Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 133 contracts
Samples: Amended Agreement and Declaration of Trust (Two Roads Shared Trust), Agreement and Declaration of Trust (THOR Financial Technologies Trust), Agreement and Declaration of Trust (Ralph Parks Portfolios Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, including Article VI, no dividend or distribution includingon the Shares of any Series, without limitation, including any distribution paid upon dissolution in connection with termination of the Trust or such Series or any Class of any Series with respect tosuch Series, nor any redemption or repurchase of, the Shares of any such Series or class Class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, nor shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full the sole discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholdersall Shareholders for all purposes.
Appears in 110 contracts
Samples: Agreement (Oppenheimer Global High Yield Fund), Agreement and Declaration of Trust (Oppenheimer Currency Opportunities Fund), Oppenheimer Equity Fund (Oppenheimer Equity Fund Inc)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, including Article VI, no dividend or distribution includingon the Shares of any Series, without limitation, including any distribution paid upon dissolution in connection with termination of the Trust or such Series or any Class of any Series with respect tosuch Series, nor any redemption or repurchase of, the Shares of any such Series or class Class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, nor shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full the sole discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; , and each such determination and allocation shall be conclusive and binding upon the Shareholdersall Shareholders for all purposes.
Appears in 102 contracts
Samples: The Agreement (Federated Hermes Adviser Series), Agreement and Declaration (Stone Ridge Trust VI), Agreement and Declaration of Trust (American Beacon Apollo Total Return Fund)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, nor shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 20 contracts
Samples: Agreement (Nexpoint Real Estate Strategies Fund), Agreement and Declaration (Nexpoint Opportunistic Credit Fund), Agreement and Declaration (Flat Rock Enhanced Income Fund)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution distribution, including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series (or Class) with respect to, nor any redemption or repurchase of, the Shares of any Series (or class Class) shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, nor shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 16 contracts
Samples: Agreement and Declaration (Target Portfolio Trust), Agreement (Prudential Mid Cap Value Fund), Agreement and Declaration (Td Waterhouse Dow 30 Fund)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution distribution, including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series or Class with respect to, nor any redemption or repurchase of, the Shares of any Series or class Class, shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, nor shall any Shareholder of or any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; , and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 15 contracts
Samples: Agreement and Declaration (Metropolitan Series Fund Inc), Agreement and Declaration (Met Investors Series Trust), An Agreement and Declaration of Trust (Securian Funds Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of paid on or in respect to any Series with respect to(or Class), nor any redemption or repurchase of, of the Shares of any Series (or class Class), shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 8 of this Article III, shall any Shareholder of any particular Series Series, otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 14 contracts
Samples: Agreement and Declaration of Trust (Reality Shares ETF Trust), Agreement and Declaration (Schwab Strategic Trust), Agreement and Declaration of Trust (SEI Exchange Traded Funds)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series (or class) with respect to, nor any redemption or repurchase of, the Shares of any Series (or class class) shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 13 contracts
Samples: Agreement and Declaration (Advisors Series Trust), Agreement and Declaration (Franklin International Trust), Agreement and Declaration (Advisors Series Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series (or class) with respect to, nor any redemption or repurchase of, the Shares of any Series (or class class) shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Investment Company Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 11 contracts
Samples: Agreement and Declaration (Sa Funds Investment Trust), Agreement and Declaration (Kit Cole Investment Trust), Agreement and Declaration (Optimum Q Funds)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VIVl, no dividend or distribution distribution, including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series or Class with respect to, nor any redemption or repurchase of, the Shares of any Series or class Class, shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, nor shall any Shareholder of or any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; , and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 9 contracts
Samples: Agreement and Declaration of Trust (Evergreen Select Equity Trust), Agreement and Declaration of Trust (Evergreen Equity Trust /De/), Agreement and Declaration of Trust (Evergreen Municipal Trust /De/)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 6(g) of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 8 contracts
Samples: Agreement and Declaration of Trust (Institutional Investment Strategy Fund), Agreement and Declaration of Trust (List Income Opportunities Fund), Agreement and Declaration (Denali Structured Return Strategy Fund)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, including Article VI, no dividend or distribution includingdistribution, without limitation, including any distribution paid upon dissolution termination of the Trust or of any Series (or Class) with respect to, nor any redemption or repurchase of, the Shares of any Series (or class Class) shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, nor shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 8 contracts
Samples: Agreement and Declaration (Managed Account Series II), Agreement and Declaration (Prudential Series Fund), Agreement and Declaration (Merrill Lynch Global Equity Fund)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series (or Class) with respect to, nor any redemption or repurchase of, the Shares of any Series (or class Class) shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any . No Shareholder of any particular Series shall otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 7 contracts
Samples: Agreement and Declaration (Bridge Builder Trust), Agreement and Declaration (Broadview Funds Trust), Agreement and Declaration of Trust (Loeb & King Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution (including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series Series) with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect belonging to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect belonging to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 7 contracts
Samples: Agreement and Declaration (Professionally Managed Portfolios), Agreement and Declaration (Franklin Government Securities Trust), Agreement and Declaration (Robertson Stephens Investment Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series (or class) with respect to, nor any redemption or repurchase of, the Shares of any Series (or class class) shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any . No Shareholder of any particular Series shall otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 7 contracts
Samples: Agreement and Declaration (Themes ETF Trust), Agreement and Declaration of Trust (Managed Portfolio Series), Agreement and Declaration of Trust (Texas Capital Funds Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of TrustTrust Instrument, including, without limitation, Article VI, no dividend or distribution distribution, including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series or Class with respect to, nor any redemption or repurchase of, the Shares of any Series or class Class, shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, nor shall any Shareholder of or any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; , and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 6 contracts
Samples: Agreement and Declaration of Trust (Total Fund Solution), Agreement and Declaration of Trust (Beacon Pointe Multi-Alternative Fund), Agreement and Declaration of Trust (Cantor Fitzgerald Sustainable Infrastructure Fund)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of paid on or in respect to any Series with respect to(or Class), nor any redemption or repurchase of, of the Shares of any Series (or class Class), shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 8 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (SEI Catholic Values Trust), Agreement and Declaration of Trust (SEI Insurance Products Trust), Agreement and Declaration of Trust (Rimrock Funds Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series or Class with respect to, nor any redemption or repurchase of, the Shares of any Series or class Class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series or Class within such Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Investment Company Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (City National Rochdale Funds), Agreement and Declaration of Trust (Purisima Funds), Agreement (Metropolitan West Funds)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution includingdistribution, including without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; , and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 3 contracts
Samples: Agreement and Declaration (Barrett Funds), Agreement and Declaration (Berwyn Income Fund Inc), Agreement and Declaration (Ingenuity Capital Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, including Article VI, no dividend or distribution includingon the Shares of any Series or Class, without limitation, including any distribution paid upon dissolution in connection with termination of the Trust or such Series or any Class of any Series with respect tosuch Series, nor any redemption or repurchase of, the Shares of any such Series or class Class shall be effected by the Trust other than from the assets held with respect to such SeriesSeries or Class, nor, except as specifically provided in Section 7 of this Article III, nor shall any Shareholder of any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally Class except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other SeriesSeries or Class. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholdersall Shareholders for all purposes.
Appears in 3 contracts
Samples: Agreement (Symmetry Panoramic Trust), 1290 Funds, 1290 Funds
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any redemption or repurchase of, the Shares of any Series or class Class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 2 contracts
Samples: Victory Portfolios Ii (Victory Portfolios II), Agreement and Declaration (Tamarack Funds Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series or Class with respect to, nor any redemption or repurchase of, the Shares of any Series or class Class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Lincoln National Aggressive Growth Fund Inc), Agreement and Declaration (Lincoln Advisors Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions provision of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution includingdistribution, including without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the General Assets of the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; , and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 2 contracts
Samples: Agreement and Declaration (Fort Pitt Capital Funds), Agreement and Declaration (Igam Group Funds)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of provisionsof this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, ,without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any redemption anyredemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets theassets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder anyShareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other anyother Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as hereunderas a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent notinconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and capital;and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Elessar Funds Investment Trust), Agreement and Declaration of Trust (Elessar Funds Investment Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding ------------------------------------------------------ any other provisions of this Declaration of Trust, including, without limitation, including Article VI, no dividend or distribution includingdistribution, without limitation, including any distribution paid upon dissolution termination of the Trust or of any Series (or Class) with respect to, nor any redemption or repurchase of, the Shares of any Series (or class Class) shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, nor shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VIVII, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in this Section 7 6 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Sierra Total Return Fund (Sierra Total Return Fund)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Ranger Funds Investment Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.. Table of Contents
Appears in 1 contract
Samples: Agreement and Declaration of Trust (USCA All Terrain Fund)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series series or class with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the ShareholdersShareholder.
Appears in 1 contract
Samples: Agreement and Declaration (Delaware Group Foundation Funds)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution distribution, including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series (or class) with respect to, nor any redemption or repurchase of, the Shares of any Series (or class class) shall be effected by the Trust other than from the assets held with respect to such Series, nor. In addition, except as specifically provided in Section 7 of this Article III, shall any no Shareholder of any particular Series shall otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Agreement and Declaration (Amivest NFB Funds Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series (or class) with respect to, nor any redemption or repurchase of, the Shares of any Series (or class class) shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 section 8 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Investment Company Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Montgomery Funds Iii
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions provision of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution includingdistribution, including without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article IIIVI, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the General Assets of the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; , and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Agreement and Declaration (Pennsylvania Avenue Funds)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or paid on or in respect of any Series with respect to(or Class), nor any redemption or repurchase of, the Shares of any Series (or class Class) shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 8 of this Article III, shall any Shareholder of any particular Series Series, otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees Directors shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Vantagepoint Funds
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series (or class) with respect to, nor any redemption or repurchase of, the Shares of any Series (or class class) shall be effected by the Trust other than from the assets held with respect to such Series, nor, except . Except as specifically provided in Section 7 of this Article III, shall any no Shareholder of any particular Series shall otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Managed Portfolio Series)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, nor shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of paid on or in respect to any Series with respect toor Class, nor any redemption or repurchase of, of the Shares of any Series or class Class, shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 8 of this Article III, shall any Shareholder of any particular Series Series, otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: PARADIGM Funds Trust
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series or Class with respect to, nor any redemption or repurchase of, the Shares of any Series or class Class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 6 of this Article III, shall any Shareholder of any particular Series or Class within such Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Investment Company Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Agreement and Declaration (City National Rochdale Funds)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series (or class) with respect to, nor any redemption or repurchase of, the Shares of any Series (or class class) shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have 7 full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income or capital gains and which items shall be treated as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Gabelli Money Market Funds
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VIVII, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in this Section 7 8 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this the Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Agreement and Declaration (Grandeur Peak Global Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution (including, without limitation, any distribution paid upon dissolution termination of the Trust or of any Series Series) with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect belonging to such Series, nor, except as specifically provided in Section 7 of this Article III, nor shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect belonging to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (RS Variable Products Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, Section 7, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Tactical Investment Series Trust)
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution of the Trust or of any Series with respect to, nor any redemption or repurchase of, the Shares of any Series or class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 of this Article III, shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.. (d)
Appears in 1 contract
Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including, without limitation, Article VI, no dividend or distribution including, without limitation, any distribution paid upon dissolution in connection with termination of the Trust or of any Series or Class with respect to, nor any redemption or repurchase of, the Shares of any Series or class Class shall be effected by the Trust other than from the assets held with respect to such Series, nor, except as specifically provided in Section 7 6 of this Article III, shall any Shareholder of any particular Series or Class otherwise have any right or claim against the assets held with respect to any other Series or the Trust generally except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Board of Trustees shall have full discretion, to the extent not inconsistent with federal law, including the 1940 Act, to determine which items shall be treated as income and which items as capital; and each such determination and allocation shall be conclusive and binding upon the Shareholders.
Appears in 1 contract
