Common use of Assets Belonging to Portfolios Clause in Contracts

Assets Belonging to Portfolios. All net consideration received by the Trust for the issuance or sale of Shares of a particular Portfolio or any Classes thereof, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Portfolio and shall irrevocably belong to the Portfolio for all purposes, subject only to the rights of creditors of such Portfolio, and shall be so recorded upon the books of account of the Trust. Such consideration, assets, income, earnings, profits, and proceeds thereof, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items (as hereinafter defined) allocated to that Portfolio as provided in the following sentence, are herein referred to as “assets belonging to” that Portfolio. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Portfolio (collectively “General Items”), the Trustees shall allocate such General Items to, between or among any one or more of the Portfolios established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable. Any General Items so allocated to a particular Portfolio shall belong to that Portfolio. Each such allocation by the Trustees shall be conclusive and binding upon the holders of all Shares of all Portfolios for all purposes.

Appears in 8 contracts

Samples: Agreement and Declaration Of (Advisor Managed Portfolios), Agreement and Declaration of Trust (Trust for Advised Portfolios), Agreement and Declaration of Trust (Trust for Advised Portfolios)

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Assets Belonging to Portfolios. All net Any portion of the Trust Property allocated to a particular Portfolio, and all consideration received by the Trust for the issuance issue or sale of Shares of a particular Portfolio or any Classes thereofsuch Portfolio, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profitsprofits and gains therefrom, and proceeds thereof, including, without limitation, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Portfolio and shall irrevocably belong to the that Portfolio for all purposes, subject only to the rights of creditors of such Portfolio, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Portfolio shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Portfolio of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds thereof, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items (as hereinafter defined) allocated to that Portfolio as provided in the following sentence, are herein referred to collectively as "Portfolio Assets" of such Portfolio, and as assets "belonging to" that Portfolio. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Portfolio (collectively "General Items"), the Trustees shall allocate such General Items to, between or to and among any one or more of the Portfolios established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable. Any ; and any General Items so allocated to a particular Portfolio shall belong to and be part of the Portfolio Assets of that Portfolio. Each such allocation by the Trustees shall be conclusive and binding upon the holders of all Shares Shareholders of all Portfolios for all purposes.

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (Warburg Pincus Trust Ii), Agreement and Declaration of Trust (Alger American Fund), Agreement and Declaration of Trust (Alliance International Fund Inc)

Assets Belonging to Portfolios. All net Any portion of the Trust Property allocated to a particular Portfolio, and all consideration received by the Trust for the issuance issue or sale of Shares of a particular Portfolio or any Classes thereofsuch Portfolio, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profitsprofits and gains therefrom, and proceeds thereof, including, without limitation, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Portfolio and shall irrevocably belong to the that Portfolio for all purposes, subject only to the rights of creditors of such Portfolio, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Portfolio shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Portfolio of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds thereof, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items (as hereinafter defined) allocated to that Portfolio as provided in the following sentence, are herein referred to collectively as "PORTFOLIO ASSETS" of such Portfolio, and as assets belonging to” "BELONGING TO" that Portfolio. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Portfolio (collectively “General Items”"GENERAL ITEMS"), the Trustees shall allocate such General Items to, between or to and among any one or more of the Portfolios established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable. Any ; and any General Items so allocated to a particular Portfolio shall belong to and be part of the Portfolio Assets of that Portfolio. Each such allocation by the Trustees shall be conclusive and binding upon the holders of all Shares Shareholders of all Portfolios for all purposes.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (White Elk Funds), Agreement and Declaration of Trust (White Elk Funds), Agreement and Declaration of Trust (Alger Retirement Fund)

Assets Belonging to Portfolios. All net consideration received by the Trust for the issuance or sale of Shares of a particular Portfolio or any Classes thereof, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares Shareholders of that Portfolio and shall irrevocably belong to the Portfolio for all purposes, subject only to the rights of creditors of such Portfolio, and shall be so recorded upon the books of account of the Trust. Such consideration, assets, income, earnings, profits, and proceeds thereof, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items (as hereinafter defined) allocated to that Portfolio as provided in the following sentence, are herein referred to as “assets belonging to” that Portfolio. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Portfolio (collectively “General Items”), the Trustees shall allocate such General Items to, between or among any one or more of the Portfolios established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable. Any General Items so allocated to a particular Portfolio shall belong to that Portfolio. Each such allocation by the Trustees shall be conclusive and binding upon the holders of all Shares Shareholders of all Portfolios for all purposes.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Intrepid Capital Management Funds Trust), Agreement and Declaration of Trust (Hillier Capital Management Funds Trust), Skyhawk Capital Management Funds Trust

Assets Belonging to Portfolios. All net Any portion of the Trust Property allocated to a particular Portfolio, and all consideration received by the Trust for the issuance issue or sale of Shares of a particular Portfolio or any Classes thereofsuch Portfolio, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profitsprofits and gains therefrom, and proceeds thereof, including, without limitation, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Portfolio and shall irrevocably belong to the that Portfolio for all purposes, subject only to the rights of creditors of such Portfolio, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Portfolio shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Portfolio of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds thereof, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may bepro- ceeds, together with any General Items (as hereinafter defined) allocated to that Portfolio as provided in the following sentence, are herein referred to collectively as "Portfolio Assets" of such Portfolio, and as assets "belonging to" that Portfolio. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, funds or payments which are not readily identifiable as belonging to any particular Portfolio (collectively "General Items"), the Trustees shall allocate such General Items to, between or to and among any one or more of the Portfolios established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable. Any ; and any General Items so allocated to a particular Portfolio shall belong to and be part of the Portfolio Assets of that Portfolio. Each such allocation by the Trustees shall be conclusive and binding upon the holders of all Shares Shareholders of all Portfolios for all purposes.

Appears in 1 contract

Samples: Common Sense Trust (Common Sense Trust)

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Assets Belonging to Portfolios. All net Any portion of the Trust Property allocated to a particular Portfolio, and all consideration received by the Trust for the issuance issue or sale of Shares of a particular Portfolio or any Classes thereofsuch Portfolio, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profitsprofits and gains therefrom, and proceeds thereof, including, without limitation, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Portfolio and shall irrevocably belong to the that Portfolio for all purposes, subject only to the rights of creditors of such Portfolio, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Portfolio shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Portfolio of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds thereof, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items (as hereinafter defined) allocated to that Portfolio as provided in the following sentence, are herein referred to collectively as “Portfolio Assets” of such Portfolio, and as assets belonging to” that Portfolio. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Portfolio (collectively “General Items”), the Trustees shall allocate such General Items to, between or to and among any one or more of the Portfolios established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable. Any ; and any General Items so allocated to a particular Portfolio shall belong to and be part of the Portfolio Assets of that Portfolio. Each such allocation by the Trustees shall be conclusive and binding upon the holders of all Shares Shareholders of all Portfolios for all purposes.

Appears in 1 contract

Samples: Agreement and Declaration (Alger Funds Ii)

Assets Belonging to Portfolios. All net Any portion of the Trust Property allocated to a particular Portfolio, and all consideration received by the Trust for the issuance issue or sale of Shares of a particular Portfolio or any Classes thereofsuch Portfolio, together with all assets in which such consideration is invested or reinvested, all interest, dividends, income, earnings, profitsprofits and gains therefrom, and proceeds thereof, including, without limitation, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall be held by the Trustees in trust for the benefit of the holders of Shares of that Portfolio and shall irrevocably belong to the that Portfolio for all purposes, subject only to the rights of creditors of such Portfolio, and shall be so recorded upon the books of account of the Trust, and the Shareholders of such Portfolio shall not have, and shall be conclusively deemed to have waived, any claims to the assets of any Portfolio of which they are not Shareholders. Such consideration, assets, interest, dividends, income, earnings, profits, gains and proceeds thereof, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, together with any General Items (as hereinafter defined) allocated to that Portfolio as provided in the following sentence, are herein referred to collectively as "Portfolio Assets" of such Portfolio, and as assets belonging to” "BELONGING TO" that Portfolio. In the event that there are any assets, income, earnings, profits, and proceeds thereof, funds, or payments which are not readily identifiable as belonging to any particular Portfolio (collectively “General Items”collectively, "GENERAL ITEMS"), the Trustees shall allocate such General Items to, between or to and among any one or more of the Portfolios established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable. Any ; and any General Items so allocated to a particular Portfolio shall belong to and be part of the Portfolio Assets of that Portfolio. Each such allocation by the Trustees shall be conclusive and binding upon the holders of all Shares Shareholders of all Portfolios for all purposes.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Alger Fund)

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