Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provision is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 112 contracts
Samples: Agreement and Declaration (OFI Series Trust), Agreement and Declaration (HSBC Funds), Agreement and Declaration (American Century ETF Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provision is provision, in conflict whole or in part, conflicts with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto)Code, and the regulations thereunder, the Delaware Act or with other applicable federal laws and regulations, the conflicting provision provision, or the conflicting part or parts thereof, shall be deemed never not to have constituted constitute a part of the Declaration of Trustthis Declaration; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 86 contracts
Samples: Agreement and Declaration of Trust (Pioneer NextShares Series Trust I), Agreement and Declaration (City National Rochdale Reinsurance Premium Fund), Agreement and Declaration of Trust (Pioneer ILS Bridge Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provision is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; , provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 79 contracts
Samples: Agreement and Declaration (Stone Ridge Trust VI), Agreement and Declaration of Trust (American Beacon Apollo Total Return Fund), Agreement and Declaration (Meketa Infrastructure Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provision is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination decision shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 31 contracts
Samples: And Restated Agreement (Allianz Variable Insurance Products Fund of Funds Trust), Agreement and Declaration (Evergreen Global Dividend Opportunity Fund), Agreement and Declaration (Evergreen Global Dividend Opportunity Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provision provisions is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, with the Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 16 contracts
Samples: And Restated Agreement (Virtus Alternative Solutions Trust), Agreement and Declaration (Virtus Asset Trust), Agreement and Declaration of Trust (Phoenix Equity Series Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provision is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 10 contracts
Samples: Enterprise Funds Trust (Axa Enterprise Funds Trust), Agreement and Declaration (Equitable Trust/Ny/), Agreement and Declaration (Investbio Opportunity Trust)
Provisions in Conflict with Law or Regulations. (a1) The provisions of the Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provision is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 10 contracts
Samples: Agreement and Declaration (Managed Account Series II), Agreement and Declaration (Merrill Lynch Global Equity Opportunities Fund), Agreement and Declaration (Hotchkis & Wiley Funds /De/)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provision is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 9 contracts
Samples: Agreement and Declaration (Target Funds), Agreement and Declaration (Strategic Partners Series), Agreement (Prudential 20/20 Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provision is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination. No provision of this Declaration of Trust is effective to waive rights under the 1940 Act, the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended.
Appears in 3 contracts
Samples: Agreement (Symmetry Panoramic Trust), 1290 Funds, 1290 Funds
Provisions in Conflict with Law or Regulations. (a) The provisions of the this Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provision is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the this Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination. No provision of this Declaration of Trust is effective to waive rights under the 1940 Act, the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended.
Appears in 2 contracts
Samples: Agreement and Declaration (Eq Advisors Trust), Agreement and Declaration (Eq Advisors Trust)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provision provisions is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 2 contracts
Samples: Agreement and Declaration (Target Portfolio Trust), Agreement and Declaration (Jp Morgan Series Trust Ii)
Provisions in Conflict with Law or Regulations. (a1) The provisions of the this Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provision provisions is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; provided, however, that such determination shall not affect any of the remaining provisions of the this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
Samples: Agreement and Declaration (BlackRock Long-Horizon Equity Fund)
Provisions in Conflict with Law or Regulations. (a) The provisions of the Declaration of Trust are severable, and if the Trustees shall determine, with the advice of counsel, that any of such provision is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986, as amended (or any successor statute thereto) (if the Trust or any Series has elected to be, subject thereto), and the regulations thereunder, the Delaware Act or with other applicable federal laws and regulations, the conflicting provision shall be deemed never to have constituted a part of the Declaration of Trust; , provided, however, that such determination shall not affect any of the remaining provisions of the Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination.
Appears in 1 contract
