Common use of Voting Powers Clause in Contracts

Voting Powers. Subject to the provisions of Article III, Sections 5 and 6(d), the Shareholders shall have right to vote only (i) for the election or removal of Trustees as provided in Article IV, Section 1, and (ii) with respect to such additional matters relating to the Trust as may be required by the applicable provisions of the 1940 Act, including Section 16(a) thereof, and (iii) on such other matters as the Trustees may consider necessary or desirable. Each shareholder shall have one vote for each dollar (and a fractional vote for each fractional dollar) of the net asset value of each share (including fractional shares) held by such shareholder on the record date on each matter submitted to a vote at a meeting of shareholders. For purposes of this section, net asset value shall be determined pursuant to Section 3 of Article VIII of the Trustee's Bylaws as of the record date for such meeting set pursuant to Section 5 of such Bylaws. There shall be no cumulative voting in the election of Trustees. Votes may be made in person or by proxy. A proxy purporting to be executed by or on behalf of a Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger.

Appears in 118 contracts

Samples: Agreement and Declaration of Trust (Congressional Effect Family of Funds), Agreement and Declaration of Trust (Congressional Effect Family of Funds), Agreement and Declaration (Vanguard Convertible Securities Fund Inc)

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Voting Powers. Subject to the provisions of Article III, Sections 5 and Section 6(d), the Shareholders shall have right power to vote only (i) for the election or removal of Trustees as provided in Article IV, Section 1, and (ii) with respect to such additional matters relating to the Trust as may be required by this Declaration of Trust, the applicable provisions By-Laws or any registration of the 1940 ActTrust with the Commission (or any successor agency) or any state, including Section 16(a) thereof, and (iii) on such other matters or as the Trustees may consider necessary or desirable. As appropriate, voting may be by Series (or class). Each shareholder shall have one vote for each dollar (and a fractional vote for each fractional dollar) of the net asset value of a Share shall be entitled to one vote as to any matter on which it is entitled to vote and each share (including fractional shares) held by such shareholder on the record date on each matter submitted Share shall be entitled to a vote at a meeting of shareholders. For purposes of this section, net asset value shall be determined pursuant to Section 3 of Article VIII of the Trustee's Bylaws as of the record date for such meeting set pursuant to Section 5 of such Bylawsproportionate fractional vote. There shall be no cumulative voting in the election of Trustees. Votes Shares may be made voted in person or by proxy. A proxy with respect to Shares held in the name of two or more persons shall be valid if executed by any one of them unless at or prior to exercise of the proxy the Trust receives a specific written notice to the contrary from any one of them. A proxy purporting to be executed by or on behalf of a Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger.

Appears in 4 contracts

Samples: Agreement and Declaration (Allegiance Investment Trust), Agreement and Declaration of Trust (RWB Funds Investment Trust), Agreement and Declaration (Kit Cole Investment Trust)

Voting Powers. Subject to the provisions of Article III, Sections 5 and 6(d), the Shareholders shall have right to vote only (i) for the election or removal of Trustees as provided in Article IV, Section 1, and (ii) with respect to such additional matters relating to the Trust as may be required by the applicable provisions of the 1940 Act, including Section 16(a) thereof, and (iii) on such other matters as the Trustees may consider necessary or desirable. Each shareholder Shareholder shall have one vote for each dollar per Share (and a fractional vote for each fractional dollar) of the net asset value of each share (including fractional sharesShare) held by such shareholder Shareholder on the record date on each matter submitted to a vote at a meeting of shareholdersShareholders. For purposes of this section, net asset value shall be determined pursuant to Article VIII, Section 3 of Article VIII of the Trustee's Bylaws Trust’s By-Laws as of the record date for such meeting set pursuant to Article II, Section 5 of such BylawsBy-Laws. There shall be no cumulative voting in the election of Trustees. Votes may be made in person or by proxy. A proxy purporting to be executed by or on behalf of a Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (U.S. One Trust), Agreement and Declaration of Trust (Russell Exchange Traded Funds Trust), Agreement and Declaration of Trust (Russell Exchange Traded Funds Trust)

Voting Powers. Subject to the provisions of Article III, Sections 5 and 6(d), the Shareholders shall have right to vote only (i) for the election or removal of Trustees as provided in Article IV, Section 1, and (ii) with respect to such additional matters relating to the Trust as may be required by the applicable provisions of the 1940 Act, including Section 16(a) thereof, and (iii) on such other matters as the Trustees may consider necessary or desirable. Each shareholder shall have one vote for each dollar (and a fractional vote for each fractional dollar) of the net asset value of each share (including fractional shares) held by such shareholder on the record date on each matter submitted to a vote at a meeting of shareholders. For purposes of this section, net asset value shall be determined pursuant to Section 3 of Article VIII of the Trustee's Bylaws as of the record date for such meeting set pursuant to Section 5 of Article II of such Bylaws. There shall be no cumulative voting in the election of Trustees. Votes may be made in person or by proxy. A proxy purporting to be executed by or on behalf of a Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (BPV Family of Funds), Agreement and Declaration (WST Investment Trust)

Voting Powers. Subject to the provisions of Article III, Sections 5 and 6(d), the Shareholders shall have right to vote only (i) for the election or removal of Trustees as provided in Article IV, Section 1, and (ii) with respect to such additional matters relating to the Trust as may be required by the applicable provisions of the 1940 Act, including Section 16(a) thereof, and (iii) on such other matters as the Trustees may consider necessary or desirable. Each shareholder Shareholder shall have one vote for each dollar (and a fractional vote for each fractional dollar) of the net asset value of each share Share (including fractional sharesShares) held by such shareholder Shareholder on the record date on each matter submitted to a vote at a meeting of shareholdersShareholders. For purposes of this section, net asset value shall be determined pursuant to Article VIII, Section 3 of Article VIII of the Trustee's Bylaws Trust’s By-Laws as of the record date for such meeting set pursuant to Article II, Section 5 of such BylawsBy-Laws. There shall be no cumulative voting in the election of Trustees. Votes may be made in person or by proxy. A proxy purporting to be executed by or on behalf of a Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Faithshares Trust), Agreement and Declaration of Trust (Faithshares Trust)

Voting Powers. Subject to the provisions of Article III, --------------------------- Sections 5 and 6(d), the Shareholders shall have right to vote only (i) for the election or removal of Trustees as provided in Article IV, Section 1, and (ii) with respect to such additional matters relating to the Trust as may be required by the applicable provisions of the 1940 Act, including Section 16(a) thereof, and (iii) on such other matters as the Trustees may consider necessary or desirable. Each shareholder shall have one vote for each dollar (and a fractional vote for each fractional dollar) of the net asset value of each share (including fractional shares) held by such shareholder on the record date on each matter submitted to a vote at a meeting of shareholders. For purposes of this section, net asset value shall be determined pursuant to Section 3 of Article VIII of the Trustee's Bylaws as of the record date for such meeting set pursuant to Section 5 of such Bylaws. There shall be no cumulative voting in the election of Trustees. Votes may be made in person or by proxy. A proxy purporting to be executed by or on behalf of a Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger.

Appears in 2 contracts

Samples: Agreement and Declaration (Vanguard Asset Allocation Fund Inc), Vanguard Fixed Income Securities Fund Inc

Voting Powers. Subject to the provisions of Article III, Sections 5 and 6(d), the Shareholders shall have the right to vote only (i) for the election or removal of Trustees as provided in Article IV, Section 1, and (ii) with respect to such additional matters relating to the Trust as may be required by the applicable provisions of the 1940 Act, including Section 16(a) thereof, and (iii) on such other matters as the Trustees may consider necessary or desirable. Each shareholder shall have one vote for each dollar (and a fractional vote for each fractional dollar) of the net asset value of each share (including fractional shares) held by such shareholder on the record date on each matter submitted to a vote at a meeting of shareholders. For purposes of this section, net asset value shall be determined pursuant to Section 3 of Article VIII of the TrusteeTrust's Bylaws By-Laws as of the record date for such meeting set pursuant to Section 5 of such BylawsBy-Laws. There shall be no cumulative voting in the election of Trustees. Votes may be made in person or by proxy. A proxy purporting to be executed by or on behalf of a Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger.

Appears in 2 contracts

Samples: Vanguard Cash Management Trust, Vanguard Cash Management Trust

Voting Powers. Subject to the provisions of Article III, Sections 5 and 6(dSection 7(d), the Shareholders shall have right power to vote only (ia) for the election or removal of Trustees Trustees, including the filling of any vacancies in the Board of Trustees, as provided in Article IV, Section 1, and ; (iib) with respect to such additional matters relating to the Trust Fund as may be required by this Declaration of Trust, the applicable provisions of By-Laws or the 1940 Act, including Section 16(a) thereof, ; and (iiic) on such other matters as the Board of Trustees may consider necessary or desirable. Each shareholder The Shareholder of record (as of the record date established pursuant to Section 5 of this Article V) of each Share shall have be entitled to one vote for each dollar (full Share, and a fractional vote for each fractional dollar) of the net asset value of each share (including fractional shares) held by such shareholder on the record date on each matter submitted Share. Shareholders shall not be entitled to a vote at a meeting of shareholders. For purposes of this section, net asset value shall be determined pursuant to Section 3 of Article VIII of the Trustee's Bylaws as of the record date for such meeting set pursuant to Section 5 of such Bylaws. There shall be no cumulative voting in the election of TrusteesTrustees or on any other matter. Votes Shareholders may be made vote Shares in person or by proxy. A proxy with respect to Xxxxxx held in the name of two or more persons shall be valid if executed by any one of them unless at or prior to the exercise of the proxy the Fund receives a specific written notice to the contrary from any one of them. A proxy purporting to be executed by or on behalf of a Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger.

Appears in 2 contracts

Samples: Agreement and Declaration (Dynamic Alternatives Fund), Agreement and Declaration (Dynamic Alternatives Fund)

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Voting Powers. Subject to the provisions of Article III, Sections 5 and Section 6(d), the Shareholders shall have right power to vote only (i) for the election or removal of Trustees as provided in Article IV, Section 1, and (ii) with respect to such additional matters relating to the Trust as may be required by this Declaration of Trust, the applicable provisions By-Laws or any registration of the 1940 ActTrust with the Commission (or any successor agency) or any state, including Section 16(a) thereof, and (iii) on such other matters or as the Trustees may consider necessary or desirable. As appropriate, voting may be by Series (or class). Each shareholder whole Share shall have be entitled to one vote for each dollar (as to any matter on which it is entitled to vote and a fractional vote for each fractional dollar) of the net asset value of each share (including fractional shares) held by such shareholder on the record date on each matter submitted Share shall be entitled to a vote at a meeting of shareholders. For purposes of this section, net asset value shall be determined pursuant to Section 3 of Article VIII of the Trustee's Bylaws as of the record date for such meeting set pursuant to Section 5 of such Bylawsproportionate fractional vote. There shall be no cumulative voting in the election of Trustees. Votes Shares may be made voted in person or by proxy. A proxy with respect to Shares held in the name of two or more persons shall be valid if executed by any one of them unless at or prior to exercise of the proxy the Trust receives a specific written notice to the contrary from any one of them. A proxy purporting to be executed by or on behalf of a Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger.

Appears in 2 contracts

Samples: Agreement and Declaration (Rochdale Investment Insurance Trust), Agreement and Declaration (Tip Institutional Funds)

Voting Powers. Subject to the provisions of ---------- ------------- Article III, Sections 5 and 6(d), the Shareholders shall have the right to vote only (i) for the election or removal of Trustees as provided in Article IV, Section 1, and (ii) with respect to such additional matters relating to the Trust as may be required by the applicable provisions of the 1940 Act, including Section 16(a) thereof, and (iii) on such other matters as the Trustees may consider necessary or desirable. Each shareholder Shareholder shall have one vote for each dollar (and a fractional vote for each fractional dollar) of the net asset value of each share Share (including fractional sharesShares) held by such shareholder Shareholder on the record date on each matter submitted to a vote at a meeting of shareholdersShareholders. For purposes of this section, net asset value shall be determined pursuant to Section 3 of Article VIII of the TrusteeTrust's Bylaws as of the record date for such meeting set pursuant to Section 5 of such Bylaws. There shall be no cumulative voting in the election of Trustees. Votes may be made in person or by proxy. A proxy purporting to be executed by or on behalf of a Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger.

Appears in 1 contract

Samples: Agreement and Declaration (Vanguard Montgomery Funds)

Voting Powers. Subject to the provisions of Article III, Sections 5 and 6(dSection 7(d), the Shareholders shall have right power to vote only (ia) for the election or removal of Trustees Trustees, including the filling of any vacancies in the Board of Trustees, as provided in Article IV, Section 1, and ; (iib) with respect to such additional matters relating to the Trust Fund as may be required by this Declaration of Trust, the applicable provisions of By-Laws or the 1940 Act, including Section 16(a) thereof, ; and (iiic) on such other matters as the Board of Trustees may consider necessary or desirable. Each shareholder The Shareholder of record (as of the record date established pursuant to Section 5 of this Article V) of each Share shall have be entitled to one vote for each dollar (full Share, and a fractional vote for each fractional dollar) of the net asset value of each share (including fractional shares) held by such shareholder on the record date on each matter submitted Share. Shareholders shall not be entitled to a vote at a meeting of shareholders. For purposes of this section, net asset value shall be determined pursuant to Section 3 of Article VIII of the Trustee's Bylaws as of the record date for such meeting set pursuant to Section 5 of such Bylaws. There shall be no cumulative voting in the election of TrusteesTrustees or on any other matter. Votes Shareholders may be made vote Shares in person or by proxy. A proxy with respect to Shares held in the name of two or more persons shall be valid if executed by any one of them unless at or prior to the exercise of the proxy the Fund receives a specific written notice to the contrary from any one of them. A proxy purporting to be executed by or on behalf of a Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Dynamic Alternatives Fund)

Voting Powers. Subject to the provisions of Article III, Sections 5 and 6(d), the Shareholders shall have right to vote only (i) for the election or removal of Trustees as provided in Article IV, Section 1, and (ii) with respect to such additional matters relating to the Trust as may be required by the applicable provisions of the 1940 Act, including Section 16(a) thereof, and (iii) on such other matters as the Trustees may consider necessary or desirable. Each shareholder shall have one vote for each dollar (and a fractional vote for each fractional dollar) of the net asset value of each share (including fractional shares) held by such shareholder on the record date on each matter submitted to a vote at a meeting of shareholders. For purposes of this section, net asset value shall be determined pursuant to Section 3 of Article VIII of the Trustee's Bylaws ’s By-laws as of the record date for such meeting set pursuant to Section 5 of Article II of such BylawsBy-laws. There shall be no cumulative voting in the election of Trustees. Votes may be made in person or by proxy. A proxy purporting to be executed by or on behalf of a Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger.

Appears in 1 contract

Samples: Agreement and Declaration (Endurance Series Trust)

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