Common use of Establishment and Designation of Series Clause in Contracts

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:

Appears in 10 contracts

Samples: Rock Opportunity Fund (Flat Rock Opportunity Fund), Agreement and Declaration (Flat Rock Core Income Fund), Agreement and Declaration (Flat Rock Enhanced Income Fund)

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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 shall maintain 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:

Appears in 10 contracts

Samples: Agreement and Declaration (Nexpoint Opportunistic Credit Fund), Nexpoint Real Estate Strategies Fund (Nexpoint Real Estate Strategies Fund), Agreement and Declaration (Nexpoint Discount Yield Fund)

Establishment and Designation of Series. Unless the Board of Trustees shall specify another time, the 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, adopting a resolution which sets forth such establishment and designation and the relative rights and preferences of such Series or class, whether directly in . Each such resolution or shall be incorporated herein by reference to, or approval of, another document or as otherwise provided in such resolutionupon adoption. Each Series shall be separate and distinct from any other Series and shall maintain separate and distinct records shall be maintained on the books of the Trust in a manner permitted by Section 3804 of the Delaware ActTrust, 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 SeriesSeries in any manner permitted by Section 3804 of the Delaware Act. 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:

Appears in 1 contract

Samples: Sierra Total Return Fund (Sierra Total Return Fund)

Establishment and Designation of Series. Unless the Board of Trustees shall specify another time, the 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, adopting a resolution which sets forth such establishment and designation and the relative rights and preferences of such Series or class, whether directly in . Each such resolution or shall be incorporated herein by reference to, or approval of, another document or as otherwise provided in such resolutionupon adoption. Each Series shall be separate and distinct from any other Series and shall maintain separate and distinct records shall be maintained on the books of the Trust in a manner permitted by Section 3804 of the Delaware ActTrust, 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. Series in any manner permitted by Section 3804 of the Delaware Act.’ Shares of each Series or class established pursuant to this Section 68, unless otherwise provided in the resolution resolutions establishing such Series, shall have the following relative rights and preferencesreferences:

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Zell Capital)

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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 shall maintain 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:

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Arca U.S. Treasury Fund)

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