Agreement and Declaration of Trust Sample Contracts

OF
Agreement and Declaration of Trust • August 20th, 2019 • Pioneer Securitized Income Fund • Delaware
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American Funds College Target Date Series AMENDED AND RESTATED agreement and declaration of trust
Agreement and Declaration of Trust • December 29th, 2023 • American Funds College Target Date Series • Delaware

WHEREAS, the Trustees of American Funds College Target Date Series entered into an Amended and Restated Agreement and Declaration of Trust dated as of December 8, 2020; and

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF CATALYST STRATEGIC INCOME OPPORTUNITIES FUND a Delaware Statutory Trust
Agreement and Declaration of Trust • January 17th, 2024 • Catalyst Strategic Income Opportunities Fund • Delaware

WHEREAS, the original Trustees of Pecos Asset Back Securities Fund, a Delaware statutory trust (the “Trust”) executed a Declaration of Trust as of November 28, 2023 (the “Original Trust Agreement”);

VERSUS CAPITAL Infrastructure Income FUND THIRD Amended and Restated AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration of Trust • November 9th, 2023 • Versus Capital Infrastructure Income Fund • Massachusetts

This THIRD AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made this 20th day of October 2023, by the Trustee hereunder, and by the holders of shares of beneficial interest to be issued hereunder as hereinafter provided, amending and restating the Second Amended and Restated Agreement and Declaration of Trust dated July 11, 2023, for the purposes of eliminating references to the sole initial trustee, adding Trustees as signatories hereto and making such other changes as deemed necessary by the Trustees.

AXXES PRIVATE MARKETS FUND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST Dated as of January 12, 2024
Agreement and Declaration of Trust • February 27th, 2024 • Axxes Private Markets Fund

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;

PERPETUAL AMERICAS FUNDS TRUST SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration of Trust • January 29th, 2024 • JOHCM Funds Trust • Massachusetts

This SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made at Boston, Massachusetts, on this 1st day of February, 2024, by the Trustees hereunder and by the holders of shares of beneficial interest to be issued hereunder as hereinafter provided, amends and restates the Amended and Restated Agreement and Declaration of Trust made at Boston, Massachusetts on the 4th day of December, 2020, for the purposes of renaming the Trust Perpetual Americas Funds Trust and making such other changes as the Trustees deemed necessary.

FIFTH AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF AIM INTERNATIONAL MUTUAL FUNDS (INVESCO INTERNATIONAL MUTUAL FUNDS)
Agreement and Declaration of Trust • February 27th, 2024 • Aim International Mutual Funds (Invesco International Mutual Funds)

WHEREAS the Trust was formed on December 6, 1999 by the filing of a Certificate of Trust with the office of the Secretary of State of the State of Delaware pursuant to a Declaration of Trust, dated as of December 6, 1999 (the "Original Declaration”);

DIAMOND HILL FUNDS THIRD AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST February 28, 2021
Agreement and Declaration of Trust • February 26th, 2021 • Diamond Hill Funds • Ohio
CALAMOS CONVERTIBLE AND HIGH INCOME FUND THIRD AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration of Trust • January 17th, 2023 • Calamos Convertible & High Income Fund • Delaware

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-AVENUE OPPORTUNITIES FUND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST Dated as of July 27, 2021
Agreement and Declaration of Trust • January 12th, 2022 • Calamos-Avenue Opportunities Fund • Delaware
SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF NEOS ETF TRUST
Agreement and Declaration of Trust • September 26th, 2023 • NEOS ETF Trust • Delaware

This SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST is effective as of the 14th day of July, 2023 by the Trustees of NEOS ETF Trust, each of whom has executed this Declaration of Trust.

AGREEMENT AND DECLARATION OF TRUST OF DENALI STRUCTURED RETURN STRATGEY FUND a Delaware Statutory Trust
Agreement and Declaration of Trust • November 28th, 2023 • Denali Structured Return Strategy Fund • Delaware
ALTI Fund (a Delaware statutory trust) AGREEMENT AND DECLARATION OF TRUST Dated as of October 4, 2018
Agreement and Declaration of Trust • May 26th, 2023 • Alti Private Equity Access & Commitments Fund

This AGREEMENT AND DECLARATION OF TRUST is made as of September __, 2018 by the Trustees to establish a statutory trust for the investment and reinvestment of funds contributed to the Trust by investors. The Trustees declare that all money and property contributed to the Trust shall be held and managed in trust pursuant to this declaration.

AGREEMENT AND DECLARATION OF TRUST of THORNBURG DURABLE ALLOCATION & INCOME TRUST (a Delaware Statutory Trust) Dated as of [ ]
Agreement and Declaration of Trust • April 6th, 2023 • Thornburg Durable Allocation & Income Trust

THIS AGREEMENT AND DECLARATION OF TRUST is made as of [ ] by the Trustee named hereunder for the purpose of forming a Delaware statutory trust in accordance with the provisions hereinafter set forth.

BLACKSTONE ALTERNATIVE ALPHA MASTER FUND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration of Trust • July 27th, 2018 • Blackstone Alternative Alpha Master Fund • Massachusetts

THIS AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made at Boston, Massachusetts, this 26th day of August 2016, amends and restates in its entirety the Agreement and Declaration of Trust of Blackstone Alternative Alpha Master Fund dated November 14, 2011, as amended by Amendment No. 1 dated September 18, 2013. This Amended and Restated Agreement and Declaration of Trust shall be effective upon filing with the Secretary of The Commonwealth of Massachusetts:

EATON VANCE ENHANCED EQUITY INCOME FUND II AMENDMENT TO AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration of Trust • January 31st, 2019 • Eaton Vance Enhanced Equity Income Fund II

AMENDMENT effective August 11, 2008, made to the Agreement and Declaration of Trust dated November 8, 2004, as amended, (hereinafter called the "Declaration") of Eaton Vance Enhanced Equity Income Fund II, a Massachusetts business trust (hereinafter called the "Trust"), by at least a majority of the Trustees of the Trust in office on August 11, 2008.

FEDERATED HERMES ETF TRUST
Agreement and Declaration of Trust • December 27th, 2023 • Federated Hermes ETF Trust • Delaware

This AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST is made as of December 14, 2021, by the Trustees, amending and restating the Trust Instrument dated February 11, 2021, to govern a statutory trust for the investment and reinvestment of funds contributed to the Trust by investors (“Declaration of Trust”). The Trustees declare that all money and property contributed to the Trust shall be held and managed in trust pursuant to this Declaration of Trust. The name of the Trust created by this Declaration of Trust is “Federated Hermes ETF Trust.” The Trustees may, without Shareholder authorization or approval, change the name of the Trust and adopt such other name as they deem proper in their sole discretion. Any name change of the Trust shall become effective upon the filing of a certificate of amendment reflecting such change in the office of the Delaware Secretary of State or at a future date or time specified in such certificate of amendment. Any such name change of the Trust s

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST Dated as of July 13, 2022
Agreement and Declaration of Trust • June 29th, 2023 • Wellings Real Estate Income Fund

AGREEMENT AND DECLARATION OF TRUST made as of the 2nd day of May 2022, by the Board of Trustees hereunder and The Corporation Trust Company, as Delaware trustee.

AGREEMENT AND DECLARATION OF TRUST of OLDEN LANE FUNDS TRUST a Delaware Statutory Trust
Agreement and Declaration of Trust • October 11th, 2016 • Olden Lane Funds Trust • New York

WHEREAS, this AGREEMENT AND DECLARATION OF TRUST is made and entered into as of the date set forth below by the Trustee named hereunder for the purpose of forming a Delaware statutory trust in accordance with the provisions hereinafter set forth;

NATIXIS ETF TRUST II AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration of Trust • December 12th, 2019 • Natixis ETF Trust II • Massachusetts

THIS AGREEMENT AND DECLARATION OF TRUST made at Boston, Massachusetts, effective on July 7, 2017 by the Trustees hereunder and by the holders of shares of beneficial interest to be issued hereunder as hereinafter provided:

ASPIRIANT RISK-MANAGED CAPITAL APPRECIATION FUND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST Dated: January 1, 2023
Agreement and Declaration of Trust • July 28th, 2023 • Aspiriant Risk-Managed Capital Appreciation Fund

THIS AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of Aspiriant Risk-Managed Capital Appreciation Fund, a Delaware statutory trust, is made as of January 1, 2023 by the undersigned Trustees.

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CALAMOS CONVERTIBLE AND HIGH INCOME FUND SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration of Trust • January 12th, 2021 • Calamos Convertible & High Income Fund • Delaware

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;

ARTICLE I
Agreement and Declaration of Trust • December 3rd, 2002 • Rydex Etf Trust
BAILLIE GIFFORD FUNDS THIRD AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration of Trust • February 29th, 2024 • Baillie Gifford Funds • Massachusetts

THIS THIRD AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made at Boston, Massachusetts this 20th day of September, 2023 by the Trustees hereunder and the holders of shares of beneficial interest issued hereunder and to be issued hereunder as hereinafter provided, amending and restating the Agreement and Declaration of Trust, originally dated August 17, 2001 (the “Original Declaration of Trust”), the Amended and Restated Agreement and Declaration of Trust, dated December 31, 2014, and the Second Amended and Restated Agreement and Declaration of Trust, dated February 27, 2017, each as amended and restated from time to time:

AGREEMENT AND DECLARATION OF TRUST OF PIONEER ETMF SERIES TRUST I (a Delaware Statutory Trust) Dated as of June 23, 2015
Agreement and Declaration of Trust • February 3rd, 2017 • Pioneer NextShares Series Trust I • Delaware

NOW, THEREFORE, the Trustees and any successor Trustees elected or appointed in accordance with Article V hereof hereby declare that they will hold all cash, securities and other assets and properties, which the Trust may from time to time acquire in any manner, IN TRUST, and that they will manage and dispose of the same and manage the affairs and business of the Trust upon the following terms and conditions for the benefit of the holders from time to time of shares of beneficial interest in this Trust as hereinafter set forth.

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration of Trust • August 25th, 2016 • Dividend & Income Fund
ADVISERS INVESTMENT TRUST FIFTH AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST MARCH 9, 2023
Agreement and Declaration of Trust • January 25th, 2024 • Advisers Investment Trust • Delaware

This FIFTH AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made this 9th day of March, 2023, by the Trustees hereunder, and by the holders of Shares of beneficial interest to be issued hereunder as hereinafter provided.

SECOND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF INVESCO HIGH INCOME TRUST II
Agreement and Declaration of Trust • June 26th, 2018 • Invesco High Income Trust II

WHEREAS the Trust was formed on April 2, 2012 by its sole Trustee by the filing of a Certificate of Trust with the office of the Secretary of State of the State of Delaware pursuant to a Declaration of Trust, dated as of March 27, 2012, as amended and restated on May 15, 2012 (the “Original Declaration”);

iSHARES TRUST
Agreement and Declaration of Trust • October 6th, 2008 • iSHARES TRUST
OVERLAND ADVANTAGE AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration of Trust • January 12th, 2024 • Overland Advantage

This AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST made as of this 13th day of December, 2023, by the Trustees hereunder.

BLACKROCK 2038 MUNICIPAL TARGET TERM TRUST AGREEMENT AND DECLARATION OF TRUST DATED AS OF JUNE 15, 2023
Agreement and Declaration of Trust • June 23rd, 2023 • BlackRock 2038 Municipal Target Term Trust

THIS AGREEMENT AND DECLARATION OF TRUST made as of the 15th day of June, 2023, by the Trustee hereunder, and by the holders of shares of beneficial interest issued hereunder as hereinafter provided.

Federated Core Trust III AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration of Trust • May 26th, 2023 • Federated Hermes Core Trust III

THIS AGREEMENT AND DECLARATION OF TRUST made as of the 15th day of August 2008, by the Trustees hereunder, and by the holders of shares of beneficial interest issued hereunder as hereinafter provided.

CONVERSUS STEPSTONE PRIVATE VENTURE AND GROWTH FUND AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST Dated as of June 8, 2022
Agreement and Declaration of Trust • June 14th, 2022 • Conversus StepStone Private Venture & Growth Fund • Delaware

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;

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