Common use of Shareholder Action by Written Consent without a Meeting Clause in Contracts

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its respective proxy-holder may revoke the consent by a writing received by the secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-Laws.

Appears in 88 contracts

Samples: Agreement and Declaration (Nexpoint Healthcare Opportunities Fund), Agreement and Declaration (Nexpoint Energy Opportunities Fund), And Restated Agreement (Destra Multi-Alternative Fund)

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Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary of the Trust and shall be maintained in the Trust’s 's records. Any Shareholder giving a written consent or the Shareholder’s 's proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its respective proxy-holder may revoke the consent by a writing received by the secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-Laws.

Appears in 64 contracts

Samples: Agreement and Declaration (Alpha Alternative Assets Fund), Agreement and Declaration of Trust (A3 Alternative Credit Fund), Agreement and Declaration of Trust (Catalyst Strategic Income Opportunities Fund)

Shareholder Action by Written Consent without a Meeting. Any Except as provided in the Declaration of Trust, any action which that may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so to be taken is signed by the holders of outstanding Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted, provided, however, that the Shareholders receive any necessary Information Statement or other necessary documentation in conformity with the requirements of the Securities Exchange Act of 1934 or the rules or regulations thereunder. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s 's records. Any Shareholder giving a written consent or the Shareholder’s 's proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its their respective proxy-holder proxy holders may revoke the Shareholder's written consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the Shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in the By-LawsSection 4 of this Article II.

Appears in 13 contracts

Samples: Evergreen International Trust, Evergreen Select Fixed Income Trust, Evergreen Select Money Market Trust

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its respective proxy-holder may revoke the consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretarySecretary of the Trust. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary Secretary of the Trust shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-Laws.

Appears in 8 contracts

Samples: Rock Opportunity Fund (Flat Rock Opportunity Fund), Agreement and Declaration of Trust (Axxes Private Markets Fund), Agreement and Declaration (Flat Rock Enhanced Income Fund)

Shareholder Action by Written Consent without a Meeting. Any Except as provided in the Declaration of Trust, any action which that may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so to be taken is signed by the holders of outstanding Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting meeting, at which all Shares entitled to vote on that action were present and voted, provided, however, that the Shareholders receive any necessary Information Statement or other necessary documentation in conformity with the requirements of the Securities Exchange Act of 1934 or the rules or regulations thereunder. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s 's records. Any Shareholder giving a written consent or the Shareholder’s 's proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its their respective proxy-holder proxy holders may revoke the Shareholder's written consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the Shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in the By-LawsSection 4 of this Article II.

Appears in 8 contracts

Samples: Usallianz Funds, Evergreen Variable Annuity Trust /De/, Evergreen Variable Trust /Oh

Shareholder Action by Written Consent without a Meeting. Any Subject to applicable laws and regulations, any action which may be taken at any shareholders’ meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than outstanding shares representing the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and votedshares required by Section 5.5 of the Declaration of Trust. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder shareholder giving a written consent or the Shareholdershareholder’s proxy holders or a transferee of the Shares shares or a personal representative of the Shareholder shareholder or its respective their respective-proxy-holder holders may revoke the consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in Section 4 of this Article 4. In the By-Lawscase of approval of (i) contracts or transactions in which a Trustee has a direct or indirect financial interest, (ii) indemnification of agents of the Trust, and (iii) a reorganization of the Trust, the notice shall be given at least ten (10) days before the consummation of any action authorized by that approval.

Appears in 4 contracts

Samples: Russell Investment Co, Russell Investment Co, Russell Investment Funds

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any shareholders’ meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than outstanding shares representing the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and votedshares required by Section 5.5 of the Declaration of Trust. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder shareholder giving a written consent or the Shareholdershareholder’s proxy holders or a transferee of the Shares shares or a personal representative of the Shareholder shareholder or its respective their respective-proxy-holder holders may revoke the consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in Section 4 of this Article 4. In the By-Lawscase of approval of (i) contracts or transactions in which a Trustee has a direct or indirect financial interest, (ii) indemnification of agents of the Trust, and (iii) a reorganization of the Trust, the notice shall be given at least ten (10) days before the consummation of any action authorized by that approval.

Appears in 4 contracts

Samples: Russell Frank Investment Co, Russell Investment Funds, Russell Investment Co

Shareholder Action by Written Consent without a Meeting. Any Except as provided in the Declaration of Trust or the 1940 Act, any action which that may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares Shareholders having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares Shareholders entitled to vote on that action were present and voted. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s 's records. Any Shareholder giving a written consent or the Shareholder’s proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its their respective proxy-holder proxy holders may revoke the consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares votes required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken without a meeting to such approved by the Shareholders. This notice shall be given in the manner specified in the By-Laws.

Appears in 2 contracts

Samples: Agreement (Clarion Investment Trust), New Colony Investment Trust

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its respective proxy-proxy- holder may revoke the consent by a writing received by the secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-Laws.

Appears in 2 contracts

Samples: Agreement and Declaration (Destra Multi-Alternative Fund), Agreement and Declaration

Shareholder Action by Written Consent without a Meeting. Any Except as provided in the Declaration of Trust, any action which that may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so to be taken is signed by the holders of outstanding Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted, provided, however, that the Shareholders receive any necessary Information Statement or other necessary documentation in conformity with the requirements of the 1934 Act or the rules or regulations thereunder. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s 's records. Any Shareholder giving a written consent or the Shareholder’s 's proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its their respective proxy-holder proxy holders may revoke the Shareholder's written consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the Shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in the By-LawsSection 5 of this Article II.

Appears in 2 contracts

Samples: Evergreen Income Opportunity Fund, Evergreen Utilities & High Income Fund

Shareholder Action by Written Consent without a Meeting. Any action which may be taken betaken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing inwriting setting forth the action so taken is signed by the holders of Shares having not less than the minimum number minimumnumber of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to entitledto vote on that action were present and voted. All such consents shall be filed with the secretary of the Trust and shall andshall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders proxyholders or a transferee of the Shares or a personal representative of the Shareholder or its respective proxy-holder may proxyholdermay revoke the consent by a writing received by the secretary of the Trust before written consents of the number thenumber of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written unanimouswritten consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the ofthe action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the inthe By-Laws.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Elessar Funds Investment Trust), Agreement and Declaration of Trust (Elessar Funds Investment Trust)

Shareholder Action by Written Consent without a Meeting. Any action which that may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its respective proxy-holder proxyholder may revoke the consent by a writing received by the secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-Laws.

Appears in 2 contracts

Samples: Agreement and Declaration (Zacks Trust), Volt ETF Trust

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its respective proxy-holder may revoke the consent by a writing received by the secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-Laws.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Zell Capital), Sierra Total Return Fund (Sierra Total Return Fund)

Shareholder Action by Written Consent without a Meeting. Any Except as provided in the Declaration of Trust, any action which that may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so to be taken is signed by the holders of outstanding Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting meeting, at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its their respective proxy-holder proxy holders may revoke the Shareholder’s written consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the Shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in the By-LawsSection 4 of this Article II.

Appears in 1 contract

Samples: Evergreen Global Dividend Opportunity Fund

Shareholder Action by Written Consent without a Meeting. Any Except as provided in the Declaration of Trust, any action which that may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so to be taken is signed by the holders of outstanding Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted, provided, however, that the Shareholders receive any necessary Information Statement or other necessary documentation in conformity with the requirements of the Securities Exchange Act of 1934 or the rules or regulations thereunder. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s 's records. Any Shareholder giving a written consent or the Shareholder’s Shareholde's proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its their respective proxy-holder proxy holders may revoke the Shareholder's written consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the Shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in the By-LawsSection 4 of this Article II.

Appears in 1 contract

Samples: Evergreen Municipal Trust /De/

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares outstanding shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder shareholder giving a written consent or the Shareholdershareholder’s proxy holders or a transferee of the Shares shares or a personal representative of the Shareholder shareholder or its their respective proxy-holder holders may revoke the consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in Section 4 of this Article II. In the By-Lawscase of approval of (i) contracts or transactions in which a Trustee has a direct or indirect financial interest, (ii) indemnification of agents of the Trust, and (iii) a reorganization of the Trust, the notice shall be given at least ten (10) days before the consummation of any action authorized by that approval.

Appears in 1 contract

Samples: Two Roads Shared Trust

Shareholder Action by Written Consent without a Meeting. Any Except as provided in the Declaration of Trust, any action which that may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so to be taken is signed by the holders of outstanding Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting meeting, at which all Shares entitled to vote on that action were present and voted, provided, however, that the Shareholders receive any necessary Information Statement or other necessary documentation in conformity with the requirements of the Securities Exchange Act of 1934 or the rules or regulations thereunder. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its their respective proxy-holder proxy holders may revoke the Shareholder’s written consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the Shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in the By-LawsSection 4 of this Article II.

Appears in 1 contract

Samples: Metropolitan Series Fund Inc

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its respective proxy-holder proxy‑holder may revoke the consent by a writing received by the secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-Laws.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (USCA Fund Trust)

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its respective proxy-holder may revoke the consent by a writing received by the secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-By- Laws.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Arca U.S. Treasury Fund)

Shareholder Action by Written Consent without a Meeting. (a) Any action which may be taken at any annual or special meeting of Shareholders shareholders may be taken without a meeting and without prior notice notice, if a consent in writing writing, setting forth the action so taken taken, is signed by the holders of Shares outstanding shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares shares entitled to vote on that action were present and voted. In the case of election of directors, such a consent shall be effective only if signed by the holders of all outstanding shares entitled to vote for the election of directors; provided, however, that a director may be elected at any time to fill a vacancy on the board of directors that has not been filled by the directors, by the written consent of the holders of a majority of the outstanding shares entitled to vote for the election of directors. All such consents shall be filed with the secretary of the Trust corporation and shall be maintained in the Trust’s corporate records. Any Shareholder shareholder giving a written consent consent, or the Shareholdershareholder’s proxy holders holders, or a transferee of the Shares shares or a personal representative of the Shareholder shareholder or its their respective proxy-holder proxy holders, may revoke the consent by a writing received by the secretary of the Trust corporation before written consents of the number of Shares shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-Laws.

Appears in 1 contract

Samples: Credit Agreement (Inamed Corp)

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders stockholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares outstanding shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s 's records. Any Shareholder shareholder giving a written consent or the Shareholder’s shareholder's proxy holders or a transferee of the Shares shares or a personal representative of the Shareholder shareholder or its their respective proxy-holder proxy holders may revoke the consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders shareholder s entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in Section 4 of this Article II. In the By-Lawscase of approval of (i) contracts or transactions in which a trustee has a direct or indirect financial interest, (ii) indemnification of agents of the Trust, and (iii) a reorganization of the Trust, the notice shall be given at least ten (10) days before the consummation of any action authorized by that approval.

Appears in 1 contract

Samples: California Investment Trust

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its respective proxy-holder may revoke the consent by a writing received by the secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-Laws.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Lind Capital Partners Municipal Credit Income Fund)

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Shareholder Action by Written Consent without a Meeting. Any Subject to the provisions of the 1940 Act and other applicable law, any action which may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary of the Trust and shall be maintained in the Trust’s 's records. Any Shareholder giving a written consent or consent, the Shareholder’s 's proxy holders or holders, a transferee of the Shares or (prior to the record date), a personal representative of the Shareholder or its respective proxy-holder may revoke the consent by a writing received by the secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-Laws.

Appears in 1 contract

Samples: Agreement and Declaration (Ingenuity Capital Trust)

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares outstanding shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s 's records. Any Shareholder shareholder giving a written consent or the Shareholder’s shareholder's proxy holders holder or a transferee of of' the Shares shares or a personal representative of the Shareholder shareholder or its their respective proxy-holder proxy holders may revoke the consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in section 4 of this Article II. In the By-Lawscase of approval of (i) contracts or transactions in which a Trustee has a direct or indirect financial interest, (ii) indemnification of agents of the Trust, and (iii) a reorganization of the Trust, the notice shall be given at least ten (10) days before the consummation of any action authorized by that approval.

Appears in 1 contract

Samples: Montgomery Funds Iii

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its respective proxy-holder may revoke the consent by a writing received by the secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-Laws.. Table of Contents

Appears in 1 contract

Samples: Agreement and Declaration of Trust (USCA All Terrain Fund)

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary of the Trust and shall be maintained in the Trust’s 's records. Any Shareholder giving a written consent or the Shareholder’s 's proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its respective proxy-holder may revoke the consent by a writing received by the secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-By- Laws.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Umb Scout Funds)

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary of the Trust and shall be maintained in the Trust’s 's records. Any Shareholder giving a written consent or the Shareholder’s 's proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its respective proxy-holder may revoke the consent by a writing received by the secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-Laws. Section 5.

Appears in 1 contract

Samples: Agreement and Declaration (World Funds Trust)

Shareholder Action by Written Consent without a Meeting. Any Except as provided in the Declaration of Trust, any action which that may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so to be taken is signed by the holders of outstanding Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and votedvoted provided, however, that the Shareholders receive any necessary Information Statement or other necessary documentation in conformity with the requirements of the Securities Exchange Act of 1934, as amended, or the rules or regulations thereunder. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s 's records. Any Shareholder giving a written consent or the Shareholder’s 's proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its their respective proxy-holder proxy holders may revoke the Shareholder's written consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the Shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in the By-LawsSection 4 of this Article II.

Appears in 1 contract

Samples: Belstar Trust

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its respective proxy-holder may revoke the consent by a writing received by the secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-LawsBylaws.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (MainGate Trust)

Shareholder Action by Written Consent without a Meeting. Any Except as Provided in the Declaration of Trust, any action which that may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so to be taken is signed by the holders of outstanding Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting meeting, at which all Shares entitled to vote on that action were present and voted, provided, however, that the Shareholders receive any necessary Information Statement or other necessary documentation in conformity with the requirements of the Securities Exchange Act of 1934 or the rules or regulations thereunder. All such consents Consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders proxyholders or a transferee of the Shares or a personal representative Representative of the Shareholder or its their respective proxy-holder proxy holders may revoke the Shareholder’s written consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the Shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in the By-LawsSection 4 of this Article II.

Appears in 1 contract

Samples: Met Investors Series Trust

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its respective proxy-holder may revoke the consent by a writing received by the secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary Secretary of the Trust shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-Laws.

Appears in 1 contract

Samples: Agreement and Declaration (Grandeur Peak Global Trust)

Shareholder Action by Written Consent without a Meeting. Any Except as provided in the Declaration of Trust, any action which that may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so to be taken is signed by the holders of outstanding Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted, provided, however, that the Shareholders receive any necessary Information Statement or other necessary documentation in conformity with the requirements of the Exchange Act or the rules or regulations thereunder. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s 's records. Any Shareholder giving a written consent or the Shareholder’s 's proxy holders or a transferee of the Shares or a personal representative of the Shareholder or its their respective proxy-holder proxy holders may revoke the Shareholder's written consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the Shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in the By-LawsSection 5 of this Article II.

Appears in 1 contract

Samples: Lehman Brothers First Trust Income Opportunity Fund

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares outstanding shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s 's records. Any Shareholder shareholder giving a written consent or the Shareholder’s shareholder's proxy holders or a transferee of the Shares shares or a personal representative of the Shareholder shareholder or its their respective proxy-holder proxy holders may revoke the consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders shareholder s entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in Section 4 of this Article II. In the By-Lawscase of approval of (i) contracts or transactions in which a trustee has a direct or indirect financial interest, (ii) indemnification of agents of the Trust, and (iii) a reorganization of the Trust, the notice shall be given at least ten (10) days before the consummation of any action authorized by that approval.

Appears in 1 contract

Samples: California Investment Trust Ii

Shareholder Action by Written Consent without a Meeting. Any Except as Provided in the Declaration of Trust, any action which that may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so to be taken is signed by the holders of outstanding Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting meeting, at which all Shares entitled to vote on that action were present and voted, provided, however, that the Shareholders receive any necessary Information Statement or other necessary documentation in conformity with the requirements of the Securities Exchange Act of 1934 or the rules or regulations thereunder. All such consents shall be filed with the secretary Secretary of the Trust and shall be maintained in the Trust’s records. Any Shareholder giving a written consent or the Shareholder’s proxy holders proxyholders or a transferee of the Shares or a personal representative Representative of the Shareholder or its their respective proxy-holder proxy holders may revoke the Shareholder’s written consent by a writing received by the secretary Secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretarySecretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary Secretary shall give prompt notice of the action taken approved by the Shareholders without a meeting to such Shareholdersmeeting. This notice shall be given in the manner specified in the By-LawsSection 4 of this Article II.

Appears in 1 contract

Samples: Metropolitan Series Fund

Shareholder Action by Written Consent without a Meeting. Any action which may be taken at any meeting of Shareholders may be taken without a meeting and without prior notice if a consent in writing setting forth the action so taken is signed by the holders of Shares having not less than the minimum number of votes that would be necessary to authorize or take that action at a meeting at which all Shares entitled to vote on that action were present and voted. All such consents shall be filed with the secretary of the Trust and shall be maintained in the Trust’s 's records. Any Shareholder giving a written consent or consent, the Shareholder’s 's proxy holders or holders, a transferee of the Shares or (prior to the record date), a personal representative of the Shareholder or its respective proxy-holder may revoke the consent by a writing received by the secretary of the Trust before written consents of the number of Shares required to authorize the proposed action have been filed with the secretary. If the consents of all Shareholders entitled to vote have not been solicited in writing and if the unanimous written consent of all such Shareholders shall not have been received, the secretary shall give prompt notice of the action taken without a meeting to such Shareholders. This notice shall be given in the manner specified in the By-Laws.

Appears in 1 contract

Samples: Agreement and Declaration (Berwyn Income Fund Inc)

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