Common use of Redemptions Clause in Contracts

Redemptions. The Trust shall purchase such Shares as are offered by any Shareholder for redemption, upon the presentation of a proper instrument of transfer together with a request directed to the Trust or a Person designated by the Trust that the Trust purchase such Shares or in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form. The obligation set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kind.

Redemptions. The Trust shall purchase such Shares as are offered by any Each Shareholder for redemption, upon the presentation of a proper instrument Series shall have the right at such times as may be permitted by the Trustees to require the Series to redeem all or any part of transfer together with his Shares at a request directed redemption price per Share equal to the Trust or a Person designated by the Trust that the Trust purchase Net Asset Value per Share at such Shares or in accordance with such other procedures for redemption time as the Trustees may from time shall have prescribed by resolution, or, to time authorize; the extent permitted by the 1940 Act, at such other redemption price and at such times as the Trust will pay therefor Trustees shall prescribe by resolution. In the net asset value thereof absence of such resolution, the redemption price per Share shall be the Net Asset Value next determined after receipt by the Series of a request for redemption in proper form less such charges as are determined by the Trustees (or by such Person or Persons to whom such determination has been delegated), and described in accordance with any applicable provisions the Trust's Registration Statement for that Series under the Securities Act of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form1933. The obligation set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidaysTrustees may specify conditions, or if permitted by the rules prices, and regulations or an order places of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable redemption, may specify binding requirements for the Trust to dispose proper form or forms of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request requests for redemption or receive payment based on and may specify the net asset value per Share next determined after the termination amount of such suspension, less any fees imposed on such redemptiondeferred sales charge to be withheld from redemption proceeds. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part Payment of the redemption price may be determined wholly or partly in securities or other assets at the value of such securities or assets used in such determination of Net Asset Value, or may be in cash. Upon redemption, Shares may be reissued from time to time. The Trustees may require Shareholders to redeem Shares for any reason under procedures approved terms set by the Trustees, including, but not limited to, the failure of a Shareholder to supply a taxpayer identification number if required to do so, or to have the minimum investment required, or to pay when due for the purchase of Shares issued to him. To the extent permitted by law, the Trustees in their sole discretion. In no case shall may retain the proceeds of any redemption of Shares required by them for payment of amounts due and owing by a Shareholder to the Trust be liable for or any delay Series or Class or any governmental authority. Notwithstanding the foregoing, the Trustees may postpone payment of the redemption price and may suspend the right of the Shareholders to require any corporation Series or other Person in transferring securities selected for delivery as all or part Class to redeem Shares during any period of any payment in kindtime when and to the extent permissible under the 1940 Act.

Redemptions. The Trust shall purchase such Shares as are offered by any Shareholder for redemption, upon the presentation of a proper instrument of transfer together with a request directed to the Trust or a Person designated by the Trust that the Trust purchase such Shares or in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form. The obligation set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “"Exchange”") is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kind.

Redemptions. The Trust shall purchase such Shares as are offered by any Shareholder for In the case of a redemption, upon the presentation Company shall deliver the Event of Default Redemption Price or the Optional Redemption Price to the Holder on or prior to the Event of Default Redemption Date or the Optional Redemption Date, respectively. The Company shall pay the applicable Event of Default Redemption Price or Optional Redemption Price to the Holder in cash by wire transfer of immediately available funds pursuant to wire instructions provided by the Holder in writing to the Company on the applicable due date. In the event of a proper instrument redemption of transfer together with a request directed less than all of the Conversion Amount of this Note, the Company shall promptly cause to be issued and delivered to the Trust or Holder a Person designated by the Trust that the Trust purchase such Shares or new Note (in accordance with Section 14(d)) representing the outstanding Principal which has not been redeemed and any accrued Interest on such other procedures Principal which shall be calculated as if no Redemption Notice had been delivered. In the event that the Company does not pay the applicable Redemption Price to the Holder within the time period required, at any time thereafter and until the Company pays such unpaid Redemption Price in full, the Holder shall have the option, in lieu of redemption, to require the Company to promptly return to the Holder all or any portion of this Note representing the Conversion Amount that was submitted for redemption as and for which the Trustees may from time applicable Redemption Price has not been paid. Upon the Company’s receipt of such notice, (x) the applicable Redemption Notice shall be null and void with respect to time authorize; and such Conversion Amount, (y) the Trust will pay therefor the net asset value thereof as determined by the Trustees Company shall immediately return this Note, or issue a new Note (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions Section 14(d)) to the Holder representing such Conversion Amount to be redeemed and (z) the Conversion Price of this Agreement and applicable law, less any fees imposed on Note or such redemption. Unless extraordinary circumstances exist, payment for said Shares new Notes shall be made by the Trust adjusted to the Shareholder within seven lesser of (7A) days after the Conversion Price as in effect on the date on which the request applicable Redemption Notice is made in proper form. The obligation set forth in this Section 7.3 voided and (B) the lowest Closing Bid Price of the Common Stock during the period beginning on and including the date on which the applicable Redemption Notice is subject delivered to the provision Company and ending on and including the date on which the applicable Redemption Notice is voided; provided, however, that in the no event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust Conversion Price be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kinda price less than the Market Price.

Redemptions. (a) The Series B Preferred Stock may not be redeemed by the Corporation prior to the third anniversary of the Effective Date. Thereafter, the Corporation, at its option, may redeem in whole at any time the shares of Series B Preferred Stock at the time outstanding, upon notice given as provided in Section 7(c) below, at a redemption price per share payable in cash equal to the greater of (i) 125.0% of the sum of (A) the Liquidation Preference, plus (B) all accrued and unpaid dividends, whether or not declared, up to, but excluding, the date fixed for redemption and (ii) 110% of (A) the number of shares of Common Stock into which a share of Series B Preferred Stock would be convertible on the Trading Day immediately prior to the date fixed for redemption (assuming receipt of the Shareholder Approvals) multiplied by (B) the Closing Price of Common Stock on such Trading Day; provided that in no event shall such redemption price exceed 150% of the amount determined in accordance with clause (i) above. The redemption price for any shares of Series B Preferred Stock shall be payable on the redemption date to the Holder of such shares against surrender of the certificate(s) evidencing such shares to the Corporation or its agent. Any declared but unpaid dividends payable on a redemption date that occurs subsequent to a Record Date for a Preferred Dividend Period shall not be paid to the Holder entitled to receive the redemption price on the redemption date, but rather shall be paid to the holder of record of the redeemed shares on such Record Date. (b) The Series B Preferred Stock will not be subject to any mandatory redemption, sinking fund or other similar provisions. Holders of Series B Preferred Stock will have no right to require redemption of any shares of Series B Preferred Stock. (c) Notice of every redemption of shares of Series B Preferred Stock shall be given by first class mail, postage prepaid, addressed to the Holders of the shares to be redeemed at their respective last addresses appearing on the books of the Corporation. Such mailing shall be at least 30 days and not more than 60 days before the date fixed for redemption; provided, however, that failure to give such notice by mail, or any defect in such notice or in the mailing thereof, to any Holder of shares of Series B Preferred Stock designated for redemption shall not affect the validity of the proceedings for the redemption of any other shares of Series B Preferred Stock to be so redeemed except as to the Holder to whom the Corporation has failed to give such notice or except as to the Holder to whom notice was defective. Notwithstanding the foregoing, if the Series B Preferred Stock or any depositary shares representing interests in the Series B Preferred Stock are issued in book-entry form through The Depository Trust Company or any other similar facility, notice of redemption may be given to the Holders of Series B Preferred Stock at such time and in any manner permitted by such facility. Each such notice given to a Holder shall purchase state: (1) the redemption date; (2) the number of shares of Series B Preferred Stock to be redeemed; (3) the redemption price (or manner of determination of the redemption price); and (4) the place or places where certificates for such Shares shares are to be surrendered for payment of the redemption price. (d) If notice of redemption has been duly given as are offered provided in Section 7(c) and if on or before the redemption date specified in the notice all funds necessary for the redemption have been set aside by any Shareholder the Corporation, separate and apart from its other funds, in trust for the pro rata benefit of the Holders of the shares called for redemption, upon the presentation of a proper instrument of transfer together with a request directed so as to the Trust or a Person designated by the Trust be and continue to be available therefor, then, notwithstanding that the Trust purchase such Shares or in accordance with such other procedures any certificate for any share so called for redemption as has not been surrendered for cancellation, on and after the Trustees may from time to time authorize; and redemption date unless the Trust will pay therefor Corporation defaults in the net asset value thereof as determined by payment of the Trustees (or by such Person or Persons to whom such determination has been delegated)redemption price, in accordance which case such rights shall continue until the redemption price is paid, dividends shall cease to accrue on all shares so called for redemption, all shares so called for redemption shall no longer be deemed outstanding and all rights with any applicable provisions respect to such shares shall forthwith on such redemption date cease and terminate, except only the right of this Agreement and applicable law, less any fees imposed the Holders thereof to receive the amount payable on such redemption, without interest. Unless extraordinary circumstances existAny funds unclaimed at the end of two years from the redemption date shall, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form. The obligation set forth in this Section 7.3 is subject extent permitted by law, be released to the provision that in the event that any Corporation, after which time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order Holders of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable shares so called for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect redemption shall look only to the Trust or such Portfolio or during any other period permitted by order of the Commission Corporation for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved of such shares. Shares of outstanding Series B Preferred Stock that are redeemed, purchased or otherwise acquired by the Trustees in their sole discretion. In no case Corporation, or converted into another series of Preferred Stock, shall the Trust be liable for any delay cancelled and shall revert to authorized but unissued shares of any corporation or other Person in transferring securities selected for delivery Preferred Stock undesignated as all or part of any payment in kindto series.

Redemptions. The (a) No Shareholder shall have any right to redeem Shares. Except as otherwise provided in this Declaration of Trust, no Shareholder or other person holding Shares shall have any ability to withdraw from the Trust shall purchase such or to tender Shares as are offered by any Shareholder for redemption, upon the presentation of a proper instrument of transfer together with a request directed to the Trust for repurchase or otherwise to request repurchase of such Shares. From time to time, the Trust may redeem or repurchase its Shares, all upon such terms and conditions as may be determined by the Trustees and subject to any applicable provisions of the 1940 Act, as it may be amended from time to time, or any exemption therefrom or interpretation thereof. The Trust may require Shareholders to pay a Person withdrawal charge, a sales charge, or any other form of charge to the Trust, to the Principal Underwriter or to any other person designated by the Trust that the Trust purchase Trustees upon redemption or repurchase of Shares in such Shares or in accordance with such other procedures for redemption amount as the Trustees may shall be determined from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (Trustees. The Trust may also charge a redemption or by such Person or Persons repurchase fee, payable to whom such determination has been delegated)the Trust, in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemptionamount as may be determined from time to time by the Trustees. Unless extraordinary circumstances exist, payment Payment for said Shares shall be made by the Trust to as permitted under the Shareholder within seven (7) days after the date on which the request is made in proper form1940 Act. The obligation provisions set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”8.2(a) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the TrusteesBoard of Trustees as permitted under the 1940 Act, or any exemption therefrom or interpretation thereof. In The Trustees may from time to time specify conditions, not inconsistent with the case 1940 Act, as it may be amended from time to time, or any exemption therefrom or interpretation thereof, regarding the redemption or repurchase of Shares of the Trust, which may include establishing a maximum amount of Shares that may be repurchased and prorating Shares tendered for repurchase if the repurchase is oversubscribed. The Trustees may, in their sole discretion, cause the Trust to repurchase all of a suspension of the right of redemption as provided hereinShareholder’s Shares, a Shareholder may either withdraw the request for redemption or receive payment based on if the net asset value per Share next of the Shareholder’s Shares, or the aggregate number of the Shareholder’s Shares, as a result of repurchase or transfer requests by the Shareholder, is less than any minimum amount established by the Trustees from time to time in their sole discretion. In the event that a Shareholder shall submit a request for the repurchase of a greater number of Shares than are allocated to such Shareholder, such request shall not be honored. The Trustees may declare a suspension of any repurchases or postpone the date of payment as permitted under the 1940 Act. Such suspension shall take effect at such time as the Trustees shall specify and thereafter there shall be no right of repurchase or payment until the Trustees shall declare the suspension at an end. (b) Subject to Section 8.2(a) hereof, the Trust may redeem or repurchase Shares at their net asset value or at such other price as is not inconsistent with the 1940 Act, as it may be amended from time to time, or any exemption therefrom or interpretation thereof, which may be reduced by any sales charge, withdrawal charge, redemption or repurchase fee, or any other form of charge authorized by the Trustees. Net asset value shall be determined after the termination as set forth in Section 8.3 hereof as of such suspensiontime as the Trustees shall have prescribed. Subject to Section 8.2(a) hereof, less any fees imposed preferred shares may be redeemed or repurchased on such redemptionterms as are stipulated in the document or resolution of the Trustees establishing their terms. Payment for Shares redeemed or repurchased shall be made in cash or in property out of the assets of the Trust to the Shareholder of record at such time and in the manner, not inconsistent with the 1940 Act or other applicable laws. (c) Subject to applicable federal law law, including the 1940 Act, the redemption or repurchase price may be paid, in any case or cases be paid cases, wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemedTrust, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption or repurchase price may be determined by or under procedures approved by authority of the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person person in transferring securities selected for delivery as all or part of any payment in kind. (d) The Trustees may cause the Trust to repurchase or redeem Shares of a Shareholder or any person acquiring Shares from or through a Shareholder, on terms the Trustees believe are fair to the Trust and to the Shareholder or any person acquiring Shares from or through such Shareholder, in the event that the Trustees, in their sole discretion, determine or have reason to believe that: (i) the Shares have been transferred in violation of Section 2.4, or the Shares have vested in any person other than by operation of law as the result of the death, dissolution, bankruptcy, insolvency or adjudicated incompetence of the Shareholder; (ii) ownership of the Shares by a Shareholder or other person is likely to cause the Trust to be in violation of, or require registration of any Shares under, or subject the Trust to additional registration or regulation under, the securities, commodities or other laws of the United States or any other relevant jurisdiction; (iii) continued ownership of the Shares may be harmful or injurious to the business or reputation of the Trust, the Trustees or the Investment Adviser or any of their Affiliated Persons, or may subject the Trust or any of the Shareholders to an undue risk of adverse tax or other fiscal or regulatory consequences; (iv) any of the representations and warranties made by a Shareholder or other person in connection with the acquisition of the Shares was not true when made or has ceased to be true; or (v) it would be in the best interests of the Trust, as determined by the Trustees, for the Trust to repurchase the Shares. (e) If all of a Shareholder’s Shares are repurchased or redeemed, that Shareholder will cease to be a Shareholder.

Redemptions. The Trust Agent shall purchase such Shares receive and shall stamp with the date of receipt, all certificates delivered to it for redemption or repurchase as are offered by any Shareholder well as all requests for redemptions or repurchase of shares and shall process said certificate and redemption and repurchase requests as follows: 4.01 Upon receipt of a request for redemption, upon Agent will determine if any of the presentation shares to be redeemed have been purchased within the previous thirty (30) calendar days. If it is determined that any portion of the shares to be redeemed have been purchased within the previous thirty (30) calendar days, Agent will promptly obtain the necessary information relative to the check used to purchase the shares, and will call the paying bank requesting confirmation that the check in question has been paid. 4.02 If such certificates, redemption request or repurchase request comply with the standards for redemption or repurchase as approved by the Trust and if it is determined that none of the shares to be redeemed have been purchased within the previous thirty (30) calendar days or if Agent has not received information that the check in question has been returned to Agent as unpaid by the close of Agent’s business on the date of receipt of the redemption request, Agent shall notify Trust of the total number of shares presented and covered by such requests received by Agent on said date. On or prior to the seventh calendar day succeeding any such receipt of certificates or request for redemption or repurchase, Agent shall from cash available in the bank account maintained by the Custodian, pay the applicable redemption or repurchase price, as the case may be, to the investor as set forth in the Articles of Incorporation and the then current prospectus of the Trust. 4.03 If by the end of the seventh (7) calendar day after receipt of a proper instrument redemption request Agent has been unable to determine the status of transfer any check in question, Agent will calculate the amount due to the shareholder for shares which were purchased and credited to the shareholder’s account over thirty (30) days prior to receipt of the redemption request and will send a check representing the proceeds of the redemption of these shares to the shareholder, together with a letter of explanation. Funds representing redemption of shares purchased within the prior thirty (30) days will be held until the paying bank can confirm payment of the check used for purchase of shares. 4.04 If any certificate or request directed for redemption or repurchase does not comply with the standards for redemption approved by the Trust, Agent shall promptly notify the investor of such fact, together with the reason therefor, and shall effect such redemption or repurchase at the price applicable to the Trust or a Person designated by the Trust that the Trust purchase such Shares date and time of receipt of documents complying with said standards, or in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form. The obligation set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption repurchase, at such other time as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property shall so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kinddirect.

Redemptions. (a) The Trust shall purchase such Shares as are offered by any Shareholder for redemption, upon the presentation of a proper instrument of transfer together with a request directed to the Trust or a Person designated by the Trust that the Trust purchase such Shares or redemption in accordance with such other procedures for redemption as the Trustees may from time to time authorize; authorize for the redemption of Shares, and the Trust will pay therefor therefor, solely from the assets held with respect to the applicable Series, the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated)thereof, in accordance with any the applicable provisions of this Agreement and applicable lawthe 1940 Act, less any charges or fees imposed on such redemption. To the extent permitted by law, the Trustees may retain the proceeds of any redemption of Shares required by them for payment of amounts due and owing by a Shareholder to the applicable Series or the Trust. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request for redemption is made received in proper form. The obligation set forth in this Section 7.3 7.2 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the New York Stock Exchange is restricted restricted, or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio Series or to determine fairly the value of the net assets held with respect to the Trust or of such Portfolio Series, or during any other period permitted by order of the Commission for the protection of investors, such obligations obligation may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any charges or fees imposed on such redemption. On and after the date of redemption, Shares redeemed pursuant to this Section 7.2 shall no longer be deemed to be outstanding for any purpose and the Shareholder shall cease to have any rights as a holder of such Shares, except for the right to receive payment of the redemption price. (b) Subject to applicable federal law including the 1940 Act, the redemption price may be paid, in any case or cases be paid cases, wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for Series of which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined by or under procedures approved by authority of the Trustees in their sole discretion. In no case shall . (c) The Trustees may require any Shareholder or group of Shareholders (including some or all of the Shareholders of any Series or Class) to redeem Shares for any reason as determined by the Trustees, in their sole discretion, including: (i) the determination of the Trustees that direct or indirect ownership of Shares has or may become concentrated to an extent that would disqualify any Series or the Trust as a regulated investment company under the Internal Revenue Code; (ii) the failure to supply a tax identification number or other identifying information required to comply with applicable law or regulation; (iii) if the Share activity of the account or ownership of Shares by a particular Shareholder is deemed by the Trustees either to affect adversely the Trust or any Series, or not to be liable for any delay in the best interests of the remaining Shareholders of any corporation Series or other Person Class; (iv) the failure of a Shareholder to pay when due the consideration for the purchase of Shares issued to him; or (v) if a Shareholder fails to meet or maintain the qualifications for ownership of Shares of a particular Series or Class. Any such redemption shall be effected at the redemption price and in transferring securities selected for delivery as all or part of any payment the manner provided in kindthis Section 7.2.

Redemptions. (a) The Participant understands and agrees that Redemption Orders may be submitted only on days that the Trust shall purchase is open for business, as required by Section 22(e) of the Investment Company Act of 1940. (b) The Participant represents, warrants and agrees that, upon its demand to redeem any Creation Unit of ETF Shares of any Fund, the Participant or the party for which it is acting, as the case may be, owns (within the meaning of Rule 200 of Regulation SHO) or has borrowed or has arranged to borrow the number of ETF Shares of the relevant Fund to be redeemed as a Creation Unit; in each such case, the ETF Shares will be delivered to the Fund on or prior to the Contractual Settlement Date of the Redemption Order. In either case, the Participant acknowledges that: (i) it or, if applicable, its Participant Client, has or will have full legal authority and legal right to deliver the requisite number of ETF Shares of the relevant Fund to be redeemed as a Creation Unit on the Contractual Settlement Date; (ii) it has or, if applicable, its Participant Client has, full legal authority and legal right to receive the entire proceeds of the redemption on the Contractual Settlement Date; and (iii) if such ETF Shares submitted for redemption have been loaned or pledged to another party or are offered by the subject of a repurchase agreement, securities lending agreement, or any Shareholder other arrangement affecting legal or beneficial ownership of such ETF Shares being submitted for redemption, upon there are no restrictions precluding the presentation delivery of such ETF Shares (including borrowed ETF Shares, if any) for redemption, free and clear of liens, on the Contractual Settlement Date. In the event that the Distributor, the Trust and/or the Transfer Agent reasonably believes that the Participant does not own or have available for delivery the requisite number of ETF Shares to be redeemed as a Creation Unit to deliver by the Contractual Settlement Date, the Trust, the Distributor and/or the Transfer Agent may require the Participant to deliver or execute supporting documentation evidencing ownership of sufficient ETF Shares, or its right to deliver sufficient ETF Shares of the relevant Fund, in order for the Redemption Order to be in proper instrument of transfer together with a request directed form and, if such documentation is not satisfactory to the Distributor, the Trust and/or the Transfer Agent, in their sole discretion, then the Trust and/or the Distributor or the Transfer Agent, upon consultation with the Trust, may reject without liability the Participant’s Redemption Order. Failure to deliver or execute the requested supporting documentation may result in the Participant’s Redemption Order being rejected as not in proper form. (c) The Participant understands that ETF Shares of any Fund may be redeemed only when one or more Creation Units are held in its account. (d) In the event that the Participant receives Fund Instruments, which includes cash in lieu of all or a Person designated by portion of investments as provided in the Trust that Prospectus, the Trust purchase such Shares or in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor value of which exceeds the net asset value thereof as determined by of the Trustees (applicable Fund at the time of redemption, the Participant agrees to pay, on the same business day it is notified, or by such Person or Persons cause the Participant Client to whom such determination has been delegated)pay, in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances existday, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made applicable Fund an amount in proper form. The obligation set forth in this Section 7.3 is subject cash equal to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends difference or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect return such Fund Instruments to the Trust or such Portfolio or during any other period permitted by order of Fund, unless the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kindparties otherwise agree.

Redemptions. All outstanding Shares of any Series and Class of the Trust may be redeemed at the option of the holders thereof, upon and subject to the terms and conditions provided in this Article VII. The Trust shall, upon application of any Shareholder or pursuant to authorization from any Shareholder of a particular Series or Class, redeem or repurchase from such Shareholder outstanding Shares of such Series or Class for the following amount: with respect to the Shares of any Series, the then current net asset value of such Shares. For purposes of paragraph (b): (A) if a redemption request identifies Shares to be redeemed by indicating the manner and date of their acquisition, then the Trust shall purchase redeem the Shares so identified; (B) if a redemption request does not contain such identification of the Shares to be redeemed, then to the extent of the number of Shares which are the subject thereof, such redemption request shall be deemed to request the redemption of Shares held by the Shareholder in the following order: first, Shares purchased at least one year before receipt of such redemption request; second, Shares acquired upon reinvestment of dividends or distributions; and third, Shares purchased less than one year before receipt of such redemption request; and (C) the Trustees may implement such procedures, including procedures related to the transfer of Shares, and take such actions as are offered necessary for the Trust to effect redemptions in a manner consistent with this paragraph (b). Notwithstanding the provisions of Section 10.4 of this Declaration, the Trustees may amend this Declaration to modify or delete the provisions contained in paragraph (b) of this Section 7.1 by an instrument in writing signed by a majority of the then Trustees (or by an officer of the Trust pursuant to the vote of a majority of such Trustees) without obtaining shareholder approval. If so authorized by the Trustees, the Trust may, at any Shareholder time and from time to time, charge fees or deferred sales charges for effecting such redemption, upon the presentation of a proper instrument of transfer together with a request directed to the Trust or a Person designated by the Trust that the Trust purchase at such Shares or in accordance with such other procedures for redemption rates as the Trustees may establish, as and to the extent permitted under the 1940 Act, and may, at any time and from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by time, pursuant to such Person or Persons to whom Act, suspend such determination has been delegated), in accordance with any applicable provisions right of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment The procedures for said Shares effecting redemption shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form. The obligation as set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held Prospectus with respect to the applicable Series or Class from time to time. The Trust may repurchase Shares directly, through the Distributor or such Portfolio or during any other period permitted by order of the Commission another agent designated for the protection of investors, such obligations may be suspended or postponed purpose by agreement with the Trustees. In the case of owner thereof at a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on price not exceeding the net asset value per Share next share as determined after as of the termination time when the contract purchase is made or the net asset value as of such suspensionany time which may be later determined pursuant to Section 8.1 hereof, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such provided payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof not made for which the Shares are being redeemed, and prior to the fair value, selection and quantity time as of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kindwhich such net asset value is determined.

Redemptions. (a) The Participant understands and agrees that Redemption Orders may be submitted only on days that the Trust shall purchase is open for business, as required by Section 22(e) of the Investment Company Act of 1940, as amended (the “1940 Act”). (b) The Participant represents, warrants and agrees that, upon its demand to redeem any Creation Unit of Shares of any Fund, the Participant or the party for which it is acting, as the case may be, owns (within the meaning of Rule 200 of Regulation SHO) or has borrowed or has arranged to borrow the number of Shares of the relevant Fund to be redeemed as a Creation Unit; in each such case, the Shares will be delivered to the Fund on or prior to the Contractual Settlement Date of the Redemption Order. In either case, the Participant acknowledges that: (i) it or, if applicable, its Participant Client, has or will have full legal authority and legal right to deliver the requisite number of Shares of the relevant Fund to be redeemed as a Creation Unit on the Contractual Settlement Date; (ii) it has or, if applicable, its Participant Client has, full legal authority and legal right to receive the entire proceeds of the redemption on the Contractual Settlement Date; and (iii) if such Shares as submitted for redemption have been loaned or pledged to another party or are offered by the subject of a repurchase agreement, securities lending agreement, or any Shareholder other arrangement affecting legal or beneficial ownership of such Shares being submitted for redemption, upon there are no restrictions precluding the presentation delivery of such Shares (including borrowed shares, if any) for redemption, free and clear of liens, on the Contractual Settlement Date. In the event that the Distributor, the Trust and/or the Transfer Agent reasonably believes that the Participant does not own or have available for delivery the requisite number of Shares to be redeemed as a Creation Unit to deliver by the Contractual Settlement Date, the Trust, the Distributor and/or the Transfer Agent may require the Participant to deliver or execute supporting documentation evidencing ownership of sufficient Shares, or its right to deliver sufficient Shares of the relevant Fund, in order for the Redemption Order to be in proper instrument of transfer together with a request directed form and, if such documentation is not satisfactory to the Distributor, the Trust and/or the Transfer Agent, in their sole discretion, then the Trust and/or the Distributor or the Transfer Agent, upon consultation with the Trust, may reject without liability the Participant’s Redemption Order. Failure to deliver or execute the requested supporting documentation may result in the Participant’s Redemption Order being rejected as not in proper form. (c) The Participant understands that Shares of any Fund may be redeemed only when one or more Creation Units are held in its account. (d) In the event that the Participant receives Fund Securities, which includes cash in lieu of all or a Person designated by portion of investments as provided in the Trust that Prospectus, the Trust purchase such Shares or in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor value of which exceeds the net asset value thereof as determined by of the Trustees (applicable Fund at the time of redemption, the Participant agrees to pay, on the same business day it is notified, or by such Person or Persons cause the Participant Client to whom such determination has been delegated)pay, in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances existday, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made applicable Fund an amount in proper form. The obligation set forth in this Section 7.3 is subject cash equal to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends difference or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect return such Fund Securities to the Trust or such Portfolio or during any other period permitted by order of Fund, unless the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kindparties otherwise agree.

Redemptions. The Trust shall purchase such Shares as are offered by any Shareholder for redemption, upon the presentation of a proper instrument of transfer together with a request directed to the Trust or a Person designated by the Trust that the Trust purchase such Shares or in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form. The obligation set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio Fund or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio Fund or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio Fund or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kind.

Redemptions. The (a) Except to the extent included as part of the Trust’s Fundamental Policies and subject to any restrictions or limitations contained therein, no Shareholder shall have any right to redeem Shares. Except as otherwise provided in this Declaration of Trust, no Shareholder or other person holding Shares shall have any ability to withdraw from the Trust shall purchase such or to tender Shares as are offered by any Shareholder for redemption, upon the presentation of a proper instrument of transfer together with a request directed to the Trust for repurchase or otherwise to request repurchase of such Shares. From time to time, the Trust may redeem or repurchase its Shares, all upon such terms and conditions as may be determined by the Trustees and subject to any applicable provisions of the 1940 Act, as it may be amended from time to time, or any exemption therefrom or interpretation thereof. The Trust may require Shareholders to pay a Person withdrawal charge, a sales charge, or any other form of charge to the Trust, to the Principal Underwriter or to any other person designated by the Trust that the Trust purchase Trustees upon redemption or repurchase of Shares in such Shares or in accordance with such other procedures for redemption amount as the Trustees may shall be determined from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (Trustees. The Trust may also charge a redemption or by such Person or Persons repurchase fee, payable to whom such determination has been delegated)the Trust, in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemptionamount as may be determined from time to time by the Trustees. Unless extraordinary circumstances exist, payment Payment for said Shares shall be made by the Trust to as permitted under the Shareholder within seven (7) days after the date on which the request is made in proper form1940 Act. The obligation provisions set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”8.2(a) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the TrusteesBoard of Trustees as permitted under the 1940 Act, or any exemption therefrom or interpretation thereof. In The Trustees may from time to time specify conditions, not inconsistent with the case 1940 Act, as it may be amended from time to time, or any exemption therefrom or interpretation thereof, regarding the redemption or repurchase of Shares of the Trust, which may include establishing a maximum amount of Shares that may be repurchased and prorating Shares tendered for repurchase if the repurchase is oversubscribed. The Trustees may, in their sole discretion, cause the Trust to repurchase all of a suspension of the right of redemption as provided hereinShareholder’s Shares, a Shareholder may either withdraw the request for redemption or receive payment based on if the net asset value per Share next of the Shareholder’s Shares, or the aggregate number of the Shareholder’s Shares, as a result of repurchase or transfer requests by the Shareholder, is less than any minimum amount established by the Trustees from time to time in their sole discretion. In the event that a Shareholder shall submit a request for the repurchase of a greater number of Shares than are allocated to such Shareholder, such request shall not be honored. The Trustees may declare a suspension of any repurchases or postpone the date of payment as permitted under the 1940 Act. Such suspension shall take effect at such time as the Trustees shall specify and thereafter there shall be no right of repurchase or payment until the Trustees shall declare the suspension at an end. (b) Subject to Section 8.2(a) hereof, the Trust may redeem or repurchase Shares at their net asset value or at such other price as is not inconsistent with the 1940 Act, as it may be amended from time to time, or any exemption therefrom or interpretation thereof, which may be reduced by any sales charge, withdrawal charge, redemption or repurchase fee, or any other form of charge authorized by the Trustees. Net asset value shall be determined after the termination as set forth in Section 8.3 hereof as of such suspensiontime as the Trustees shall have prescribed. Subject to Section 8.2(a) hereof, less any fees imposed preferred shares may be redeemed or repurchased on such redemptionterms as are stipulated in the document or resolution of the Trustees establishing their terms. Payment for Shares redeemed or repurchased shall be made in cash or in property out of the assets of the Trust to the Shareholder of record at such time and in the manner, not inconsistent with the 1940 Act or other applicable laws. (c) Subject to applicable federal law law, including the 1940 Act, the redemption or repurchase price may be paid, in any case or cases be paid cases, wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemedTrust, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption or repurchase price may be determined by or under procedures approved by authority of the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person person in transferring securities selected for delivery as all or part of any payment in kind. (d) The Trustees may cause the Trust to repurchase or redeem Shares of a Shareholder or any person acquiring Shares from or through a Shareholder, on terms the Trustees believe are fair to the Trust and to the Shareholder or any person acquiring Shares from or through such Shareholder, in the event that the Trustees, in their sole discretion, determine or have reason to believe that: (i) the Shares have been transferred in violation of Section 2.4, or the Shares have vested in any person other than by operation of law as the result of the death, dissolution, bankruptcy, insolvency or adjudicated incompetence of the Shareholder; (ii) ownership of the Shares by a Shareholder or other person is likely to cause the Trust to be in violation of, or require registration of any Shares under, or subject the Trust to additional registration or regulation under, the securities, commodities or other laws of the United States or any other relevant jurisdiction; (iii) continued ownership of the Shares may be harmful or injurious to the business or reputation of the Trust, the Trustees or the Investment Adviser or any of their Affiliated Persons, or may subject the Trust or any of the Shareholders to an undue risk of adverse tax or other fiscal or regulatory consequences; (iv) any of the representations and warranties made by a Shareholder or other person in connection with the acquisition of the Shares was not true when made or has ceased to be true; or (v) it would be in the best interests of the Trust, as determined by the Trustees, for the Trust to repurchase the Shares. (e) If all of a Shareholder’s Shares are repurchased or redeemed, that Shareholder will cease to be a Shareholder.

Redemptions. (a) The Trust shall purchase Participant understands and agrees that Redemption Orders may be submitted only on days that the Fund is open for business, including as required by Section 22(e) of the 1940 Act (each such day, a “Business Day”). (b) The Participant represents and warrants that it will not attempt to place a Redemption Order for the purpose of redeeming any Creation Units unless it first ascertains that it or for the party for which it is acting, as the case may be, owns (within the meaning of Rule 200 of Regulation SHO) outright or has full legal authority and legal and beneficial right to tender for redemption the requisite number of Shares redemption such Shares as have not been loaned or pledged to another party and are offered by not the subject of a repurchase agreement, securities lending agreement, or any Shareholder for redemptionother agreement that would preclude the delivery of such Shares to the Fund. The Fund reserves the right to verify these representations at its discretion but will typically require verification with respect to a redemption request from the Fund in connection with higher levels of redemption activity and/or short interest in the Fund. If the Participant, upon the presentation receipt of a verification request, does not provide sufficient verification of its representations as determined by the Fund, the redemption request will not be considered to have been received in proper instrument form and may be rejected by the Fund. (c) The Participant understands that Shares of transfer together the Fund may be redeemed only when one or more Creation Units are held in its account. If the Distributor, the Fund and/or the Transfer Agent reasonably believes that the Participant will not have the requisite number of Shares to be redeemed as a Creation Unit for delivery on the settlement date, the Fund and/or the Distributor or the Transfer Agent, upon consultation with a request directed to the Trust Fund, may reject without liability the Participant’s Redemption Order. (d) If the Participant receives Fund Securities, which may include cash in lieu of all or a Person designated by portion of such Fund Securities as provided in the Trust that Prospectus, the Trust purchase such Shares or in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor value of which exceeds the net asset value thereof as determined by of the Trustees (applicable Fund at the time of redemption, the Participant agrees to pay, on the same business day it is notified, or by such Person or Persons cause the Participant client to whom such determination has been delegated)pay, in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances existday, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made applicable Fund an amount in proper form. The obligation set forth in this Section 7.3 is subject cash equal to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends difference or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect return such Fund Securities to the Trust or such Portfolio or during any other period permitted by order of Fund, unless the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kindparties otherwise agree.

Redemptions. The Trust shall purchase such Shares as are offered by Borrower will not, and will not permit any Shareholder for redemption, upon the presentation of a proper instrument of transfer together with a request directed other Group Member to prior to the Trust or a Person designated by the Trust date that the Trust purchase such Shares or in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees is ninety-one (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (791) days after the date on which Maturity Date, call, make or offer to make any optional or voluntary Redemption of or otherwise optionally or voluntarily Redeem (whether in whole or in part), (i) any Permitted Unsecured Debt, (ii) any Permitted Second Lien Debt, (iii) any other Indebtedness of the request is made in proper form. The obligation type set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange clauses (the “Exchange”a), (h) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order (k) of the Commission during periods when trading on definition of Indebtedness (excluding (A) the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In Secured Obligations and (B) in the case of a suspension such other Indebtedness of the right type set forth in clause (a) of redemption as the definition of Indebtedness, Redemptions in an aggregate amount paid not to exceed $5,000,000) and (iv) any Permitted Refinancing Indebtedness in respect of the foregoing (such Indebtedness, collectively, the “Specified Indebtedness”); provided herein, a Shareholder that the Borrower may either withdraw prepay such Specified Indebtedness with the request for redemption proceeds of any Permitted Refinancing Indebtedness in respect thereof or receive payment based on with the net asset value per Share next cash proceeds of Equity Interests (other than Disqualified Capital Stock) of the Borrower so long as no Default, Event of Default or Borrowing Base Deficiency has occurred and is continuing or would occur as a result of such Redemption. The Borrower will not, and will not permit any Group Member to, call, make or offer to make any mandatory Redemption of any Specified Permitted Second Lien Debt unless (1) when the Revolving Credit Exposures of the Borrower exceed $0.00 (provided that no LC Exposure which has been Cash Collateralized in a manner consistent with Section 2.09(j) (or which is reasonably satisfactory to the Administrative Agent and Issuing Bank) shall count as Revolving Credit Exposure for purposes of such calculation) as determined after giving effect to any prepayments or repayments being made in respect of the termination Loans and/or Cash Collateralization of the Letters of Credit occurring substantially concurrently with such Redemption, no Default, Event of Default or Borrowing Base Deficiency has occurred and is continuing or would result as a result such Redemption and (2) the Borrowing Base Utilization Percentage as of the date of such suspension, Redemption is less any fees imposed on than eighty percent (80%) after giving effect to such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kindRedemption.

Redemptions. The Trust Agent shall purchase such Shares receive and shall stamp with the date of receipt, all certificates delivered to it for redemption or repurchase as are offered by any Shareholder well as all requests for redemptions or repurchase of shares and shall process said certificate and redemption and repurchase requests as follows: 4.01 Upon receipt of a request for redemption, upon Agent will determine if any of the presentation shares to be redeemed have been purchased within the previous thirty (30) calendar days. If it is determined that any portion of the shares to be redeemed have been purchased within the previous thirty (30) calendar days, Agent will promptly obtain the necessary information relative to the check used to purchase the shares, and will call the paying bank requesting confirmation that the check in question has been paid. 4.02 If such certificates, redemption request or repurchase request comply with the standards for redemption or repurchase as approved by the Trust and if it is determined that none of the shares to be redeemed have been purchased within the previous thirty (30) calendar days or if Agent has not received information that the check in question has been returned to Agent as unpaid by the close of Agent's business on the date of receipt of the redemption request, Agent shall notify Trust of the total number of shares presented and covered by such requests received by Agent on said date. On or prior to the seventh calendar day succeeding any such receipt of certificates or request for redemption or repurchase, Agent shall from cash available in the bank account maintained by the Custodian, pay the applicable redemption or repurchase price, as the case may be, to the investor as set forth in the Articles of Incorporation and the then current prospectus of the Trust. 4.03 If by the end of the seventh (7) calendar day after receipt of a proper instrument redemption request Agent has been unable to determine the status of transfer any check in question, Agent will calculate the amount due to the shareholder for shares which were purchased and credited to the shareholder's account over thirty (30) days prior to receipt of the redemption request and will send a check representing the proceeds of the redemption of these shares to the shareholder, together with a letter of explanation. Funds representing redemption of shares purchased within the prior thirty (30) days will be held until the paying bank can confirm payment of the check used for purchase of shares. 4.04 If any certificate or request directed for redemption or repurchase does not comply with the standards for redemption approved by the Trust, Agent shall promptly notify the investor of such fact, together with the reason therefor, and shall effect such redemption or repurchase at the price applicable to the Trust or a Person designated by the Trust that the Trust purchase such Shares date and time of receipt of documents complying with said standards, or in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form. The obligation set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption repurchase, at such other time as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property shall so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kinddirect.

Redemptions. (a) The Trust shall purchase Participant understands and agrees that Redemption Orders may be submitted only on days that a Fund is open for business, as required by Section 22(e) of the Investment Company Act of 1940, as amended. (b) The Participant represents, warrants and agrees that, as of the close of business on the day on which it has placed any Redemption Order, it or the customer on behalf of whom it is acting, as the case may be, will own (within the meaning of Rule 200 of Regulation SHO) or has arranged to borrow for delivery to the applicable Fund on or prior to the Contractual Settlement Date for such Redepemption Order the number of Shares to be redeemed as a Creation Unit. In either case, the Participant acknowledges that: (i) it has or if, applicable, its customer has full legal authority and legal right to tender for redemption the requisite number of Shares and to receive the entire proceeds of the redemption and (ii) if such Shares as submitted for redemption have been loaned or pledged to another party or are offered by the subject of a repurchase agreement, securities lending agreement or any Shareholder other arrangement affecting legal or beneficial ownership of such Shares, there are no restrictions precluding the tender and delivery of such Shares (including borrowed shares, if any) for redemption, upon free and clear of liens, on the presentation Contractual Settlement Date. In the event that the Distributor has reason to believe that the Participant does not own or have available for delivery the requisite number of a Shares to deliver by the Contractual Settlement Date, the Distributor may require the Participant to deliver or execute supporting documentation evidencing ownership or its right to deliver sufficient Shares in order for the Redemption Order to be in proper instrument of transfer together with a request directed form and, if such documentation is not satisfactory to the Trust or a Person designated by the Trust that the Trust purchase such Shares or in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated)Distributor, in accordance with any applicable provisions of this Agreement and applicable lawits reasonable discretion, less any fees imposed on such redemptionthe Distributor may reject the Redemption Order. Unless extraordinary circumstances exist, payment for said Shares shall be made by Failure to deliver or execute the Trust to the Shareholder within seven (7) days after the date on which the request is made requested supporting documentation may result in a Participant’s Redemption Order being rejected as not in proper form. . (c) The obligation set forth Participant understands that Shares of any Fund may be redeemed only when one or more Creation Units are held in the account of the Participant or when the Participant reasonably expects that one or more Creation Units will be held in its account in unencumbered form as of the relevant Contractual Settlement Date. (d) Notwithstanding anything to the contrary in this Section 7.3 is subject Agreement or the Prospectus, the Participant understands and agrees that residents of certain countries are entitled to receive only cash upon redemption of a Creation Unit. Accordingly, the provision that in the event Participant hereby represents that any time the New York Stock Exchange (the “Exchange”) is closed Redemption Order it submits for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading in-kind redemption has not been submitted on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case behalf of a suspension beneficial owner who is a resident of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may country requiring that all redemptions be made in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kindcash.

Redemptions. The Any Interestholder shall be entitled to require the Trust to redeem and the Trust shall purchase be obligated to redeem at the option of such Shares Interestholder all or any part of the Interests owned by said Interestholder, at the redemption price pursuant to the method, upon the terms and subject to the 1940 Act (including without limitation provisions permitting the suspension of redemptions in certain circumstances), the Registration Statement and the conditions hereinafter set forth: (a) The redemption price per Interest shall be the net asset value per Interest when next determined by the Trust at such time or times as are offered by any Shareholder the Trustees shall designate, following an appropriate request for redemption, upon (and the presentation of a certificates for Interests, if issued in proper instrument form for redemption), or such other time as the Trustees may designate in accordance with any provision of the 1940 Act, or any rule or regulation made or adopted by any securities association registered under the Securities Exchange Act of 1934, as determined by the Trustees, less any applicable redemption charge or fee imposed from time to time as determined by the Trustees. (b) Payment of the redemption price shall be made on or before the seventh day following the day on which the Interests are properly presented for redemption hereunder, except that delivery of any securities included in any such payment shall be made as promptly as any necessary transfers on the books of the issuers whose securities are to be delivered may be made and, except as postponement of the date of payment may be permissible under the 1940 Act. If certificates representing such Interests have been issued, the redemption or repurchase price need not be paid by the Trust until such certificates are presented in proper form for transfer together with a request directed to the Trust or a Person designated the agent of the Trust appointed for such purpose; however, the redemption or repurchase shall be effective, in accordance with the resolution of the Trustees, regardless of whether or not such presentation has been made. (c) Net asset value of each Interest (for the purpose of issuance of Interests as well as redemptions thereof) shall be determined according to the method specified in the Trust’s then current Registration Statement. The Trustees are empowered, in their absolute discretion and as special circumstances may require, to modify the methods for determining such net asset value whenever such modified methods are deemed by them to be necessary to enable the Trust to comply with applicable law, or are deemed by them to be desirable, provided they are not inconsistent with any provision of the 1940 Act. (d) Payment of the redemption price by the Trust that may be made either in cash or in securities or other assets at the time owned by the Trust purchase or partly in cash and partly in securities or other assets at the time owned by the Trust. The value of any part of such Shares payment to be made in securities or other assets of the Trust shall be the value employed in determining the redemption price. (e) The right of any holder of Interests redeemed by the Trust as provided in this Article VII to receive dividends or distributions thereon and all other rights of such Interestholder with respect to such Interests shall terminate at the time as of which the redemption price of such Interests is determined, except the right of such Interestholder to receive (i) the redemption price of such Interests from the Trust in accordance with the provisions hereof, and (ii) any dividend or distribution to which such other procedures Interestholder previously had become entitled as the record holder of such Interests on the record date for redemption such dividend or distribution. (f) Subject to applicable law, the Trust, either directly or through an agent, may repurchase its Interests, upon such terms and conditions and for such consideration as the Trustees may shall deem advisable, by agreement with the owner at a price not exceeding the net asset value per Interest as determined by or pursuant to the order of the Trustees at such time or times as the Trustees shall designate, less any applicable charge, if and as fixed by the Trustees from time to time, and to take all other steps deemed necessary or advisable in connection therewith. (g) Interests purchased or redeemed by the Trust shall be cancelled or held by the Trust for reissue, as the Trustees from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees may determine. (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7h) days after the date on which the request is made in proper form. The obligation obligations set forth in this Section 7.3 is subject to the provision that in the event that Article VII may be suspended or postponed, (1) for any time period (i) during which the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidaysfor customary weekend and holiday closings, or if permitted by the rules and regulations or an order of the Commission (ii) during periods when which trading on the New York Stock Exchange is restricted restricted, (2) for any period during which an emergency exists as a result of which (i) the disposal by the Trust of investments owned by it is not reasonably practicable, or during any emergency which makes (ii) it impracticable is not reasonably practicable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or fairly to determine fairly the value of its net assets, or (3) for such other periods as the net assets held with respect to the Trust Commission or such Portfolio or during any other period permitted successor governmental authority by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kindpermit.

Redemptions. The Trust shall purchase such Shares as are offered by any Shareholder for redemption, upon the presentation of a proper instrument of transfer together with a request directed to the Trust or a Person designated by the Trust that the Trust purchase such Shares or in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form. The obligation set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “"Exchange”") is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kind.

Redemptions. The Any Shareholder shall be entitled to require the Trust to redeem and the Trust shall purchase be obligated to redeem at the option of such Shareholder all or any part of the Shares as are offered owned by any Shareholder for redemptionsaid Shareholder, at the redemption price, pursuant to the method, upon the presentation of a terms and subject to the conditions hereinafter set forth: (a) Certificates for Shares, if issued, shall be presented for redemption in proper instrument of form for transfer together with a request directed to the Trust or a Person designated by the agent of the Trust appointed for such purpose, and these shall be presented with a written request that the Trust purchase such redeem all or any part of the Shares or in accordance with such other procedures for represented thereby. (b) The redemption as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares price per Share shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form. The obligation set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share when next determined after by the termination Trust at such time or times as the Trustees shall designate, following the time of presentation of certificates for Shares, if issued, and an appropriate request for redemption, or such suspension, less other time as the Trustees may designate in accordance with any fees imposed on such redemption. Subject to applicable federal law including provision of the 1940 Act, or any rule or regulation made or adopted by any securities association registered under the Securities Exchange Act of 1934, as amended, as determined by the Trustees, less any applicable charge or fee imposed from time to time as determined by the Trustees. (c) Payment of the redemption price by the Trust may be made either in any case cash or cases be paid wholly in securities or other assets at the time owned by the Trust or partly in kind if cash and partly in securities or other assets at the Trustees determine in their sole discretion that time owned by the Trust. The value of any part of such payment is advisable to be made in the interest of the remaining Shareholders securities or other assets of the Trust or any applicable Portfolio or Class thereof for which shall be the Shares are being redeemedvalue employed in determining the redemption price. Subject to the foregoing, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined by or under procedures approved authority of the Trustees. Payment of the redemption price shall be made on or before the seventh day following the effective date of a redemption, except that delivery of any securities included in any such payment shall be made as promptly as any necessary transfers on the books of the issuers whose securities are to be delivered may be made and except as postponement of the date of payment may be permissible under the 1940 Act. (d) The right of any holder of Shares redeemed by the Trustees Trust as provided in their sole discretion. In no case this Article VI to receive dividends or distributions thereon and all other rights of such Shareholder with respect to such Shares shall terminate at the time as of which the redemption price of such Shares is determined, except the right of such Shareholder to receive (1) the redemption price of such Shares from the Trust be liable in accordance with the provisions hereof, and (2) any dividend or distribution to which such Shareholder previously had become entitled as the record holder of such Shares on the record date for any delay of any corporation such dividend or other Person in transferring securities selected for delivery as all or part of any payment in kinddistribution.

Redemptions. The Trust Agent shall purchase receive and shall stamp with the date of receipt all written requests for the redemption of shares of Fund and shall record on a proper document all telephonic requests for redemption of shares of the Fund and shall process such Shares redemption requests as are offered by any Shareholder follows: 4.01 Upon receipt of a request for redemption, upon Agent will determine if any of the presentation shares to be redeemed have been purchased within the previous thirty (30) calendar days. If it is determined that any portion of the shares to be redeemed have been purchased within the previous thirty (30) calendar days, Agent will promptly obtain the necessary information relative to the check(s) used to purchase such shares and will contact the paying bank requesting positive confirmation that the check(s) in question has been paid. 4.02 If such redemption request complies with the standards for redemption as approved by the Fund and if it is determined that none of the shares to be redeemed have been purchased within the previous thirty (30) calendar days or if Agent has not received information that the check(s) in question were returned to Agent as unpaid by the close of Agent's business on the date of receipt of the redemption request, Agent shall notify Fund of the total number of shares presented and covered by such requests received by Agent on said date. on or prior to the seventh calendar day succeeding any such request for redemption, Agent shall, from cash available in the bank account maintained by the Fund, pay the applicable redemption price per share times the number of shares to be redeemed to the investor all as set forth in the Bylaws and the then current prospectus of the Fund. 4.03 If by the end of the seventh calendar day after receipt of a proper instrument redemption request Agent has been unable to determine the status of transfer any check(s) in question, Agent will calculate the amount due to the shareholder for shares which were purchased and credited to the shareholder's account over thirty (30) calendar days prior to receipt of the redemption request and will send a check representing the proceeds of the redemption of these shares to the shareholder, together with a request directed to letter of explanation. Funds representing redemption of shares purchased within the Trust or a Person designated by prior thirty (30) calendar days will be held until the Trust that the Trust purchase such Shares or in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, paying bank can confirm payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form. The obligation set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during check(s) used for purchase of such shares. 4.04 If any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less does not comply with any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the standards for redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case Fund, Agent shall promptly notify the Trust be liable for any delay shareholder of any corporation or other Person in transferring securities selected for delivery as all or part such fact(s) together with the reason(s) therefor, and shall effect such redemption at the price applicable to the date and time of any payment in kindreceipt of documents complying with such standards.

Redemptions. (a) The Trust shall purchase such Shares as are offered by any Shareholder for redemption, upon the presentation of a proper instrument of transfer together with a request directed to the Trust or a Person designated by the Trust Participant understands and agrees that Redemption Orders may be submitted only on days that the Trust purchase is open for business, as required by Section 22(e) of the 1940 Act. (b) The Participant represents and warrants that, as of the close of the Business Day on which the Redemption Order was submitted, it will not attempt to place a Redemption Order for the purpose of redeeming any Creation Units unless it first ascertains that it or its client, as the case may be, will own outright or have full legal authority and legal and beneficial right (within the meaning of the federal securities laws or regulations) to tender for redemption the requisite number of Shares to be redeemed and receive the entire proceeds of the redemption as of the Contractual Settlement Date, and that such Shares have not been loaned or pledged to another party and are not the subject of a repurchase agreement, securities lending agreement, or any other agreement that would preclude the delivery of such Shares to the Fund on the Contractual Settlement Date in accordance with such other procedures for redemption the terms of the Prospectus or as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined otherwise required by the Trustees (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper formTrust. The obligation set forth Trust reserves the right to verify these representations at its discretion. (c) The Participant understands that Shares of any Fund may be redeemed only when one or more Creation Units are held in this Section 7.3 is subject to the provision that in its account. (d) In the event that any time the New York Stock Exchange Distributor, Transfer Agent and/or the Trust reasonably believes in good faith that a Participant does not own or would not be able to deliver the requisite number of Shares to be redeemed as a Creation Unit on the Contractual Settlement Date, the Distributor, Transfer Agent and/or Trust may, without liability, reject the Participant’s Redemption Order. (e) In the “Exchange”) is closed for other than weekends or holidays, or if permitted by event that the rules and regulations or an order Participant receives securities of the Commission during periods when trading on Fund in connection with an Redemption Order the Exchange is restricted or during any emergency value of which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly exceeds the value of the net assets held with respect applicable Creation Unit at the time of redemption, the Participant agrees to pay, on the same business day it is notified, or cause the Participant client to pay, on such day, to the Trust applicable Fund an amount in cash equal to the difference or return such Portfolio or during any other period permitted by order securities of the Commission for Fund to the protection of investorsFund, such obligations may be suspended or postponed by unless the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kindparties otherwise agree.

Redemptions. Section 7.1 Redemption of Redemption Baskets. The Trust shall purchase such Shares following procedures, as are offered supplemented by any Shareholder for redemption, upon the presentation of a proper instrument of transfer together with a request directed more detailed procedures specified in the attachment to the Trust or a Person designated by the Trust that the Trust purchase such Shares or applicable Authorized Purchaser Agreement, which may be amended from time to time in accordance with the provisions of such other procedures Authorized Purchaser Agreement (and any such amendment will not constitute an amendment of this Trust Agreement), will govern the Trust and the Funds with respect to the redemption of Redemption Baskets. (a) On any Business Day, a Participant with respect to which a Authorized Purchaser Agreement is in full force and effect (as reflected on the list maintained by the Sponsor pursuant to Section 3.5(a)(i)) may redeem one or more Redemption Baskets standing to the credit of the Participant on the records of the Depository by delivering a request for redemption to the Sponsor or its designee (such request, a “Redemption Order”) in the manner specified in the procedures described in the attachment to the Authorized Purchaser Agreement, as amended from time to time in accordance with the provisions of the Authorized Purchaser Agreement (and any such amendment will not constitute an amendment of this Trust Agreement). (b) To be effective, a Redemption Order must be submitted on a Business Day by the Order Cut-Off Time in form satisfactory to the Sponsor (the Business Day on which the Redemption Order is so submitted, the “Redemption Order Date”). The Sponsor shall reject any Redemption Order the fulfillment of which its counsel advises may be illegal under applicable laws and regulations, and the Sponsor shall have no liability to any person for rejecting a Redemption Order in such circumstances. (c) Subject to deduction of any tax or other governmental charges due thereon, the redemption distribution (“Redemption Distribution”) shall consist of cash or a combination of United States Treasury securities, cash and/or cash equivalents or other securities or property in an amount equal to the product obtained by multiplying (i) the number of Redemption Baskets set forth in the relevant Redemption Order by (ii) the Net Asset Value Per Basket of a Fund calculated on the Redemption Order Date. The Sponsor determines, in its sole discretion or in consultation with the Administrator, the requirements for securities and/or property that may be included in Redemption Distributions and publishes, or its agent publishes on its behalf, such requirements at the beginning of each Business Day. (d) On the next Business Day following the Redemption Order Date (or on such later Business Day, not to exceed three Business Days after the Redemption Order Date, as agreed to between the Participant and the Sponsor or its designee when the Redemption Order is placed) (the “Redemption Settlement Date”), if the account of the Distributor or other appropriate Fund service provider at the Depository has been credited with the Redemption Baskets being tendered for redemption and the Sponsor has by such time received the Transaction Fee, the Sponsor shall deliver the Redemption Distribution through the Depository to the account of the Participant as recorded on the book entry system of the Depository. If by the close of business on such Redemption Settlement Date the Sponsor has not received from a redeeming Participant all Redemption Baskets comprising the Redemption Order, the Sponsor will (i) settle the Redemption Order to the extent of whole Redemption Baskets received from the Participant with the Transaction Fee and (ii) keep the redeeming Participant’s Redemption Order open until the first Business Day following the Redemption Settlement Date as to the balance of the Redemption Order (such balance, the “Suspended Redemption Order”). If the Redemption Basket(s) comprising the Suspended Redemption Order are credited to the Distributor’s account at the Depository on such following Business Day, the Redemption Distribution with respect to the Suspended Redemption Order shall be paid in the manner provided in the second preceding sentence. If by the close of business on the next Business Day following Redemption Settlement Date, the Sponsor has not received from the redeeming Participant all Redemption Baskets comprising the Suspended Redemption Order, the Sponsor will settle the Suspended Redemption Order to the extent of whole Redemption Baskets then received and any balance of the Suspended Redemption will be cancelled. Notwithstanding the foregoing, when and under such conditions as the Trustees Sponsor may from time to time authorize; and determine, the Trust will pay therefor Sponsor shall be authorized to deliver the net asset value thereof Redemption Distribution notwithstanding that a Redemption Basket has not been credited to the Trust’s or the applicable account at the Depository if the Participant has collateralized its obligation to deliver the Redemption Basket on such terms as determined by to which the Trustees (or by such Person or Persons to whom such determination has been delegated)Sponsor may, in accordance with its sole discretion, from time to time agree. 36 (e) The Sponsor may, in its discretion, suspend the right of redemption or postpone the Redemption Settlement Date for a Fund (i) for any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on period during which the request is made in proper form. The obligation set forth in this Section 7.3 is subject to Exchange or the provision that in the event that any time the New York Stock Fund’s Futures Exchange (the “Exchange”) is closed for other than weekends customary weekend or holidaysholiday closings, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange or the Fund’s Futures Exchange is restricted suspended or restricted; (ii) for any period during any which an emergency exists as a result of which makes it impracticable delivery or Redemption Distributions is not reasonably practicable; or (iii) for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of as the Commission Sponsor determines to be necessary for the protection of investors, such obligations may Shareholders. Neither the Sponsor nor its designees will be suspended liable to any person or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case way for any loss or cases damages that may result from any such suspension or postponement. (f) Redemption Baskets effectively redeemed pursuant to the provisions of this Section 7.1 shall be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of cancelled by the Trust or any the applicable Portfolio or Class thereof for which Fund in accordance with the Shares are being redeemedDepository’s procedures, and no longer be deemed outstanding for purposes of this Trust Agreement and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Delaware Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kindStatute.

Redemptions. The Trust shall purchase such Shares as are offered by Borrower will not, and will not permit any Shareholder for redemptionRestricted Subsidiary to, upon the presentation of a proper instrument of transfer together with a request directed prior to the Trust or a Person designated by the Trust date that the Trust purchase such Shares or in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees is ninety-one (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (791) days after the date on which Maturity Date, call, make or offer to make any optional or voluntary Redemption of or otherwise optionally or voluntarily Redeem (whether in whole or in part), (i) the request 2022 Second Lien Notes, (ii) any Permitted Unsecured Indebtedness, and (iii) any Permitted Refinancing Indebtedness in respect of the foregoing (such Indebtedness, collectively, the “Specified Indebtedness”); provided that the Borrower may Redeem such Specified Indebtedness with the proceeds of any Permitted Refinancing Indebtedness in respect thereof or with the Net Cash Proceeds of any sale of Equity Interests (other than Disqualified Capital Stock) of the Borrower so long as no Default, Event of Default or Borrowing Base Deficiency has occurred and is made continuing or would occur as a result of such Redemption; provided further that the Borrower may consummate the Williston Redemption so long as no Default, Event of Default or Borrowing Base Deficiency has occurred and is continuing or would occur as a result of such Redemption after giving effect to any concurrent amendments, waivers, or repayments of the Loans pertaining to the Williston Redemption. Notwithstanding anything herein or in proper form. The obligation any other Loan Document to the contrary, the Borrower shall be permitted to pay the Consent Fee (as set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kindWilliston Sale Consent Solicitation).

Redemptions. The Any Interestholder shall be entitled to require the Trust to redeem and the Trust shall purchase be obligated to redeem at the option of such Shares as are offered Interestholder all or any part of the Interests owned by any Shareholder for redemptionsaid Interestholder, at the redemption price pursuant to the method, upon the terms and subject to the 1940 Act (including without limitation provisions permitting the suspension of redemptions in certain circumstances), the Registration Statement and the conditions hereinafter set forth: (a) The redemption price per Interest shall be the net asset value per Interest when next determined by the Trust at such time or times as the Trustees shall designate, following an appropriate request for redemption (and the presentation of a certificates for Interests, if issued in proper instrument form for redemption), or such other time as the Trustees may designate in accordance with any provision of the 1940 Act, or any rule or regulation made or adopted by any securities association registered under the Securities Exchange Act of 1934, as determined by the Trustees, less any applicable redemption charge or fee imposed from time to time as determined by the Trustees. (b) Payment of the redemption price shall be made on or before the seventh day following the day on which the Interests are properly presented for redemption hereunder, except that delivery of any securities included in any such payment shall be made as promptly as any necessary transfers on the books of the issuers whose securities are to be delivered may be made and, except as postponement of the date of payment may be permissible under the 1940 Act. If certificates representing such Interests have been issued, the redemption or repurchase price need not be paid by the Trust until such certificates are presented in proper form for transfer together with a request directed to the Trust or a Person designated the agent of the Trust appointed for such purpose; however, the redemption or repurchase shall be effective, in accordance with the resolution of the Trustees, regardless of whether or not such presentation has been made. (c) Net asset value of each Interest (for the purpose of issuance of Interests as well as redemptions thereof) shall be determined according to the method specified in the Trust’s then current Registration Statement. The Trustees are empowered, in their absolute discretion and as special circumstances may require, to modify the methods for determining such net asset value whenever such modified methods are deemed by them to be necessary to enable the Trust to comply with applicable law, or are deemed by them to be desirable, provided they are not inconsistent with any provision of the 1940 Act. (d) Payment of the redemption price by the Trust that may be made either in cash or in securities or other assets at the time owned by the Trust purchase or partly in cash and partly in securities or other assets at the time owned by the Trust. The value of any part of such Shares payment to be made in securities or other assets of the Trust shall be the value employed in determining the redemption price. (e) The right of any holder of Interests redeemed by the Trust as provided in this Article VII to receive dividends or distributions thereon and all other rights of such Interestholder with respect to such Interests shall terminate at the time as of which the redemption price of such Interests is determined, except the right of such Interestholder to receive (i) the redemption price of such Interests from the Trust in accordance with the provisions hereof, and (ii) any dividend or distribution to which such other procedures Interestholder previously had become entitled as the record holder of such Interests on the record date for redemption such dividend or distribution. (f) Subject to applicable law, the Trust, either directly or through an agent, may repurchase its Interests, upon such terms and conditions and for such consideration as the Trustees may shall deem advisable, by agreement with the owner at a price not exceeding the net asset value per Interest as determined by or pursuant to the order of the Trustees at such time or times as the Trustees shall designate, less any applicable charge, if and as fixed by the Trustees from time to time, and to take all other steps deemed necessary or advisable in connection therewith. (g) Interests purchased or redeemed by the Trust shall be cancelled or held by the Trust for reissue, as the Trustees from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees may determine. (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7h) days after the date on which the request is made in proper form. The obligation obligations set forth in this Section 7.3 is subject to the provision that in the event that Article VII may be suspended or postponed, (1) for any time period (i) during which the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidaysfor customary weekend and holiday closings, or if permitted by the rules and regulations or an order of the Commission (ii) during periods when which trading on the New York Stock Exchange is restricted restricted, (2) for any period during which an emergency exists as a result of which (i) the disposal by the Trust of investments owned by it is not reasonably practicable, or during any emergency which makes (ii) it impracticable is not reasonably practicable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or fairly to determine fairly the value of its net assets, or (3) for such other periods as the net assets held with respect to the Trust Commission or such Portfolio or during any other period permitted successor governmental authority by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kindpermit.

Redemptions. The Any Shareholder shall be entitled to require the Trust to redeem and the Trust shall purchase be obligated to redeem at the option of such Shareholder all or any part of the Shares as are offered owned by any Shareholder for redemptionsaid Shareholder, at the redemption price, pursuant to the method, upon the presentation of a terms and subject to the conditions hereinafter set forth: (a) Certificates for Shares, if issued, shall be presented for redemption in proper instrument of form for transfer together with a request directed to the Trust or a Person designated by the agent of the Trust appointed for such purpose, and these shall be presented with a written request that the Trust purchase such redeem all or any part of the Shares or in accordance with such other procedures for represented thereby. (b) The redemption as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares price per Share shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form. The obligation set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share when next determined after by the termination Trust at such time or times as the Trustees shall designate, following the time of presentation of certificates for Shares, if issued, and an appropriate request for redemption, or such suspension, less other time as the Trustees may designate in accordance with any fees imposed on such redemption. Subject to applicable federal law including provision of the 1940 Act, or any rule or regulation made or adopted by any securities association registered under the Securities Exchange Act of 1934, as amended, as determined by the Trustees, less any applicable charge or fee imposed from time to time as determined by the Trustees. (c) Payment of the redemption price by the Trust may be made either in any case cash or cases be paid wholly in securities or other assets at the time owned by the Trust or partly in kind if cash and partly in securities or other assets at the Trustees determine in their sole discretion that time owned by the Trust. The value of any part of such payment is advisable to be made in the interest of the remaining Shareholders securities or other assets of the Trust or any applicable Portfolio or Class thereof for which shall be the Shares are being redeemedvalue employed in determining the redemption price. Subject to the foregoing, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined by or under procedures approved authority of the Trustees. Payment of the redemption price shall be made on or before the seventh day following the effective date of a redemption, except that delivery of any securities included in any such payment shall be made as promptly as any necessary transfers on the books of the issuers whose securities are to be delivered may be made and except as postponement of the date of payment may be permissible under the 1940 Act. (d) The right of any holder of Shares redeemed by the Trustees Trust as provided in their sole discretion. In no case this Article VI to receive dividends or distributions thereon and all other rights of such Shareholder with respect to such Shares shall terminate at the time as of which the redemption price of such Shares is determined, except the right of such Shareholder to receive (1) the redemption price of such Shares from the Trust in accordance with the provisions hereof, and (2) any dividend or distribution to which such Shareholder previously had become entitled as the record holder of such Shares on the record date for such dividend or distribution. (e) Redemption of Shares by the Trust is conditional upon the Trust having funds or other assets legally available therefor. (f) Shares purchased or redeemed by the Trust shall be liable canceled or held by the Trust for reissue, as the Trustees from time to time may determine. (g) The obligations set forth in this Article VI may be suspended or postponed, (1) for any delay period (A) during which the New York Stock Exchange is closed other than for customary weekend and holiday closings, or (B) during which trading on the New York Stock Exchange is restricted, (2) for any period during which an emergency exists as a result of which (A) the disposal by the Trust of investments owned by it is not reasonably practicable, or (B) it is not reasonably practicable for the Trust fairly to determine the value of its net assets, or (3) for such other periods as the Commission or any corporation successor governmental authority by order may permit. (h) Notwithstanding any other provision of this Declaration of Trust, if certificates representing such Shares have been issued, the redemption price or other Person repurchase price need not be paid by the Trust until such certificates are presented in transferring securities selected proper form for delivery as all transfer to the Trust or part the agent of any payment the Trust appointed for such purpose; however, the redemption or repurchase shall be effective, in kindaccordance with the resolution of the Trustees, regardless of whether or not such presentation has been made.

Redemptions. a The Participant understands and agrees that Shares of the Funds may only be redeemed in the form of complete Creation Units and Redemption Orders may be submitted only on days that the Trust shall purchase is open for business, as required by Section 22 e of the 1940 Act. b The Participant represents and warrants that as of the close of a business day on which it has placed any Redemption Order for the purpose of redeeming any Creation Unit of Shares of any Fund, it or any party for which it is acting Participant Client , as the case may be, i will own within the meaning of Rule 200 of Regulation SHO the requisite number of Shares of the relevant Fund of the Trust, or ii will have reasonable grounds to believe that the requisite number of Shares of the relevant Fund of the Trust can be borrowed as contemplated by Rule 203 b 1 of Regulation SHO , such that, in either case, the Participant can make good delivery of the Shares of the relevant Fund of the Trust on or prior to the Contractual Settlement Date of the Redemption Order. In either case, the Participant acknowledges that: i it or, if applicable, its Participant Client, has or will have full legal authority and legal and beneficial right to tender for redemption the requisite number of Shares of the applicable Fund to be redeemed as a Creation Unit and to receive the entire proceeds of the redemption; and ii that if such Shares as have been loaned or pledged to another party or are offered by the subject of a repurchase agreement, securities lending agreement, or any Shareholder other agreement affecting legal or beneficial ownership of such Shares being tendered, there are no restrictions that would preclude the tender and delivery of such Shares including borrowed Shares, if any , for redemption, upon free and clear of any liens, on the presentation redemption Contractual Settlement Date. c The Participant understands that Shares of a proper instrument of transfer together with a request directed to the Trust any Fund may be redeemed only when one or a Person designated by the Trust that the Trust purchase such Shares or more Creation Units are held in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemptionits account. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form. The obligation set forth in this Section 7.3 is subject to the provision that in d In the event that any time the New York Stock Exchange (Distributor, Transfer Agent and/or the “Exchange”) is closed for other than weekends or holidays, or if permitted by Trust reasonably believes in good faith that a Participant would not be able to deliver the rules and regulations or an order requisite number of the Commission during periods when trading Shares to be redeemed as a Creation Unit on the Exchange is restricted or during any emergency settlement date, the Distributor, Transfer Agent and/or Trust may, without liability, reject the Participants Redemption Order. e In the event that the Participant receives Fund Securities the value of which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly exceeds the value of the net assets held with respect applicable Creation Unit at the time of redemption, the Participant agrees to pay, on the same business day it is notified, or cause the Participant client to pay, on such day, to the Trust applicable Fund an amount in cash equal to the difference or return such Portfolio or during any other period permitted by order of Fund Securities to the Commission for Fund, unless the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kindparties otherwise agree.

Redemptions. The Trust shall purchase such Shares as are offered by any Unless the Trustees otherwise determine with ----------- respect to a particular Series or Class at the time of establishing and designating the same, each Shareholder for redemption, upon the presentation of a proper instrument of transfer together with a request directed to Series shall have the Trust or a Person designated right at such times as may be permitted by the Trust that Trustees to require the Trust purchase Series to redeem all or any part of his Shares at such Shares or in accordance with redemption price and at such other procedures for redemption times as the Trustees may shall prescribe by resolution to the extent permitted by the 1940 Act. In the absence of such resolution, the redemption price per Share shall be the Net Asset Value next determined after receipt by the Series of a request for redemption in proper form less such charges as are determined by the Trustees and described in the Trust's Registration Statement for that Series, as from time to time authorize; and in effect, under the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions Securities Act of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form1933. The obligation set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidaysTrustees may specify conditions, or if permitted by the rules prices, and regulations or an order places of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable redemption, may specify binding requirements for the Trust to dispose proper form or forms of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request requests for redemption or receive payment based on and may specify the net asset value per Share next determined after the termination amount of such suspension, less any fees imposed on such redemptiondeferred sales charge to be withheld from redemption proceeds. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part Payment of the redemption price may be wholly or partly in securities or other assets at the value of such securities or assets used in such determination of Net Asset Value, or may be in cash, as determined in the sole discretion of the Trustees or their delegate. Upon redemption, Shares may be reissued from time to time. Unless the Trustees otherwise determine with respect to a particular Series or Class at the time of establishing and designating the same, the Trustees may require Shareholders to redeem Shares for any reason at the redemption price which would be applicable if such Shares were then being redeemed by the Shareholder pursuant to this Section 2 under procedures approved terms set by the Trustees, including, but not limited to: (a) the failure of a Shareholder to supply a taxpayer identification number, or to have the minimum investment required (which may vary by Series or Class), or to pay when due for the purchase of Shares issued to him or to pay any charge relating to a transaction effected for the benefit of such Shareholder as provided in the prospectus relating to such Shares; or (b) the determination by the Trustees in their sole discretiondiscretion that failure to so redeem may have materially adverse consequences to the Shareholders of any Series or Class of the Trust. In no case shall To the extent permitted by law, the Trustees may retain the proceeds of any redemption of Shares required by them for payment of amounts due and owing by a Shareholder to the Trust be liable for or any delay Series or Class or any governmental authority. Notwithstanding the foregoing, the Trustees may postpone payment of the redemption price and may suspend the right of the Shareholders to require any corporation Series or other Person in transferring securities selected for delivery as all or part Class to redeem Shares during any period of any payment in kindtime when and to the extent permissible under the 1940 Act.

Redemptions. The Trust shall purchase such Shares as are offered by any Shareholder for redemption, upon the presentation of a proper instrument of transfer together with a request directed to the Trust or a Person designated by the Trust that the Trust purchase such Shares or in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form. The obligation set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kind.

Redemptions. The Trust shall purchase such Shares as are offered Upon offer by any Shareholder for redemption, upon of all or part of the presentation of a proper instrument of transfer together with a request directed to the Trust or a Person designated Shares held by the Trust that the Trust purchase such Shares or Shareholder for redemption hereunder, in accordance with such other procedures methods, upon such terms and subject to such conditions as from time to time may be determined by or under the authority of the Trustees, the Trust shall redeem the Shares so offered by distributing to the Shareholder the Net Asset Value Per Share thereof determined as of a time to redeem the Shares of any Shareholder for their Net Asset Value Per Share if the Shareholder owns Shares of a Series of Class having an aggregate net asset value of less than such minimum amount as may from time to time be prescribed by or under the authority of the Trustees or if ownership of such Shares by the Shareholder could create adverse tax consequences for the Trust or any Series or Class thereof. With respect to all Shares or any Series or Class of Shares, the right to redemption or the date for payment may, however, be delayed or suspended by the Trustees if there is an extraordinary closing or restriction of trading on the New York Stock Exchange as determined under rules and regulations of the Commission, or an emergency exists as a result of which it is not reasonably practicable for the Trust to dispose of securities or fairly to determine the value of its net assets, or as the Commission may permit. The completion of such distribution on redemption of Shares shall constitute a full discharge of the Trust and Trustees with respect to such Shares, and the Trustees may require that any certificate or certificates issued by the Trust to evidence the ownership of the Shares shall be surrendered to the Trustees for cancellation or notation. Shares so redeemed shall be cancelled or held by the Trust for reissue, as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form. The obligation set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kinddetermine.

Redemptions. The Trust shall purchase such Shares as are offered by any Shareholder for redemption, upon the presentation of a proper instrument of transfer together with a request directed to the Trust or a Person designated by the Trust that the Trust purchase such Shares or in accordance with such other procedures for redemption as the Trustees may from time to time authorize; and the Trust will pay therefor the net asset value thereof as determined by the Trustees (or by such Person or Persons to whom such determination has been delegated), in accordance with any applicable provisions of this Agreement and applicable law, less any fees imposed on such redemption. Unless extraordinary circumstances exist, payment for said Shares shall be made by the Trust to the Shareholder within seven (7) days after the date on which the request is made in proper form. The obligation set forth in this Section 7.3 is subject to the provision that in the event that any time the New York Stock Exchange (the “Exchange”) is closed for other than weekends or holidays, or if permitted by the rules and regulations or an order of the Commission during periods when trading on the Exchange is restricted or during any emergency which makes it impracticable for the Trust to dispose of the investments of the Trust or any applicable Portfolio or to determine fairly the value of the net assets held with respect to the Trust or such Portfolio or during any other period permitted by order of the Commission for the protection of investors, such obligations may be suspended or postponed by the Trustees. In the case of a suspension of the right of redemption as provided herein, a Shareholder may either withdraw the request for redemption or receive payment based on the net asset value per Share next determined after the termination of such suspension, less any fees imposed on such redemption. Subject to applicable federal law including the 1940 Act, the redemption price may in any case or cases be paid wholly or partly in kind if the Trustees determine in their sole discretion that such payment is advisable in the interest of the remaining Shareholders of the Trust or any applicable Portfolio or Class thereof for which the Shares are being redeemed, and the fair value, selection and quantity of securities or other property so paid or delivered as all or part of the redemption price may be determined under procedures approved by the Trustees in their sole discretion. In no case shall the Trust be liable for any delay of any corporation or other Person in transferring securities selected for delivery as all or part of any payment in kind.