Common use of Power to Modify Foregoing Procedures Clause in Contracts

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or the Exchange Act, or any order of exemption issued by the Commission, or the Code, all as in effect now or hereafter amended or modified.

Appears in 4 contracts

Sources: Agreement and Declaration of Trust (A&Q Masters Fund), Agreement and Declaration of Trust (O'Connor Fund of Funds: Masters), Agreement and Declaration of Trust (Central Park Group Multi-Event Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Actdiscretion, such other bases and times for determining the per share net asset value of the Trust's ’s Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities association registered under the Securities Exchange ActAct of 1934, or any order of exemption issued by the said Commission, or the Code, all as in effect now or hereafter amended or modified.

Appears in 4 contracts

Sources: Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Act, such other bases and times for determining the per share asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or the Exchange Act, or any order of exemption issued by the Commission, or the Code, all as in effect now or hereafter amended or modified.

Appears in 3 contracts

Sources: Agreement and Declaration of Trust (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)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Investment Company Act, such other bases and times for determining the per share asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Investment Company Act, or any securities exchange or association registered under the Exchange Act, Act or any order of exemption issued by the Commission, or the Code, all as in effect now or hereafter amended or modified.

Appears in 2 contracts

Sources: Agreement and Declaration of Trust (Carlyle Secured Lending III), Agreement and Declaration of Trust (Carlyle Secured Lending III)

Power to Modify Foregoing Procedures. Notwithstanding any of ------------------------------------ the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Actdiscretion, such other bases and times for determining the per share net asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities association registered under the Securities Exchange ActAct of 1934, or any order of exemption issued by the said Commission, or the Code, all as in effect now or hereafter amended or modified.

Appears in 2 contracts

Sources: Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Actdiscretion, such other bases and times for determining the per share net asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities association registered under the Securities Exchange ActAct of 1934, or any order of exemption issued by the said Commission, or the Code, all as in effect now or hereafter amended or modified.

Appears in 2 contracts

Sources: Agreement and Declaration of Trust (GCG Trust), Trust Agreement (Palladian Trust)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IXVIII, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Actdiscretion, such other bases and times for determining the per share net asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities association registered under the Securities Exchange ActAct of 1934, or any order of exemption issued by the said Commission, or the Code, all as in effect now or hereafter amended or modified.

Appears in 2 contracts

Sources: Agreement and Declaration of Trust (Pimco Funds Equity Advisors Series), Agreement and Declaration of Trust (Pimco Advisors Institutional Funds)

Power to Modify Foregoing Procedures. Notwithstanding any of ------------------------------------ the foregoing provisions of this Article IX, IX the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Actdiscretion, such other bases and times for determining the per share net asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities association registered under the Securities Exchange ActAct of 1934, or any order of exemption issued by the said Commission, or the Code, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Sources: Restated Agreement and Declaration of Trust (Fulcrum Trust)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Actdiscretion, such other bases and times for determining the per share net asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities association registered under the securities Exchange ActAct of 1934, or any order of exemption issued by the said Commission, or the Code, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Sources: Trust Agreement (Uslico Series Fund/Va/)

Power to Modify Foregoing Procedures. Notwithstanding any of the ---- ------------------------------------ foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Actdiscretion, such other bases and times for determining the per share net asset value of the Trust's Shares or net income, or the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or any securities association registered under the Securities Exchange ActAct of 1934, or any order of exemption issued by the said Commission, or the Code, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Sources: Agreement and Declaration of Trust (Pacific Select Fund)

Power to Modify Foregoing Procedures. Notwithstanding any of the foregoing provisions of this Article IX, the Trustees may prescribe, in their absolute discretion except as may be required by the 1940 Actdiscretion, such other bases and times for determining the per share net asset value of the Trust's Shares or net income, or OR the declaration and payment of dividends and distributions as they may deem necessary or desirable for any reason, including to enable the Trust to comply with any provision of the 1940 Act, or OR any securities association registered under the Securities Exchange ActAct of 1934, or any order of exemption issued by the said Commission, or the Code, all as in effect now or hereafter amended or modified.

Appears in 1 contract

Sources: Agreement and Declaration of Trust (GCG Trust)