Common use of Dividends, Distributions, Redemptions, and Repurchases Clause in Contracts

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including Article VI, no dividend or distribution, including any distribution paid 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 shall be effected by the Trust other than from the assets held with respect to such Series, nor shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have 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 all Shareholders for all purposes.

Appears in 7 contracts

Samples: Agreement and Declaration (Milliman Variable Insurance Trust), Agreement and Declaration of Trust (Ivy NextShares), Agreement and Declaration (Ivy Funds)

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Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including Article VI, no dividend or distribution, including any distribution paid in connection with upon 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 shall be effected by the Trust other than from the assets held with respect to such Series, nor shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have the sole discretion, to To the extent not inconsistent with the 1940 Act, to the Trustees shall 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 all the Shareholders for all purposes.

Appears in 5 contracts

Samples: Agreement and Declaration of Trust (Putnam ETF Trust), Agreement and Declaration of Trust (Putnam ETF Trust), Agreement and Declaration of Trust (American Century Etf Trust)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including Article VI, no dividend or distribution, including any distribution paid 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 shall be effected by the Trust other than from the assets held with respect to such Series, nor shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have 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 Shareholders of all Shareholders Series for all purposes.

Appears in 3 contracts

Samples: Agreement and Declaration (Ivy NextShares), Agreement and Declaration of Trust (Ivy Funds Inc), Agreement and Declaration (Ivy Funds Inc)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including Article VI, no dividend or distribution, including any distribution paid in connection with upon termination of the Trust or of any Series (or Class 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 shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have the sole discretion, to To the extent not inconsistent with the 1940 Act, to the Trustees shall 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 all the Shareholders for all purposes.

Appears in 3 contracts

Samples: Agreement (Pgim Etf Trust), PGIM Rock ETF Trust, PGIM Rock ETF Trust

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including Article VI, no dividend or distributiondistribution on Shares, including any distribution paid in connection with liquidation or termination of the Trust Fund or of any Series or Class with respect toClass, nor any redemption or repurchase of, the Shares of any Series or such Class shall be effected by the Trust Fund other than from the assets held with respect to such SeriesClass, nor shall any Shareholder of any particular Series Class otherwise have any right or claim against the assets held with respect to any other Series Class except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other SeriesClass. The Trustees shall have the sole discretion, to the extent not inconsistent with applicable provisions of 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 all Shareholders for all purposes.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Federated Project & Trade Finance Tender Fund), Agreement and Declaration of Trust (Federated Hermes Project & Trade Finance Tender Fund)

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Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including Article VI, no dividend or distributiondistribution on the Shares of any Series, including any distribution paid in connection with termination of the Trust or of any such Series or any Class with respect toof such Series, nor any redemption or repurchase of, the Shares of any such Series or Class shall be effected by the Trust other than from the assets held with respect to such Series, nor shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have the sole 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 all Shareholders for all purposes.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (OWLshares Trust), Goldman Sachs ETF Trust II

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of TrustAgreement, including Article VI, no dividend or distribution, including any distribution paid 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 shall be effected by the Trust other than from the assets held with respect to such Series, nor shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have 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 Shareholders of all Shareholders Series for all purposes.

Appears in 1 contract

Samples: Trust Agreement (Del Rey Global Investors Funds)

Dividends, Distributions, Redemptions, and Repurchases. Notwithstanding any other provisions of this Declaration of Trust, including Article VI, no dividend or distributiondistribution on the Shares of any Series, including any distribution paid in connection with termination of the Trust or of any such Series or any Class with respect toof such Series, nor any redemption or repurchase of, the Shares of any such Series or Class shall be effected by the Trust other than from the assets held with respect to such Series, nor shall any Shareholder of any particular Series otherwise have any right or claim against the assets held with respect to any other Series except to the extent that such Shareholder has such a right or claim hereunder as a Shareholder of such other Series. The Trustees shall have 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 all Shareholders for all purposes.

Appears in 1 contract

Samples: Oppenheimer Global High Yield Fund

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