Establishment and Designation of Series. The establishment and designation of any Series or class of Shares shall be effective upon the resolution by a majority of the then Board of Trustees, adopting a resolution which sets forth such establishment and designation and the relative rights and preferences of such Series or class. Each such resolution shall be incorporated herein by reference upon adoption. Each Series shall be separate and distinct from any other Series and shall maintain separate and distinct records on the books of the Trust, and the assets and liabilities belonging to any such Series shall be held and accounted for separately from the assets and liabilities of the Trust or any other Series. Shares of each Series or class established pursuant to this Section 6, unless otherwise provided in the resolution establishing such Series, shall have the following relative rights and preferences:
Establishment and Designation of Series. The establishment and designation of any Series (or Class) of Shares shall be effective upon the adoption by a majority of the then Trustees of a resolution that sets forth such establishment and designation and the relative rights and preferences of such Series (or Class), whether directly in such resolution or by reference to another document including, without limitation, any registration statement of the Trust, or as otherwise provided in such resolution. Shares of each Series (or Class) established pursuant to this Article III, unless otherwise provided in the resolution establishing such Series, shall have the following relative rights and preferences:
Establishment and Designation of Series. Unless the Board of Trustees shall specify another time, the establishment and designation of any Series or class of Shares shall be effective upon the adoption of a resolution by a majority of the then Board of Trustees, which sets forth such establishment and designation and the relative rights and preferences of such Series or class, whether directly in such resolution or by reference to, or approval of, another document or as otherwise provided in such resolution. Each Series shall be separate and distinct from any other Series and records shall be maintained on the books of the Trust in a manner permitted by Section 3804 of the Delaware Act, and the assets and liabilities belonging to any such Series shall be held and accounted for in a manner permitted by Section 3804 of the Delaware Act separately from the assets and liabilities of the Trust or any other Series. Shares of each Series or class established pursuant to this Section 6, unless otherwise provided in the resolution establishing such Series, shall have the following relative rights and preferences:
Establishment and Designation of Series. Without limiting the authority of the Trustees set forth in Section 5, inter alia, to establish and designate any further Series or Classes or to modify the rights and preferences of any Series, each Series set forth on Schedule 3.6 hereto (as may be amended from time to time by the Trustees) shall be, and are hereby, established and designated. In addition, with respect to each such Series, the Class I Shares, Class II Shares, Class III Shares, Class IV Shares, Class V Shares, Class VI Shares, Class VII Shares and Class VIII Shares which each such Series may issue from time to time, shall be, and are hereby, established and designated, which Classes shall have the respective rights and preferences as are set forth in Exhibit 3.6 attached hereto as it may be amended from time to time by the Board of Trustees. Shares of each Series (or Class, as the case may be) established in this Section 6 shall have the following relative rights and preferences:
Establishment and Designation of Series or Class). The Trustees may establish and designate one or more Series or Classes in their sole discretion without obtaining the approval of the Shareholders of any Series or Class thereof (except as otherwise required by the 1940 Act). The establishment and designation of any Series (or Class) of Shares shall be effective upon the adoption by a majority of the then Trustees of a resolution that sets forth such establishment and designation and the relative rights and preferences of such Series (or Class), whether directly in such resolution or by reference to another document including, without limitation, any registration statement of the Trust, or as otherwise provided in such resolution. Shares of each Series (or Class) established pursuant to this Article III, unless otherwise provided in the resolution establishing such Series, shall have the following relative rights and preferences:
Establishment and Designation of Series. The establishment and designation of any Series (or Class) of Shares shall be effective upon the adoption by a majority of the then Trustees of a resolution that sets forth such establishment and designation whether directly in such resolution or by reference to, or approval of, another document that sets forth each such Series (or Class) including the Registration Statement, or as otherwise provided in such resolution. The relative rights and preferences of each Series and Class thereof shall be as set forth herein and as set forth in the Registration Statement, unless otherwise provided in the resolution establishing such Series or Class. In the event that a Series of the Trust shall be established, the initial Shares of the Trust shall constitute a separate Series and shall be considered separate and apart from such newly established Series and each Series subsequently established shall be considered separate from each other Series as set forth in this Article III. Shares of the Trust, and any Series (or Class) established pursuant to this Article III, unless otherwise provided in the resolution establishing such Series, shall have the following relative rights and preferences:
Establishment and Designation of Series. The establishment and designation of any Series (or Class thereof) shall be effective upon the adoption of a resolution by a majority of the Directors setting forth the establishment and designation of, or otherwise identifying, such Series (or Class thereof), whether directly in such resolution or by reference to, or approval of , another document that sets forth the designation of, or otherwise identifies, such Series (or Class thereof), including, without limitation, any registration statement of the Company, or as otherwise provided in such resolution. The relative rights and preferences of each Series and each Class thereof shall be as set forth herein and as set forth in any registration statement of the Company relating thereto, unless otherwise provided in the resolution establishing such Series or Class. The Directors shall have full power and authority, in their sole discretion, and without obtaining any prior authorization or vote of the Shareholders to establish and designate and to change in any manner any Series of Shares (or Class thereof) of initial or additional Series and to fix such preferences, voting powers, rights and privileges of such Series or Classes thereof as the Directors may from time to time determine, to divide or combine the Shares or any Series (or Class thereof) into a greater or lesser number, to classify or reclassify any issued Shares or any Series or classes thereof into one or more Series (or Class thereof), and to take such other action with respect to the Shares as the Directors may deem desirable. A Series may issue any number of Shares and need not issue Shares. At any time that there are no Outstanding Shares of any particular Series (or Class) previously established and designated, the Directors may by majority abolish that Series (or Class) and the establishment and designation thereof. All references to Shares in this Agreement shall be to Shares in any or all Series, or Classes thereof, as the context may require. All provisions herein relating to the Company shall apply equally to each Series, and each Class thereof, except as the context otherwise requires. Without limiting the authority of the Directors set forth above to establish and designate further Series, the Directors hereby establish and designate the following four Series, all with a single Class of Shares: High Income Central Investment Portfolio 1; High Income Central Investment Portfolio 2; Tactical Income Central Investment Portfolio; and Tar...
Establishment and Designation of Series. Unless another time is specified by the Trustees, the establishment and designation of any Series or Class shall be effective upon the adoption by a majority of the Trustees of a resolution setting forth such establishment and designation and the preferences, powers, rights and privileges of the Shares of such Series or Class, whether directly in such resolution or by reference to, or approval of, another document that sets forth such relative rights and preferences of such Series (or Class) including, without limitation, any registration statement of the Trust, or as otherwise provided in such resolution. Each such resolution shall be incorporated herein by reference upon adoption. Shares of each Series (or Class) established pursuant to this Section 6, unless otherwise provided in the resolution establishing such Series, shall have the following relative rights and preferences:
Establishment and Designation of Series. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Series, the Trustees hereby establish and designate two Series of Shares: “Exxxx Xxxxx & Sxxxxxx Fixed Income Fund” and “Exxxx Xxxxx & Sxxxxxx Income and Appreciation Fund.” The Shares of these Series and any Shares of any further Series that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Series or Class at the time of establishing and designating the same) have the following relative rights and preferences:
Establishment and Designation of Series. The establishment and designation of any Series shall be effective upon the execution by the Secretary or an Assistant Secretary of the Trust, pursuant to authorization by a majority of the Trustees, of an instrument setting forth such establishment and designation and the relative rights and preferences of the Interests of such Series, or as otherwise provided in such instrument. At any time the Trustees may by resolution adopted by a majority of their number, and evidenced by an instrument executed by the Secretary or an Assistant Secretary of the Trust, abolish that Series and the establishment and designation thereof and redeem the Interests therein. Each instrument referred to in this paragraph shall have the status of an amendment to this Declaration of Trust. Without limiting the authority set forth above of the Trustees to establish and designate further Series, the Trustees hereby establish and designate twelve (12) Series, as set forth on Schedule 1 attached hereto, which Schedule may be amended from time to time. The Interests of each of these Series and any Interests of any subsequent Series that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Series at the time of establishing and designating the same) have the following relative rights and preferences:
