Common use of Effect of Death, Resignation, etc Clause in Contracts

Effect of Death, Resignation, etc. of a Trustee The death, declination, resignation, retirement, removal, or incapacity of the Trustees, or any of them, shall not operate to annul the Trust or to revoke any existing agency created pursuant to the terms of this Declaration of Trust. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled as provided in Article IV, Section 1, the Trustees in office, regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration of Trust. A written instrument certifying the existence of such vacancy signed by a majority of the Trustees shall be conclusive evidence of such vacancy.

Appears in 6 contracts

Samples: American Century Government Income Trust, American Century International Bond Funds, American Century Investment Trust

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Effect of Death, Resignation, etc. of a Trustee The No vacancy, whether resulting from the death, declination, resignation, retirement, removal, removal or incapacity of any Trustee, an increase in the Trustees, number of Trustees or any of themotherwise, shall not operate to annul or terminate the Trust hereunder or to revoke or terminate any existing agency or contract created or entered into pursuant to the terms of this Declaration of Trust. Whenever a vacancy in the number of Trustees shall occur, until Until such vacancy is filled as provided in Article IV, this Section 14.1., the Trustees in officeoffice (if any), regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration of TrustDeclaration. A written instrument certifying the existence of such vacancy signed by a majority Majority of the Trustees shall be conclusive evidence of the existence of such vacancy.

Appears in 4 contracts

Samples: Agreement and Declaration (Alger Funds Ii), Agreement and Declaration of Trust (Alger Institutional Funds), Agreement and Declaration of Trust (Alger Funds)

Effect of Death, Resignation, etc. of a Trustee The No vacancy, whether resulting from the death, declination, resignation, retirement, removal, removal or incapacity of any Trustee, an increase in the Trustees, number of Trustees or any of themotherwise, shall not operate to annul or terminate the Trust hereunder or to revoke or terminate any existing agency or contract created or entered into pursuant to the terms of this Declaration of TrustDeclaration. Whenever a vacancy in the number of Trustees shall occur, until Until such vacancy is filled as provided in Article IV, this Section 14.1., the Trustees in officeoffice (if any), regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration of TrustDeclaration. A written instrument certifying the existence of such vacancy signed by a majority Majority of the Trustees shall be conclusive evidence of the existence of such vacancy.

Appears in 2 contracts

Samples: Agreement and Declaration (Alger ETF Trust), Agreement and Declaration of Trust (Alger China-Us Growth Fund)

Effect of Death, Resignation, etc. of a Trustee The No vacancy, whether resulting from the death, declination, resignation, retirement, removal, removal or incapacity of any Trustee, an increase in the Trustees, number of Trustees or any of themotherwise, shall not operate to annul or terminate the Trust hereunder or to revoke or terminate any existing agency or contract created or entered into pursuant to the terms of this Declaration of TrustDeclaration. Whenever a vacancy in the number of Trustees shall occur, until Until such vacancy is filled as provided in Article IV, this Section 14.1, the Trustees in officeoffice (if any), regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration of TrustDeclaration. A written instrument certifying the existence of such vacancy signed by a majority Majority of the Trustees shall be conclusive evidence of the existence of such vacancy.

Appears in 1 contract

Samples: Aggressive Growth Fund (JWB Aggressive Growth Fund)

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Effect of Death, Resignation, etc. of a Trustee The No vacancy, whether resulting from the death, declination, resignation, retirement, removal, removal or incapacity of any Trustee, an increase in the Trustees, number of Trustees or any of themotherwise, shall not operate to annul or terminate the Trust hereunder or to revoke or terminate any existing agency or contract created or entered into pursuant to the terms of this Declaration of Trust. Whenever a vacancy in the number of Trustees shall occur, until Until such vacancy is filled as provided in Article IV, Section 1this section 4.1, the Trustees in officeoffice (if any), regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration of TrustDeclaration. A written instrument certifying the existence of such vacancy signed by a majority Majority of the Trustees shall be conclusive evidence of the existence of such vacancy.

Appears in 1 contract

Samples: Axp California Tax-Exempt Trust

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