Agreement and Declaration of Trust Sample Contracts

Dividend & Income FundAMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of Dividend and Income Fund (a Delaware Statutory Trust) As of April 30, 2020 (March 2nd, 2021)

AGREEMENT AND DECLARATION OF TRUST initially made as of May 8, 2012, by the Trustees hereunder, and amended and/or restated from time to time, most recently as of April 30, 2020.

Aim Investment Funds (Invesco Investment Funds)AMENDMENT NO. 10 TO FOURTH AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF AIM INVESTMENT FUNDS (INVESCO INVESTMENT FUNDS) (February 22nd, 2021)

This Amendment No. 10 (the “Amendment”) to the Fourth Amended and Restated Agreement and Declaration of Trust of AIM Investment Funds (Invesco Investment Funds) (the “Trust”) amends, effective, April 17, 2020, the Fourth Amended and Restated Agreement and Declaration of Trust of the Trust dated as of April 11, 2017, as amended (the “Agreement”).

Aim Investment Funds (Invesco Investment Funds)AMENDMENT NO. 13 TO FOURTH AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF AIM INVESTMENT FUNDS (INVESCO INVESTMENT FUNDS) (February 22nd, 2021)

This Amendment No. 13 (the “Amendment”) to the Fourth Amended and Restated Agreement and Declaration of Trust of AIM Investment Funds (Invesco Investment Funds) (the “Trust”) amends the Fourth Amended and Restated Agreement and Declaration of Trust of the Trust dated as of April 11, 2017, as amended (the “Agreement”).

Aim Investment Funds (Invesco Investment Funds)AMENDMENT NO. 11 TO FOURTH AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF AIM INVESTMENT FUNDS (INVESCO INVESTMENT FUNDS) (February 22nd, 2021)

This Amendment No. 11 (the “Amendment”) to the Fourth Amended and Restated Agreement and Declaration of Trust of AIM Investment Funds (Invesco Investment Funds) (the “Trust”) amends the Fourth Amended and Restated Agreement and Declaration of Trust of the Trust dated as of April 11, 2017, as amended (the “Agreement”).

Aim Investment Funds (Invesco Investment Funds)AMENDMENT NO. 12 TO FOURTH AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF AIM INVESTMENT FUNDS (INVESCO INVESTMENT FUNDS) (February 22nd, 2021)

This Amendment No. 12 (the “Amendment”) to the Fourth Amended and Restated Agreement and Declaration of Trust of AIM Investment Funds (Invesco Investment Funds) (the “Trust”) amends the Fourth Amended and Restated Agreement and Declaration of Trust of the Trust dated as of April 11, 2017, as amended (the “Agreement”).

Calamos Convertible Opportunities & Income FundCalamos convertible opportunities and income fund Second AMENDED AND RESTATED Agreement and Declaration of Trust (February 19th, 2021)

WHEREAS, the Trust has been formed under the Delaware Act upon the filing of the Certificate of Trust in the Office of the Secretary of State of the State of Delaware;

Calamos Convertible & High Income FundCalamos convertible and high income fund SECOND Amended and restated Agreement and Declaration of Trust (February 19th, 2021)

WHEREAS, the Trust has been formed under the Delaware Act upon the filing of the Certificate of Trust in the Office of the Secretary of State of the State of Delaware;

Calamos Global Total Return FundCalamos GLOBAL TOTAL RETURN Fund Second Amended and restated Agreement and Declaration of Trust (February 19th, 2021)

WHEREAS, the Trust has been formed under the Delaware Act upon the filing of the Certificate of Trust in the Office of the Secretary of State of the State of Delaware;

Putnam ETF TrustAgreement and Declaration of Trust of Putnam ETF Trust a Delaware Statutory Trust Principal Place of Business: Boston, MA 02110 (February 17th, 2021)

THIS AGREEMENT AND DECLARATION OF TRUST (this “Declaration of Trust”) is made as of December 21, 2020 for the purpose of establishing the Trust as a Delaware statutory trust in accordance with the provisions hereinafter set forth.

BlackRock Private Investments FundBLACKROCK PRIVATE INVESTMENTS FUND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST Dated as of December 29, 2020 (February 9th, 2021)

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made as of the 29th day of December, 2020 by the Trustees hereunder, and by the holders of shares of beneficial interest issued hereunder as hereinafter provided.

AFA Multi-Manager Credit FundAFA MULTI-MANAGER CREDIT FUND AGREEMENT AND DECLARATION OF TRUST Dated: January 26, 2021 (February 4th, 2021)
Modern Capital Funds TrustAGREEMENT AND DECLARATION OF TRUST OF MODERN CAPITAL FUNDS TRUST a Delaware Statutory Trust as of October 28, 2020 (February 2nd, 2021)

This AGREEMENT AND DECLARATION OF TRUST is made and entered into as of October 28, 2020 by the Trustee named hereunder (“Initial Trustee”) for the purpose of forming a Delaware statutory trust in accordance with the provisions hereinafter set forth.

Allianz Funds Multi-Strategy TrustALLIANZ FUNDS MULTI-STRATEGY TRUST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST (February 1st, 2021)

The undersigned, being at least a majority of the Trustees of Allianz Funds Multi-Strategy Trust (the “Trust”), hereby amend the Trust’s Amended and Restated Agreement and Declaration of Trust (the “Declaration of Trust”), a copy of which is on file in the office of the Secretary of State of the Commonwealth of Massachusetts, as follows:

Pioneer Series Trust XivSCHEDULE A to Amended and Restated Agreement and Declaration of Trust of Pioneer Series Trust XIV (formerly, Pioneer Strategic Income Fund) Series of Shares of Beneficial Interests (Effective as of January 26, 2021) (February 1st, 2021)

WHEREAS, the Trustees of the Trust, acting pursuant to the Trust’s agreement and declaration of trust as then in effect, have previously established and designated one or more series of shares of beneficial interest in the Trust (each, a “Series”) pursuant to one or more designations of series (the “Prior Designations”);

Cliffwater Enhanced Lending FundCliffwater Enhanced Lending Fund AGREEMENT AND DECLARATION OF TRUST Dated: January 22, 2021 (January 29th, 2021)

AGREEMENT AND DECLARATION OF TRUST of Cliffwater Enhanced Lending Fund, a Delaware statutory trust, made as of January 22, 2021 by the undersigned Trustee.

Capitol Series TrustCAPITOL SERIES TRUST Amendment No. 16 to Agreement and Declaration of Trust (January 29th, 2021)

The undersigned, being the President and Chief Executive Officer of Capitol Series Trust (the “Trust”), hereby certifies that the following resolutions were unanimously adopted by the Board of Trustees (the “Board”) of the Trust, including those Trustees voting independently, at a meeting of the Board held on December 9 and 10, 2020:

Uncommon Investment Funds TrustAGREEMENT AND DECLARATION OF TRUST of UNCOMMON INVESTMENT FUNDS TRUST a Delaware Statutory Trust as amended November 30, 2020 (January 29th, 2021)
Neiman FundsNEIMAN FUNDS Amendment No. 8 to Agreement and Declaration of Trust (January 29th, 2021)

The undersigned Secretary, Treasurer and President of Neiman Funds (the "Trust") hereby certifies that the following resolution was adopted by the Board of Trustees of the Trust at a meeting held on December 14, 2020:

Transparent Value TrustAMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of TRANSPARENT VALUE TRUST (a Delaware Statutory Trust) Dated as of August 27, 2020 (January 28th, 2021)
Riverpark Funds TrustRiverPark Funds Trust AMENDMENT TO THE AGREEMENT AND DECLARATION OF TRUST (January 28th, 2021)

The undersigned Trustees of RiverPark Funds Trust, an open-end investment management company established under Delaware law as a Delaware statutory trust under an Agreement and Declaration of Trust dated June 22, 2010 (the "Declaration of Trust"), and being authorized by Article V and Section 10.4 of the Declaration of Trust to effect this amendment, do hereby amend, effective as of September 25, 2020, the Declaration of Trust as follows:

City National Rochdale FundsAMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of CITY NATIONAL ROCHDALE FUNDS a Delaware Statutory Trust Principal Place of Business: 400 North Roxbury Drive Beverly Hills, California 90210 Dated as of August 20, 2020 (January 28th, 2021)

WHEREAS, THIS AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST is made and entered into as of August 20, 2020, by the Trustees hereunder;

James Alpha Funds TrustJAMES ALPHA FUNDS TRUST AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST (January 26th, 2021)

This AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of James Alpha Funds Trust is made the 8th day of January, 2021 by the parties signatory hereto, as Trustees.

Delaware Wilshire Private Markets FundAMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST (January 26th, 2021)
James Alpha Funds TrustAMENDMENT NO. 1 TO THE AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF JAMES ALPHA FUNDS TRUST (January 26th, 2021)

Pursuant to Article IX, Section 9.7 of the Amended and Restated Agreement and Declaration of Trust, dated January 8, 2021 (the “Declaration”), of James Alpha Funds Trust (the “Trust”), the undersigned Trustees of the Trust hereby amend the Declaration as set forth below.

Delaware Wilshire Private Markets Tender FundAMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST (January 26th, 2021)
JOHCM Funds TrustJOHCM FUNDS TRUST AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST (January 26th, 2021)

This AGREEMENT AND DECLARATION OF TRUST made at Boston, Massachusetts, on this 4th day of December, 2020, by the Trustees hereunder and by the holders of shares of beneficial interest to be issued hereunder as hereinafter provided, amending and restating the Agreement and Declaration of Trust made at Boston, Massachusetts the 27th day of October, 2020, for the purposes of eliminating references to the sole initial trustee, adding Trustees as signatories hereto and making such other changes as the Trustees deemed necessary.

Putnam Managed Municipal Income TrustAMENDED AND RESTATED BYLAWS OF PUTNAM MANAGED MUNICIPAL INCOME TRUST* (Dated as of September 18, 2020) ARTICLE 1 Agreement and Declaration of Trust and Principal Office 1.1 Agreement and Declaration of Trust. These Bylaws shall be subject to the ... (January 13th, 2021)
Putnam Master Intermediate Income TrustAMENDED AND RESTATED BYLAWS OF PUTNAM MASTER INTERMEDIATE INCOME TRUST AND PUTNAM PREMIER INCOME TRUST (Dated as of September 18, 2020) ARTICLE 1 Agreement and Declaration of Trust and Principal Office 1.1 Agreement and Declaration of Trust. These Bylaws ... (January 13th, 2021)
Calamos Convertible & High Income FundCALAMOS CONVERTIBLE AND HIGH INCOME FUND SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST (January 12th, 2021)

WHEREAS, the Trust has been formed under the Delaware Act upon the filing of the Certificate of Trust in the Office of the Secretary of State of the State of Delaware;

Calamos Global Total Return FundCALAMOS GLOBAL TOTAL RETURN FUND SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST (January 12th, 2021)

WHEREAS, the Trust has been formed under the Delaware Act upon the filing of the Certificate of Trust in the Office of the Secretary of State of the State of Delaware;

Calamos Convertible Opportunities & Income FundCALAMOS CONVERTIBLE OPPORTUNITIES AND INCOME FUND SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST (January 12th, 2021)

WHEREAS, the Trust has been formed under the Delaware Act upon the filing of the Certificate of Trust in the Office of the Secretary of State of the State of Delaware;

Calamos Strategic Total Return FundCALAMOS STRATEGIC TOTAL RETURN FUND SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST (January 12th, 2021)

WHEREAS, the Trust has been formed under the Delaware Act upon the filing of the Certificate of Trust in the Office of the Secretary of State of the State of Delaware;

Calamos Long/Short Equity & Dynamic Income TrustCALAMOS LONG/SHORT EQUITY & DYNAMIC INCOME TRUST FIFTH AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST (January 12th, 2021)

WHEREAS, the Trust has been formed under the Delaware Act upon the filing of the Certificate of Trust in the Office of the Secretary of the State of the State of Delaware;

Calamos Global Dynamic Income FundCALAMOS GLOBAL DYNAMIC INCOME FUND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST (January 12th, 2021)

WHEREAS, the Trust has been formed under the Delaware Act upon the filing of the Certificate of Trust in the Office of the Secretary of State of the State of Delaware; and

RMR Mortgage TrustRMR MORTGAGE TRUST AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST (Dated January 5, 2021) (January 6th, 2021)