Common use of Establishment of Series Clause in Contracts

Establishment of Series. The Trust shall consist of one or more Series. The initial Series shall be Engine No. 1 U.S. Engagement ETF. 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 any Series or Classes of Shares (including the initial Series established pursuant to this Section 2.5), and to fix such preferences, voting powers, rights and privileges of such Series or Classes as the Trustees may from time to time determine, to divide and combine the Shares of any Series or Classes into a greater or lesser number, to classify or reclassify any Shares or any Series or Classes into one or more Series or Classes (whether the Shares to be classified or reclassified are issued and outstanding or unissued and whether such Shares constitute part or all of the Shares of the Trust or such Series or Class), to abolish any one or more Series or Classes 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 or Classes shall be effective upon the adoption by the Trustees of a resolution that sets forth the designation of, or otherwise identifies, such Series or Class, 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 including any Registration Statement, any amendment and/or restatement of this Trust Instrument or as otherwise provided in such resolution. The relative rights and preferences of each Series and Class (including the initial Series established under this Section 2.5) shall be as set forth herein and as set forth in any Registration Statement relating thereto, unless otherwise provided in the resolution establishing such Series or Class. A Series may issue any number of Shares and need not issue Shares. The Trustees shall have the authority, without the approval of the Shareholders of the Trust or any Series or Class unless otherwise required by applicable federal law, (a) to combine the assets and liabilities held with respect to any two or more Series or Classes into assets and liabilities held with respect to a single Series or Class and in connection therewith to cause the Shareholders of each such Series or Class to become Shareholders of such single Series or Class and (b) to divide the assets and liabilities held with respect to any Series or Class into assets and liabilities held with respect to an additional one or more Series or Classes and in connection therewith to cause some or all of the Shareholders of such Series or Class to be admitted as Shareholders of such additional one or more Series or Classes. All references to Shares in this Trust Instrument shall be deemed to be Shares of any or all Series or Classes, as the context may require. All provisions herein relating to the Trust shall apply equally to each Series and Class, except as the context otherwise requires. The Trustees are authorized to cause the Trust to issue Shares in the Trust and, upon any such issuance, to the extent applicable, all references to Shares in this Trust Instrument (including all provisions relating to the issuance of Shares) shall apply to Shares of the Trust and all references to Series in this Trust Instrument shall apply to the Trust. Subject to the distinctions permitted among Series established by the Trustees consistent with the requirements of the 1940 Act, each Share of a Series of the Trust shall represent an equal beneficial interest in the net assets of such Series. Each Shareholder of a Series shall be entitled to receive such Shareholder’s 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. The Trust created hereby shall consist of one or more Series. The initial Series shall be Engine No. 1 U.S. Engagement ETF. 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 any such Series or Classes of Shares (including the or any classes of initial or additional Series established pursuant to this Section 2.5), and to fix such preferences, voting powers, rights and privileges of such Series or Classes classes thereof as the Trustees may from time to time determine, to divide and combine the Shares of or any Series or Classes classes thereof into a greater or lesser number, to classify or reclassify any Shares of the Trust or any Series or Classes class into Shares of one or more Series or Classes classes (whether the Shares to be classified or reclassified are issued and outstanding or unissued and whether such Shares constitute part or all of the Shares of the Trust or such Series or Classclass), to abolish any one or more Series or Classes 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 or Classes class thereof shall be effective upon the adoption by the Trustees of a resolution that sets forth the designation of, or otherwise identifies, such Series or Classclass, 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 class including any Registration StatementStatement of the Trust, any amendment and/or restatement of this Trust Instrument Agreement or as otherwise provided in such resolution. The relative rights and preferences of each Series and Class (including the initial Series established under this Section 2.5) each class thereof shall be as set forth herein and as set forth in any Registration Statement relating thereto, unless otherwise provided in the resolution establishing such Series or Classclass. A Series may issue any number of Shares and need not issue Shares. The Trustees shall have the authority, without the approval of the Shareholders of the Trust or any Series or Class class thereof unless otherwise required by applicable federal law, (a) to combine the assets and liabilities held with respect to any two or more Series or Classes classes into assets and liabilities held with respect to a single Series or Class class and in connection therewith to cause the Shareholders of each such Series or Class class to become Shareholders of such single Series or Class class and (b) to divide the assets and liabilities held with respect to any Series or Class class thereof into assets and liabilities held with respect to an additional one or more Series or Classes classes and in connection therewith to cause some or all of the Shareholders of such Series or Class class to be admitted as Shareholders of such additional one or more Series or Classesclasses. All references to Shares in this Trust Instrument Agreement shall be deemed to be Shares of any or all Series Series, or Classesclasses thereof, as the context may require. All provisions herein relating to the Trust shall apply equally to each Series of the Trust, and Classeach class thereof, except as the context otherwise requires. The Trustees are authorized to cause the Trust to issue Shares in the Trust and, upon any such issuance, to the extent applicable, all references to Shares in this Trust Instrument (including all provisions relating to the issuance of Shares) shall apply to Shares of the Trust and all references to Series in this Trust Instrument shall apply to the Trust. Subject to the distinctions permitted among Series established by the Trustees consistent with the requirements of the 1940 Act, each Each Share of a Series of the Trust shall represent an equal beneficial interest in the net assets of such Series. Each Shareholder holder of Shares of a Series shall be entitled to receive such Shareholder’s 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. The Trust created hereby shall consist of one or more Series. The initial Series shall be Engine No. 1 U.S. Engagement ETF. 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 any such Series or Classes of Shares (including the or any classes of initial or additional Series established pursuant to this Section 2.5), and to fix such preferences, voting powers, rights and privileges of such Series or Classes classes thereof as the Trustees may from time to time determine, to divide and combine the Shares of or any Series or Classes classes thereof into a greater or lesser number, to classify or reclassify any issued Shares or any Series or Classes classes thereof into one or more Series or Classes (whether the Shares to be classified or reclassified are issued and outstanding or unissued and whether such Shares constitute part or all classes of the Shares of the Trust or such Series or Class)Shares, to abolish any one or more Series or Classes 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 or Classes class thereof shall be effective upon the adoption by the Trustees of a resolution that sets forth the designation of, or otherwise identifies, such Series or Classclass, 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 class including any Registration StatementStatement of the Trust, any amendment and/or restatement of this Trust Instrument or as otherwise provided in such resolution. The relative rights and preferences of each Series and Class (including the initial Series established under this Section 2.5) each class thereof shall be as set forth herein and as set forth in any Registration Statement relating thereto, unless otherwise provided in the resolution establishing such Series or Classclass. A Series may issue any number of Shares and need not issue Shares. The Trustees shall have the authority, without the approval of the Shareholders of the Trust or any Series or Class class thereof unless otherwise required by applicable federal law, (a) to combine the assets and liabilities held with respect to any two or more Series or Classes classes into assets and liabilities held with respect to a single Series or Class class and in connection therewith to cause the Shareholders of each such Series or Class class to become Shareholders of such single Series or Class class and (b) to divide the assets and liabilities held with respect to any Series or Class class thereof into assets and liabilities held with respect to an additional one or more Series or Classes classes and in connection therewith to cause some or all of the Shareholders of such Series or Class class to be admitted as Shareholders of such additional one or more Series or Classesclasses. All references to Shares in this Trust Instrument shall be deemed to be Shares of any or all Series Series, or Classesclasses thereof, as the context may require. All provisions herein relating to the Trust shall apply equally to each Series of the Trust, and Classeach class thereof, except as the context otherwise requires. The Trustees are authorized to cause the Trust to issue Shares in the Trust and, upon any such issuance, to the extent applicable, all references to Shares in this Trust Instrument (including all provisions relating to the issuance of Shares) shall apply to Shares of the Trust and all references to Series in this Trust Instrument shall apply to the Trust. Subject to the distinctions permitted among Series established by the Trustees consistent with the requirements of the 1940 Act, each Each Share of a Series of the Trust shall represent an equal beneficial interest in the net assets of such Series. Each Shareholder holder of Shares of a Series shall be entitled to receive such Shareholder’s 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. The Trust created hereby shall consist of one or more Series. The initial Series shall be Engine No. 1 U.S. Engagement BlackRock High Yield Muni Income Bond ETF. 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 any Series or Classes of Shares (including the initial Series established pursuant to this Section 2.5), and to fix such preferences, voting powers, rights and privileges of such Series or Classes as the Trustees may from time to time determine, to divide and combine the Shares of any Series or Classes into a greater or lesser number, to classify or reclassify any issued Shares or any Series or Classes into one or more Series or Classes (whether the Shares to be classified or reclassified are issued and outstanding or unissued and whether such Shares constitute part or all of the Shares of the Trust or such Series or Class)Classes, to abolish any one or more Series or Classes 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 or Classes shall be effective upon the adoption by the Trustees of a resolution that sets forth the designation of, or otherwise identifies, such Series or Class, 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 including any Registration Statement, any amendment and/or restatement of this Trust Instrument or as otherwise provided in such resolution. The relative rights and preferences of each Series and Class (including the initial Series established under this Section 2.5) shall be as set forth herein and as set forth in any Registration Statement relating thereto, unless otherwise provided in the resolution establishing such Series or Class. A Series may issue any number of Shares and need not issue Shares. The Trustees shall have the authority, without the approval of the Shareholders of the Trust or any Series or Class unless otherwise required by applicable federal law, (a) to combine the assets and liabilities held with respect to any two or more Series or Classes into assets and liabilities held with respect to a single Series or Class and in connection therewith to cause the Shareholders of each such Series or Class to become Shareholders of such single Series or Class and (b) to divide the assets and liabilities held with respect to any Series or Class into assets and liabilities held with respect to an additional one or more Series or Classes and in connection therewith to cause some or all of the Shareholders of such Series or Class to be admitted as Shareholders of such additional one or more Series or Classes. All references to Shares in this Trust Instrument shall be deemed to be Shares of any or all Series or Classes, as the context may require. All provisions herein relating to the Trust shall apply equally to each Series and Class, except as the context otherwise requires. The Trustees are authorized to cause the Trust to issue Shares in the Trust and, upon any such issuance, to the extent applicable, all references to Shares in this Trust Instrument (including all provisions relating to the issuance of Shares) shall apply to Shares of the Trust and all references to Series in this Trust Instrument shall apply to the Trust. Subject to the distinctions permitted among Series established by the Trustees consistent with the requirements of the 1940 Act, each Share of a Series of the Trust shall represent an equal beneficial interest in the net assets of such Series. Each Shareholder of a Series shall be entitled to receive such Shareholder’s 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. The Trust created hereby shall consist of one or more Series. The initial Series shall be Engine No. 1 BlackRock U.S. Engagement Equity Factor Rotation ETF. 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 any Series or Classes of Shares (including the initial Series established pursuant to this Section 2.5), and to fix such preferences, voting powers, rights and privileges of such Series or Classes as the Trustees may from time to time determine, to divide and combine the Shares of any Series or Classes into a greater or lesser number, to classify or reclassify any issued Shares or any Series or Classes into one or more Series or Classes (whether the Shares to be classified or reclassified are issued and outstanding or unissued and whether such Shares constitute part or all of the Shares of the Trust or such Series or Class)Classes, to abolish any one or more Series or Classes 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 or Classes shall be effective upon the adoption by the Trustees of a resolution that sets forth the designation of, or otherwise identifies, such Series or Class, 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 including any Registration Statement, any amendment and/or restatement of this Trust Instrument or as otherwise provided in such resolution. The relative rights and preferences of each Series and Class (including the initial Series established under this Section 2.5) shall be as set forth herein and as set forth in any Registration Statement relating thereto, unless otherwise provided in the resolution establishing such Series or Class. A Series may issue any number of Shares and need not issue Shares. The Trustees shall have the authority, without the approval of the Shareholders of the Trust or any Series or Class unless otherwise required by applicable federal law, (a) to combine the assets and liabilities held with respect to any two or more Series or Classes into assets and liabilities held with respect to a single Series or Class and in connection therewith to cause the Shareholders of each such Series or Class to become Shareholders of such single Series or Class and (b) to divide the assets and liabilities held with respect to any Series or Class into assets and liabilities held with respect to an additional one or more Series or Classes and in connection therewith to cause some or all of the Shareholders of such Series or Class to be admitted as Shareholders of such additional one or more Series or Classes. All references to Shares in this Trust Instrument shall be deemed to be Shares of any or all Series or Classes, as the context may require. All provisions herein relating to the Trust shall apply equally to each Series and Class, except as the context otherwise requires. The Trustees are authorized to cause the Trust to issue Shares in the Trust and, upon any such issuance, to the extent applicable, all references to Shares in this Trust Instrument (including all provisions relating to the issuance of Shares) shall apply to Shares of the Trust and all references to Series in this Trust Instrument shall apply to the Trust. Subject to the distinctions permitted among Series established by the Trustees consistent with the requirements of the 1940 Act, each Share of a Series of the Trust shall represent an equal beneficial interest in the net assets of such Series. Each Shareholder of a Series shall be entitled to receive such Shareholder’s 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. The Trust shall consist of one or more Series. The initial Series shall be Engine No. 1 U.S. Engagement TCW Transform 500 ETF. 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 any Series or Classes of Shares (including the initial Series established pursuant to this Section 2.5), and to fix such preferences, voting powers, rights and privileges of such Series or Classes as the Trustees may from time to time determine, to divide and combine the Shares of any Series or Classes into a greater or lesser number, to classify or reclassify any Shares or any Series or Classes into one or more Series or Classes (whether the Shares to be classified or reclassified are issued and outstanding or unissued and whether such Shares constitute part or all of the Shares of the Trust or such Series or Class), to abolish any one or more Series or Classes 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 or Classes shall be effective upon the adoption by the Trustees of a resolution that sets forth the designation of, or otherwise identifies, such Series or Class, 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 including any Registration Statement, any amendment and/or restatement of this Trust Instrument or as otherwise provided in such resolution. The relative rights and preferences of each Series and Class (including the initial Series established under this Section 2.5) shall be as set forth herein and as set forth in any Registration Statement relating thereto, unless otherwise provided in the resolution establishing such Series or Class. A Series may issue any number of Shares and need not issue Shares. The Trustees shall have the authority, without the approval of the Shareholders of the Trust or any Series or Class unless otherwise required by applicable federal law, (a) to combine the assets and liabilities held with respect to any two or more Series or Classes into assets and liabilities held with respect to a single Series or Class and in connection therewith to cause the Shareholders of each such Series or Class to become Shareholders of such single Series or Class and (b) to divide the assets and liabilities held with respect to any Series or Class into assets and liabilities held with respect to an additional one or more Series or Classes and in connection therewith to cause some or all of the Shareholders of such Series or Class to be admitted as Shareholders of such additional one or more Series or Classes. All references to Shares in this Trust Instrument shall be deemed to be Shares of any or all Series or Classes, as the context may require. All provisions herein relating to the Trust shall apply equally to each Series and Class, except as the context otherwise requires. The Trustees are authorized to cause the Trust to issue Shares in the Trust and, upon any such issuance, to the extent applicable, all references to Shares in this Trust Instrument (including all provisions relating to the issuance of Shares) shall apply to Shares of the Trust and all references to Series in this Trust Instrument shall apply to the Trust. Subject to the distinctions permitted among Series established by the Trustees consistent with the requirements of the 1940 Act, each Share of a Series of the Trust shall represent an equal beneficial interest in the net assets of such Series. Each Shareholder of a Series shall be entitled to receive such Shareholder’s 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.