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

Merger, Consolidation and Sale of Assets. Subject to Section 7.6, 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 of the Trustees and approved by the affirmative vote of the holders of not less than 75% of the affected Shares outstanding on the record date for the meeting of Shareholders to approve such transaction, 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 14 contracts

Samples: Agreement and Declaration of Trust (Principal Real Estate Income Fund), Agreement and Declaration of Trust (Reaves Global Utility & Energy Income Fund), Agreement and Declaration of Trust (Gabelli Utility Trust)

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Merger, Consolidation and Sale of Assets. Subject to Section 7.6, 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-thirds of the Trustees and approved by the affirmative vote of the holders of not less than 75% of the affected Shares outstanding on the record date for the meeting of Shareholders to approve such transaction, 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 8 contracts

Samples: Agreement and Declaration of Trust (Global Real Estate Investments Fund), Agreement (Alpine Global Dynamic Dividend Fund), Agreement and Declaration of Trust (Global Real Estate Investments Fund)

Merger, Consolidation and Sale of Assets. Subject to Section 7.6, 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 of the Trustees and approved by the affirmative vote of the holders of not less than 75% of the affected Shares outstanding on the record date for the meeting of Shareholders to approve such transaction, 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. 7.5.

Appears in 2 contracts

Samples: Agreement and Declaration (Gabelli Utility Trust), Gabelli Utility Trust

Merger, Consolidation and Sale of Assets. Subject to Section 7.6, 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 of the Trustees and approved by the affirmative vote of the holders of not less than 75% of the affected Shares outstanding on the record date for the meeting of Shareholders to approve such transaction, 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.. 7.5

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Gabelli Utility Fund), Gabelli Utility Fund

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Merger, Consolidation and Sale of Assets. Subject to Except as provided in Section 7.611.7, 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 propertyProperty, 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 the affirmative vote Shareholders, voting as a single class, representing a “majority of the holders of not less than 75% outstanding voting securities” of the affected Shares outstanding on Trust as such term is defined in Section 2(a)(42) of the record date for the meeting of Shareholders to approve such transaction1940 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 1 contract

Samples: Agreement and Declaration of Trust (Little Harbor MultiStrategy Composite Fund)

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