Common Contracts

50 similar Agreement and Declaration contracts by Flat Rock Core Income Fund, PENN Capital Funds Trust, A3 Alternative Income Fund, others

AGREEMENT AND DECLARATION OF TRUST OF DENALI STRUCTURED RETURN STRATEGY FUND a Delaware Statutory Trust
Agreement and Declaration • March 4th, 2024 • Denali Structured Return Strategy Fund • Delaware

AGREEMENT AND DECLARATION OF TRUST effective as of the 23rd day of October 2023 by the Trustee hereunder, and as amended by the Board effective January 9, 2024. This Agreement and Declaration of Trust shall be effective upon the filing of the Certificate of Trust in the Office of the Secretary of State of the State of Delaware.

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AMENDED AND RESTATED AGREEMENT AND DECLARATION
Agreement and Declaration • October 6th, 2023 • Delaware

Page ARTICLE I NAME AND DEFINITIONS 1 Section 1. Name and Definitions 1 ARTICLE II PURPOSE OF TRUST 2 ARTICLE III SHARES 5 Section 1. Division of Beneficial Interest 5 Section 2. Ownership of Shares 7 Section 3. Investments in the Trust 7 Section 4. Status of Shares and Limitation of Personal Liability 7 Section 5. Power of Board of Trustees to Change Provisions Relating to Shares 7 Section 6. Establishment and Designation of Series 8 Section 7. Indemnification of Shareholders 10 ARTICLE IV THE BOARD OF TRUSTEES 11 Section 1. Number, Election and Tenure 11 Section 2. Effect of Death, Resignation, Removal, etc. of a Trustee 12 Section 3. Powers 12 Section 4. Chairman of the Trustees 13 Section 5. Payment of Expenses by the Trust 13 Section 6. Payment of Expenses by Shareholders 14 Section 7. Ownership of Trust Property 14 Section 8. Service Contracts 14 ARTICLE V SHAREHOLDERS’ VOTING POWERS AND MEETINGS 15 Section 1. Voting Powers 15 Section 2. Meetings 16 Section 3. Quorum and Requ

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF LIST Income Opportunities Fund a Delaware Statutory Trust
Agreement and Declaration • July 26th, 2023 • List Income Opportunities Fund • Delaware

WHEREAS this Trust is authorized to issue its shares of beneficial interest in separate Series, and to issue classes of Shares of any Series or divide Shares of any Series into two or more classes, all in accordance with the provisions hereinafter set forth; and

AGREEMENT AND DECLARATION OF TRUST of Grandeur Peak Global Trust a Delaware Statutory Trust
Agreement and Declaration • February 22nd, 2023 • Grandeur Peak Global Trust • Delaware

AGREEMENT AND DECLARATION OF TRUST made as of this 3rd day of January, 2023 by the Trustees of Grandeur Peak Global Trust, each of whom has executed this Declaration of Trust. This Agreement and Declaration of Trust shall be effective upon the filing of the Certificate of Trust in the office of the Secretary of State of the State of Delaware.

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF Peak Income Plus Fund a Delaware Statutory Trust
Agreement and Declaration • December 5th, 2022 • Peak Income Plus Fund • Delaware

This AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST is effective as of the 15th day of August, 2022 by the Trustees of Peak Income Plus Fund, each of whom has executed this Declaration of Trust.

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of FLAT ROCK EnHANCED INCOME FUND a Delaware Statutory Trust
Agreement and Declaration • October 14th, 2022 • Flat Rock Enhanced Income Fund

WHEREAS, this Trust is a Delaware statutory trust formed pursuant to a Certificate of Trust filed with the Secretary of the State of Delaware on April 19, 2022, as it may be amended from time to time, and the entering into of an Agreement and Declaration of Trust, dated as of April 19, 2022, which Agreement and Declaration of Trust is hereby amended and restated in its entirety;

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF thor financial technologies trust a Delaware Statutory Trust
Agreement and Declaration • August 31st, 2022 • THOR Financial Technologies Trust • Delaware
AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF Opportunistic credit interval Fund a Delaware Statutory Trust
Agreement and Declaration • June 27th, 2022 • Opportunistic Credit Interval Fund • Delaware

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST effective as of the 18th day of June, 2022 by the Trustees hereunder. This Agreement and Declaration of Trust shall be effective upon the filing of the Certificate of Trust in the office of the Secretary of State of the State of Delaware.

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of
Agreement and Declaration • May 12th, 2022 • Destra Multi-Alternative Fund • Delaware

This AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of Destra Multi-Alternative Fund, a Delaware statutory trust, is made as of December 13, 2021 by the undersigned Trustees (together with all other persons from time to time duly elected, qualified and serving as Trustees in accordance with the provisions of Article III hereof, the “Trustees”);

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of THE DFA INVESTMENT TRUST COMPANY a Delaware Statutory Trust (Original Agreement and Declaration of Trust was adopted December 27, 1993 and amended and restated effective June 5, 2009; the...
Agreement and Declaration • February 28th, 2022 • Dfa Investment Trust Co • Delaware

WHEREAS, the Trust was formed by the initial Trustee by the filing of the Certificate of Trust with the Office of the Secretary of State of the State of Delaware on September 11, 1992, pursuant to an Agreement and Declaration of Trust, dated December 27, 1993, as amended and restated to date (the “Original Declaration of Trust”); and

AGREEMENT AND DECLARATION OF TRUST OF A3 Alternative INCOME Fund a Delaware Statutory Trust
Agreement and Declaration • December 23rd, 2021 • A3 Alternative Income Fund • Delaware
AGREEMENT AND DECLARATION OF TRUST OF ALPHA Alternative aSSETS Fund a Delaware Statutory Trust
Agreement and Declaration • October 1st, 2021 • Alpha Alternative Assets Fund • Delaware

AGREEMENT AND DECLARATION OF TRUST made as of the 21st day of July, 2021 by the Trustee hereunder. This Agreement and Declaration of Trust shall be effective upon the filing of the Certificate of Trust in the office of the Secretary of State of the State of Delaware.

AGREEMENT AND DECLARATION OF TRUST OF WONDERFUND TRUST
Agreement and Declaration • May 7th, 2021 • Wonderfund Trust • Delaware

AGREEMENT AND DECLARATION OF TRUST made this 30th day of April, 2021, by the Trustees hereunder, and by the holders of shares of beneficial interest to be issued hereunder as hereinafter provided. This Agreement and Declaration of Trust shall be effective upon the filing of the Certificate of Trust in the office of the Secretary of State of the State of Delaware.

AGREEMENT AND DECLARATION OF TRUST of E-Valuator Funds Trust (a Delaware Statutory Trust)
Agreement and Declaration • December 21st, 2020 • E-Valuator Funds Trust • Delaware
AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of Flat Rock CORE INCOME Fund a Delaware Statutory Trust
Agreement and Declaration • October 7th, 2020 • Flat Rock Core Income Fund
AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of Flat Rock CORE INCOME Fund a Delaware Statutory Trust
Agreement and Declaration • October 5th, 2020 • Flat Rock Core Income Fund

WHEREAS, this Trust is a Delaware statutory trust formed pursuant to a Certificate of Trust filed with the Secretary of the State of Delaware on June 11, 2020, as amended by the Certificate of Amendment filed with the Secretary of the State of Delaware on August 18, 2020, and the entering into of a Declaration of Trust, dated as of June 11, 2020 (which Declaration of Trust is hereby amended and restated in its entirety);

AGREEMENT AND DECLARATION OF TRUST OF EMLES TRUST a Delaware Statutory Trust
Agreement and Declaration • September 4th, 2020 • Emles Trust • Delaware
FORM OF AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of Flat Rock Capital CREDIT Fund a Delaware Statutory Trust
Agreement and Declaration • July 23rd, 2020 • Flat Rock Capital Credit Fund

WHEREAS, this Trust is a Delaware statutory trust formed pursuant to a Certificate of Trust filed with the Secretary of the State of Delaware on June __, 2020 and the entering into of a Declaration of Trust, dated as of June __, 2020 (which Declaration of Trust is hereby amended and restated in its entirety);

AGREEMENT AND DECLARATION OF TRUST of DIMENSIONAL ETF TRUST a Delaware Statutory Trust
Agreement and Declaration • June 26th, 2020 • Dimensional ETF Trust • Delaware

WHEREAS this Trust is being formed to carry on the business of an open-end management investment company as defined in the 1940 Act; and

AGREEMENT AND DECLARATION OF TRUST of Zacks Trust a Delaware Statutory Trust
Agreement and Declaration • July 12th, 2019 • Zacks Trust • Delaware
AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration • June 21st, 2019 • Global Beta ETF Trust • Delaware

WHEREAS this Trust is being formed to carry on the business of an open-end management investment company as defined in the 1940 Act; and

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AGREEMENT AND DECLARATION OF TRUST of QUAKER INVESTMENT TRUST a Delaware Statutory Trust
Agreement and Declaration • August 1st, 2018 • Quaker Investment Trust • Delaware

THIS AGREEMENT AND DECLARATION OF TRUST is made as of this 28th day of June, 2018, by the Trustees hereunder and by the holders of Shares to be issued by Quaker Investment Trust (the "Trust").

AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration • October 23rd, 2017 • Collaborative Investment Series Trust • Delaware
AGREEMENT AND DECLARATION OF TRUST of BLUE TRACTOR ETF TRUST a Delaware Statutory Trust
Agreement and Declaration • September 28th, 2016 • Blue Tractor ETF Trust • Delaware
AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of RiverPark Commercial Real Estate Fund a Delaware Statutory Trust
Agreement and Declaration • September 1st, 2016 • RiverPark Commercial Real Estate Fund • Delaware

AGREEMENT AND DECLARATION OF TRUST made this 11th day of August, 2016, by the Trustee(s) hereunder, and by the holders of shares of beneficial interest to be issued hereunder as hereinafter provided. This Agreement and Declaration of Trust shall be effective upon the filing of the Certificate of Trust in the office of the Secretary of State of the State of Delaware.

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of BBH TRUST a Delaware Statutory Trust
Agreement and Declaration • August 24th, 2016 • BBH Trust • Delaware

AGREEMENT AND DECLARATION OF TRUST amended and restated as of this __th day of June, 2016, by the Trustees hereunder, and by the holders of shares of beneficial interest to be issued hereunder as hereinafter provided.

AGREEMENT AND DECLARATION OF TRUST of OSI ETF TRUST a Delaware Statutory Trust
Agreement and Declaration • July 6th, 2016 • OSI ETF Trust • Delaware

THIS AGREEMENT AND DECLARATION OF TRUST is made as of this 12th day of April, 2016, by the Trustees hereunder and by the holders of Shares to be issued by OSI ETF Trust (the “Trust”), as hereinafter provided.

AGREEMENT AND DECLARATION OF TRUST of FRANKLIN TEMPLETON ETF TRUST a Delaware Statutory Trust
Agreement and Declaration • January 5th, 2016 • Franklin Templeton ETF Trust • Delaware

THIS AGREEMENT AND DECLARATION OF TRUST is made as of this 9th day of October, 2015, by the Trustees hereunder and by the holders of Shares to be issued by Franklin Templeton ETF Trust (the “Trust”), as hereinafter provided.

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of PENN CAPITAL FUNDS TRUST a Delaware Statutory Trust (Original Agreement and Declaration of Trust was adopted August 29, 2014; Amended and Restated Agreement and Declaration of Trust was...
Agreement and Declaration • November 18th, 2015 • PENN Capital Funds Trust • Delaware

THIS AGREEMENT AND DECLARATION OF TRUST is made as of this 21st day of October, 2015, by the Trustees hereunder and by the holders of Shares to be issued by PENN Capital Funds Trust (the “Trust”) hereunder, and (i) incorporates herein and makes a part of this Amended and Restated Agreement and Declaration of Trust the resolutions of the Board of Trustees of the Trust adopted prior to the date set forth above, pursuant to the provisions of the original Agreement and Declaration of Trust dated August 29, 2014 (the “Original Declaration of Trust”), regarding the establishment and designation of Series and/or Classes of the Shares of the Trust, and any amendments or modifications to such resolutions adopted through the date hereof, as of the date of the adoption of each such resolution, and (ii) amends and restates the Original Declaration of Trust pursuant to Article IX, Section 1, of such Original Declaration of Trust, as hereinafter provided.

RESTATED AGREEMENT AND DECLARATION OF TRUST of Resource Credit Income Fund a Delaware Statutory Trust
Agreement and Declaration • April 13th, 2015 • Resource Credit Income Fund • Delaware

RESTATED AGREEMENT AND DECLARATION OF TRUST made as of the 10th day of March 2015, by the Trustees hereunder, and by the holders of Shares issued hereunder, if any, as hereinafter provided.

AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration • November 13th, 2014 • PENN Capital Funds Trust • Delaware

THIS AGREEMENT AND DECLARATION OF TRUST is made as of this 29th day of August, 2014, by the Trustees hereunder and by the holders of Shares to be issued by PENN Capital Funds Trust (the “Trust”), as hereinafter provided.

AGREEMENT AND DECLARATION OF TRUST of ALPHA ARCHITECT ETF TRUST a Delaware Statutory Trust
Agreement and Declaration • October 17th, 2014 • Alpha Architect ETF Trust • Delaware

THIS AGREEMENT AND DECLARATION OF TRUST is made as of this 18th day of July, 2014, by the Trustees hereunder and by the holders of Shares to be issued by Alpha Architect ETF Trust (the “Trust”), as hereinafter provided.

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of American Real Estate Income Fund (f/k/a ARC Real Estate Income Fund) a Delaware Statutory Trust
Agreement and Declaration • February 14th, 2014 • American Real Estate Income Fund • Delaware

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made this 7th day of January 2014 by the Trustee(s) hereunder, and by the holders of shares of beneficial interest to be issued hereunder as hereinafter provided. This Amended and Restated Agreement and Declaration of Trust amends and restates in its entirety the Agreement and Declaration of Trust of the Trust, dated as of March 22, 2011.

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