from time the Trust who are not “interested persons” (as defined in Section 2(a)(19) of the 0000 Xxx) of the Trust shall have the power to timehire employees and other agents and experts necessary to carry out their duties, as determined by the Trustees of the Trust who are not interested persons of the Trust in accordance with their discretion. Without limiting the provisions of Article III,foregoing, the Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (IVA Fiduciary Trust), Agreement and Declaration of Trust (IVA Fiduciary Trust)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents contracts and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Any action by one or more of the Trustees in their capacity as such hereunder shall be deemed an action on behalf of the Trust, and not an action in an individual capacity. Without limiting the foregoing, the Trustees may: adopt, amend and repeal (i) adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the 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; (ii) fill vacancies in or remove from its number in accordance with this Declaration of Trust; , and may elect and remove remove, with or without cause, such officers and appoint and terminate such agents as they consider appropriate; (iii) appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; (iv) employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or agent, distribution disbursing agent, a shareholder servicing agent or administrative services agent, or bothall of them; (v) provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; (vi) retain one or more Investment Managers; (vii) redeem, repurchase and transfer Shares pursuant to applicable law; (viii) set record dates for the determination of Shareholders with respect to various matters; (ix) declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; (x) establish from time to time, in accordance with the provisions of Article III,, hereof, any Series (or Class) of Shares, each such Series (or Class) to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and (xi) in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such administrator, custodian, transfer or shareholder servicing agent, Investment Manager or Principal Underwriter. Without limiting the foregoing, the Board of Trustees shall have all the powers granted to a board of directors under the 1940 Act. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. The powers delegated to the Trustees in this Section 3 are without prejudice to the delegated powers of the Trustees set forth in the other provisions of this Declaration of Trust and the By-Laws. Unless otherwise specified herein or in the By-Laws or required by law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office, present at a meeting of Trustees at which a quorum of Trustees is present, or a majority of any duly constituted committee of Trustees within or without the State of Delaware. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting, without prior notice, if a majority of the Trustees or committee (as the case may be) (or such larger proportion thereof as shall be required by any express provision of this Declaration of Trust or the By-Laws) consent thereto in writing (manually or electronically), and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee, except as otherwise provided in the 1940 Act. Such action by written consent shall have the same force and effect as a majority vote at a meeting of the Board of Trustees, or committee thereof, as the case may be. The Trustees shall devote to the affairs of the Trust such time as may be necessary for the proper performance of their duties hereunder, but the Trustees are not expected to devote their full time to the performance of such duties. The Trustees or any affiliate, partner or employee thereof, may engage in, or possess an interest in, any other business or venture of any nature and description, independently or with or for the account of others. Neither the Trust nor any Shareholder shall have the right to participate or share in such business or venture or any profit or compensation derived therefrom. Without limiting the foregoing, the Trustees shall have the power and authority to cause the Trust (or to act on behalf of the Trust):
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Rimrock Funds Trust), Agreement and Declaration (Community Development Fund)
Powers. Subject to the provisions of this Declaration of TrustDeclaration, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the Trust; Trust and may amend and repeal them to the extent and as provided in Article XI, Section 3 of this Declaration. Subject to the voting power of one or more classes or series of Shares as set forth in the Bylaws, the Trustees may fill vacancies in or add to their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two one or more Trustees, including any one or more executive committees which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such the Trust’s assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trust and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (RMR Asia Real Estate Fund), Agreement and Declaration of Trust (Overstreet Adrian Marcel)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians sub-custodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets Trust or to any such custodian or underwriter. In addition to the foregoing, the Trustees of such Series; establish from time the Trust who are not “Interested Persons” (as defined in Section 2(a)(19) of the Investment Company Act of 1940) of the Trust shall have the power to timehire employees and other agents and experts necessary to carry out their duties, as determined by the trustees of the Trust who are not Interested persons of the Trust in accordance with their discretion. Without limiting the provisions of Article III,foregoing, the Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Stone Harbor Investment Funds), Agreement and Declaration of Trust (Allianz Funds Multi-Strategy Trust)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board of Trustees shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees 48687, v0.3 9 determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable federal law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 2 contracts
Samples: Vanguard World Fund, Vanguard World Fund
Powers. Subject to the provisions of this Declaration of Trustrust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Trust Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians sub-custodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series the Trust or to any such custodian or underwriter. In addition to the foregoing, the Trustees of the Trust who are not “Interested Persons” (as defined in Section 2(a)(l9) of the Investment Company Act of 1940 (or exempted from being an “interested person” by any rule, regulation or order of the assets Securities and Exchange Commission)) of such Series; establish from time the Trust shall have the power to timehire employees and other agents and experts necessary to carry out their duties, as determined by the trustees of the Trust who are not Interested persons of the Trust in accordance with their discretion. Without limiting the provisions of Article III,foregoing, the Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Natixis ETF Trust II), Natixis Etf Trust (Natixis ETF Trust)
Powers. SECTION 4. Subject to the provisions of this Declaration of Trust, the Trustees shall manage the business of the Trust shall be managed by the Board of Trusteesas an investment company, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that such By- Laws do not reserve that right to the Shareholders; they may fill vacancies in their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more investment advisers or administrators as provided in Section 9 of this Article IV; they may employ one or more custodians of the assets of the Trust trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters, and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian or underwriter; declare and pay dividends they may elect and distributions to Shareholders of each Series from remove such officers and appoint and terminate such agents as they consider appropriate. Without limiting the assets of such Series; establish from time to timeforegoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Bishop Street Funds (Bishop Street Funds), Bishop Street Funds (Bishop Street Funds)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board of Trustees shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees 107935, v0.2 10 determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable federal law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration (Vanguard Trustees' Equity Fund), Amended and Restated (Vanguard Trustees' Equity Fund)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board The Trustees shall have all powers necessary or convenient desirable to carry out that responsibility including the power to engage in transactions of all kinds on behalf purposes of the Trust. Trustees, including, without limitation, the powers referred to 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the TrustArticle II hereof. Without limiting the generality of the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that they do not reserve that right to the Shareholders; to the extent permitted by applicable law, they may fill vacancies in their number, including vacancies resulting from increases in their own number, and may elect and remove such officers and employ, appoint and terminate such employees or agents as they consider appropriate; they may appoint from their own number and establish and terminate any one or more committees consisting of two or more Trustees who committees; they may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or and a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by through a Principal Underwriter or otherwise, set record dates, and in general delegate such authority as they consider desirable (including, without limitation, the authority to purchase and sell securities and to invest funds, to determine the net income of the Trust directly or through one or more Principal Underwriters or otherwise; redeemfor any period, repurchase the value of the total assets of the Trust and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders net asset value of each Series from Share, and to execute such deeds, agreements or other instruments either in the assets name of such Series; establish the Trust or the names of the Trustees or as their attorney or attorneys or otherwise as the Trustees from time to timetime may deem expedient) to any officer of the Trust, in accordance with committee of the provisions Trustees, any such employee, agent, custodian or underwriter or to any Manager. Without limiting the generality of Article III,the foregoing, the Trustees shall have full power and authority:
Appears in 2 contracts
Samples: Sparx Funds Trust (Sparx Funds Trust), Dreyfus Premier (Dreyfus Premier Tp Balanced Fund)
Powers. Section 3. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that such Bylaws do not reserve that right to the Shareholders; they may fill vacancies in or add to their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees, and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Schroder Series Trust), Agreement and Declaration (Schroder Series Trust)
Powers. Section 3. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that such Bylaws do not reserve that right to the Shareholders; they may fill vacancies in or add to their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration (Putnam Health Sciences Trust), Putnam Health Sciences Trust (Putnam Health Sciences Trust)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility responsibility, including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who Trustees, which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of such Series; establish from time Trust or to timeany investment adviser, in accordance with manager, custodian, underwriter or other agent or independent contractor. Without limiting the provisions of Article III,foregoing, the Trustees shall have power and authority:
Appears in 2 contracts
Samples: CDC Nvest Companies Trust I, Nvest Companies Trust I
Powers. SECTION 3. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may fill vacancies in their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more investment advisers or managers as provided in Section 7 of this Article IV; they may employ one or more custodians of the assets of the Trust trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters, and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian or underwriter; declare and pay dividends they may elect and distributions to Shareholders of each Series from remove such officers and appoint and terminate such agents as they consider appropriate. Without limiting the assets of such Series; establish from time to timeforegoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Sei Institutional International Trust), Sei Wealth Management Trust (Sei International Trust)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board The Trustees shall have all powers necessary or convenient --------- ------ desirable to carry out that responsibility including the power to engage in transactions of all kinds on behalf purposes of the Trust. Trustees, including, without limitation, the powers referred to 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the TrustArticle II hereof. Without limiting the generality of the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that they do not reserve that right to the Shareholders; they may fill vacancies in their number, including vacancies resulting from increases in their own number, and may elect and remove such officers and employ, appoint and terminate such employees or agents as they consider appropriate; they may appoint from their own number and establish and terminate any one or more committees consisting of two or more Trustees who committees; they may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or and a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by through a principal underwriter or otherwise, set record dates, and in general delegate such authority as they consider desirable (including, without limitation, the authority to purchase and sell securities and to invest funds, to determine the net income of the Trust directly or through one or more Principal Underwriters or otherwise; redeemfor any period, repurchase the value of the total assets of the Trust and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders net asset value of each Series from Share, and to execute such deeds, agreements or other instruments either in the assets name of such Series; establish the Trust or the names of the Trustees or as their attorney or attorneys or otherwise as the Trustees from time to timetime may deem expedient) to any officer of the Trust, in accordance with committee of the provisions Trustees, any such employee, agent, custodian or underwriter or to any Manager. Without limiting the generality of Article III,the foregoing, the Trustees shall have full power and authority:
Appears in 2 contracts
Samples: Stagecoach Trust, Bear Stearns Funds
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board of Trustees shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees 108140, v0.4 8 determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable federal law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 2 contracts
Samples: Agreement And (Vanguard Variable Insurance Funds), Agreement And (Vanguard Variable Insurance Funds)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. Trustees, Trustees in all instances, instances shall act as principals 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, documents contracts and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; fill vacancies in or remove from their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series (or class) of Shares, each such Series (or class) to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Unless otherwise specified or required by law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Franklin Equity Fund), Agreement and Declaration (Franklin Global Trust)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such Bylaws do not reserve that right to the Shareholders; they may fill vacancies in or remove from their number (including any vacancies created by an increase in the number of Trustees); they may remove from their number with or without cause; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, ; they may retain a transfer agent or a shareholder servicing agent, or both; they may provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; they may set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends in general they may, delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Blue Fund Group), Agreement and Declaration (Simple Capital Trust)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. Trustees, in all instances, shall act as principals and are and shall be free from the control of the ShareholdersHolders. The Trustees shall have full power and authority to do any and all acts and to make and execute any and all contracts, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders Holders with respect to various matters; declare and pay dividends and distributions to Shareholders Holders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or servicing agents, Investment Manager or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees and unless otherwise specified herein or required by the 1940 Act or other applicable law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office or a majority of any duly constituted committee of Trustees. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee, except as otherwise provided in the 1940 Act. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 2 contracts
Samples: Investment Management Agreement (Kiewit Investment Trust), Dfa Investment Trust Co
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board of Trustees shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees 48032, v0.4 8 determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable federal law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 2 contracts
Samples: Vanguard Bond Index Funds, Vanguard Bond Index Funds
Powers. SECTION 3. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopts By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may fill vacancies in their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more investment advisers or administrators as provided in Section 7 of this Article IV; they may employ one or more custodians of the assets of the Trust trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters, and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian or underwriter; declare and pay dividends they may elect and distributions to Shareholders of each Series from remove such officers and appoint and terminate such agents as they consider appropriate. Without limiting the assets of such Series; establish from time to timeforegoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (KP Funds), Agreement and Declaration of Trust (Arbor Fund)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board of Trustees shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such 107933, v0.5 custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable federal law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 1 contract
Samples: Instrument (Vanguard International Equity Index Funds)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board The Trustees shall have all powers necessary or convenient desirable to carry out that responsibility including the power to engage in transactions of all kinds on behalf purposes of the Trust. Trustees, including, without limitation, the powers referred to 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the TrustArticle II hereof. Without limiting the generality of the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that they do not reserve that right to the Shareholders; they may fill vacancies in their number, including vacancies resulting from increases in their own number, and may elect and remove such officers and employ, appoint and terminate such employees or agents as they consider appropriate; they may appoint from their own number and establish and terminate any one or more committees consisting of two or more Trustees who committees; they may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or and a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by through a principal underwriter or otherwise, set record dates, and in general delegate such authority as they consider desirable (including without limitation the authority to purchase and sell securities and to invest funds, to determine the net income of the Trust directly or through one or more Principal Underwriters or otherwise; redeemfor any period, repurchase the value of the total assets of the Trust and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders net asset value of each Series from Share, and to execute such deeds, agreement or other instruments either in the assets name of such Series; establish the Trust or the names of the Trustees or as their attorney or attorneys or otherwise as the Trustees from time to timetime may deem expedient) to any officer of the Trust, in accordance with committee of the provisions Trustees, any such employee, agent, custodian or underwriter or to any Manager. Without limiting the generality of Article III,the foregoing, the Trustees shall have full power and authority:
Appears in 1 contract
Powers. . Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board of Trustees shall have all powers necessary or convenient to carry out that responsibility including responsibility, including, without limitation, the power to engage in securities or other transactions of all kinds on behalf of the Trust. Trustees, in all instances, shall act as principals and are and shall be free from the control The Board 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, documents contracts and instruments that they it may consider desirable, necessary or appropriate in connection with the administration of the Trust. The Trustees shall not be bound or limited by present or future laws or customs with regard to investment by trustees or fiduciaries, but, subject to the other provisions of the Declaration of Trust and By-Laws, 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 sole discretion, shall deem proper to accomplish the purposes of this Trust. Without limiting the foregoing, the Trustees may: (1) adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; (2) fill vacancies in or remove from their number in accordance with this Declaration of Trust or the By-Laws, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one (3) to delegate such authority as they consider desirable to a committee or more committees consisting comprised of two Trustees or more Trustees who may exercise the powers and authority any officers or agents of the Board of Trustees to the extent that the Trustees determineTrust including, without limitation, an Executive Committee; (4) employ one or more custodians of the assets of the Trust Property and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets Trust Property in a system or systems for the central handling of securities or with a Federal Reserve Bank, ; (5) retain a transfer agent or agent, dividend disbursing agent, a shareholder servicing agent or administrative services agent, fund accountant, or bothall of them; (6) provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; (7) retain one or more Investment Adviser(s); (8) redeem, repurchase and transfer Shares pursuant to applicable law; (9) set record dates for the determination of Shareholders with respect to various matters, in the manner provided in Article V, Section 5 of this Declaration of Trust; (10) declare and pay dividends and distributions to Shareholders of each Series from the assets of such SeriesTrust Property; (11) establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series or class of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purposes; and (12) in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Board of Trustees and to any agent or employee of the Trust or to any such custodian, transfer, dividend disbursing or shareholder servicing agent, fund accountant, legal counsel, independent auditors for the Trust, Principal Underwriter or Investment Adviser. The powers of the Board of Trustees set forth in the Section 3 are without prejudice to any other powers of the Board of Trustees set forth in this Declaration of Trust and By-Laws. Any determination as to what is in the best interests of the Trust made by the Board of Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Unless otherwise specified herein or required by law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office. The Trustees shall devote to the affairs of the Trust such time as may be necessary for the proper performance of their duties hereunder, but neither the Trustees nor the officers, directors, shareholders or partners of the Trustees, shall be expected to devote their full time to the performance of such duties. The Trustees, or any Affiliate shareholder, officer, director, partner or employee thereof, or any Person owning a legal or beneficial interest therein, may engage in or possess an interest in any other business or venture of any nature and description, independently or with or for the account of others.
Appears in 1 contract
Powers. Subject to the provisions of this Declaration of TrustTrust and applicable law, the business of the Trust shall be managed by the Board of Trustees, and such Board of Trustees shall have all powers necessary or convenient to carry out that responsibility including responsibility, including, without limitation, the power to engage in securities or other transactions of all kinds on behalf of the Trust. Trustees, in all instances, shall act as principals and are and shall be free from the control The Board 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, documents contracts and instruments that they it may consider desirable, necessary or appropriate in connection with the administration of the Trust. The Trustees shall not be bound or limited by present or future laws or customs with regard to investment by trustees or fiduciaries, but, subject to the other provisions of the Declaration of Trust and By-Laws, 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 sole discretion, shall deem proper to accomplish the purposes of this Trust. Without limiting the foregoing, the Trustees may: (1) adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; (2) fill vacancies in or remove from their number in accordance with this Declaration of Trust or the By-Laws, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one (3) to delegate such authority as they consider desirable to a committee or more committees consisting comprised of two Trustees or more Trustees who may exercise the powers and authority any officers or agents of the Board of Trustees to the extent that the Trustees determineTrust including, without limitation, an executive committee; (4) employ one or more custodians of the assets of the Trust Property and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets Trust Property in a system or systems for the central handling of securities or with a Federal Reserve Bank, ; (5) retain a transfer agent or agent, dividend disbursing agent, a shareholder servicing agentagent or administrator, fund accountant, legal counsel, independent auditor, or bothall of them; (6) provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; (7) retain one or more Investment Adviser(s); (8) redeem, repurchase and transfer Shares pursuant to applicable law; (9) set record dates for the determination of Shareholders with respect to various matters, in the manner provided in Article V, Section 5 of this Declaration of Trust; (10) declare and pay dividends and distributions to Shareholders of each Series from the assets of such SeriesTrust Property; (11) establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series or class of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purposes; and (12) in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Board of Trustees and to any agent or employee of the Trust or to any such custodian, transfer, dividend disbursing or shareholder servicing agent, fund accountant, administrator, legal counsel, independent auditors for the Trust, Principal Underwriter or Investment Adviser. The powers of the Board of Trustees set forth in this Section 3 are without prejudice to any other powers of the Board of Trustees set forth in this Declaration of Trust and By-Laws. Any determination as to what is in the best interests of the Trust made by the Board of Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Unless otherwise specified herein or required by law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office or a majority of any duly constituted committee of the Board of Trustees, as applicable. Without limiting the foregoing, the Trustees shall have the power and authority to cause the Trust (or act on behalf of the Trust) to take any and all actions set forth in Article II hereof. The Trustees shall devote to the affairs of the Trust such time as may be necessary for the proper performance of their duties hereunder, but neither the Trustees nor the officers, directors, shareholders or partners of the Trustees, shall be expected to devote their full time to the performance of such duties. The Trustees, or any Affiliate shareholder, officer, director, partner or employee thereof, or any Person owning a legal or beneficial interest therein, may engage in or possess an interest in any other business or venture of any nature and description, independently or with or for the account of others.
Appears in 1 contract
Samples: Agreement and Declaration (Huntington Strategy Shares)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board of Trustees shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees 107932, v0.8 8 determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable federal law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 1 contract
Samples: Vanguard Star Funds
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may fill vacancies in or remove from their number (including any vacancies created by an increase in the number of Trustees); they may remove from their number with or without cause; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, ; they may retain a transfer agent or a shareholder servicing agent, or both; they may provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; they may set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends in general they may delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 1 contract
Samples: Barr Rosenberg Variable Trust
Powers. Subject to the provisions of this Declaration of TrustDeclaration, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent and as provided in Article X, Section 3 of this Declaration. The Trustees may fill vacancies in or add to their number, including vacancies resulting from increases in their number; they may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two one or more Trustees, including any one or more executive committees which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such the Trust's assets in a system or systems for the central handling of securities or with a Federal Reserve Bank; they may employ auditors, counsel and other agents of the Trust; they may employ an administrator for the Trust and authorize such administrator to employ subadministrators; they may employ an investment adviser to the Trust and authorize such investment adviser to employ sub-advisers; they may retain a transfer agent or a shareholder servicing agent, or both; they may provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters principal underwriters or otherwise; they may redeem, repurchase and transfer Shares pursuant to applicable law; they may set record dates for the determination of Shareholders with respect to various matters; they may declare and pay dividends and distributions to Shareholders of each Series series from the assets of such Seriesseries; establish from time they may compensate or provide for the compensation of the Trustees, officers, investment adviser, sub-adviser, administrator, subadministrator, custodian, transfer or shareholder servicing agent and other agents, independent contractors, employees of the Trust or the Trustees on such terms as they deem appropriate; and in general delegate such authority as they consider desirable to timeany officer of the Trust, to any committee of the Trust and to any agent or employee of the Trust or to any investment adviser, sub-adviser, administrator, subadministrator, custodian, transfer agent, shareholder servicing agent or principal underwriter to the Trust. Any determination as to what is in accordance with the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of Article III,this Declaration, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trustees shall have power and authority:
Appears in 1 contract
Samples: Agreement and Declaration of Trust (RMR Funds Series Trust)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board The Trustees shall have all powers --------- ------ necessary or convenient desirable to carry out that responsibility including the power to engage in transactions of all kinds on behalf purposes of the Trust. Trustees, including, without limitation, the powers referred to 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the TrustArticle II hereof. Without limiting the generality of the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the Trust and may amend and repeal them to the extent that they do not reserve that right to the Interestholders and such By-Laws are deemed to be incorporated and included in this Declaration of Trust; they may fill vacancies in their number, including vacancies resulting from increases in their own number, and may elect and remove such officers and employ, appoint and terminate such employees or agents as they consider appropriate; they may appoint from their own number and establish and terminate any one or more committees consisting of two or more Trustees who committees; they may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder and an Interestholder servicing agent, or both; , provide for the issuance and distribution of Shares by Interests through a principal placement agent or otherwise, set record dates, and in general delegate such authority as they consider desirable (including, without limitation, the authority to purchase and sell securities and to invest funds, to determine the net income of the Trust directly or through one or more Principal Underwriters or otherwise; redeemfor any period, repurchase the value of the total assets of the Trust and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders net asset value of each Series from Interest, and to execute such deeds, agreements or other instruments either in the assets name of such Series; establish the Trust or the names of the Trustees or as their attorney or attorneys or otherwise as the Trustees from time to timetime may deem expedient) to any officer of the Trust, in accordance with committee of the provisions Trustees, any such employee, agent, custodian or underwriter or to any Manager. Without limiting the generality of Article III,the foregoing, the Trustees shall have full power and authority:
Appears in 1 contract
Samples: Master Investment Portfolio
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust Fund shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the TrustFund. Trustees, Trustees in all instances, instances shall act as principals 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, documents contracts and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the TrustFund. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustFund and may amend and repeal them; fill vacancies in or remove from their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust Fund and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust Fund directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable lawthe 1940 Act; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Seriesthe Fund; establish from time to time, time in accordance with Section 3.6 any Class of Shares; and in general delegate such authority as they consider desirable to any officer of the Fund, to any committee of the Trustees and to any agent or employee of the Fund or to any such custodian, transfer or shareholder servicing agent, or Principal Underwriter. Any determination as to what is in the interests of the Fund made by the Trustees in good faith shall be conclusive. In construing the provisions of Article III,this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Unless otherwise specified or required by law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the required quorum of the Trustees then in office (unless otherwise required by law). Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if a majority of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee. Without limiting the foregoing, the Fund shall have power and authority:
Appears in 1 contract
Samples: Agreement and Declaration (Voya Enhanced Securitized Income Fund)
Powers. Subject to the provisions of this ---------- ------ Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such administrator, custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees and unless otherwise specified herein or required by the 1940 Act or other applicable law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office or a majority of any duly constituted committee of Trustees. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee, except as otherwise provided in the 1940 Act. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 1 contract
Samples: Agreement and Declaration (Vanguard Montgomery Funds)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be under the exclusive and absolute control of the Trustees and shall be managed by the Board Trustees (but with such powers of Trusteesdelegation as may be permitted by this Declaration of Trust, the Bylaws and the Delaware Act), and such Board the Trustees shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such Bylaws do not reserve that right to the Shareholders; enlarge or reduce their number; remove any Trustee with or without cause at any time by written instrument signed by at least two-thirds of the number of Trustees prior to such removal, specifying the date when such removal shall become effective, and fill vacancies caused by enlargement of their number or by the death, resignation or removal of a Trustee; elect and remove remove, with or without cause, such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, ; retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders Shareholders; and in general delegate such authority as they consider desirable to any officer of each Series from the assets Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such Series; establish from time custodian, transfer or Shareholder servicing agent, or principal underwriter. Any determination as to time, what is in accordance with the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of Article III,this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trustees shall have the power and authority to cause the Trust (or to act on behalf of the Trust):
Appears in 1 contract
Samples: Campbell Multi-Strategy Trust
Powers. Subject to the provisions of this Declaration of TrustofTrust, the business of the Trust shall be managed by the Board of Trustees, and such Board ofTrustees shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust ofTrust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two ofone or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the ofthe assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable federal law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions ofArticle III, Section 6 hereof, any Series of Article III,Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer ofthe Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests ofthe Trust made by the Trustees in good faith shall be conclusive. In construing the provisions ofthis Declaration ofTrust, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 1 contract
Samples: Agreement and Declaration (Vanguard Scottsdale Funds)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Manager or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees and unless otherwise specified herein or required by the 1940 Act or other applicable law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office or a majority of any duly constituted committee of Trustees. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee, except as otherwise provided in the 1940 Act. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 1 contract
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board The Trustees shall have all powers necessary or convenient ------ desirable to carry out that responsibility including the power to engage in transactions of all kinds on behalf purposes of the Trust. Trustees, including, without limitation, the powers referred to 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the TrustArticle II hereof. Without limiting the generality of the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the Trust and may amend and repeal them to the extent that they do not reserve that right to the Shareholders and such By-Laws are deemed to be incorporated and included in this Declaration of Trust; they may fill vacancies in their number, including vacancies resulting from increases in their own number, and may elect and remove such officers and employ, appoint and terminate such employees or agents as they consider appropriate; they may appoint from their own number and establish and terminate any one or more committees consisting of two or more Trustees who committees; they may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or and a shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by through a principal underwriter or otherwise, set record dates, and in general delegate such authority as they consider desirable (including, without limitation, the authority to purchase and sell securities and to invest funds, to determine the net income of the Trust directly or through one or more Principal Underwriters or otherwise; redeemfor any period, repurchase the value of the total assets of the Trust and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders net asset value of each Series from Share, and to execute such deeds, agreements or other instruments either in the assets name of such Series; establish the Trust or the names of the Trustees or as their attorney or attorneys or otherwise as the Trustees from time to timetime may deem expedient) to any officer of the Trust, in accordance with committee of the provisions Trustees, any such employee, agent, custodian or underwriter, or to any investment manager or advisor. Without limiting the generality of Article III,the foregoing, the Trustees shall have full power and authority:
Appears in 1 contract
Samples: Lasalle Master Trust
Powers. Section 5. Subject to the provisions of this Declaration of TrustDeclaration, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to AMENDED AND RESTATED DECLARATION OF TRUST carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws may adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the Trust; Trust and may amend and repeal them to the extent and as provided in Article IX, Section 7(c) of this Declaration. Subject to the voting power of one or more classes or series of Shares as set forth in this Declaration or in the Bylaws or by resolution of the Board of Trustees, the Trustees may fill vacancies in or add to their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two one or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers power and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians (including foreign custodians) and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder servicing agent, or both; , retain a fund account agent or administrator, or both, provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter or other duly appointed service provider. Without limiting the foregoing, in accordance with the provisions of Article III,Trustees shall have power and authority:
Appears in 1 contract
Samples: Agreement and Declaration of Trust (PIMCO Dynamic Credit Income Fund)
Powers. Section 3. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may fill vacancies in their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more investment advisers or administrators as provided in Section 7 of this Article IV; they may employ one or more custodians of the assets of the Trust trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare , and pay dividends in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and distributions to Shareholders any agent or employee of each Series from the assets of Trust or to any such Series; establish from time to timecustodian or underwriter, in accordance with and they may elect and remove such officers and appoint and terminate such agents as they consider appropriate. Without limiting the provisions of Article III,foregoing, the Trustees shall have power and authority:
Appears in 1 contract
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be under the exclusive and absolute control of the Trustees and shall be managed by the Board Trustees (but with such powers of Trusteesdelegation as may be permitted by this Declaration of Trust, the Bylaws and the Delaware Act), and such Board the Trustees shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities and commodities transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws adopt Bylaws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such Bylaws do not reserve that right to the Shareholders; enlarge or reduce their number; remove any Trustee with or without cause at any time by written instrument signed by at least two-thirds of the number of Trustees prior to such removal, specifying the date when such removal shall become effective, and fill vacancies caused by enlargement of their number or by the death, resignation or removal of a Trustee; elect and remove remove, with or without cause, such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, ; retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders Shareholders; and in general delegate such authority as they consider desirable to any officer of each Series from the assets Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such Series; establish from time custodian, transfer or Shareholder servicing agent, or principal underwriter. Any determination as to time, what is in accordance with the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of Article III,this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trustees shall have the power and authority to cause the Trust (or to act on behalf of the Trust):
Appears in 1 contract
Samples: Campbell Multi-Strategy Trust
Powers. Section 3. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board they shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trustresponsibility. Without limiting the foregoing, the Trustees may: adopt, amend and repeal may adopts By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; they may fill vacancies in their number, including vacancies resulting from increases in their number, and may elect and remove such officers and appoint and terminate such agents as they consider appropriate; they may appoint from their own number number, and establish and terminate terminate, any one or more committees consisting of two or more Trustees, including an executive committee which may, when the Trustees who may are not in session, exercise some or all of the powers and authority of the Board of Trustees to the extent that as the Trustees may determine; they may appoint an advisory board, the members of which shall not be Trustees and need not be Shareholders; they may employ one or more investment advisers or administrators as provided in Section 7 of this Article IV; they may employ one or more custodians of the assets of the Trust trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder Shareholder servicing agent, or both; , provide for the issuance and distribution of Shares by the Trust directly or Trust, through one or more Principal Underwriters principal underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters, and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian or underwriter; declare and pay dividends they may elect and distributions remove such officers and appoint and terminate such agents as they consider appropriate. Without limiting the foregoing, the Trustees shall have power and authority: (a) To invest and reinvest cash, and to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,hold cash uninvested;
Appears in 1 contract
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board of Trustees shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two one or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees 108668,v0.29 determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable federal law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Adviser or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Without limiting the foregoing, the Trust shall have power and authority:
Appears in 1 contract
Samples: Agreement and Declaration (Vanguard Specialized Funds)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in transactions of all kinds on behalf of the Trust. 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal By-By- Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the Trust; elect and remove such officers and appoint and terminate such agents as they consider appropriate; appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; establish from time to time, in accordance with the provisions of Article III,, Section 6 hereof, any Series of Shares, each such Series to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, Investment Manager or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees and unless otherwise specified herein or required by the 1940 Act or other applicable law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees then in office or a majority of any duly constituted committee of Trustees. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee, except as otherwise provided in the 1940 Act. Without limiting the foregoing, the Trust shall have power and authority:
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Samples: Brinson Funds Inc
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board The Trustees shall have all powers necessary or convenient desirable to carry out that responsibility including the power to engage in transactions of all kinds on behalf purposes of the Trust. Trustees, including, without limitation, the powers referred to 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, documents and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the TrustArticle II hereof. Without limiting the generality of the foregoing, the Trustees may: adopt, amend and repeal may adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management conduct of the affairs business of the Trust and may amend and repeal them to the extent that they do not reserve that right to the Interestholders and such By-Laws are deemed to be incorporated and included in this Declaration of Trust; they may fill vacancies in their number, including vacancies resulting from increases in their own number, and may elect and remove such officers and employ, appoint and terminate such employees or agents as they consider appropriate; they may appoint from their own number and establish and terminate any one or more committees consisting of two or more Trustees who committees; they may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Banksecurities, retain a transfer agent or a shareholder and an Interestholder servicing agent, or both; , provide for the issuance and distribution of Shares by Interests through a principal placement agent or otherwise, set record dates, and in general delegate such authority as they consider desirable (including, without limitation, the authority to purchase and sell securities and to invest funds, to determine the net income of the Trust directly or through one or more Principal Underwriters or otherwise; redeemfor any period, repurchase the value of the total assets of the Trust and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; declare and pay dividends and distributions to Shareholders net asset value of each Series from Interest, and to execute such deeds, agreements or other instruments either in the assets name of such Series; establish the Trust or the names of the Trustees or as their attorney or attorneys or otherwise as the Trustees from time to timetime may deem expedient) to any officer of the Trust, in accordance with committee of the provisions Trustees, any such employee, agent, custodian or underwriter or to any Manager. Without limiting the generality of Article III,the foregoing, the Trustees shall have full power and authority:
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Samples: Skandia Master Trust (American Skandia Master Trust)
Powers. Subject to the provisions of this Declaration of Trust, the business of the Trust shall be managed by the Board of Trustees, and such Board shall have all powers necessary or convenient to carry out that responsibility including the power to engage in securities transactions of all kinds on behalf of the Trust. 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, documents contracts and instruments that they may consider desirable, necessary or appropriate in connection with the administration of the Trust. Without limiting the foregoing, the Trustees may: adopt, amend and repeal (i) adopt By-Laws not inconsistent with this Declaration of Trust providing for the regulation and management of the affairs of the TrustTrust and may amend and repeal them to the extent that such By-Laws do not reserve that right to the Shareholders; (ii) elect and remove remove, with or without cause, such officers and appoint and terminate such agents as they consider appropriate; (iii) appoint from their own number and establish and terminate one or more committees consisting of two or more Trustees who which may exercise the powers and authority of the Board of Trustees to the extent that the Trustees determine; (iv) employ one or more custodians of the assets of the Trust and may authorize such custodians to employ subcustodians and to deposit all or any part of such assets in a system or systems for the central handling of securities or with a Federal Reserve Bank, retain a transfer agent or a shareholder servicing agent, or both; (v) provide for the issuance and distribution of Shares by the Trust directly or through one or more Principal Underwriters or otherwise; redeem, repurchase and transfer Shares pursuant to applicable law; set record dates for the determination of Shareholders with respect to various matters; (vi) declare and pay dividends and distributions to Shareholders of each Series from the assets of such Series; (vii) establish from time to time, in accordance with the provisions of Article III,, hereof, any Series (or Class) of Shares, each such Series (or Class) to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purpose; and (viii) in general delegate such authority as they consider desirable to any officer of the Trust, to any committee of the Trustees and to any agent or employee of the Trust or to any such custodian, transfer or shareholder servicing agent, or Principal Underwriter. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust, the presumption shall be in favor of a grant of power to the Trustees. Unless otherwise specified herein or in the By-Laws or required by law, any action by the Board of Trustees shall be deemed effective if approved or taken by a majority of the Trustees present at a meeting of Trustees at which a quorum of Trustees is present, within or without the State of Delaware. Any action required or permitted to be taken at any meeting of the Board of Trustees, or any committee thereof, may be taken without a meeting if all members of the Board of Trustees or committee (as the case may be) consent thereto in writing, and the writing or writings are filed with the minutes of the proceedings of the Board of Trustees, or committee. Without limiting the foregoing, the Trustees shall have the power and authority to cause the Trust (or to act on behalf of the Trust):
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Acp Funds Trust)
