Common use of Determination of Net Asset Value, Net Income and Distributions Clause in Contracts

Determination of Net Asset Value, Net Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of any Series or class thereof which shall yield to such Series or class not less than the net asset value thereof, at which price the Shares of such Series or class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to such Series or class not less than the net asset value thereof from sales of the Shares of such Series or class; provided, however, that no Shares of a Series or class thereof shall be issued or sold for consideration which shall yield to such Series or class less than the net asset value of the Shares of such Series or class next determined after the receipt of the order (or at such other times set by the Board of Trustees), except in the case of Shares of such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in their absolute discretion, may prescribe and shall set forth in the By-Laws or in a duly adopted vote of the Board of Trustees such bases and time for determining the per Share or net asset value of the Shares of any Series or net income attributable to the Shares of any Series, or the declaration and payment of dividends and distributions on the Shares of any Series, as they may deem necessary or desirable.

Appears in 57 contracts

Samples: Agreement and Declaration of Trust (Kurv ETF Trust), And Restated Agreement (Destra Multi-Alternative Fund), And Restated Agreement (Destra Multi-Alternative Fund)

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Determination of Net Asset Value, Net Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of any Series or class thereof which shall yield to such Series or class not less than the net asset value thereof, at which price the Shares of such Series or class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to such Series or class not less than the net asset value thereof from sales of the Shares of such Series or class; provided, however, that no Shares of a Series or class thereof shall be issued or sold for consideration which shall yield to such Series or class less than the net asset value of the Shares of such Series or class next determined after the receipt of the order (or at such other times set by the Board of Trustees), except in the case of Shares of such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in their absolute discretion, may prescribe and shall set forth in the By-Laws laws or in a duly adopted vote of the Board of Trustees such bases and time for determining the per Share or net asset value of the Shares of any Series or net income attributable to the Shares of any Series, or the declaration and payment of dividends and distributions on the Shares of any Series, as they may deem necessary or desirable.

Appears in 32 contracts

Samples: Agreement and Declaration of Trust (Northern Lights Fund Trust IV), Amended Agreement and Declaration of Trust (Two Roads Shared Trust), Agreement and Declaration of Trust (Northern Lights Fund Trust IV)

Determination of Net Asset Value, Net Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of any Series or class thereof which shall yield to such Series or class not less than the net asset value thereof, at which price the Shares of such Series or class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to such Series or class not less than the net asset value thereof from sales of the Shares of such Series or class; provided, however, that no Shares of a Series or class thereof shall be issued or sold for consideration which shall yield to such Series or class less than the net asset value of the Shares of such Series or class next determined after the receipt of the order (or at such other times set by the Board of Trustees), except in the case of Shares of such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in their absolute discretion, may prescribe and shall set forth in the By-Laws or in a duly adopted vote of the Board of Trustees such bases basis and time for determining the per Share or net asset value of the Shares of any Series or net income attributable to the Shares of any Series, or the declaration and payment of dividends and distributions on the Shares of any Series, as they may deem necessary or desirable.

Appears in 19 contracts

Samples: Agreement and Declaration of Trust (OneAscent Private Markets Access Fund), Agreement and Declaration of Trust (Catalyst Strategic Income Opportunities Fund), Agreement and Declaration (List Income Opportunities Fund)

Determination of Net Asset Value, Net Income and Distributions. Subject to Article III, ,Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of any Series anySeries or class thereof which shall yield to such Series or class not less than the net asset value thereof, at which price whichprice the Shares of such Series or class shall be offered initially for sale, and to determine from time to time thereafter timethereafter the offering price which shall yield to such Series or class not less than the net asset value thereof from thereoffrom sales of the Shares of such Series or class; provided, however, that no Shares of a Series or class thereof shall thereofshall be issued or sold for consideration which shall yield to such Series or class less than the net asset value of the ofthe Shares of such Series or class next determined after the receipt of the order (or at such other times set by the Board theBoard of Trustees), except in the case of Shares of such Series or class issued in payment of a dividend properly declared properlydeclared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in their absolute discretion, may prescribe and prescribeand shall set forth in the By-Laws or in a duly adopted vote of the Board of Trustees such bases and time for determining fordetermining the per Share or net asset value of the Shares of any Series or net income attributable to the Shares of Sharesof any Series, or the declaration and payment of dividends and distributions on the Shares of any Series, as they may theymay deem necessary or desirable.

Appears in 2 contracts

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

Determination of Net Asset Value, Net Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of any Series or class thereof which shall yield to such Series or class not less than the net asset value thereof, at which price the Shares of such Series or class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to such Series or class not less than the net asset value thereof from sales of the Shares of such Series or class; provided, however, that no Shares of a Series or class thereof shall be issued or sold for consideration which shall yield to such Series or class less than the net asset value of the Shares of such Series or class next determined after the receipt of the order (or at such other times set by the Board of Trustees), except in the case of Shares of such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in their absolute discretion, may prescribe and shall set forth in the By-Laws or in a duly adopted vote of the Board of Trustees such bases and time for determining the per Share or net asset value of the Shares of any Series or net income attributable to the Shares of any Series, or the declaration and payment of dividends and distributions on the Shares of any Series, as they may deem necessary or desirable.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (SCS Insurance Opportunities Fund), Agreement and Declaration of Trust (Total Income (Plus) Mortgage Fund)

Determination of Net Asset Value, Net Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of any Series or class thereof which shall yield to such Series or class not less than the net asset value thereofthereof (except that senior securities, as defined under the 1940 Act, may be priced at a value that is not equal to net asset value), at which price the Shares of such Series or class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to such Series or class not less than the net asset value thereof (except that senior securities, as defined under the 1940 Act, may be priced at a value that is not equal to net asset value) from sales of the Shares of such Series or class; provided, however, that no Shares of a Series or class thereof shall be issued or sold for consideration which shall yield to such Series or class less than the net asset value (except that senior securities, as defined under the 1940 Act, may be priced at a value that is not equal to net asset value) of the Shares of such Series or class next determined after the receipt of the order (or at such other times set by the Board of Trustees), except in the case of Shares of such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in their absolute discretion, may prescribe and shall set forth in the By-Laws or in a duly adopted vote of the Board of Trustees such bases and time for determining the per Share or net asset value of the Shares of any Series or net income attributable to the Shares of any Series, or the declaration and payment of dividends and distributions on the Shares of any Series, as they may deem necessary or desirable.

Appears in 2 contracts

Samples: Agreement and Declaration (Flat Rock Enhanced Income Fund), Pop Venture Fund

Determination of Net Asset Value, Net Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees Directors shall have the power to fix an initial offering price for the Shares of the Fund or any Series or class thereof which shall yield to the Fund or such Series or class not less than the net asset value thereof, at which price the Shares of the Fund or such Series or class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to the Fund or such Series or class not less than the net asset value thereof from sales of the Shares of the Fund or such Series or classSeries; provided, however, that no Shares of a the Fund or Series or class thereof shall be issued or sold for consideration which shall yield to the Fund or such Series or class less than the net asset value of the Shares of the Fund or such Series or class next determined after the receipt of the order (or at such other times set by the Board of TrusteesDirectors), except in the case of Shares of the Fund or such Series or class issued in payment of a dividend distribution properly declared and payable. Subject to Article III, Section 6 hereof, the Board of TrusteesDirectors, in their its absolute discretion, may prescribe and shall set forth in the By-Laws or in a duly adopted vote of the Board of Trustees Directors such bases and time for determining the per Share or net asset value of the Shares of the Fund or any Series or Class or net income attributable to the Shares of the Fund or any SeriesSeries or Class, or the declaration and payment of dividends and distributions on the Shares of the Fund or any SeriesSeries or Class, as they it may deem necessary or desirable.

Appears in 1 contract

Samples: Limited Partnership Agreement (SEI Alpha Strategy Portfolios, LP)

Determination of Net Asset Value, Net Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of any Series or class thereof which shall yield to result in such Series or class being valued at not less than the net asset value thereof, at which price the Shares of such Series or class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to result in such Series or class being valued at not less than the net asset value thereof from sales of the Shares of such Series or class; provided, however, that no Shares of a Series or class thereof shall be issued or sold for consideration which shall yield to result in such Series or class being valued at less than the net asset value of the Shares of such Series or class next determined after the receipt of the order (or at such other times set by the Board of Trustees), except in the case of Shares of such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in their its absolute discretion, may prescribe and shall set forth in the By-Laws laws or in a duly adopted vote of the Board of Trustees such bases and time for determining the per Share or net asset value of the Shares of any Series or net income attributable to the Shares of any Series, or the declaration and payment of dividends and distributions on the Shares of any Series, as they may deem necessary or desirable.

Appears in 1 contract

Samples: Agreement and Declaration (MTB Group of Funds)

Determination of Net Asset Value, Net Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of any Series or class thereof which shall yield to such Series or class not less than the net asset value thereof, at which price the Shares of such Series or class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to such Series or class not less than the net asset value thereof from sales of the Shares of such Series or class; provided, however, that no Shares of a Series or class thereof shall be issued or sold for consideration which shall yield to such Series or class less than the net asset value of the Shares of such Series or class next determined after the receipt of the order (or at such other times set by the Board of Trustees), except in the case of Shares of such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in their absolute discretion, may prescribe and shall set forth in the By-Laws By‑laws or in a duly adopted vote of the Board of Trustees such bases and time for determining the per Share or net asset value of the Shares of any Series or net income attributable to the Shares of any Series, or the declaration and payment of dividends and distributions on the Shares of any Series, as they may deem necessary or desirable.

Appears in 1 contract

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

Determination of Net Asset Value, Net Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of any Series or class thereof which shall yield to such Series or class not less than the net asset value thereof, at which price the Shares of such Series or class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to such Series or class not less than the net asset value thereof from sales of the Shares of such Series or class; provided, however, that no Shares of a Series or class thereof shall be issued or sold for consideration which shall yield to such Series or class less than the net asset value of the Shares of such Series or class next determined after the receipt of the order (or at such other times set by the Board of Trustees), except in the case of Shares of such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in their its absolute discretion, may prescribe and shall set forth in the By-Laws or in a duly adopted vote of the Board of Trustees such bases and time for determining the per Share or net asset value of the Shares of any Series or net income attributable to the Shares of any Series, or the declaration and payment of dividends and distributions on the Shares of any Series, as they it may deem necessary or desirable.

Appears in 1 contract

Samples: Agreement and Declaration (E-Valuator Funds Trust)

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Determination of Net Asset Value, Net Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of any Series or class thereof which shall yield to such Series or class not less than the net asset value thereof, at which price the Shares of such Series or class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to such Series or class not less than the net asset value thereof from sales of the Shares of such Series or class; provided, however, that no Shares of a Series or class thereof shall be issued or sold for consideration which shall yield to such Series or class less than the net asset value of the Shares of such Series or class next determined after the receipt of the order (or at such other times set by the Board of Trustees), except in the case of Shares of such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in their absolute discretion, may prescribe and shall set forth in the By-Laws Bylaws or in a duly adopted vote of the Board of Trustees such bases and time for determining the per Share or net asset value of the Shares of any Series or net income attributable to the Shares of any Series, or the declaration and payment of dividends and distributions on the Shares of any Series, as they may deem necessary or desirable.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (MainGate Trust)

Determination of Net Asset Value, Net Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of any Series or class thereof which shall yield to such Series or class not less than the net asset value thereof, at which price the Shares of such Series or class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to such Series or class not less than the net asset value thereof from sales of the Shares of such Series or class; provided, however, that no Shares of a Series or class thereof shall be issued or sold for consideration which shall yield to such Series or class less than the net asset value of the Shares of such Series or class next determined by the Board of Trustees after the receipt of the order investment, or as otherwise provided in the applicable prospectus (or at such other times set by the Board of Trustees), except in the case of Shares of such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in their absolute discretion, may prescribe and shall set forth in the By-Laws Bylaws or in a duly adopted vote of the Board of Trustees such bases and time for determining the per Share or net asset value of the Shares of any Series or net income attributable to the Shares of any Series, or the declaration and payment of dividends and distributions on the Shares of any Series, as they may deem necessary or desirable.

Appears in 1 contract

Samples: Sierra Total Return Fund (Sierra Total Return Fund)

Determination of Net Asset Value, Net Income and Distributions. Subject to Article IIIIV, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of any Series or class thereof which shall yield to such Series or class not less than the net asset value thereofthereof (except that senior securities, as defined under the 1940 Act, may be priced at a value that is not equal to net asset value), at which price the Shares of such Series or class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to such Series or class not less than the net asset value thereof (except that senior securities, as defined under the 1940 Act, may be priced at a value that is not equal to net asset value) from sales of the Shares of such Series or class; provided, however, that no Shares of a Series or class thereof shall be issued or sold for consideration which shall yield to such Series or class less than the net asset value (except that senior securities, as defined under the 1940 Act, may be priced at a value that is not equal to net asset value) of the Shares of such Series or class next determined after the receipt of the order (or at such other times set by the Board of Trustees), except in the case of Shares of such Series or class issued in payment of a dividend properly declared and payable. Subject to Article IIIIV, Section 6 hereof, the Board of Trustees, in their absolute discretion, may prescribe and shall set forth in the By-Laws or in a duly adopted vote of the Board of Trustees such bases and time for determining the per Share or net asset value of the Shares of any Series or net income attributable to the Shares of any Series, or the declaration and payment of dividends and distributions on the Shares of any Series, as they may deem necessary or desirable.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Axxes Private Markets Fund)

Determination of Net Asset Value, Net Income and Distributions. Subject to applicable law, including the 1940 Act, and Article III, Section 6 7 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of any Series or class Class thereof which shall yield to such Series or class Class not less than the net asset value thereof, at which price the Shares of such Series or class Class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to such Series or class Class not less than the net asset value thereof from sales of the Shares of such Series or classClass; provided, however, that no Shares of a Series or class Class thereof shall be issued or sold so’ld for consideration which shall yield to such Series or class Class less than the net asset value of the Shares of such Series or class Class next determined after the receipt of the order (or at such other times set by the Board of Trustees), except in the case of Shares of such Series or class Class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 7 hereof, the Board of Trustees, in their absolute discretion, may prescribe and shall set forth in the By-Laws laws or in a duly adopted vote of the Board of Trustees such bases and time for determining the per Share or net asset value of the Shares of any Series or Class or net income attributable to the Shares of any SeriesSeries or Class, or the declaration and payment of dividends and distributions on the Shares of any SeriesSeries or Class, as they may deem necessary or desirable.

Appears in 1 contract

Samples: Agreement and Declaration (Lincoln Funds Trust)

Determination of Net Asset Value, Net Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of any Series or class thereof which shall yield to such Series or class not less than the net asset value thereof, at which price the Shares of such Series or class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to such Series or class not less than the net asset value thereof from sales of the Shares of such Series or class; provided, however, that no Shares of a Series or class thereof shall be issued or sold for consideration which shall yield to such Series or class less than the net asset value of the Shares of such Series or class next determined by the Board of Trustees after the receipt of the order investment, or as otherwise provided in the applicable prospectus (or at such other times set by the Board of Trustees), except in the case of Shares of such Series or class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in their absolute discretion, may prescribe and shall set forth in the By-Laws or in a duly adopted vote of the Board of Trustees such bases and time for determining the per Share or net asset value of the Shares of any Series or net income attributable to the Shares of any Series, or the declaration and payment of dividends and distributions on the Shares of any Series, as they may deem necessary or desirable.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Zell Capital)

Determination of Net Asset Value, Net Income and Distributions. Subject to Article III, Section 6 hereof, the Board of Trustees shall have the power to fix an initial offering price for the Shares of any Series or class thereof Class which shall yield to such Series or class Class not less than the net asset value thereof, at which price the Shares of such Series or class Class shall be offered initially for sale, and to determine from time to time thereafter the offering price which shall yield to such Series or class Class not less than the net asset value thereof from sales of the Shares of such Series or classClass; provided, however, that no Shares of a Series or class thereof Class shall be issued or sold for consideration which shall yield to such Series or class Class less than the net asset value of the Shares of such Series or class Class next determined after the receipt of the order (or at such other times set by the Board of Trustees), except in the case of Shares of such Series or class Class issued in payment of a dividend properly declared and payable. Subject to Article III, Section 6 hereof, the Board of Trustees, in their absolute discretion, may prescribe and shall set forth in the By-Laws laws or in a duly adopted vote of the Board of Trustees such bases and time for determining the per Share or net asset value of the Shares of any Series or net income attributable to the Shares of any Series, or the declaration and payment of dividends and distributions on the Shares of any Series, as they may deem necessary or desirable.

Appears in 1 contract

Samples: Victory Portfolios Ii (Victory Portfolios II)

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