Common use of Establishment and Designation of Sub-Trusts and Classes Clause in Contracts

Establishment and Designation of Sub-Trusts and Classes. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts, the Trustees hereby establish and designate seventeen Sub-Trusts: Calamos Focus Growth Fund Calamos Convertible Fund Calamos Growth and Income Fund Calamos Global Growth and Income Fund Calamos Growth Fund Calamos Market Neutral Income Fund Calamos High Income Fund Calamos Opportunistic Value Fund Calamos International Growth Fund Calamos Global Equity Fund Calamos Total Return Bond Fund Calamos Evolving World Growth Fund Calamos Discovery Growth Fund Calamos Long/Short Fund Calamos Dividend Growth Fund Calamos Mid Cap Growth Fund Calamos Emerging Market Equity Fund each of which shall have five classes of Shares, designated Class A, Class B, Class C, Class I and Class R, except for Calamos Long/Short Fund, Calamos Dividend Growth Fund, Calamos Mid Cap Growth Fund, and Calamos Emerging Market Equity Fund, each of which shall have four classes of Shares, designated Class A, Class C, Class I and Class R, or such classes as may from time to time be established and designated. The Shares of such Sub-Trusts and any Shares of any further Sub-Trust or class that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” The undersigned hereby certifies that Amendment No. 5 to the Fourth Amended and Restated Agreement and Declaration of Trust set forth above has been duly adopted in accordance with the provisions of the Declaration of Trust.

Establishment and Designation of Sub-Trusts and Classes. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts, the Trustees hereby establish and designate seventeen Sub-Trusts: Calamos Focus Growth Fund Calamos Convertible Fund Calamos Growth and Income Fund Calamos Global Growth and Income Fund Calamos Growth Fund Calamos Market Neutral Income Fund Calamos High Income Fund Calamos Opportunistic Value Fund Calamos International Growth Fund Calamos Global Equity Fund Calamos Total Return Bond Fund Calamos Evolving World Growth Fund Calamos Discovery Growth Fund Calamos Long/Short Fund Calamos Dividend Growth Fund Calamos Mid Cap Growth Fund Calamos Emerging Market Equity Fund each of which shall have five classes of Shares, designated Class A, Class B, Class C, Class I and Class R, except for Calamos Long/Short Fund, Calamos Dividend Growth Fund, Calamos Mid Cap Growth Fund, and Calamos Emerging Market Equity Fund, each of which shall have four classes of Shares, designated Class A, Class C, Class I and Class R, or such classes as may from time to time be established and designated. The Shares of such Sub-Trusts and any Shares of any further Sub-Trust or class that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” The undersigned hereby certifies that Amendment No. 5 4 to the Fourth Amended and Restated Agreement and Declaration of Trust set forth above has been duly adopted in accordance with the provisions of the Declaration of Trust.

Establishment and Designation of Sub-Trusts and Classes. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts, the Trustees hereby establish and designate seventeen eighteen Sub-Trusts: Calamos Focus Growth Fund Calamos Convertible Fund Calamos Growth and Income Fund Calamos Global Growth and Income Opportunities Fund Calamos Growth Fund Calamos Market Neutral Income Fund Calamos High Income Opportunities Fund Calamos Opportunistic Value Select Fund Calamos International Growth Fund Calamos Global Equity Fund Calamos Total Return Bond Fund Calamos Evolving World Growth Fund Calamos Discovery Dividend Growth Fund Calamos Global Convertible Fund Calamos Hedged Equity Fund Calamos Phineus Long/Short Fund Calamos Dividend Growth Short-Term Bond Fund Calamos Mid Timpani Small Cap Growth Fund Calamos Emerging Market Equity Timpani XXXX Growth Fund each of which shall have five three classes of Shares, designated Class A, Class B, Class C, Class I and Class RI, except for Calamos Long/Short Fund, Calamos Dividend International Growth Fund, Calamos Mid Cap Growth and Income Fund, Calamos Global Equity Fund, Calamos Market Neutral Income Fund, and Calamos Emerging Market Equity Fund, each of Timpani Small Cap Growth Fund which shall have four classes of Shares, designated Class A, Class C, Class I I, and Class RR6; Calamos Timpani XXXX Growth Fund which shall have three classes of Shares, designated Class A, Class I, and Class R6; and Calamos Short-Term Bond Fund which shall have two classes of Shares, designated Class A and Class I, or such classes as may from time to time be established and designated. The Shares of such Sub-Trusts and any Shares of any further Sub-Trust or class that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” The undersigned hereby certifies that Amendment No. 5 18 to the Fourth Amended and Restated Agreement and Declaration of Trust set forth above has been duly adopted in accordance with the provisions of the Declaration of Trust.

Establishment and Designation of Sub-Trusts and Classes. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts, the Trustees hereby establish and designate seventeen sixteen Sub-Trusts: Calamos Focus Growth Fund Calamos Convertible Fund Calamos Growth and Income Fund Calamos Global Growth and Income Fund Calamos Growth Fund Calamos Market Neutral Income Fund Calamos High Income Opportunities Fund Calamos Opportunistic Value Fund Calamos International Growth Fund Calamos Global Equity Fund Calamos Total Return Bond Fund Calamos Evolving World Growth Fund Calamos Discovery Growth Fund Calamos Long/Short Fund Calamos Dividend Growth Fund Calamos Mid Cap Growth Fund Calamos Emerging Market Equity Fund Calamos Global Convertible Fund Calamos Hedged Equity Income Fund Calamos Phineus Long/Short Fund each of which shall have five six classes of Shares, designated Class A, Class B, Class C, Class I I, Class R and Class RT, except for Calamos Long/Short FundGlobal Convertible Fund which shall have five classes of Shares, designated Class A, Class C, Class I, Class R and Class T, and Calamos Dividend Growth Fund, Calamos Mid Cap Growth Emerging Market Equity Fund, Calamos Hedged Equity Income Fund, and Calamos Emerging Market Equity Phineus Long/Short Fund, each of which shall have four classes of Shares, designated Class A, Class C, Class I and Class RT, or such classes as may from time to time be established and designated. The Shares of such Sub-Trusts and any Shares of any further Sub-Trust or class that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” The undersigned hereby certifies that Amendment No. 5 10 to the Fourth Amended and Restated Agreement and Declaration of Trust set forth above has been duly adopted in accordance with the provisions of the Declaration of Trust.

Establishment and Designation of Sub-Trusts and Classes. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts, the Trustees hereby establish and designate seventeen sixteen Sub-Trusts: Calamos Focus Growth Fund Calamos Convertible Fund Calamos Growth and Income Fund Calamos Global Growth and Income Fund Calamos Growth Fund Calamos Market Neutral Income Fund Calamos High Income Fund Calamos Opportunistic Value Fund Calamos International Growth Fund Calamos Global Equity Fund Calamos Total Return Bond Fund Calamos Evolving World Growth Fund Calamos Discovery Growth Fund Calamos Long/Short Fund Calamos Dividend Growth Fund Calamos Mid Cap Growth Fund Calamos Emerging Market Equity Fund Calamos Global Convertible Fund Calamos Hedged Equity Income Fund Calamos Phineus Long/Short Fund each of which shall have five six classes of Shares, designated Class A, Class B, Class C, Class I I, Class R and Class RT, except for Calamos Long/Short FundGlobal Convertible Fund which shall have five classes of Shares, designated Class A, Class C, Class I, Class R and Class T, and Calamos Dividend Growth Fund, Calamos Mid Cap Growth Emerging Market Equity Fund, Calamos Hedged Equity Income Fund, and Calamos Emerging Market Equity Phineus Long/Short Fund, each of which shall have four classes of Shares, designated Class A, Class C, Class I and Class RT, or such classes as may from time to time be established and designated. The Shares of such Sub-Trusts and any Shares of any further Sub-Trust or class that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” The undersigned hereby certifies that Amendment No. 5 9 to the Fourth Amended and Restated Agreement and Declaration of Trust set forth above has been duly adopted in accordance with the provisions of the Declaration of Trust.

Establishment and Designation of Sub-Trusts and Classes. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts, the Trustees hereby establish and designate seventeen twenty Sub-Trusts: Calamos Focus Growth Fund Calamos Convertible Fund Calamos Growth and Income Fund Calamos Global Growth and Income Fund Calamos Growth Fund Calamos Market Neutral Income Fund Calamos High Income Fund Calamos Opportunistic Value Fund Calamos International Growth Fund Calamos Global Equity Fund Calamos Total Return Bond Fund Calamos Evolving World Growth Fund Calamos Discovery Growth Fund Calamos Long/Short Fund Calamos Dividend Growth Fund Calamos Mid Cap Growth Fund Calamos Emerging Market Equity Fund Calamos Global Convertible Fund Calamos Hedged Equity Income Fund Calamos Phineus Long/Short Fund each of which shall have five classes of Shares, designated Class A, Class B, Class C, Class I and Class R, except for Calamos Long/Short Fund, Calamos Dividend Growth Fund, Calamos Mid Cap Growth Fund, and Calamos Emerging Market Equity Fund, Calamos Global Convertible Fund, Calamos Hedged Equity Income Fund, each of which shall have four classes of Shares, designated Class A, Class C, Class I and Class R, and Calamos Phineus Long/Short Fund, which shall have three classes of Shares, designated Class A, Class C and Class I, or such classes as may from time to time be established and designated. The Shares of such Sub-Trusts and any Shares of any further Sub-Trust or class that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” The undersigned hereby certifies that Amendment No. 5 7 to the Fourth Amended and Restated Agreement and Declaration of Trust set forth above has been duly adopted in accordance with the provisions of the Declaration of Trust.

Establishment and Designation of Sub-Trusts and Classes. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts, the Trustees hereby establish and designate seventeen nineteen Sub-Trusts: Calamos Focus Growth Fund Calamos Convertible Fund Calamos Growth and Income Fund Calamos Global Growth and Income Fund Calamos Growth Fund Calamos Market Neutral Income Fund Calamos High Income Fund Calamos Opportunistic Value Fund Calamos International Growth Fund Calamos Global Equity Fund Calamos Total Return Bond Fund Calamos Evolving World Growth Fund Calamos Discovery Growth Fund Calamos Long/Short Fund Calamos Dividend Growth Fund Calamos Mid Cap Growth Fund Calamos Emerging Market Equity Fund Calamos Hedged Equity Income Fund Calamos Global Convertible Fund each of which shall have five classes of Shares, designated Class A, Class B, Class C, Class I and Class R, except for Calamos Long/Short Fund, Calamos Dividend Growth Fund, Calamos Mid Cap Growth Fund, and Calamos Emerging Market Equity Fund, Calamos Hedged Equity Income Fund and Calamos Global Convertible Fund, each of which shall have four classes of Shares, designated Class A, Class C, Class I and Class R, or such classes as may from time to time be established and designated. The Shares of such Sub-Trusts and any Shares of any further Sub-Trust or class that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” The undersigned hereby certifies that Amendment No. 5 6 to the Fourth Amended and Restated Agreement and Declaration of Trust set forth above has been duly adopted in accordance with the provisions of the Declaration of Trust.

Establishment and Designation of Sub-Trusts and Classes. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts, the Trustees hereby establish and designate seventeen sixteen Sub-Trusts: Calamos Focus Growth Fund Calamos Convertible Fund Calamos Growth and Income Fund Calamos Global Growth and Income Fund Calamos Growth Fund Calamos Market Neutral Income Fund Calamos High Income Fund Calamos Opportunistic Value Fund Calamos International Growth Fund Calamos Global Equity Fund Calamos Total Return Bond Fund Calamos Evolving World Growth Fund Calamos Discovery Growth Fund Calamos Long/Short Fund Calamos Dividend Growth Fund Calamos Mid Cap Growth Fund Calamos Emerging Market Equity Fund Calamos Global Convertible Fund Calamos Hedged Equity Income Fund Calamos Phineus Long/Short Fund each of which shall have five classes of Shares, designated Class A, Class B, Class C, Class I and Class R, except for Calamos Long/Short Fund, Calamos Dividend Growth Fund, Calamos Mid Cap Growth Fund, and Calamos Emerging Market Equity Fund, Calamos Global Convertible Fund, Calamos Hedged Equity Income Fund, each of which shall have four classes of Shares, designated Class A, Class C, Class I and Class R, and Calamos Phineus Long/Short Fund, which shall have three classes of Shares, designated Class A, Class C and Class I, or such classes as may from time to time be established and designated. The Shares of such Sub-Trusts and any Shares of any further Sub-Trust or class that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” The undersigned hereby certifies that Amendment No. 5 8 to the Fourth Amended and Restated Agreement and Declaration of Trust set forth above has been duly adopted in accordance with the provisions of the Declaration of Trust.

Establishment and Designation of Sub-Trusts and Classes. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts, the Trustees hereby establish and designate seventeen eighteen Sub-Trusts: Calamos Focus Growth Fund Calamos Convertible Fund Calamos Growth and Income Fund Calamos Global Growth and Income Fund Calamos Growth Fund Calamos Market Neutral Income Fund Calamos High Income Opportunities Fund Calamos Opportunistic Value Select Fund Calamos International Growth Fund Calamos Global Equity Fund Calamos Total Return Bond Fund Calamos Evolving World Growth Fund Calamos Discovery Dividend Growth Fund Calamos Global Convertible Fund Calamos Hedged Equity Fund Calamos Phineus Long/Short Fund Calamos Dividend Growth Short-Term Bond Fund Calamos Mid Timpani Small Cap Growth Fund Calamos Emerging Market Equity Timpani SXXX Growth Fund each of which shall have five three classes of Shares, designated Class A, Class B, Class C, Class I and Class RI, except for Calamos Long/Short Fund, Calamos Dividend International Growth Fund, Calamos Mid Cap Growth and Income Fund, Calamos Global Equity Fund, and Calamos Emerging Market Equity Fund, each of Neutral Income Fund which shall have four classes of Shares, designated Class A, Class C, Class I I, and Class RR6; Calamos Timpani Small Cap Growth Fund and Calamos Timpani SXXX Growth Fund which shall have three classes of Shares, designated Class A, Class I, and Class R6; and Calamos Short-Term Bond Fund which shall have two classes of Shares, designated Class A and Class I, or such classes as may from time to time be established and designated. The Shares of such Sub-Trusts and any Shares of any further Sub-Trust or class that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” The undersigned hereby certifies that Amendment No. 5 17 to the Fourth Amended and Restated Agreement and Declaration of Trust set forth above has been duly adopted in accordance with the provisions of the Declaration of Trust.

Establishment and Designation of Sub-Trusts and Classes. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts, the Trustees hereby establish and designate seventeen eighteen Sub-Trusts: Calamos Focus Growth Fund Calamos Convertible Fund Calamos Growth and Income Fund Calamos Global Growth and Income Opportunities Fund Calamos Growth Fund Calamos Market Neutral Income Fund Calamos High Income Opportunities Fund Calamos Opportunistic Value Select Fund Calamos International Growth Fund Calamos Global Equity Fund Calamos Total Return Bond Fund Calamos Evolving World Growth Fund Calamos Discovery Dividend Growth Fund Calamos Global Convertible Fund Calamos Hedged Equity Fund Calamos Phineus Long/Short Fund Calamos Dividend Growth Short-Term Bond Fund Calamos Mid Timpani Small Cap Growth Fund Calamos Emerging Market Equity Timpani SXXX Growth Fund Calamos Global Sustainable Equities Fund each of which shall have five three classes of Shares, designated Class A, Class B, Class C, Class I and Class RI, except for Calamos Long/Short Fund, Calamos Dividend International Growth Fund, Calamos Mid Growth and Income Fund, Calamos Global Equity Fund, Calamos Market Neutral Income Fund, Calamos Timpani Small Cap Growth Fund, and Calamos Emerging Market Equity Fund, each of Global Sustainable Equities Fund which shall have four classes of Shares, designated Class A, Class C, Class I I, and Class RR6; Calamos Timpani SXXX Growth Fund which shall have three classes of Shares, designated Class A, Class I, and Class R6; and Calamos Short-Term Bond Fund which shall have two classes of Shares, designated Class A and Class I, or such classes as may from time to time be established and designated. The Shares of such Sub-Trusts and any Shares of any further Sub-Sub- Trust or class that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” The undersigned hereby certifies that Amendment No. 5 19 to the Fourth Amended and Restated Agreement and Declaration of Trust set forth above has been duly adopted in accordance with the provisions of the Declaration of Trust.

Establishment and Designation of Sub-Trusts and Classes. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts, the Trustees hereby establish and designate seventeen sixteen Sub-Trusts: Calamos Focus Growth Fund Calamos Convertible Fund Calamos Growth and Income Fund Calamos Global Growth and Income Fund Calamos Growth Fund Calamos Market Neutral Income Fund Calamos High Income Fund Calamos Opportunistic Value Fund Calamos International Growth Fund Calamos Global Equity Fund Calamos Total Return Bond Fund Calamos Evolving World Growth Fund Calamos Discovery Growth Fund Calamos Long/Short Fund Calamos Dividend Growth Fund Calamos Mid Cap Growth Fund Calamos Emerging Market Equity Fund each of which shall have five classes of Shares, designated Class A, Class B, Class C, Class I and Class R, except for Calamos Long/Short Fund, Calamos Dividend Growth Fund, Fund and Calamos Mid Cap Growth Fund, and Calamos Emerging Market Equity Fund, each of which shall have four classes of Shares, designated Class A, Class C, Class I and Class R, or such classes as may from time to time be established and designated. The Shares of such Sub-Trusts and any Shares of any further Sub-Trust or class that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” The undersigned hereby certifies that Amendment No. 5 3 to the Fourth Amended and Restated Agreement and Declaration of Trust set forth above has been duly adopted in accordance with the provisions of the Declaration of Trust.

Establishment and Designation of Sub-Trusts and Classes. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts, the Trustees hereby establish and designate seventeen twenty Sub-Trusts: Calamos Focus Growth Fund Calamos Convertible Fund Calamos Growth and Income Fund Calamos Global Growth and Income Opportunities Fund Calamos Growth Fund Calamos Market Neutral Income Fund Calamos High Income Opportunities Fund Calamos Opportunistic Value Select Fund Calamos International Growth Fund Calamos Global Equity Fund Calamos Total Return Bond Fund Calamos Evolving World Growth Fund Calamos Discovery Dividend Growth Fund Calamos Global Convertible Fund Calamos Hedged Equity Fund Calamos Phineus Long/Short Fund Calamos Dividend Growth Short-Term Bond Fund Calamos Mid Timpani Small Cap Growth Fund Calamos Emerging Market Equity Timpani SXXX Growth Fund Calamos International Small Cap Growth Fund Calamos Merger Arbitrage Fund each of which shall have five three classes of SharesShares (A,C, and I) designated Class A, Class B, Class C, Class I and Class RI, except for Calamos Long/Short Fund, Calamos Dividend International Growth Fund, Calamos Mid Global Equity Fund, Calamos Market Neutral Income Fund, Calamos Timpani Small Cap Growth Fund, Calamos Growth and Income Fund, and Calamos Emerging Market Equity Fund, each of International Small Cap Growth Fund which shall have four classes of Shares, designated Class A, Class C, Class I I, and Class RR6; Calamos Timpani SXXX Growth Fund which shall have three classes of Shares, designated Class A, Class I, and Class R6; and Calamos Short-Term Bond Fund which shall have two classes of Shares, designated Class A and Class I, or such classes as may from time to time be established and designated. The Shares of such Sub-Trusts and any Shares of any further Sub-Trust or class that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” The undersigned hereby certifies that Amendment No. 5 21 to the Fourth Amended and Restated Agreement and Declaration of Trust set forth above has been duly adopted in accordance with the provisions of the Declaration of Trust.

Establishment and Designation of Sub-Trusts and Classes. Without limiting the authority of the Trustees set forth in Section 4.1 to establish and designate any further Sub-Trusts, the Trustees hereby establish and designate seventeen twenty Sub-Trusts: Calamos Focus Growth Fund Calamos Convertible Fund Calamos Growth and Income Fund Calamos Global Growth and Income Opportunities Fund Calamos Growth Fund Calamos Market Neutral Income Fund Calamos High Income Opportunities Fund Calamos Opportunistic Value Select Fund Calamos International Growth Fund Calamos Global Equity Fund Calamos Total Return Bond Fund Calamos Evolving World Growth Fund Calamos Discovery Dividend Growth Fund Calamos Global Convertible Fund Calamos Hedged Equity Fund Calamos Phineus Long/Short Fund Calamos Dividend Growth Short-Term Bond Fund Calamos Mid Timpani Small Cap Growth Fund Calamos Emerging Market Equity Timpani XXXX Growth Fund Calamos Global Sustainable Equities Fund Calamos International Small Cap Growth Fund each of which shall have five three classes of Shares, designated Class A, Class B, Class C, Class I and Class RI, except for Calamos Long/Short Fund, Calamos Dividend International Growth Fund, Calamos Mid Growth and Income Fund, Calamos Global Equity Fund, Calamos Market Neutral Income Fund, Calamos Timpani Small Cap Growth Fund, Calamos Global Sustainable Equities Fund, and Calamos Emerging Market Equity Fund, each of International Small Cap Growth Fund which shall have four classes of Shares, designated Class A, Class C, Class I I, and Class RR6; Calamos Timpani XXXX Growth Fund which shall have three classes of Shares, designated Class A, Class I, and Class R6; and Calamos Short-Term Bond Fund which shall have two classes of Shares, designated Class A and Class I, or such classes as may from time to time be established and designated. The Shares of such Sub-Sub- Trusts and any Shares of any further Sub-Trust or class that may from time to time be established and designated by the Trustees shall (unless the Trustees otherwise determine with respect to some further Sub-Trust or class at the time of establishing and designating the same) have the following relative rights and preferences:” The undersigned hereby certifies that Amendment No. 5 20 to the Fourth Amended and Restated Agreement and Declaration of Trust set forth above has been duly adopted in accordance with the provisions of the Declaration of Trust.