Establishment of Series Sample Clauses

Establishment of Series. Subject to the provisions of this Agreement, the Managing Member may, at any time and from time to time and in compliance with paragraph (c), cause the Company to establish in writing (each, a Series Designation) one or more series as such term is used under Section 18-215 of the Delaware Act (each a Series). The Series Designation shall relate solely to the Series established thereby and shall not be construed: (i) to affect the terms and conditions of any other Series, or (ii) to designate, fix or determine the rights, powers, authority, privileges, preferences, duties, responsibilities, liabilities and obligations in respect of Interests associated with any other Series, or the Members associated therewith. The terms and conditions for each Series established pursuant to this Section shall be as set forth in this Agreement and the Series Designation, as applicable, for the Series. Upon approval of any Series Designation by the Managing Member, such Series Designation shall be attached to this Agreement as an Exhibit until such time as none of such Interests of such Series remain Outstanding.

Establishment of Series. (a) There is hereby created a series of Securities to be known and designated as the "7.75% Senior Notes due 2010" to be issued in aggregate principal amount of $300,000,000. Additional Securities, without limitation as to amount, having substantially the same terms as the 2010 Notes (except a different issue date, issue price and bearing interest from the last Interest Payment Date to which interest has been paid or duly provided for on the 2010 Notes, and, if no interest has been paid, from September 29, 2004), may also be issued by the Issuer pursuant to the Indenture without the consent of the existing Holders of the 2010 Notes. Such additional Securities shall be part of the same series as the 2010 Notes. The Stated Maturity of the 2010 Notes is August 1, 2010; the principal amount of the 2010 Notes shall be payable on such date unless the 2010 Notes are earlier redeemed or purchased in accordance with the terms of the Indenture. (b) The 2010 Notes will bear interest from the Original Issue Date, or from the most recent date to which interest has been paid or duly provided for on the Original 2010 Notes, at the rate of 7.75% per annum stated therein until the principal thereof is paid or made available for payment. Interest will be payable semiannually on each Interest Payment Date and at Maturity, as provided in the form of the 2010 Note in Section 2.03 hereof. (c) The Record Date referred to in Section 2.3(f)(4) of the Indenture for the payment of the interest on any 2010 Note payable on any Interest Payment Date (other than at Maturity) shall be the 15th day preceding the relevant Interest Payment Date (whether or not a Business Day) except that the Record Date for interest payable at Maturity shall be the date of Maturity. (d) The payment of the principal of, premium (if any) and interest on the 2010 Notes shall not be secured by a security interest in any property. (e) The 2010 Notes shall be redeemable at the option of the Issuer, in whole or in part, at any time and from time to time, or not less than 30 days notice at a redemption price equal to 100% of the principal amount of such 2010 Notes being redeemed plus the Applicable Premium, if any, thereon at the time of redemption, together with accrued interest, if any, thereon to the redemption date. In no event will the redemption price ever be less than 100% of the principal amount of the 2010 Notes plus accrued interest to the redemption date. The 2010 Notes shall be purchased by the Issuer a...

Establishment of Series. The Trust created hereby shall consist of one or more Series and separate and distinct records shall be maintained by the Trust of each Series and the assets associated with any such Series shall be held and accounted for separately from the assets of the Trust or any other Series. The Trustees shall have full power and authority, in their sole discretion, and without obtaining any prior authorization or vote of the Shareholders of any Series of the Trust, to establish and designate and to change in any manner such Series of Shares or any classes of initial or additional Series and to fix such preferences, voting powers, rights and privileges of such Series or classes thereof as the Trustees may from time to time determine, to divide and combine the Shares or any Series or classes 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 classes of Shares, to abolish any one or more Series or classes of Shares or to take such other action with respect to the Shares as the Trustees may deem desirable. The establishment and designation of any Series shall be effective upon the adoption of a resolution by a majority of the Trustees setting forth such establishment and designation and the relative rights and preferences of the Shares of such Series. A Series may issue any number of Shares and need not issue shares. All references to Shares in this Trust Instrument shall be deemed to be Shares of any or all Series, or classes thereof, as the context may require. All provisions herein relating to the Trust shall apply equally to each Series of the Trust, and each class thereof, except as the context otherwise requires. Each Share of a Series of the Trust shall represent an equal beneficial interest in the net assets of such Series. Each holder of Shares of a Series shall be entitled to receive his pro rata share of distributions of income and capital gains, if any, made with respect to such Series. Upon redemption of his Shares, such Shareholder shall be paid solely out of the funds and property of such Series of the Trust.

Establishment of Series. Shares of the Fund are of a single class; however, Shares may be divided into additional series ("Series") that may be established from time to time by action of the Trustees of the Fund. If the context requires and unless otherwise specifically provided herein, the term "Fund" as used in this Agreement shall mean in addition each separate Series currently existing or subsequently created, and the term "Shares" shall mean all shares of beneficial interest of the Fund, whether of a single class or divided into separate Series of the Fund currently existing or hereinafter created.

Establishment of Series. Pursuant to Section 18-215 of the Act and the Limited Liability Company Agreement of the Parent LLC (the “Parent LLC Agreement”), the Parent LLC is authorized to establish separate members and limited liability company interests with separate and distinct rights, powers, duties, obligations, businesses, and objectives (each a “Series”). The Fund is hereby established as a Series under the Parent LLC Agreement. The Series created hereby, and the rights and obligations of the Members of the Series will be governed by this Agreement. In the event of any inconsistency between this Agreement and the Parent LLC Agreement, this Agreement will control. The debts, liabilities, obligations, and expenses incurred, with respect to the Fund will be enforceable against the assets of the Fund only and not against the assets of the Parent LLC generally or any other Series of the Parent LLC, and, unless expressly set forth in this Agreement, none of the debts, liabilities, obligations, and expenses incurred, contracted for or otherwise existing with respect to the Parent LLC generally or any other Series of the Parent LLC will be enforceable against the assets of the Fund. A Person participating as a member in one Series will have no rights or interest with respect to any other Series, other than through that Person’s interest in association with that Series as independently acquired by that Person. This Agreement and all provisions herein will be interpreted in a manner to give full effect to the separate and distinct existence of each Series. The Administrator shall take reasonable and necessary steps to implement the provisions of this paragraph. The Fund will be dissolved, and its affairs wound up pursuant to the provisions of this Agreement. The dissolution and termination of the Fund will not, in and of itself, cause or result in the dissolution or termination of the Parent LLC or any other Series.

Establishment of Series. 1. The Manager has formed the Company as a series of a limited liability company pursuant to the provisions of the Act. The Company commenced upon its creation as a Series pursuant to paragraph 1.6(c) of this Agreement. The execution, delivery and filing of the Certificate of Formation of the Master LLC, and all actions taken in connection with the formation of the Company, are hereby adopted, approved, ratified and confirmed by the Members. 2. Pursuant to Section 18-215(b) of the Act and the Operating Agreement, as it may be amended from time to time (the “Master LLC Agreement”) of Wefunder Portfolio, LLC, a Delaware limited liability company (the “Master LLC”), the Master LLC is authorized and empowered to establish separate members and limited liability company interests with separate and distinct rights, powers, duties, obligations, businesses and objectives (each a “Series” ) . Notice is hereby given that the Company is hereby established as a Series under the Master LLC Agreement. The Series created hereby and the rights and obligations of the Members of the Series admitted hereunder shall be governed by this Agreement. In the event of any inconsistency between this Agreement and the Master LLC Agreement, this Agreement shall control. The debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Company shall be enforceable against the assets of the Company only and not against the assets of the Master LLC generally or any other Series thereof, and, unless otherwise provided in this Agreement, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Master LLC generally or any other Series thereof shall be enforceable against the assets of the Company. A Member participating in one Series shall have no rights or interest with respect to any other Series, other than through such Member’s interest in such Series independently acquired by such Member. This Agreement and all provisions herein shall be interpreted in a manner to give full effect to the separateness of each Series. The Manager shall take such reasonable steps as are necessary to implement the foregoing provisions of this paragraph 1.

Establishment of Series. The Trust created hereby shall consist of one or more Series and separate and distinct records shall be maintained by the Trust of each Series and the assets associated with any such Series shall be held and accounted for separately from the assets of the Trust or any other Series. The initial Series shall be: BlackRock CoreAlpha Bond Fund. The Trustees shall have full power and authority, in their sole discretion, and without obtaining any prior authorization or vote of the Shareholders of any Series of the Trust, to establish and designate and to change in any manner such Series of Shares or any classes of initial or additional Series and to fix such preferences, voting powers, rights and privileges of such Series or classes thereof as the Trustees may from time to time determine, to divide and combine the Shares or any Series or classes 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 classes of Shares, or to take such other action with respect to the Shares as the Trustees may deem desirable. The establishment and designation of any additional Series shall be effective upon the adoption of a resolution by a majority of the Trustees setting forth such establishment and designation and the relative rights and preferences of the Shares of such Series, whether directly in such resolution or by reference to, or approval of, another document that sets forth such relative rights and preferences of the Shares of such Series including, without limitation, any registration statement of the Trust. The relative rights and preferences of each Series and class thereof (including the initial Series established under this Section 2.05) 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. A Series may issue any number of Shares and need not issue shares. At any time that there are no Shares outstanding of any particular Series previously established and designated, the Trustees may by a majority vote abolish that Series and the establishment and designation thereof. All references to Shares in this Trust Instrument shall be deemed to be Shares of any or all Series, or classes thereof, as the context may require. All provisions herein relating to the Trust shall apply equally to each Series of the Trust, and each class thereof, except as the context otherwise requires. Each ...

Establishment of Series. The Manager may, at any time and from time to time, cause the Company to establish one or more series (each, a “Series Offering”) as such term is used under the Act (each a “Series”). Each Series Offering shall be made in writing (“Series Supplement”) and relate solely to the Series established thereby and shall not be construed: (i) to affect the terms and conditions of any other Series, or (ii) to designate, fix, or determine the rights, powers, authority, privileges, preferences, duties, responsibilities, liabilities, and obligations in respect of Membership Interests associated with any other Series, or the Members associated therewith. Each Series so established shall have the terms, rights, fees, and conditions as set forth in the Series Supplement describing the terms applicable to a specific Series, which may amend or alter any provisions of this Agreement with respect to such Series’ Membership Interests governed by such Series Offering. The terms and conditions for each Series established pursuant to this Section shall be as set forth in this Agreement, the Memorandum, and the Series Supplement for the Series. When referencing the Company in this Agreement, such reference generally includes Series unless the context otherwise states so.

Establishment of Series. A series of Senior Preferred Notes, hereinafter referred to as the 2025 Notes, is hereby established with the following terms: (a) The title of the series shall be “Fixed Rate Senior Preferred Notes due 2025”. (b) The aggregate principal amount of the 2025 Notes to be issued on the original issue date of the 2025 Notes shall be $750,000,000. The aggregate principal amount of the 2025 Notes which may be authenticated and delivered under the Indenture (except for 2025 Notes authenticated and delivered upon registration of transfer of, or in exchange for, or in lieu of, other 2025 Notes pursuant to Sections 3.4, 3.6, 8.6 or 10.8 of the Base Indenture) shall be unlimited (up to the aggregate principal amount of Notes from time to time authorized in writing by the Issuer). (c) The original issue date of the 2025 Notes shall be August 28, 2020. (d) The date on which the principal of the 2025 Notes shall be payable (the “Maturity Date”) is August 28, 2025. (e) The 2025 Notes shall bear interest at a fixed rate per annum of 1.000%. (f) The Interest Payment Dates on which such interest on the 2025 Notes shall be payable are February 28 and August 28 of each year, commencing February 28, 2021 and ending on the Maturity Date. (g) The Regular Record Dates for the interest payable on the 2025 Notes on any Interest Payment Date shall be the 15th calendar day prior to such Interest Payment Date (whether or not a Business Day). (h) London shall be an Additional Business Center applicable to the 2025 Notes. (i) Benchmark Replacement is not applicable to the 2025 Notes. (j) The Specified Currency of the 2025 Notes is Dollars and the denominations in which the 2025 Notes shall be issuable are $200,000 and integral multiples of $1,000 in excess thereof. (k) Section 10.9 of the Base Indenture shall be applicable to the 2025 Notes. (l) The 2025 Notes shall initially be issued in whole in the form of Global Notes and the Depositary for such Global Notes shall be The Depository Trust Company. (m) The office or agency for the 2025 Notes required by Section 9.2 of the Base Indenture shall be the Corporate Trust Office of the Trustee. If Certificated Notes are issued in respect of the 2025 Notes the office of the Trustee in New York, which at the date hereof is 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, 00000, shall also be such an office or agency. (n) Claims for payment of principal in respect of the notes shall become void upon the expiry of ten years, and claims for payment of interest (if...

Establishment of Series. Shares of the Trust are of a single class; however, Shares may be divided into additional series ("Series") that may be established from time to time by action of the Trustees of the Trust. If the context requires and unless otherwise specifically provided herein, the term "Trust" as used in this Agreement shall mean in addition each separate Fund currently existing or subsequently created, and the term "Shares" shall mean all shares of beneficial interest of the Trust, whether of a single class or divided into separate Fund of the Trust currently existing or hereinafter created.