THE GABELLI HEALTHCARE & WELLNESS(Rx) TRUST Exhibit 2- 77(Q)1(a) THE GABELLI HEALTHCARE & WELLNESS(Rx) TRUST THIRD AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST THIRD AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made as of the...Gabelli Healthcare & WellnessRx Trust • March 1st, 2011
THIRD AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made as of the [___] day of [_________] 2011, by the Trustees hereunder, and by the holders of shares of beneficial interest issued hereunder as hereinafter provided. WHEREAS, the Trustees desire to amend and restate the Second Amended Agreement and Declaration of Trust made as of the 26th day of February 2009 in its entirety pursuant to its Section 7.3; WHEREAS, this Trust has been formed to carry on business as set forth more particularly hereinafter; WHEREAS, this Trust is authorized to issue an unlimited number of its shares of beneficial interest all in accordance with the provisions hereinafter set forth; WHEREAS, the Trustees have agreed to manage all property coming into their hands as Trustees of a Delaware statutory trust in accordance with the provisions hereinafter set forth; and WHEREAS, the parties hereto intend that the Trust created by its initial Agreement and Declaration of Trust and the Certificate of Trus
