Common use of Merger, Consolidation and Sale of Assets Clause in Contracts

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 66 contracts

Samples: Agreement and Declaration of Trust (Guggenheim Strategic Opportunities Fund), Agreement and Declaration of Trust (Guggenheim Strategic Opportunities Fund), Agreement and Declaration of Trust (Fiduciary/Claymore Energy Infrastructure Fund)

AutoNDA by SimpleDocs

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 60 contracts

Samples: Agreement and Declaration of Trust (Steadfast Structured Growth Fund), Agreement and Declaration of Trust (Connetic Venture Capital Access Fund), Agreement and Declaration of Trust (Connetic Ventures Fund)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.711.6, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good willgoodwill, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 31 contracts

Samples: Agreement and Declaration of Trust (Axxes Private Markets Fund), Agreement and Declaration of Trust (Axxes Private Markets Fund), Agreement and Declaration (Axxes Private Markets Fund)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially substan tially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 12 contracts

Samples: Agreement and Declaration of Trust (Blackrock Limited Duration Income Trust), Agreement and Declaration (Blackrock Municipal Income Trust Iii), Agreement and Declaration (Blackrock New York Municipal Bond Trust)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.7, the The Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote majority vote of the affected Shareholders and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 12 contracts

Samples: Agreement and Declaration (DLJ High Yield Bond Fund), Agreement and Declaration (Blackrock Pennsylvania Strategic Municipal Trust), Agreement and Declaration (Blackrock Municipal Income Trust)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.712.6, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 9 contracts

Samples: Agreement and Declaration of Trust (Javelin Exchange-Traded Trust), Spa Etf Trust (SPA ETF Trust), Agreement and Declaration of Trust (Claymore Exchange-Traded Fund Trust 2)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- thirds of the Trustees and approved Trustees, followed by approval by a Majority Shareholder Vote Vote, and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (Guggenheim Enhanced Equity Income Fund), Agreement and Declaration of Trust (Guggenheim Energy & Income Fund), Agreement and Declaration of Trust (Guggenheim Global Equity Income Fund)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.7, the The Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good willgoodwill, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote to the extent required by the 1940 Act and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (StepStone Private Credit Income Fund), Agreement and Declaration of Trust (StepStone Private Infrastructure Fund), Agreement and Declaration of Trust (Calamos Aksia Alternative Credit & Income Fund)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially substan tially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 3 contracts

Samples: Agreement and Declaration (Blackrock New Jersey Municipal 2020 Term Trust), Agreement and Declaration (Blackrock California Municipal Bond Trust), Advent Claymore Global Convertible Opport Income Fd

Merger, Consolidation and Sale of Assets. Except as provided in ---------------------------------------- Section 11.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 3 contracts

Samples: Blackrock Florida Municipal Income Trust, Blackrock California Municipal Income Trust, Blackrock New York Municipal Income Trust

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote majority vote of the affected Shareholders and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 3 contracts

Samples: Agreement and Declaration (Advantage Advisers Multi - Sector Fund I), Agreement and Declaration of Trust (Advantage Advisers Multi - Sector Fund I), Agreement and Declaration of Trust (Advantage Advisers Multi - Sector Fund I)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.714.6 and Section 14.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good willgoodwill, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Legg Mason Permal Global Active Strategies TEI Fund), Agreement and Declaration of Trust (Legg Mason Permal Global Active Strategies Fund), Agreement and Declaration of Trust (Legg Mason Permal Global Active Strategies Master Fund)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- thirds of the Trustees and approved by a Majority Shareholder Vote majority vote of the affected Shareholders and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 3 contracts

Samples: Blackrock California Municipal 2018 Term Trust, Blackrock Municipal 2018 Term Trust, Blackrock New York Municipal 2018 Term Trust

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.711.6, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved Continuing Trustees, followed by approval by a Majority Shareholder Vote Vote, and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Guggenheim Active Allocation Fund), Agreement and Declaration of Trust (Guggenheim Active Allocation Fund)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.712.6, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- thirds two‑thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Claymore Exchange-Traded Fund Trust 2), Agreement and Declaration of Trust (Claymore Exchange-Traded Fund Trust)

Merger, Consolidation and Sale of Assets. Except as ---------------------------------------- provided in Section 11.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 2 contracts

Samples: Blackrock New Jersey Municipal Income Trust, Blackrock Municipal Income Trust

Merger, Consolidation and Sale of Assets. (a) Except as provided in Section 11.711.7 or paragraph (b) of this Section, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved Trustees, followed by approval by a Majority Shareholder Vote Vote, and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (XAI Octagon Credit Trust), Agreement and Declaration of Trust (XAI Octagon Floating Rate Alternative Income Term Trust)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.712.6, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good willgoodwill, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Alternative Investment Partners Absolute Return Fund STS), Agreement and Declaration of Trust (Alternative Investment Partners Absolute Return Fund)

AutoNDA by SimpleDocs

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially substan­tially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (BlackRock Real Asset Equity Trust)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.711.6, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved Trustees, followed by approval by a Majority Shareholder Vote Vote, and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 1 contract

Samples: Guggenheim Active Allocation Fund Agreement and Declaration of Trust (Guggenheim Active Allocation Fund)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.712.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Unitholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (NT Equity Long/Short Strategies Fund)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.7, the The Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote majority vote of the affected Shareholders and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.. 11.5

Appears in 1 contract

Samples: Trust ____________________________________________ Agreement (Blackrock High Yield Trust)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.711.6, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the propertyProperty, including its good willgoodwill, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and and, to the extent required by the 1940 Act, approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 1 contract

Samples: Investment Advisory Agreement (Vertical Capital Income Fund)

Merger, Consolidation and Sale of Assets. (a) Except as provided in Section 11.7paragraph (b) of this Section, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved Trustees, followed by approval by a Majority Shareholder Vote Vote, and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Octagon XAI CLO Income Fund)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.711.6, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (BlackRock Science & Technology Trust II)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.712.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (BlackRock Private Credit Fund)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.712.6, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- thirds a majority of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration (Vericimetry Funds)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization Person or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved by a Majority Shareholder Vote and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (SharesPost 100 Fund)

Merger, Consolidation and Sale of Assets. Except as provided in Section 11.7, the Trust may merge or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust Property or the property, including its good will, upon such terms and conditions and for such consideration when and as authorized by two- two-thirds of the Trustees and approved Trustees, followed by approval by a Majority Shareholder Vote Vote, and any such merger, consolidation, sale, lease or exchange shall be determined for all purposes to have been accomplished under and pursuant to the statutes of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Center Coast MLP & Infrastructure Fund)

Time is Money Join Law Insider Premium to draft better contracts faster.