Common use of Dissolution of Trust or Series Clause in Contracts

Dissolution of Trust or Series. The Trust and each Series shall have perpetual existence, except that the Trust (or a particular Series) shall be dissolved: (a) With respect to the Trust, (i) upon the vote of the holders of not less than a majority of the Shares of the Trust cast, or (ii) at the discretion of the Board of Trustees either (A) at any time there are no Shares outstanding of the Trust, or (B) upon prior written notice to the Shareholders of the Trust; or (b) With respect to a particular Series, (i) upon the vote of the holders of not less than a majority of the Shares of such Series cast, or (ii) at the discretion of the Board of Trustees either (A) at any time there are no Shares outstanding of such Series, or (B) upon prior written notice to the Shareholders of such Series; or (c) With respect to the Trust (or a particular Series), upon the occurrence of a dissolution or termination event pursuant to any other provision of this Declaration of Trust (including Article VIII, Section 2) or the DSTA; or (d) With respect to any Series, upon any event that causes the dissolution of the Trust. Upon dissolution of the Trust (or a particular Series, as the case may be), the Board of Trustees shall (in accordance with Section 3808 of the DSTA) pay or make reasonable provision to pay all claims and obligations of the Trust and/or each Series (or the particular Series, as the case may be), including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust, but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be), such claims and obligations shall be paid or provided for according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including, without limitation, cash, securities or any combination thereof) held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be) shall be distributed to the Shareholders of the Trust and/or each Series of the Trust (or the particular Series, as the case may be) ratably according to the number of Shares of the Trust and/or such Series thereof (or the particular Series, as the case may be) held of record by the several Shareholders on the date for such dissolution distribution; provided, however, that if the Shares of the Trust or a Series are divided into Classes thereof, any remaining assets (including, without limitation, cash, securities or any combination thereof) held with respect to the Trust or such Series, as applicable, shall be distributed to each Class of the Trust or such Series according to the net asset value computed for such Class and within such particular Class, shall be distributed ratably to the Shareholders of such Class according to the number of Shares of such Class held of record by the several Shareholders on the date for such dissolution distribution. Upon the winding up of the Trust in accordance with Section 3808 of the DSTA and its termination, any one (1) Trustee shall execute, and cause to be filed, a certificate of cancellation, with the office of the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the DSTA. Section 2.

Appears in 2 contracts

Samples: Agreement and Declaration (Oppenheimer ETF Trust), Franklin Global Trust

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Dissolution of Trust or Series. The Unless dissolved as provided herein, the Trust and each Series shall have perpetual existence, except that the . The Trust (or a particular Series) shall may be dissolved: (a) With respect to the Trust, (i) upon the dissolved at any time by vote of the holders of not less than a majority of the Shares of the Trust cast, entitled to vote or (ii) at the discretion of by the Board of Trustees either (A) by written notice to the Shareholders. Any Series may be dissolved at any time there are no Shares outstanding by vote of a majority of the Trust, Shares of that Series or (B) upon prior by the Board of Trustees by written notice to the Shareholders of the Trust; or (b) With respect to a particular that Series, (i) upon the vote of the holders of not less than a majority of the Shares of such Series cast, or (ii) at the discretion of the Board of Trustees either (A) at any time there are no Shares outstanding of such Series, or (B) upon prior written notice to the Shareholders of such Series; or (c) With respect to the Trust (or a particular Series), upon the occurrence of a dissolution or termination event pursuant to any other provision of this Declaration of Trust (including Article VIII, Section 2) or the DSTA; or (d) With respect to any Series, upon any event that causes the dissolution of the Trust. Upon dissolution of the Trust (or a particular Series, as the case may be)Trust, the Board of Trustees shall (in accordance with Section ss. 3808 of the DSTADBTA) pay or make reasonable provision to pay all claims and obligations of the Trust and/or each Series (or the particular Series, as the case may be), including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust, Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be)Trust, such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be)Trust, such claims and obligations shall be paid or provided for in accordance with Article III, Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including, including without limitation, cash, securities or any combination thereof) held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be) shall be distributed to the Shareholders of the Trust and/or each such Series of the Trust (or the particular Seriesin accordance with Article III, as the case may be) Section 6, and ratably according to the number of Shares of the Trust and/or such Series thereof (or the particular Series, as the case may be) held of record by the several Shareholders on the record date for such dissolution distribution; provided. Upon dissolution of a particular Series, however, that if the Shares Trustees shall (in accordance with ss. 3808 of the DBTA) pay or make reasonable provision to pay all claims and obligations of the particular Series, including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the particular Series, such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the particular Series, such claims and obligations shall be paid or a Series are divided into Classes thereofprovided for in accordance with Article III, any Section 6, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including, including without limitation, cash, securities or any combination thereof) held with respect to the Trust or such Series, as applicable, particular Series shall be distributed to each Class of the Trust or such Series according to the net asset value computed for such Class and within such particular Class, shall be distributed ratably to the Shareholders of such Class the particular Series in accordance with Article III, Section 6, and ratably according to the number of Shares of such Class the particular Series held of record by the several Shareholders on the record date for such dissolution distribution. Upon the winding up of the Trust in accordance with Section 3808 of the DSTA and its termination, any one (1) Trustee shall execute, and cause to be filed, a certificate of cancellation, with the office of the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the DSTA. Section 2.

Appears in 2 contracts

Samples: Agreement and Declaration (Igam Group Funds), Agreement and Declaration (Fort Pitt Capital Funds)

Dissolution of Trust or Series. The Trust and each Series shall have perpetual existence, except that the Trust (or a particular Series) shall be dissolved: (a) With respect to the Trust, (i) upon the vote of the holders of not less than a majority of the Shares of the Trust cast, or (ii) at the discretion of the Board of Trustees either (A) at any time there are no Shares outstanding of the Trust, or (B) upon prior written notice to the Shareholders of the Trust; or (b) With respect to a particular Series, (i) upon the vote of the holders of not less than a majority of the Shares of such Series cast, or (ii) at the discretion of the Board of Trustees either (A) at any time there are no Shares outstanding of such Series, or (B) upon prior written notice to the Shareholders of such Series; or (c) With respect to the Trust (or a particular Series), upon the occurrence of a dissolution or termination event pursuant to any other provision of this Declaration of Trust (including Article VIII, Section 2) or the DSTA; or (d) With respect to any Series, upon any event that causes the dissolution of the Trust. Upon dissolution of the Trust (or a particular Series, as the case may be), the Board of Trustees shall (in accordance with Section 3808 of the DSTA) pay or make reasonable provision to pay all claims and obligations of the Trust and/or each Series (or the particular Series, as the case may be), including including, without limitation, all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust, but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be), such claims and obligations shall be paid or provided for according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including, without limitation, cash, securities or any combination thereof) held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be) shall be distributed to the Shareholders of the Trust and/or each Series of the Trust (or the particular Series, as the case may be) ratably according to the number of Shares of the Trust and/or such Series thereof (or the particular Series, as the case may be) held of record by the several Shareholders on the date for such dissolution distribution; provided, however, that if the Shares of the Trust or a Series are divided into Classes thereof, any remaining assets (including, without limitation, cash, securities or any combination thereof) held with respect to the Trust or such Series, as applicable, shall be distributed to each Class of the Trust or such Series according to the net asset value computed for such Class and within such particular Class, shall be distributed ratably to the Shareholders of such Class according to the number of Shares of such Class held of record by the several Shareholders on the date for such dissolution distribution. Upon the winding up of the Trust in accordance with Section 3808 of the DSTA and its termination, any one (1) Trustee shall execute, and cause to be filed, a certificate of cancellation, with the office of the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the DSTA. In connection with the dissolution and liquidation of the Trust or the termination of any Series or any Class, the Trustees may provide for the establishmen t and utilization of a liquidating trust or similar vehicle. Section 2.

Appears in 1 contract

Samples: Franklin Templeton International Trust

Dissolution of Trust or Series. The Unless dissolved as provided herein, the Trust and each Series shall have perpetual existence, except that the . The Trust (or a particular Series) shall may be dissolved: (a) With respect to the Trust, (i) upon the dissolved at any time by vote of the holders of not less than a majority of the Shares of the Trust casteach Series entitled to vote, or (ii) at the discretion voting separately by Series, subject to approval of a majority of the Board Trustees or by approval of a majority of the Trustees either (A) by written notice to the Shareholders. Any Series of Shares or Class thereof may be dissolved at any time there are no Shares outstanding by vote of a majority of the TrustShares of that Series or Class entitled to vote, subject to approval by a majority of the Trustees or (B) upon prior by approval of a majority of the Trustees by written notice to the Shareholders of the Trust; that Series of Shares or (b) With respect to a particular Series, (i) upon the vote of the holders of not less than a majority of the Shares of such Series cast, or (ii) at the discretion of the Board of Trustees either (A) at any time there are no Shares outstanding of such Series, or (B) upon prior written notice to the Shareholders of such Series; or (c) With respect to the Trust (or a particular Series), upon the occurrence of a dissolution or termination event pursuant to any other provision of this Declaration of Trust (including Article VIII, Section 2) or the DSTA; or (d) With respect to any Series, upon any event that causes the dissolution of the TrustClass thereof. Upon dissolution of the Trust (or a particular SeriesSeries or Class, as the case may be), the Board of Trustees shall (in accordance with Section 3808 of the DSTADBTA) pay or make reasonable provision to pay all claims claims, charges, taxes, expenses, distributions and obligations of the Trust and/or each Series (or the particular SeriesSeries or Class, as the case may be), including all contingent, conditional or unmatured claims claims, charges, taxes, expenses, liabialities, and obligations known to the Trust, and all claims and obligations which are known to the Trust, Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular SeriesSeries or Class, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular SeriesSeries or Class, as the case may be), such claims and obligations shall be paid or provided for according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefortherefore. Any The Trust shall in accordance with such procedures as the Trustees may consider appropriate reduce the remaining assets of the Trust or if the affected Series or Class distributable in the form of cash or shares (includingif any Series remain) or other securities, without limitation, cash, securities or in any combination thereof) held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be) shall be distributed and distributable proceeds to the Shareholders of the Trust and/or each such Series of the Trust (or the particular SeriesClass involved , as the case may be) ratably according to the number of Shares of the Trust and/or such Series thereof (or the particular Series, as the case may be) Class held of record by the several Shareholders of such Series or Class on the date for such dissolution of distribution; provided. Thereupon, however, that if the Shares of the Trust in any affected Series or a Series are divided into Classes thereofClass shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, any remaining assets (includingand the right, without limitationtitle, cash, securities or any combination thereof) held and interest of all parties with respect to the Trust in such Series or such Series, as applicable, Class shall be distributed to each Class cancelled and discharged. Upon termination of the Trust or such Series according to the net asset value computed for such Class and within such particular ClassTrust, shall be distributed ratably to the Shareholders following completion of such Class according to the number of Shares of such Class held of record by the several Shareholders on the date for such dissolution distribution. Upon the winding up of its business, the Trust in accordance with Section 3808 of the DSTA and its termination, any one (1) Trustee Trustees shall execute, and cause to be filed, a certificate of cancellation, with the office cancellation of the Secretary Trust's Certificate of State of the State of Delaware Trust to be filed in accordance with the provisions DBTA, which certificate of Section 3810 of the DSTA. Section 2cancellation may be signed by any one Trustee.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Lincoln National Aggressive Growth Fund Inc)

Dissolution of Trust or Series. The Trust and each Series shall have perpetual existence, except that the Trust (or a particular Series) shall be dissolved: (a) With respect to the Trust, (i) upon the vote of the holders of not less than a majority of the Shares of the Trust cast, or (ii) at the discretion of the Board of Trustees either (A) at any time there are no Shares outstanding of the Trust, or (B) upon prior written notice to the Shareholders of the Trust; or (b) With respect to a particular Series, (i) upon the vote of the holders of not less than a majority of the Shares of such Series cast, or (ii) at the discretion of the Board of Trustees either (A) at any time there are no Shares outstanding of such Series, or (B) upon prior written notice to the Shareholders of such Series; or (c) With respect to the Trust (or a particular Series), upon the occurrence of a dissolution or termination event pursuant to any other provision of this Declaration of Trust (including Article VIII, Section 2) or the DSTA; or (d) With respect to any Series, upon any event that causes the dissolution of the Trust. Upon dissolution of the Trust (or a particular Series, as the case may be), the Board of Trustees shall (in accordance with Section 3808 of the DSTA) shall pay or make reasonable provision to pay all claims and obligations of the Trust and/or each Series (or the particular Series, as the case may be), including all contingent, conditional conditional, or unmatured claims and obligations known to the Trust, and all claims and obligations which that are known to the Trust, Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be), such claims and obligations shall be paid or provided for according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including, without limitation, cash, securities securities, or any combination thereof) held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be) shall be distributed to the Shareholders of the Trust and/or each Series of the Trust (or the particular Series, as the case may be) ratably according to the number of Shares of the Trust and/or such Series thereof (or the particular Series, as the case may be) held of record by the several Shareholders on the date for such dissolution distribution; provided, however, that if the Shares of the Trust or a Series are divided into Classes thereof, any remaining assets (including, without limitation, cash, securities securities, or any combination thereof) held with respect to the Trust or such Series, as applicable, shall be distributed to each Class of the Trust or such Series according to the net asset value computed for such Class Class, and within such particular Class, shall be distributed ratably to the Shareholders of such Class according to the number of Shares of such Class held of record by the several Shareholders on the date for such dissolution distribution. Upon the completion of the winding up of the Trust in accordance with Section 3808 of the DSTA and its terminationDSTA, any one (1) Trustee shall execute, execute and cause to be filed, filed a certificate of cancellation, cancellation with the office Office of the Secretary of State of the State of Delaware Delaware, in accordance with the provisions of Section 3810 of the DSTA. Section 2.

Appears in 1 contract

Samples: Agreement and Declaration (Dfa Investment Trust Co)

Dissolution of Trust or Series. The Trust and each Series shall have perpetual existence, except that the Trust (or a particular Series) shall be dissolved: (a) With respect to the Trust, (i) upon the vote of the holders of not less than a majority of the Shares of the Trust cast, or (ii) at the discretion of the Board of Trustees either (A) at any time there are no Shares outstanding of the Trust, or (B) upon prior written notice to the Shareholders of the Trust; or (b) With respect to a particular Series, (i) upon the vote of the holders of not less than a majority of the Shares of such Series cast, or (ii) at the discretion of the Board of Trustees either (A) at any time there are no Shares outstanding of such Series, or (B) upon prior written notice to the Shareholders of such Series; or (c) With respect to the Trust (or a particular Series), upon the occurrence of a dissolution or termination event pursuant to any other provision of this Declaration of Trust (including Article VIII, Section 2) or the DSTA; or (d) With respect to any Series, upon any event that causes cause s the dissolution of the Trust. Upon dissolution of the Trust (or a particular Series, as the case may be), the Board of Trustees shall (in accordance with Section 3808 of the DSTA) pay or make reasonable provision to pay all claims and obligations of the Trust and/or each Series (or the particular Series, as the case may be), including including, without limitation, all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust, but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be), such claims and obligations shall be paid or provided for according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including, without limitation, cash, securities or any combination thereof) held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be) shall be distributed to the Shareholders of the Trust and/or each Series of the Trust (or the particular Series, as the case may be) ratably according to the number of Shares of the Trust and/or such Series thereof (or the particular Series, as the case may be) held of record by the several Shareholders on the date for such dissolution distribution; provided, however, that if the Shares of the Trust or a Series are divided into Classes thereof, any remaining assets (including, without limitation, cash, securities or any combination thereof) held with respect to the Trust or such Series, as applicable, shall be distributed to each Class of the Trust or such Series according to the net asset value computed for such Class and within such particular Class, shall be distributed ratably to the Shareholders of such Class according to the number of Shares of such Class held of record by the several Shareholders on the date for such dissolution distribution. Upon the winding up of the Trust in accordance with Section 3808 of the DSTA and its termination, any one (1) Trustee shall execute, and cause to be filed, a certificate of cancellation, with the office of the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the DSTA. In connection with the dissolution and liquidation of the Trust or the termination of any Series or any Class, the Trustees may provide for the establishment and utilization of a liquidating trust or similar vehicle. Section 2.

Appears in 1 contract

Samples: Templeton Funds

Dissolution of Trust or Series. The Unless dissolved as provided herein, the Trust and each Series shall have perpetual existence, except that the . The Trust (or a particular Series) shall may be dissolved: (a) With respect to the Trust, (i) upon the dissolved at any time by vote of the holders of not less than a majority of the Shares of the Trust casteach Series entitled to vote, or (ii) at the discretion voting separately by Series, subject to approval of a majority of the Board Trustees or by approval of a majority of the Trustees either (A) by written notice to the Shareholders. Any Series of Shares or Class thereof may be dissolved at any time there are no Shares outstanding by vote of a majority of the TrustShares of that Series or Class entitled to vote, subject to approval by a majority of the Trustees or (B) upon prior by approval of a majority of the Trustees by written notice to the Shareholders of the Trust; that Series of Shares or (b) With respect to a particular Series, (i) upon the vote of the holders of not less than a majority of the Shares of such Series cast, or (ii) at the discretion of the Board of Trustees either (A) at any time there are no Shares outstanding of such Series, or (B) upon prior written notice to the Shareholders of such Series; or (c) With respect to the Trust (or a particular Series), upon the occurrence of a dissolution or termination event pursuant to any other provision of this Declaration of Trust (including Article VIII, Section 2) or the DSTA; or (d) With respect to any Series, upon any event that causes the dissolution of the TrustClass thereof. Upon dissolution of the Trust (or a particular SeriesSeries or Class, as the case may be), the Board of Trustees shall (in accordance with Section § 3808 of the DSTA) pay or make reasonable provision to pay all claims claims, charges, taxes, expenses, distributions and obligations of the Trust and/or each Series (or the particular SeriesSeries or Class, as the case may be), including all contingent, conditional or unmatured claims claims, charges, taxes, expenses, liabilities, and obligations known to the Trust, and all claims and obligations which are known to the Trust, Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular SeriesSeries or Class, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular SeriesSeries or Class, as the case may be), such claims and obligations shall be paid or provided for according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefortherefore. Any The Trust shall in accordance with such procedures as the Trustees may consider appropriate reduce the remaining assets of the Trust or if the affected Series or Class distributable in the form of cash or shares (includingif any Series remain) or other securities, without limitation, cash, securities or in any combination thereof) held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be) shall be distributed and distributable proceeds to the Shareholders of the Trust and/or each such Series of the Trust (or the particular SeriesClass involved , as the case may be) ratably according to the number of Shares of the Trust and/or such Series thereof (or the particular Series, as the case may be) Class held of record by the several Shareholders of such Series or Class on the date for such dissolution of distribution; provided. Thereupon, however, that if the Shares of the Trust in any affected Series or a Series are divided into Classes thereofClass shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, any remaining assets (includingand the right, without limitationtitle, cash, securities or any combination thereof) held and interest of all parties with respect to the Trust in such Series or such Series, as applicable, Class shall be distributed to each Class cancelled and discharged. Upon termination of the Trust or such Series according to the net asset value computed for such Class and within such particular ClassTrust, shall be distributed ratably to the Shareholders following completion of such Class according to the number of Shares of such Class held of record by the several Shareholders on the date for such dissolution distribution. Upon the winding up of its business, the Trust in accordance with Section 3808 of the DSTA and its termination, any one (1) Trustee Trustees shall execute, and cause to be filed, a certificate of cancellation, with the office cancellation of the Secretary Trust’s Certificate of State of the State of Delaware Trust to be filed in accordance with the provisions DSTA, which certificate of Section 3810 of the DSTA. Section 2cancellation may be signed by any one Trustee.

Appears in 1 contract

Samples: Agreement and Declaration (Lincoln Funds Trust)

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Dissolution of Trust or Series. The Unless dissolved as provided herein, the Trust and each Series shall have perpetual existence, except that the . The Trust (or a particular Series) shall may be dissolved: (a) With respect to the Trust, (i) upon the vote of the holders of not less than a majority of the Shares of the Trust cast, or (ii) dissolved at the discretion any time by approval of the Board of Trustees either (A) by written notice to the Shareholders. Any Series of Shares or Class thereof may be dissolved at any time there are no Shares outstanding by approval of the Trust, or (B) upon prior Board of Trustees by written notice to the Shareholders of the Trust; that Series of Shares or (b) With respect to a particular Series, (i) upon the vote of the holders of not less than a majority of the Shares of such Series cast, or (ii) at the discretion of the Board of Trustees either (A) at any time there are no Shares outstanding of such Series, or (B) upon prior written notice to the Shareholders of such Series; or (c) With respect to the Trust (or a particular Series), upon the occurrence of a dissolution or termination event pursuant to any other provision of this Declaration of Trust (including Article VIII, Section 2) or the DSTA; or (d) With respect to any Series, upon any event that causes the dissolution of the TrustClass thereof. Upon dissolution of the Trust (or a particular SeriesSeries or Class, as the case may be), the Board of Trustees shall (in accordance with Section (S) 3808 of the DSTA) pay or make reasonable provision to pay all claims claims, charges, taxes, expenses, distributions and obligations of the Trust and/or each Series (or the particular SeriesSeries or Class, as the case may be), including all contingent, conditional or unmatured claims claims, charges, taxes, expenses, liabilities, and obligations known to the Trust, and all claims and obligations which are known to the Trust, Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular SeriesSeries or Class, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular SeriesSeries or Class, as the case may be), such claims and obligations shall be paid or provided for according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefortherefore. Any The Trust shall in accordance with such procedures as the Trustees may consider appropriate reduce the remaining assets of the Trust or if the affected Series or Class distributable in the form of cash or shares (includingif any Series remain) or other securities, without limitation, cash, securities or in any combination thereof) held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be) shall be distributed and distributable proceeds to the Shareholders of the Trust and/or each such Series of the Trust (or the particular SeriesClass involved, as the case may be) ratably according to the number of Shares of the Trust and/or such Series thereof (or the particular Series, as the case may be) Class held of record by the several Shareholders of such Series or Class on the date for such dissolution of distribution; provided. Thereupon, however, that if the Shares of the Trust in any affected Series or a Series are divided into Classes thereofClass shall terminate and the Trustees and the Trust shall be discharged of any and all further liabilities and duties relating thereto or arising therefrom, any remaining assets (includingand the right, without limitationtitle, cash, securities or any combination thereof) held and interest of all parties with respect to the Trust in such Series or such Series, as applicable, Class shall be distributed to each Class cancelled and discharged. Upon termination of the Trust or such Series according to the net asset value computed for such Class and within such particular ClassTrust, shall be distributed ratably to the Shareholders following completion of such Class according to the number of Shares of such Class held of record by the several Shareholders on the date for such dissolution distribution. Upon the winding up of its business, the Trust in accordance with Section 3808 of the DSTA and its termination, any one (1) Trustee Trustees shall execute, and cause to be filed, a certificate of cancellation, with the office cancellation of the Secretary Trust's Certificate of State of the State of Delaware Trust to be filed in accordance with the provisions DSTA, which certificate of Section 3810 of the DSTA. Section 2cancellation may be signed by any one Trustee.

Appears in 1 contract

Samples: Agreement and Declaration (Lincoln Advisors Trust)

Dissolution of Trust or Series. The Unless dissolved as provided herein, the Trust and each Series shall have perpetual existence, except that the . The Trust (or a particular Series) shall may be dissolved: (a) With respect to the Trust, (i) upon the dissolved at any time by vote of the holders of not less than a majority of the outstanding Shares of the Trust cast, entitled to vote or (ii) at the discretion of by the Board of Trustees either (A) at any time there are no Shares outstanding of the Trust, or (B) upon prior by written notice to the Shareholders of the Trust; or (b) With respect to a particular Series, (i) upon the Holders. Any Series may be dissolved at any time by vote of the holders of not less than a majority of the outstanding Shares of such the Series cast, or (ii) at the discretion of by the Board of Trustees either (A) at any time there are no Shares outstanding of such Series, or (B) upon prior by written notice to the Shareholders of such Series; or (c) With respect to the Trust (or a particular Series), upon the occurrence of a dissolution or termination event pursuant to any other provision of this Declaration of Trust (including Article VIII, Section 2) or the DSTA; or (d) With respect to any Series, upon any event that causes the dissolution Holders of the TrustSeries. Upon dissolution of the Trust (or a particular Series, as the case may be)Trust, the Board of Trustees shall (in accordance with Section ss. 3808 of the DSTAAct) pay or make reasonable provision to pay all claims and obligations of the Trust and/or each Series (or the particular Series, as the case may be), including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust, Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be)Trust, such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be)Trust, such claims and obligations shall be paid or provided for in accordance with Article III, Section 3.06, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including, including without limitation, cash, securities or any combination thereof) held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be) shall be distributed to the Shareholders Holders of the Trust and/or each such Series of the Trust (or the particular Seriesin accordance with Article III, as the case may be) Section 3.06, and ratably according to the number of outstanding Shares of the Trust and/or such Series thereof (or the particular Series, as the case may be) held of record by the several Shareholders Holders on the record date for such dissolution distribution; provided. Upon dissolution of a particular Series, however, that if the Shares Trustees shall (in accordance with ss. 3808 of the Act) pay or make reasonable provision to pay all claims and obligations of the particular Series, including all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the particular Series, such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the particular Series, such claims and obligations shall be paid or a Series are divided into Classes thereofprovided for in accordance with Article III, any Section 3.06, according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (including, including without limitation, cash, securities or any combination thereof) held with respect to the Trust or such Series, as applicable, particular Series shall be distributed to each Class the Holders of the Trust or such particular Series according to the net asset value computed for such Class in accordance with Article III, Section 3.06, and within such particular Class, shall be distributed ratably to the Shareholders of such Class according to the number of outstanding Shares of such Class the particular Series held of record by the several Shareholders Holders on the record date for such dissolution distribution. Upon the winding up of the Trust in accordance with Section 3808 of the DSTA and its termination, any one (1) Trustee shall execute, and cause to be filed, a certificate of cancellation, with the office of the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the DSTA. Section 2.

Appears in 1 contract

Samples: Agreement and Declaration (Franklin Floating Rate Master Trust)

Dissolution of Trust or Series. The Trust and each Series shall have perpetual existence, except that the Trust (or a particular Series) shall be dissolved: (a) With respect to the Trust, (i) upon the vote of the holders of not less than a majority of the Shares of the Trust cast, or (ii) at the discretion of the Board of Trustees either (A) at any time there are no Shares outstanding of the Trust, or (B) upon prior written notice to the Shareholders of the Trust; or (b) With respect to a particular Series, (i) upon the vote of the holders of not less than a majority of the Shares of such Series cast, or (ii) at the discretion of the Board of Trustees either (A) at any time there are no Shares outstanding of such Series, or (B) upon prior written notice to the Shareholders of such Series; or (c) With respect to the Trust (or a particular Series), upon the occurrence of a dissolution or termination event pursuant to any other provision of this Declaration of Trust (including Article VIII, Section 2) or the DSTA; or (d) With respect to any Series, upon any event that causes the dissolution of the Trust. Upon dissolution of the Trust (or a particular Series, as the case may be), the Board of Trustees shall (in accordance with Section 3808 of the DSTA) pay or make reasonable provision to pay all claims and obligations of the Trust and/or each Series (or the particular SeriesSeries , as the case may be), including including, without limitation, all contingent, conditional or unmatured claims and obligations known to the Trust, and all claims and obligations which are known to the Trust, but for which the identity of the claimant is unknown. If there are sufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be), such claims and obligations shall be paid in full and any such provisions for payment shall be made in full. If there are insufficient assets held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be), such claims and obligations shall be paid or provided for according to their priority and, among claims and obligations of equal priority, ratably to the extent of assets available therefor. Any remaining assets (includingincluding , without limitation, cash, securities or any combination thereof) held with respect to the Trust and/or each Series of the Trust (or the particular Series, as the case may be) shall be distributed to the Shareholders of the Trust and/or each Series of the Trust (or the particular Series, as the case may be) ratably according to the number of Shares of the Trust and/or such Series thereof (or the particular Series, as the case may be) held of record by the several Shareholders on the date for such dissolution distribution; provided, however, that if the Shares of the Trust or a Series are divided into Classes thereof, any remaining assets (including, without limitation, cash, securities or any combination thereof) held with respect to the Trust or such Series, as applicable, shall be distributed to each Class of the Trust or such Series according to the net asset value computed for such Class and within such particular Class, shall be distributed ratably to the Shareholders of such Class according to the number of Shares of such Class held of record by the several Shareholders on the date for such dissolution distribution. Upon the winding up of the Trust in accordance with Section 3808 of the DSTA and its termination, any one (1) Trustee shall execute, and cause to be filed, a certificate of cancellation, with the office of the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the DSTA. In connection with the dissolution and liquidation of the Trust or the termination of any Series or any Class, the Trustees may provide for the establishment and utilization of a liquidating trust or similar vehicle. Section 2.

Appears in 1 contract

Samples: Franklin Gold & Precious Metals Fund

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