Common use of Action by the Trustees Clause in Contracts

Action by the Trustees. The Trustees shall act by majority vote at a meeting duly called or, unless the 1940 Act requires that a particular action be taken only at a meeting at which the Trustees are present in person, by written consent of Trustees having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all Trustees entitled to vote thereon were present and voted, or by telephone meeting or a meeting held by other means of remote communication. At any meeting of the Trustees, one-third (1/3) of the Trustees then in office shall constitute a quorum. Regular meetings of the Trustees may be held at such times and places as the Trustees may from time to time determine, and if so determined, notices thereof need not be given. Special meetings of the Trustees may be called orally or in writing by the President or by a majority of the Trustees. Notice of the time, date and place of all meetings of the Trustees shall be given in advance of the meetings by telephone, mail, Electronic Transmission or as otherwise provided in the By-laws or permitted by applicable law. Notice need not be given to any Trustee who attends a meeting without objecting to the lack of notice or who executes a written waiver of notice with respect to the meeting, whether before or after the meeting. Subject to the requirements of the 1940 Act, the Trustees by majority vote may delegate to any one or more of their number their authority to approve particular matters or take particular actions on behalf of the Trust. Written consents or waivers of the Trustees may be executed in one or more counterparts. Execution of a written consent or waiver and delivery thereof to the Trust may be accomplished by Electronic Transmission.

Appears in 3 contracts

Samples: Agreement and Declaration (Principal Private Credit Fund I), Agreement and Declaration of Trust (Principal Diversified Select Real Asset Fund), Agreement and Declaration of Trust (Principal Exchange-Traded Funds)

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Action by the Trustees. The In any action taken by the Trustees hereunder, unless otherwise specified, the Trustees shall act by majority vote at a meeting duly called orat which a quorum is present, by written consent without a meeting signed by a majority of the Trustees, or by telephonic meeting provided a quorum of Trustees participate in any such telephone meeting, unless the 1940 Act requires that a particular action be taken only at a meeting at which the Trustees are present in person, by written consent of Trustees having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all Trustees entitled to vote thereon were present and voted, or by telephone meeting or a meeting held by other means of remote communication. At any meeting of the Trustees, one-third (1/3) a majority of the Trustees then in office shall constitute a quorum. Regular meetings of the Trustees may be held at such times and places as the Trustees may from time to time determine, and if so determined, notices thereof need not be given. Special meetings Meetings of the Trustees may be called orally or in writing by the President Chairman of the Board of Trustees or by a majority of the any two other Trustees. Notice of the time, date and place of all meetings of the Trustees shall be given by the person calling the meeting to each Trustee by telephone, facsimile or other electronic mechanism sent to his home or business address at least twenty-four hours in advance of the meetings meeting or by telephone, mail, Electronic Transmission written notice mailed to his home or as otherwise provided business address at least seventy-two hours in advance of the By-laws or permitted by applicable lawmeeting. Notice need not be given to any Trustee who attends a the meeting without objecting to the lack of notice or who executes a written waiver of notice with respect to the meeting. Any meeting conducted by telephone shall be deemed to take place at the principal office of the Trust, whether before as determined by the Bylaws or after by the meetingTrustees. Subject to the requirements of the 1940 Act, the Trustees by majority vote may delegate to any one or more of their number their authority to approve particular matters or take particular actions on behalf of the Trust. Written consents or waivers of the Trustees may be executed in 8 86 one or more counterparts. Execution of a written consent or waiver and delivery thereof to the Trust may be accomplished by Electronic Transmission.facsimile or other similar electronic mechanism. SECTION 4.05

Appears in 2 contracts

Samples: And Termination Agreement and Plan of Conversion (Victory Portfolios), And Termination Agreement and Plan of Conversion (Victory Portfolios)

Action by the Trustees. The Trustees shall act by majority vote at a meeting duly called or(including at a telephonic meeting, unless the 1940 Act requires that a particular action be taken only at a meeting at which the Trustees are present in person, ) at which a quorum is present or by written consent of a majority of the Trustees having not less than the minimum (or such greater number of votes that would as may be necessary to authorize or take such action at required by applicable law) without a meeting at which all Trustees entitled to vote thereon were present and voted, or by telephone meeting or a meeting held by other means of remote communicationmeeting. At any meeting of the Trustees, one-third (1/3) a majority of the Trustees then in office shall constitute a quorum. Regular meetings of the Trustees may be held at such times and places as the Trustees may from time to time determine, and if so determined, notices thereof need not be given. Special meetings Meetings of the Trustees may be called orally or in writing by the President Chairman (as defined below) or by a majority of the any two (2) other Trustees. Notice of the time, date and place of all meetings of the Trustees shall be given by the party calling the meeting to each Trustee by telephone, facsimile or other electronic mechanism sent to his home or business address at least twenty-four (24) hours in advance of the meetings meeting or by telephone, mail, Electronic Transmission written notice mailed to his home or as otherwise provided business address at least seventy-two (72) hours in advance of the By-laws or permitted by applicable lawmeeting. Notice need not be given to any Trustee who attends a the meeting without objecting to the lack of notice or who executes a written waiver of notice with respect to the meeting. Any meeting conducted by telephone shall be deemed to take place at the principal office of the Trust, whether before as determined by the By-Laws or after by the meetingTrustees. Subject to the requirements of the 1940 Act, the Trustees by majority vote may delegate to any one or more of their number their authority to approve particular matters or take particular actions on behalf of the Trust. Written consents or waivers of the Trustees may be executed in one or more counterparts. Execution of a written consent or waiver and delivery thereof to the Trust may be accomplished by Electronic Transmissionfacsimile or other similar electronic mechanism. Written consents must be filed with the records of the meetings of the Trustees. Any committee of the Trustees, including an executive committee, if any, may act with or without a meeting. A quorum for all meetings of any such committee shall be one-third of the members thereof. Unless provided otherwise in this Trust Instrument, any action of any such committee may be taken at a meeting by vote of a majority of the members present (a quorum being present) or without a meeting by written consent of all of the members. With respect to actions of the Trustees and any committee of the Trustees, Trustees who are Interested Persons in any action to be taken may be counted for quorum purposes under this Section and shall be entitled to vote to the extent not prohibited by the 1940 Act. For any committee of the Trustees composed of one Trustee, a quorum shall be one.

Appears in 2 contracts

Samples: Agreement and Declaration (Us Global Investors Funds), Advisorshares Trust (AdvisorShares Trust)

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Action by the Trustees. The Except as expressly provided in this Declaration, the Trustees shall act by majority vote at a meeting duly called orat which a quorum is present, unless the 1940 Act requires that a particular action be taken only at including a meeting at held by conference telephone, teleconference or other electronic media or communication equipment by means of which all persons participating in the Trustees are present in person, meeting can communicate with each other; or by written consent of a majority of Trustees having not less than the minimum (or such greater number of votes that would as may be necessary to authorize or take such action at required by applicable law) without a meeting at which all Trustees entitled to vote thereon were present and voted, or by telephone meeting or a meeting held by other means of remote communicationmeeting. At any meeting of the Trustees, one-third (1/3) A majority of the Trustees then in office shall constitute a quorumquorum at any meeting. Regular meetings Meetings of the Trustees may be held at such times and places as the Trustees may from time to time determine, and if so determined, notices thereof need not be given. Special meetings of the Trustees may be 12966669/2 called orally or in writing by the President or by a majority any one of the TrusteesTrustees or as set forth in the By-Laws. Notice of the time, date and place of all Trustees’ meetings of the Trustees shall be given in advance of the meetings by telephone, mail, Electronic Transmission or to each Trustee as otherwise provided set forth in the By-laws Laws; provided, however, that no notice is required if the Trustees provide for regular or permitted by applicable lawstated meetings. Notice need not be given to any Trustee who attends a the meeting without objecting to the lack of notice or who executes signs a written waiver of notice with respect to the meeting, whether either before or after the meeting. Subject to the requirements of the 1940 ActExcept as expressly provided in this Agreement, the Trustees by majority vote may delegate to any one Trustee or more of their number their Trustees or committee authority to approve particular matters or take particular actions on behalf of the Trust. Written consents or waivers of the Trustees may be executed in one or more counterparts. Execution of a Any written consent or waiver may be provided and delivery thereof delivered to the Trust may by facsimile or other similar electronic mechanism. A Trustee who with respect to the Trust is not an Interested Person shall be accomplished by Electronic Transmissiondeemed to be independent and disinterested when making any determinations or taking any action as a Trustee, whether pursuant to the 1940 Act, the Delaware Act or otherwise.

Appears in 1 contract

Samples: Agreement and Declaration (Calamos Dynamic Convertible & Income Fund)

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