Common use of Establishment and Designation of Classes Clause in Contracts

Establishment and Designation of Classes. As contemplated by Section 3.1, the variations in the relative rights and preferences as between the Classes of Shares shall be fixed and determined by the Trustees; provided, that all Shares of the Fund or of any Class shall be identical to all other Shares of the Fund of the same Class, as the case may be, except that, to the extent permitted by the 1940 Act, there may be variations between different Classes as to allocation of expenses, right of redemption, special and relative rights and preferences as to dividends and distributions and on liquidation, conversion rights, and conditions under which the several Classes shall have separate voting rights. Any Class of Preferred Stock shall have such rights and preferences and priorities over the Common Stock as may be established by the terms thereof. All references to Shares in this Declaration shall be deemed to be Shares of any or all Classes as the context may require. The following provisions shall be applicable to any division of Shares of the Fund into one or more Classes:

Appears in 1 contract

Samples: Agreement and Declaration (Voya Enhanced Securitized Income Fund)

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Establishment and Designation of Classes. As contemplated by Section 3.1, the variations in the relative rights and preferences as between the any Classes of Common Shares and any potential Preferred Shares shall be fixed and determined by the Trustees; provided, that all Common Shares or Preferred Shares of the Fund or of any Class Series shall be identical to all other Common Shares or Preferred Shares of the Fund or of the same ClassSeries, as the case may be, except that, to the extent permitted by the 1940 Act, there may be variations between different Classes as to allocation of expenses, right rights of redemption, special and relative rights and preferences as to dividends and distributions and on liquidation, conversion rights, and conditions under which the several Classes shall have separate voting rights. Any Class of Preferred Stock Shares shall have such rights and preferences and priorities over the Common Stock Shares as may be established by the terms thereof. All references to Shares in this Declaration shall be deemed to be Shares of any or all Classes as the context may require. The following provisions shall be applicable to any division of Shares of the Fund into one or more ClassesClasses or Series:

Appears in 1 contract

Samples: Pomona Investment Fund

Establishment and Designation of Classes. As contemplated by Section 3.1, the variations in the relative rights and preferences as between the Classes of Shares Common Stock and Preferred Stock shall be fixed and determined by the Trustees; provided, that all Shares Common Stock or Preferred Stock of the Fund or of any Class Series shall be identical to all other Common Shares of the Fund or Preferred Stock of the same ClassSeries, as the case may be, except that, to the extent permitted by the 1940 Act, there may be variations between different Classes as to allocation of expenses, right of redemption, special and relative rights and preferences as to dividends and distributions and on liquidation, conversion rights, and conditions under which the several Classes shall have separate voting rights. Any Class of Preferred Stock shall have such rights and preferences and priorities over the Common Stock as may be established by the terms thereof. All references to Shares in this Declaration shall be deemed to be Shares of any or all Classes as the context may require. The following provisions shall be applicable to any division of Shares of the Fund into one or more ClassesClasses or Series:

Appears in 1 contract

Samples: Agreement and Declaration (Ing Pilgrim Senior Income Fund)

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Establishment and Designation of Classes. As contemplated by Section 3.16.1, the variations in the relative rights and preferences as between the any Classes of common Shares and any potential preferred Shares shall be fixed and determined by the Trustees; provided, that all common Shares or preferred Shares of the Fund or of any Class Trust shall be identical to all other common Shares or preferred Shares of the Fund of the same ClassTrust, as the case may be, except that, to the extent permitted by the 1940 Act, there may be variations between different Classes as to allocation of expenses, right rights of redemption, special and relative rights and preferences as to dividends and distributions and on liquidation, conversion rights, and conditions under which the several Classes shall have separate voting rights. Any Class of Preferred Stock preferred Shares shall have such rights and preferences and priorities over the Common Stock common Shares as may be established by the terms thereof. All references to Shares in this Declaration shall be deemed to be Shares of any or all Classes as the context may require. The following provisions shall be applicable to any division of Shares of the Fund Trust into one or more ClassesClasses or Series:

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Pine Grove Alternative Institutional Fund)

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