Common use of Provisions in Conflict with Law or Regulations Clause in Contracts

Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration are severable, and if the Trustees shall determine, with the advice of legal counsel, that any of such provisions is in conflict with the 1940 Act, the Internal Revenue Code of 1986 or with other applicable laws and regulations, the conflicting provision shall be construed in such a manner consistent with such law as may most closely reflect the intention of the offending provision; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration or render invalid or improper any action taken or omitted prior to such determination.

Appears in 86 contracts

Samples: Agreement and Declaration of Trust (Eaton Vance Floating-Rate Income Plus Fund), Income 2022 Target Term Trust (Eaton Vance High Income 2022 Target Term Trust), Agreement and Declaration (eUnits(TM) 2 Year U.S. Market Participation Trust 6: Upside to Cap / Buffered Downside)

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Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration are severable, and if the Trustees shall determine, with the advice of legal counsel, that any of such provisions is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986 or with other applicable laws and regulations, the conflicting provision shall be construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionthis Declaration; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration or render invalid or improper any action taken or omitted prior to such determination.

Appears in 17 contracts

Samples: Form of Agreement (Manulife Private Credit Plus Fund), Agreement and Declaration (John Hancock Asset-Based Lending Fund), Agreement and Declaration of Trust (John Hancock Preferred Income Fund)

Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration are severable, and if the Trustees shall determine, with the advice of legal counsel, that any of such provisions is in conflict with the 1940 Act, the Internal Revenue regulated investment company provisions of the Code of 1986 or with other applicable laws and regulations, the conflicting provision shall be construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionthis Declaration; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration or render invalid or improper any action taken or omitted prior to such determination.

Appears in 16 contracts

Samples: Agreement and Declaration (John Hancock Exchange-Traded Fund Trust), Agreement and Declaration (John Hancock Exchange-Traded Fund Trust), Amended and Restated Agreement and Declaration of Trust (John Hancock Exchange-Traded Fund Trust)

Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration are severable, and if the Trustees shall determine, with the advice of legal counsel, that any of such provisions is in conflict with the 1940 Act, the regulated investment company or other provisions of the Internal Revenue Code of 1986 1986, as amended, or with other applicable laws and regulations, the conflicting provision shall be construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionDeclaration; provided, provided however, that such determination shall not affect any of the remaining provisions of this the Declaration or render invalid or improper any action taken or omitted prior to such determination.

Appears in 3 contracts

Samples: Touchstone Variable Series Trust (Touchstone Variable Series Trust), Touchstone Variable Series Trust (Touchstone Variable Series Trust), Touchstone Variable Series Trust (Touchstone Variable Series Trust)

Provisions in Conflict with Law or Regulations. (a1) The provisions of this Declaration Agreement are severable, and if the Trustees Directors shall determine, with the advice of legal counsel, that any of such provisions provision is in conflict with the 1940 Act, the regulated investment company provisions of the Internal Revenue Code of 1986 1986, as amended (or any successor statute thereto), and the regulations thereunder, the Act or with other applicable laws and regulations, the conflicting provision shall be construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionthis Agreement; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration Agreement or render invalid or improper any action taken or omitted prior to such determination.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Master Bond LLC), Limited Liability Company Agreement (Master Bond LLC)

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Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration are severable, and if the Trustees shall determine, with the advice of legal counsel, that any of such provisions is in conflict with the 1940 Act, the Internal Revenue Code of 1986 or with other applicable laws and regulations, the conflicting provision shall be construed in such a manner consistent with such law as may most closely reflect the intention of the offending provision; provided, however, that such determination shall not affect any of the remaining provisions of this Declaration or render invalid or improper any action taken or omitted prior to such determination.

Appears in 1 contract

Samples: Highland Capital Fixed Income Fund

Provisions in Conflict with Law or Regulations. (a) The provisions of this the Declaration are severable, and if the Trustees shall determine, with the advice of legal counsel, that any of such provisions is in conflict with the 1940 Act, the regulated investment company or other provisions of the Internal Revenue Code of 1986 1986, as amended, or with other applicable laws and regulations, the conflicting provision shall be construed in such deemed never to have constituted a manner consistent with such law as may most closely reflect the intention part of the offending provisionDeclaration; provided, however, that such determination shall not affect any of the remaining provisions of this the Declaration or render invalid or improper any action taken or omitted prior to such determination.

Appears in 1 contract

Samples: Investment Advisory Agreement (MFS Government Securities Fund)

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