Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 157 contracts
Samples: Agreement and Declaration of Trust (Connetic Venture Capital Access Fund), Agreement and Declaration of Trust (XAI Octagon Floating Rate Alternative Income Term Trust), Agreement and Declaration of Trust (Guggenheim Strategic Opportunities Fund)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph sub-section (d) of this SectionSection 8.4, the types of transactions described in paragraph sub-section (c) of this Section 8.4 shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the each Class of Shares of outstanding (with each affected class or series outstanding, such Class voting as separate classes or seriesseparately thereon), when a Principal Shareholder (as defined in paragraph sub-section (b) of this SectionSection 8.4) is determined by the Trustees to be a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class Class or series of preferred stockSeries, whether now or hereafter authorized, or by any agreement between the Trust and any national securities exchange.
Appears in 82 contracts
Samples: Eaton Vance Multi (Eaton Vance Multi-Sector Income Trust), Agreement and Declaration of Trust (John Hancock Strategic Diversified Income Fund), Agreement and Declaration of Trust (Eaton Vance High Income 2021 Target Term Trust)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Continuing Trustees then in office followed by the affirmative vote or consent of the holders of not less than seventythree-five percent (75%) quarters of the Shares of each affected class Class or series Series outstanding, votes voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class Class or series Series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 25 contracts
Samples: Agreement and Declaration (Calamos Convertible Opportunities & Income Fund), Agreement and Declaration (Calamos Global Total Return Fund), Agreement and Declaration of Trust (Calamos Convertible & High Income Fund)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote or consent of the holders of not less than seventythree-five percent (75%) quarters of the Shares of each affected class or series outstanding, votes voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 25 contracts
Samples: Agreement and Declaration of Trust (Calamos Global Total Return Fund), Agreement and Declaration of Trust (Calamos Long/Short Equity & Dynamic Income Term Trust), Agreement and Declaration of Trust (Calamos Convertible Opportunities & Income Fund)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares of each affected class or series outstanding, voting as separate classes or series, when excluding the Shares of a Principal Shareholder (as defined in paragraph (b) of this Section) when any such Principal Shareholder is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange1aw.
Appears in 23 contracts
Samples: Agreement and Declaration of Trust (Axxes Private Markets Fund), Agreement and Declaration of Trust (AIP Alternative Lending Fund A), Agreement and Declaration of Trust (Morgan Creek Global Equity Long/Short Fund)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote or consent of the holders of not less than seventythree-five percent (75%) quarters of the Shares of each affected class Class or series outstanding, Series outstanding voting as separate classes Classes or seriesSeries, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class Class or series Series of preferred stockShares, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 12 contracts
Samples: Agreement and Declaration of Trust (Pioneer Diversified High Income Trust), Agreement and Declaration of Trust (Pioneer Floating Rate Trust), Agreement and Declaration of Trust (Pioneer High Income Trust)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this SectionSection 11.7, the types of transactions described in paragraph (c) of this Section 11.7 shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares of each affected series or class or series outstanding, voting as separate classes series or seriesclasses, when a Principal Shareholder (as defined in paragraph (b) of this SectionSection 11.7) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any series or class or series of preferred stockshares, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 11 contracts
Samples: Fund Agreement and Declaration (Highland/U.S. Global Infrastructure Fund), Agreement and Declaration of Trust (Evolution U.S. Government Guaranteed Floating Rate Loan Fund a Series of Evolution Investment Trust), Highland Special Situations Fund Ii Agreement (Highland Special Situations Fund II)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares of each affected class or series outstanding, voting as separate classes or series, when excluding the Shares of a Principal Shareholder (as defined in paragraph (b) of this Section) when any such Principal Shareholder is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchangelaw.
Appears in 9 contracts
Samples: Agreement and Declaration of Trust (Morgan Stanley Global Long/Short Fund A), Agreement and Declaration of Trust (Altegris KKR Private Equity Fund), Agreement and Declaration of Trust (Pine Grove Alternative Institutional Fund)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote or consent of the holders of not less than seventythree-five percent (75%) quarters of the Shares of the Trust or, as applicable, each affected class or series outstanding, votes voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 7 contracts
Samples: Agreement and Declaration of Trust (Cushing American Renaissance Fund), Agreement and Declaration of Trust (Cushing MLP Total Return Fund), Agreement and Declaration of Trust (Cushing Renaissance Fund)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this SectionSection 11.7, the types of transactions described in paragraph (c) of this Section 11.7 shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this SectionSection 11.7) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 6 contracts
Samples: Agreement and Declaration of Trust (NexPoint Strategic Opportunities Fund), Real Estate Trust Agreement and Declaration of Trust, Agreement and Declaration of Trust (Nexpoint Diversified Real Estate Trust)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Continuing Trustees then in office followed by the affirmative vote or consent of the holders of not less than seventythree-five percent (75%) quarters of the Shares of each affected class Class or series Series outstanding, votes voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class Class or series Series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 6 contracts
Samples: Agreement and Declaration of Trust (Calamos Strategic Total Return Fund), Agreement and Declaration (Calamos Dynamic Convertible & Income Fund), Agreement and Declaration of Trust (Calamos Convertible & High Income Fund)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) % of the Shares of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (Salient Midstream & MLP Fund), Agreement and Declaration of Trust (SharesPost 100 Fund), Agreement and Declaration of Trust (Ivy High Income Opportunities Fund)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration of Trust and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote or consent of the holders of not less than seventythree-five percent (75%) quarters of the Shares of each affected class or series outstanding, votes voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 5 contracts
Samples: Agreement and Declaration (Evergreen Managed Income Fund), Agreement and Declaration (Evergreen Utilities & High Income Fund), Agreement and Declaration (Evergreen Income Advantage Fund)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration of Trust and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) % of the Shares of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Pertuity Funds), National Retail Fund I (National Retail Fund I), Agreement and Declaration of Trust (National Retail Fund III)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares Units of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder Unitholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares Units otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Cushing MLP Infrastructure Fund II), Agreement and Declaration (Cushing MLP Infrastructure Fund), Agreement and Declaration of Trust (NT Equity Long/Short Strategies Fund)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares of each affected class or series outstandingoutstanding and entitled to vote, voting as separate classes or seriesclasses, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 4 contracts
Samples: Agreement and Declaration (Advantage Advisers Multi - Sector Fund I), Blackrock Municipal 2018 Term Trust, Blackrock New York Municipal 2018 Term Trust
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote or consent of the holders of not less than seventythree-five percent (75%) quarters of the Shares of the Trust or, as applicable, each affected class Class or series Series outstanding, voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Miller/Howard High Income Equity Fund), Agreement and Declaration of Trust (Crow Point Global Dividend Plus Fund), Agreement and Declaration of Trust (Miller/Howard High Income Equity Fund)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration Agreement and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees Directors then in office followed by the affirmative vote of the holders of Members holding not less than seventy-five percent (75%) of the Shares outstanding Units of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder Member (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares Units otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust Company and any national securities exchange.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Zea Capital Fund LLC), Limited Liability Company Agreement (Zea Capital Fund LLC)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stockshares of beneficial interest, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (BlackRock Health Sciences Trust II), BlackRock Capital Allocation Trust
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Continuing Trustees then in office followed by the affirmative vote or consent of the holders of not less than seventythree-five percent (75%) quarters of the Shares of each affected class or series outstanding, votes voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 2 contracts
Samples: Agreement and Declaration (Calamos Long/Short Equity & Dynamic Income Trust), Agreement and Declaration of Trust (Calamos Long/Short Equity & Dynamic Income Trust)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares of each affected class or series outstandingoutstanding and entitled to vote, voting as separate classes or seriesa single class, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Advantage Advisers Multi - Sector Fund I), Agreement and Declaration of Trust (Advantage Advisers Multi - Sector Fund I)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five seventy‑five percent (75%) of the Shares of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Claymore Exchange-Traded Fund Trust 2), Agreement and Declaration of Trust (Claymore Exchange-Traded Fund Trust)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph sub- section (d) of this SectionSection 8.4, the types of transactions described in paragraph sub- section (c) of this Section 8.4 shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the each Class of Shares of outstanding (with each affected class or series outstanding, such Class voting as separate classes or seriesseparately thereon), when a Principal Shareholder (as defined in paragraph sub-section (b) of this SectionSection 8.4) is determined by the Trustees to be a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class Class or series of preferred stockSeries, whether now or hereafter authorized, or by any agreement between the Trust and any national securities exchange.
Appears in 2 contracts
Samples: Agreement and Declaration (Eaton Vance Tax-Managed Global Diversified Equity Income Fund), John Hancock Tax-Advantaged Global Shareholder Yield Fund
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Continuing Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Guggenheim Active Allocation Fund), Agreement and Declaration of Trust (Guggenheim Active Allocation Fund)
Certain Transactions. (a) Notwithstanding any other provision of -------------------- this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 2 contracts
Samples: Blackrock California Municipal Income Trust, Blackrock Florida Municipal Income Trust
Certain Transactions. (a) Notwithstanding any other -------------------- provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 2 contracts
Samples: Blackrock New Jersey Municipal Income Trust, Blackrock Municipal Income Trust
Certain Transactions. (a) Notwithstanding any other provision of this Declaration of Trust and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five fifty percent (7550%) of the Shares of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 1 contract
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this SectionSection 9.5, the types of transactions described in paragraph (c) of this Section 9.5 shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote or consent of the holders of not less than seventythree-five percent (75%) quarters of the Shares of the Trust or, as applicable, each affected class or series Class outstanding, voting as separate classes or seriesclasses, when a Principal Shareholder (as defined in paragraph (b) of this SectionSection 9.5) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (PRISM Multi Strategy Fund)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this SectionSection 11.7, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by and the affirmative vote of the holders of not less than seventy-five 75 percent (75%) of the Shares of each affected class or series sub-class outstanding, voting as separate classes or seriessub-classes, when a Principal Shareholder (as defined in paragraph (b) of this SectionSection 11.7) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series sub-class of preferred stockstock authorized and issued in accordance with Section 6.2 of this Declaration, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Little Harbor MultiStrategy Composite Fund)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stockshares, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (BlackRock Private Credit Fund)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Cbre Global Real Estate Income Fund)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration Agreement and subject to the exceptions provided in paragraph subsection (d) of this SectionSection 6, the types of transactions described in paragraph subsection (c) of this Section 6 shall require the affirmative vote or consent of a majority of the Trustees Directors then in office followed by the affirmative vote or consent of the holders of not less than seventythree-five percent (75%) quarters of the Shares of the Company and each affected class or series Class outstanding, voting as separate classes or seriesClasses, when a Principal Shareholder (as defined in paragraph subsection (b) of this SectionSection 6) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares Shareholders otherwise required by applicable law or by the terms of any class or series Class of preferred stockShares, whether now or hereafter authorized, authorized or any agreement between the Trust Company and any U.S. national or non-U.S. securities exchange.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Usa Reit Fund LLC)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration Certificate of Incorporation and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees Directors then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Common Shares of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Common Shares otherwise required by law or by the terms of any class or series of preferred stocklaw, whether now or hereafter authorized, or any agreement between the Trust Corporation and any national securities exchange.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Crescent Capital BDC, Inc.)
Certain Transactions. (a) Notwithstanding any other provision of this Declaration of Trust and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority Majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares of each affected class or series Series outstanding, voting as separate classes or seriesSeries, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 1 contract
Samples: Amended And (Cushing ETF Trust)
Certain Transactions. (a) Notwithstanding any other provision -------------------- of this Declaration and subject to the exceptions provided in paragraph (d) of this Section, the types of transactions described in paragraph (c) of this Section shall require the affirmative vote or consent of a majority of the Trustees then in office followed by the affirmative vote of the holders of not less than seventy-five percent (75%) of the Shares of each affected class or series outstanding, voting as separate classes or series, when a Principal Shareholder (as defined in paragraph (b) of this Section) is a party to the transaction. Such affirmative vote or consent shall be in addition to the vote or consent of the holders of Shares otherwise required by law or by the terms of any class or series of preferred stock, whether now or hereafter authorized, or any agreement between the Trust and any national securities exchange.
Appears in 1 contract
