Common use of Election and Term Clause in Contracts

Election and Term. The Trustees shall be elected by the Shareholders of the Trust at the first meeting of Shareholders or written consent in lieu thereof immediately prior to the initial public offering of Shares of the Trust, and the term of office of any Trustees in office before such election shall terminate at the time of such election. Subject to Section 16(a) of the 1940 Act and to the preceding sentence of this subsection (c), the Trustees shall have the power to set and alter the terms of office of the Trustees, and at any time to lengthen or shorten their own terms or make their terms of unlimited duration, to elect their own successors and, pursuant to subsection (f) of this Section 4.1, to appoint Trustees to fill vacancies; provided that Trustees shall be elected by a Majority Shareholder Vote at any such time or times as the Trustees shall determine that such action is required under Section 16(a) of the 1940 Act or, if not so required, that such action is advisable; and further provided that, after the initial election of Trustees by the Shareholders, the term of office of any incumbent Trustee shall continue until the termination of this Trust or his earlier death, resignation, retirement, bankruptcy, adjudicated incompetency or other incapacity or removal, or if not so terminated, until the election of such Trustee’s successor in office has become effective in accordance with this subsection (c).

Appears in 4 contracts

Samples: Funds Trust (Cushing Mutual Funds Trust), Cushing Funds Trust (Cushing Funds Trust), Funds Trust (Cushing MLP Funds Trust)

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Election and Term. The Trustees shall be elected by the Shareholders of the Trust at the first meeting of Shareholders or written consent in lieu thereof immediately prior to the initial public offering of Shares of the Trust, and the term of office of any Trustees in office before such election shall terminate at the time of such election. Subject to Section 16(a) of the 1940 Act and to the preceding sentence of this subsection (c), the Trustees shall have the power to set and alter the terms of office of the Trustees, and at any time to lengthen or shorten their own terms or make their terms of unlimited duration, to elect their own successors and, pursuant to subsection (f) of this Section 4.1, to appoint Trustees to fill vacancies; provided that Trustees shall be elected by a Majority Shareholder Vote at any such time or times as the Trustees shall determine that such action is required under Section 16(a) of the 1940 Act or, if not so required, that such action is advisable; and further provided that, after the initial election of Trustees by the Shareholders, the term of office of any incumbent Trustee shall continue until the termination of this Trust or his earlier death, resignation, retirement, bankruptcy, adjudicated incompetency or other incapacity or removal, or if not so terminated, until the election of such Trustee’s 's successor in office has become effective in accordance with this subsection (c).

Appears in 4 contracts

Samples: Agreement and Declaration (Van Kampen Partners Trust), Van Kampen Equity Trust, Van Kampen Partners Trust

Election and Term. The Trustees shall be elected by the Shareholders of the Trust at the first meeting of Shareholders or written consent in lieu thereof immediately prior to the initial public offering of Shares of the Trust, and the term of office of any Trustees in office before such election shall terminate at the time of such election. Subject to Section 16(a) of the 1940 Act and to the preceding sentence of this subsection (c), the Trustees shall have the power to set and alter the terms of office of the Trustees, and at any time to lengthen or shorten their own terms or make their terms of unlimited duration, to elect their own successors and, pursuant to subsection (f) of this Section 4.1, to appoint Trustees to fill vacancies; provided PROVIDED, that Trustees shall be elected by a Majority Shareholder Vote at any such time or times as the Trustees shall determine that such action is required under Section 16(a) of the 1940 Act or, if not so required, that such action is advisable; and further provided FURTHER PROVIDED, that, after the initial election of Trustees by the Shareholders, the term of office of any incumbent Trustee shall continue until the termination of this Trust or his earlier death, resignation, retirement, bankruptcy, adjudicated incompetency or other incapacity or removal, or if not so terminated, until the election of such Trustee’s 's successor in office has become effective in accordance with this subsection (c).

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (White Elk Funds), Agreement and Declaration of Trust (White Elk Funds), Agreement and Declaration of Trust (Alger Retirement Fund)

Election and Term. The Trustees shall be elected by the Shareholders of the Trust at the first meeting of Shareholders or written consent in lieu thereof immediately prior to the initial public offering of Shares of the Trust, and the term of office of any Trustees in office before such election shall terminate at the time of such election. Subject to Section 16(al6(a) of the 1940 Act and to the preceding sentence of this subsection (c), the Trustees shall have the power to set and alter the terms of office of the Trustees, and at any time to lengthen or shorten their own terms or make their terms of unlimited duration, to elect their own successors and, pursuant to subsection (f) of this Section 4.1., to appoint Trustees to fill vacancies; provided provided, that Trustees shall be elected by a Majority Shareholder Vote at any such time or times as the Trustees shall determine that such action is required under Section 16(al6(a) of the 1940 Act or, if not so required, that such action is advisable; and further provided provided, that, after the initial election of Trustees by the Shareholders, the term of office of any incumbent Trustee shall continue until the termination of this Trust or his earlier death, resignation, retirement, bankruptcy, adjudicated incompetency or other incapacity or removal, or if not so terminated, until the election of such Trustee’s successor in office has become effective in accordance with this subsection (c).

Appears in 3 contracts

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

Election and Term. The Trustees of the Trust shall be elected by the Shareholders of the Trust at the first a meeting of Shareholders of the Trust (or by written consent in lieu thereof immediately of a meeting) prior to the initial public offering of Shares of the Trust, and the term of office of any Trustees in office before such election shall terminate at the time of such election. Subject to Section 16(a) of the 1940 Act and to the preceding sentence of this subsection (c), the Trustees shall have the power to set and alter the terms of office of the Trustees, and at any time to lengthen or shorten their own terms or make their terms of unlimited duration, to elect their own successors and, pursuant to subsection (f) of this Section 4.1, to appoint Trustees to fill vacancies; provided that Trustees shall be elected by a Majority Shareholder Vote at any such time or times as the Trustees shall determine that such action is required under Section 16(a) of the 1940 Act or, if not so required, that such action is advisable; and further provided that, after the initial election of Trustees by the Shareholders, the term of office of any incumbent Trustee shall continue until the termination of this Trust or his earlier death, resignation, retirement, bankruptcy, adjudicated incompetency or other incapacity or removal, or if not so terminated, until the election of such Trustee’s successor in office has become effective in accordance with this subsection (c)effective.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Leader Funds Trust), Agreement and Declaration of Trust (Chartwell Funds)

Election and Term. The Trustees shall be elected by the Shareholders of the Trust at the first meeting of Shareholders or written consent in lieu thereof therof immediately prior to the initial public offering of Shares of the Trust, and the term of office of any Trustees in office before such election shall terminate at the time of such election. Subject to Section 16(a) of the 1940 Act and to the preceding sentence of this subsection (c), the Trustees shall have the power to set and alter the terms of office of the Trustees, and at any time to lengthen or shorten their own terms or make their terms of unlimited duration, to elect their own successors and, pursuant to subsection (f) of this Section 4.1, to appoint Trustees to fill vacancies; provided that Trustees shall be elected by a Majority Shareholder Vote at any such time or times as the Trustees shall determine that such action is required under Section 16(a) of the 1940 Act or, if not so required, that such action is advisable; and further provided that, after the initial election of Trustees by the Shareholders, the term of office of any incumbent Trustee shall continue until the termination of this Trust or his earlier death, resignation, retirement, bankruptcy, adjudicated incompetency or other incapacity or removal, or if not so terminated, until the election of such Trustee’s 's successor in office has become effective in accordance with this subsection (c).

Appears in 2 contracts

Samples: Trust Agreement (Van Kampen Retirement Strategy Trust), Van Kampen Trust II

Election and Term. The Except for the Trustees named herein or appointed to fill vacancies pursuant to Section 4.1(e) hereof, the Trustees shall be elected by the Shareholders of at a meeting called and held for that purpose for the Trust at the first meeting of Shareholders or written consent terms as provided in lieu thereof immediately prior to the initial public offering of Shares of the Trust, and the term of office of any Trustees in office before such election shall terminate at the time of such electionthis Declaration. Subject to Section 16(a) of the 1940 Act and to except as otherwise provided herein or in the preceding sentence of this subsection (c)By-Laws, the Trustees shall have the power to set and alter the terms of office of the Trustees, and at any time to lengthen or shorten their own terms or make their terms of unlimited duration, to elect appoint their own successors and, pursuant to subsection (fe) of this Section 4.1, to appoint Trustees to fill vacancies; provided provided, that a Trustee or Trustees shall be elected by a Majority Shareholder Vote the Shareholders at any such time or times as the Trustees shall determine that such action is required under Section 16(a) this Declaration of Trust, the By-Laws, the 1940 Act orand the rules and regulations of any securities exchange on which the Shares are listed; and provided, if not so requiredfurther, that such action is advisable; and further provided that, after the initial election of Trustees by the Shareholders, the term of office of any incumbent Trustee shall continue (unless specifically provided otherwise herein or in the By-Laws) until the termination of this Trust or his earlier death, resignation, retirement, bankruptcy, adjudicated incompetency incompetency, or other incapacity or removal, or if not so terminated, until the appointment or election of such Trustee’s successor in office has become effective in accordance with this subsection (c)effective.

Appears in 1 contract

Samples: Agreement and Declaration (John Hancock Financial Opportunities Fund)

Election and Term. The Trustees shall be elected by the Shareholders of the Trust at the first meeting of Shareholders or written consent in lieu thereof immediately prior to the initial public offering of Shares of the Trust, . and the term of office of any Trustees in office before such election shall terminate at the time of such election. Subject to Section 16(a) of the 1940 Act and to the preceding sentence of this subsection (c), the Trustees shall have the power to set and alter the terms of office of the Trustees, and at any time to lengthen or shorten their own terms or make their terms of unlimited duration, to elect their own successors and, pursuant to subsection (f) of this Section 4.1., to appoint Trustees to fill vacancies; provided provided, that Trustees shall be elected by a Majority Shareholder Vote at any such time or times as the Trustees shall determine that such action is required under Section 16(a) of the 1940 Act or, or if not so required, that such action is advisable; and further provided thatprovided, that after the initial election of Trustees by the Shareholders, . the term of office of any incumbent Trustee shall continue until the termination of this Trust or his earlier death, resignation, retirement, bankruptcy, adjudicated incompetency or other incapacity or removal, or if not so terminated, until the election of such Trustee’s successor in office has become effective in accordance with this subsection (c).

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Alger Funds)

Election and Term. The Trustees shall be elected by the Shareholders of the Trust at the first meeting of Shareholders or written consent in lieu thereof immediately prior to the initial public offering of Shares of the Trust, and the term of office of any Trustees in office before such election shall terminate at the time of such election. Subject to Section 16(a) of the 1940 Act and to the preceding sentence of this subsection SUBSECTION (cC), the Trustees shall have the power to set and alter the terms of office of the Trustees, and at any time to lengthen or shorten their own terms or make their terms of unlimited duration, to elect their own successors and, pursuant to subsection SUBSECTION (fF) of this Section SECTION 4.1, to appoint Trustees to fill vacancies; provided PROVIDED, that Trustees shall be elected by a Majority Shareholder Vote at any such time or times as the Trustees shall determine that such action is required under Section 16(a) of the 1940 Act or, if not so required, that such action is advisable; and further provided FURTHER PROVIDED, that, after the initial election of Trustees by the Shareholders, the term of office of any incumbent Trustee shall continue until the termination of this Trust or his earlier death, resignation, retirement, bankruptcy, adjudicated incompetency or other incapacity or removal, or if not so terminated, until the election of such Trustee’s 's successor in office has become effective in accordance with this subsection SUBSECTION (cC).

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Global China Growth Fund)

Election and Term. The Trustees shall be elected by the Shareholders of the Trust at the first meeting of Shareholders or written consent in lieu thereof immediately prior to the initial public offering of Shares of the Trust, and the term of office of any Trustees in office before such election shall terminate at the time of such election. Subject to Section 16(a) of the 1940 Act and to the preceding sentence of this subsection (c), the Trustees shall have the power to set and alter the terms of office of the Trustees, and at any time to lengthen or shorten their own terms or make their terms of unlimited duration, to elect their own successors and, pursuant to subsection (f) of this Section 4.1, to appoint Trustees to fill vacancies; provided provided, that Trustees shall be elected by a Majority Shareholder Vote at any such time or times as the Trustees shall determine that such action is required under Section 16(a) of the 1940 Act or, if not so required, that such action is advisable; and further provided provided, that, after the initial election of Trustees by the Shareholders, the term of office of any incumbent Trustee shall continue until the termination of this Trust or his earlier death, resignation, retirement, bankruptcy, adjudicated incompetency or other incapacity or removal, or if not so terminated, until the election of such Trustee’s Trustees successor in office has become effective in accordance with this subsection (c).

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Alliance International Fund Inc)

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Election and Term. The Trustees shall be elected by the Shareholders of the Trust at the first meeting of Shareholders or written consent in lieu thereof immediately prior to the initial public offering of Shares of the Trust, and the term of office of any Trustees trustees in office before such election shall terminate at the time of such election. Subject to Section 16(a) of the 1940 Act and to the preceding sentence of this subsection (c), the Trustees shall have the power to set and alter the terms of office of the Trustees, and at any time to lengthen or shorten their own terms or make their terms of unlimited duration, to elect their own successors and, pursuant to subsection (f) of this Section 4.1, to appoint Trustees Trustees, to fill vacancies; provided PROVIDED, that Trustees shall be elected by a Majority Shareholder Vote at any such time or times as the Trustees shall determine that such action is required under Section 16(a) of the 1940 Act or, ; if not so required, that such action is advisable; and further provided FURTHER PROVIDED, that, after the initial election of Trustees by the Shareholders, the term of office of any incumbent Trustee shall continue until the termination of this Trust or his earlier death, resignation, retirement, bankruptcy, adjudicated incompetency or other incapacity or removal, or if not so terminated, until the election of such Trustee’s 's successor in office has become effective in accordance with this subsection (c).

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Alger Fund)

Election and Term. The Trustees shall be elected by the Shareholders of the Trust at the first meeting of Shareholders or written consent in lieu thereof immediately prior to the initial public offering of Shares of the Trust, and the term of office of any Trustees in office before such election shall terminate at the time of such election. Subject to Section 16(a) of the 1940 Act and to the preceding sentence of this subsection (c), the Trustees shall have the power to set and alter the terms of office of the Trustees, and at any time to lengthen or shorten their own terms or make their terms of unlimited duration, to elect their own successors and, pursuant to subsection (f) of this Section 4.1, to appoint Trustees to fill vacancies; provided provided, that Trustees shall be elected by a Majority Shareholder Vote at any such time or times as the Trustees shall determine that such action is required under Section 16(a) of the 1940 Act or, if not so required, that such action is advisable; and further provided provided, that, after the initial election of Trustees by the Shareholders, the term of office of any incumbent Trustee shall continue until the termination of this Trust or his earlier death, resignation, retirement, bankruptcy, adjudicated incompetency or other incapacity or removal, or if not so terminated, until the election of such Trustee’s 's successor in office has become effective in accordance with this subsection (c).

Appears in 1 contract

Samples: Alliance International Fund

Election and Term. The Trustees shall be elected by the ----------------- Shareholders of the Trust at the first meeting of Shareholders or written consent in lieu thereof immediately prior to the initial public offering of Shares of the Trust, and the term of office of any Trustees in office before such election shall terminate at the time of such election. Subject to Section 16(a) of the 1940 Act and to the preceding sentence of this subsection (c), the Trustees shall have the power to set and alter the terms of office of the Trustees, and at any time to lengthen or shorten their own terms or make their terms of unlimited duration, to elect their own successors and, pursuant to subsection (f) of this Section 4.1, to appoint Trustees to fill vacancies; provided provided, that -------- Trustees shall be elected by a Majority Shareholder Vote at any such time or times as the Trustees shall determine that such action is required under Section 16(a) of the 1940 Act or, if not so required, that such action is advisable; and further provided provided, that, after the ------- -------- initial election of Trustees by the Shareholders, the term of office of any incumbent Trustee shall continue until the termination of this Trust or his earlier death, resignation, retirement, bankruptcy, adjudicated incompetency or other incapacity or removal, or if not so terminated, until the election of such Trustee’s successor in office has become effective in accordance with this subsection (c).of

Appears in 1 contract

Samples: Winthrop Focus Funds

Election and Term. The current Trustees of the Trust shall be elected by the Shareholders of the Trust at the first meeting of Shareholders or written consent in lieu thereof immediately prior to the initial public offering of Shares of the Trust, and the term terms of office of any Trustees in office before such election shall terminate at the time of such election. Subject to Section 16(a) of the 1940 Act and to the preceding sentence of this subsection (c), the Trustees shall have the power to set and alter the terms of office of the Trustees, and at any time to lengthen or shorten their own terms or make their terms of unlimited duration, to elect their own successors and, pursuant to subsection (f) of this Section 4.1, to appoint Trustees to fill vacancies; provided that Trustees shall be elected by a Majority Shareholder Vote at any such time or times as the Trustees shall determine that such action is required under Section 16(a) of the 1940 Act or, if not so required, that such action is advisable; and further provided that, after the initial election of Trustees by the Shareholders, the term of office of any incumbent Trustee shall continue until the termination of this Trust or his earlier death, resignation, retirement, bankruptcy, adjudicated incompetency or other incapacity or removal, or if not so terminated, until the election of such Trustee’s 's successor in office has become effective in accordance with this subsection (c)effective.

Appears in 1 contract

Samples: 361 Social Infrastructure Fund

Election and Term. The Trustees shall be elected by the Shareholders of the Trust at the first meeting of Shareholders or written consent in lieu thereof immediately prior to the initial public offering of Shares of the Trust, and the term of office of any Trustees in office before such election shall terminate at the time of such election. Subject to Section 16(a) of the 1940 Act and to the preceding sentence of this subsection (c), the Trustees shall have the power to set and alter the terms of office of the Trustees, and at any time to lengthen or shorten their own terms or make their terms of unlimited duration, to elect their own successors and, pursuant to subsection (f) of this Section 4.1, 4.1 to appoint Trustees to fill vacancies; provided PROVIDED, that Trustees shall be elected by a Majority Shareholder Vote at any such time or times as the Trustees shall determine that such action is required under Section 16(a) of the 1940 Act or, if not so required, that such action is advisable; and further provided PROVIDED, that, after the initial election of Trustees by the Shareholders, the term of office of any incumbent Trustee shall continue until the termination of this Trust or his earlier death, resignation, retirement, bankruptcy, adjudicated incompetency or other incapacity or removal, or if not so terminated, until the election of such Trustee’s 's successor in office has become effective in accordance with this subsection (c).

Appears in 1 contract

Samples: Spectra Fund (Spectra Fund Inc)

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