Common use of Equality Clause in Contracts

Equality. Except as provided herein or in the instrument designating and establishing any class of Shares or any Sub-Trust, all Shares of each particular Sub-Trust or class thereof shall represent an equal proportionate interest in the assets belonging to that Sub-Trust, or in the case of a class, belonging to that Sub-Trust and allocable to that class, subject to the liabilities belonging to that Sub-Trust or class, and each Share of any particular Sub-Trust or class shall be equal to each other Share of that Sub-Trust or class; but the provisions of this sentence shall not restrict any distinctions permissible under subsection (c) of this Section 4.2 that may exist with respect to dividends and distributions on Shares of the same Sub-Trust or class. The Trustees may from time to time divide or combine the Shares of any particular Sub-Trust or class into a greater or lesser number of Shares of that Sub-Trust or class without thereby changing the proportionate beneficial interest in the assets belonging to that Sub-Trust or class or in any way affecting the rights of Shares of any other Sub-Trust or class.

Appears in 9 contracts

Samples: Agreement and Declaration of Trust (Calamos Investment Trust/Il), Agreement and Declaration (Calamos Advisors Trust/Il), Agreement and Declaration of Trust (Calamos Investment Trust/Il)

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Equality. Except as provided herein or in the instrument designating and establishing any class of Shares or any Sub-Trust, all Shares of each particular Sub-Trust or class thereof shall represent an equal proportionate interest in the assets belonging to that Sub-Trust, or in the case of a class, belonging to that Sub-Trust and allocable to that class, class (subject to the liabilities belonging to that Sub-Trust or class), and each Share of any particular Sub-Trust or class shall be equal to each other Share of that Sub-Trust or class; but the provisions of this sentence shall not restrict any distinctions permissible under subsection (cd) of this Section 4.2 4.3 that may exist with respect to dividends and distributions on Shares of the same Sub-Trust or class. The Trustees may from time to time divide or combine the Shares of any particular Sub-Trust or class into a greater or lesser number of Shares of that Sub-Trust or class without thereby changing the proportionate beneficial interest in the assets belonging to of that Sub-Trust or class or in any way affecting the rights of Shares of any other Sub-Trust or class.

Appears in 4 contracts

Samples: Master Trust Agreement (Icon Funds), Funds Master Trust Agreement (Lindbergh Funds), Master Trust Agreement (Amerisen Funds)

Equality. Except as provided herein or in the instrument designating and establishing any class of Shares or any Sub-Trust, all Shares of each particular Sub-Trust or class thereof shall represent an equal proportionate interest in the assets belonging to that Sub-Trust, or in the case of a class, belonging to that Sub-Trust and allocable to that class, subject to the liabilities belonging to that Sub-Trust or class, class and each Share share of any particular Sub-Trust or class shall be equal to each other Share of that Sub-Trust or class; but the provisions of this sentence shall not restrict any distinctions permissible under subsection (c) of this Section 4.2 that may exist with respect to dividends and distributions on Shares of the same Sub-Trust or class. The Trustees may from time to time divide or combine the Shares of any particular Sub-Trust or class into a greater or lesser number of Shares of that Sub-Trust or class without thereby changing the proportionate beneficial interest in the assets belonging to that Sub-Trust or class or in any way affecting the rights of Shares of any other Sub-Trust or class.

Appears in 2 contracts

Samples: LKCM Fund Agreement (LKCM Fund), Funds Amended Agreement (LKCM Fund)

Equality. Except as provided herein or in the any instrument designating and establishing any class of Shares or any Sub-Trust, all Shares of each particular Sub-Trust or class thereof shall represent an equal proportionate interest in the assets belonging to that Sub-Trust, or in the case of a class, belonging to that Sub-Trust and allocable to that class, subject to the liabilities belonging to that Sub-Trust or class, and each Share of any particular Sub-Trust or class shall be equal to each other Share of that Sub-Trust or class; but the provisions of this sentence shall not restrict any distinctions permissible under subsection (c) of this Section 4.2 that may exist with respect to dividends and distributions on Shares of the same Sub-Trust or class. The Trustees may from time to time divide or combine the Shares of any particular Sub-Trust or class into a greater or lesser number of Shares of that Sub-Trust or class without thereby changing the proportionate beneficial interest in the assets belonging to that Sub-Trust or class or in any way affecting the rights of Shares of any other Sub-Trust or class.

Appears in 2 contracts

Samples: Master Trust Agreement (Usaa Mutual Funds Trust), Master Trust Agreement (Usaa Mutual Funds Trust)

Equality. Except as provided herein or in the instrument designating and establishing any class of Shares or any Sub-Trust, all Shares of each particular Sub-Trust or class thereof shall represent an equal proportionate interest in the assets belonging to that Sub-Trust, or in the case of a class, belonging to that Sub-Trust and allocable to that class, subject to the liabilities belonging to that Sub-Trust or class, and each Share of any particular Sub-Trust or class shall be equal to each other Share of that Sub-Trust or class; but the provisions of this sentence shall not restrict any distinctions permissible under subsection (c) of this Section 4.2 that may exist with respect to dividends and distributions on Shares of the same Sub-Trust or class. The Trustees in their sole discretion may from time to time divide or combine the Shares of any particular Sub-Trust or class into a greater or lesser number of Shares of that Sub-Trust or class without thereby changing the proportionate beneficial interest in the assets belonging to that Sub-Trust or class or in any way affecting the rights of Shares of any other Sub-Trust or class.

Appears in 1 contract

Samples: Master Trust Agreement (Lend Lease Funds)

Equality. Except as provided herein or in the instrument designating and establishing any class of Shares or any Sub-Trust, all Shares of each particular Sub-Trust or class thereof shall represent an equal proportionate interest in the assets belonging to that Sub-Trust, or in the case of a class, belonging to that Sub-Trust and allocable to that class, class (subject to the liabilities belonging to that Sub-Trust or class), and each Share of any particular Sub-Trust or class shall be equal to each other Share of that Sub-Trust or class; but the provisions of this sentence shall not restrict any distinctions permissible under subsection (c) of this Section 4.2 that may exist with respect to dividends and distributions on Shares of the same Sub-Trust or class. The Trustees may from time to time divide or combine the Shares of any particular Sub-Trust or class into a greater or lesser number of Shares of that Sub-Trust or class without thereby changing the proportionate beneficial interest in the assets belonging to that Sub-Trust or class or in any way affecting the rights of Shares of any other Sub-Trust or class.

Appears in 1 contract

Samples: Master Trust Agreement (State Street Research Capital Trust)

Equality. Except as provided herein or in the instrument designating and establishing any class of Shares or any Sub-Trust, all Shares of each particular Sub-Trust or class thereof shall represent an equal proportionate interest in the assets belonging to that Sub-Trust, or in the case of a class, belonging to that Sub-Sub- Trust and allocable to that class, class (subject to the liabilities belonging to that Sub-Trust or class), and each Share of any particular Sub-Trust or class shall be equal to each other Share of that Sub-Trust or class; but the provisions of this sentence shall not restrict any distinctions permissible under subsection Subsection (cd) of this Section 4.2 4.3 that may exist with respect to dividends and distributions on Shares of the same Sub-Trust or class. The Trustees may from time to time divide or combine the Shares of any particular Sub-Trust or class into a greater or lesser number of Shares of that Sub-Trust or class without thereby changing the proportionate beneficial interest in the assets belonging to of that Sub-Trust or class or in any way affecting the rights of Shares of any other Sub-Sub- Trust or class.

Appears in 1 contract

Samples: Master Trust Agreement (U S Global Accolade Funds)

Equality. Except as provided herein or in the instrument designating and establishing any class of Shares or any Sub-Trust, all Shares of each particular Sub-Trust or class thereof shall represent an equal proportionate interest in the assets belonging to that Sub-Trust, or in the case of a class, belonging to that Sub-Trust and allocable to that class, subject to the liabilities belonging to that Sub-Trust or class, and each Share of any particular Sub-Trust or class shall be equal to each other Share of that Sub-Sub- Trust or class; but the provisions of this sentence shall not restrict any distinctions permissible under subsection (c) of this Section 4.2 that may exist with respect to dividends and distributions on Shares of the same Sub-Trust or class. The Trustees may from time to time divide or combine the Shares of any particular Sub-Trust or class into a greater or lesser number of Shares of that Sub-Trust or class without thereby changing the proportionate beneficial interest in the assets belonging to that Sub-Trust or class or in any way affecting the rights of Shares of any other Sub-Trust or class.

Appears in 1 contract

Samples: First and Amended and Restated Agreement and Declaration of Trust (CFS Investment Trust)

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Equality. Except as provided herein or in the any instrument designating and establishing any Sub-Trust or any Shares or class of Shares or of any Sub-Trust, all Shares of each particular Sub-Trust or class thereof shall represent an equal undivided, proportionate beneficial interest in the assets belonging to that Sub-Trust, or in the case of a class, belonging to that Sub-Trust and allocable to that class, subject to the liabilities belonging to that Sub-Sub- Trust or class, and each Share of any particular Sub-Trust or class shall be equal to each other Share of that Sub-Sub- Trust or class; but the provisions of this sentence shall not restrict any distinctions permissible under subsection (c) of this Section 4.2 that may exist with respect to dividends and distributions on Shares of the same Sub-Trust or class. The Trustees may from time to time divide or combine the Shares of any particular Sub-Trust or class into a greater or lesser number of Shares of that Sub-Trust or class without thereby changing the proportionate beneficial interest in the assets belonging to that Sub-Trust or class or in any way affecting the rights of Shares of any other Sub-Trust or class.

Appears in 1 contract

Samples: Master Trust Agreement (USAA ETF Trust)

Equality. Except as provided herein or in the any instrument designating and establishing any class Class of Shares or any Sub-Trust, all Shares of each particular Sub-Trust or class Class thereof shall represent an equal proportionate interest in the assets belonging to that Sub-Trust, or in the case of a classClass, belonging to that Sub-Trust and allocable to that classClass, subject to the liabilities belonging to that Sub-Trust or classClass, and each Share of any particular Sub-Trust or class Class shall be equal to each other Share of that Sub-Trust or classClass and have identical voting, dividend, liquidation, and other rights; but the provisions of this sentence shall not restrict any distinctions permissible under subsection (c) of this Section 4.2 that may exist with respect to dividends and distributions on Shares of the same Sub-Trust or classClass. The Trustees may from time to time divide or combine the Shares of any particular Sub-Trust or class Class into a greater or lesser number of Shares of that Sub-Sub- Trust or class Class without thereby changing the proportionate beneficial interest in the assets belonging to that Sub-Trust or class Class or in any way affecting the rights of Shares of any other Sub-Trust or classClass.

Appears in 1 contract

Samples: Master Trust Agreement (Victory Portfolios Iii)

Equality. Except as provided herein or in the instrument designating and establishing any class of Shares or any Sub-Trust, all Shares of each particular Sub-Trust or class thereof shall represent an equal proportionate interest in the assets belonging to that Sub-Trust, or in the case of a class, belonging to that Sub-Trust and allocable to that class, subject to the liabilities belonging to that Sub-Trust or class, class and each Share share of any particular Sub-Trust or class shall be equal to each other Share of that Sub-Sub- Trust or class; but the provisions of this sentence shall not restrict any distinctions permissible under subsection (c) of this Section 4.2 that may exist with respect to dividends and distributions on Shares of the same Sub-Trust or class. The Trustees may from time to time divide or combine the Shares of any particular Sub-Trust or class into a greater or lesser number of Shares of that Sub-Trust or class without thereby changing the proportionate beneficial interest in the assets belonging to that Sub-Trust or class or in any way affecting the rights of Shares of any other Sub-Trust or class.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Uam Funds Trust)

Equality. Except as provided herein or in the instrument designating and establishing any class Class of Shares or any Sub-Trust, all Shares of each particular Sub-Trust or class Class thereof shall represent an equal proportionate interest in the assets belonging to that Sub-Trust, or in the case of a classClass, belonging to that Sub-Trust Trust, and allocable to that classClass, subject to the liabilities belonging to that Sub-Trust or classClass, and each Share of any particular Sub-Trust or class Class shall be equal to each other Share of that Sub-Trust or classClass; but the provisions of this sentence shall not restrict any distinctions permissible under subsection (c) of this Section 4.2 that may exist with respect to dividends and distributions on Shares of the same Sub-Trust or classClass. The Trustees may from time to time divide or combine the Shares of any particular Sub-Trust or class Class into a greater or lesser number of Shares of that Sub-Trust or class Class without thereby changing the proportionate beneficial interest in the assets belonging to that Sub-Trust or class Class or in any way affecting the rights of Shares of any other Sub-Trust or classClass.

Appears in 1 contract

Samples: Master Trust Agreement (Greenwich Street Series Fund)

Equality. Except as provided herein or in the instrument designating and establishing any class of Shares or any Sub-Trust, all Shares of each particular Sub-Trust or class thereof shall represent an equal proportionate interest in the assets belonging to that Sub-Trust, or in the case of a class, belonging to that Sub-Trust and allocable to that class, subject to the liabilities belonging to that Sub-Trust or class, class and each Share share of any particular Sub-Trust or class shall be equal to each other Share of that Sub-Sub- Trust or class; but the provisions of this sentence shall not restrict any distinctions permissible under subsection (cC) of this Section 4.2 that may exist with respect to dividends and distributions on Shares of the same Sub-Trust or class. The Trustees may from time to time divide or combine the Shares of any particular Sub-Trust or class into a greater or lesser number of Shares of that Sub-Trust or class without thereby changing the proportionate beneficial interest in the assets belonging to that Sub-Trust or class or in any way affecting the rights of Shares of any other Sub-Trust or class.

Appears in 1 contract

Samples: Fund Ii Agreement (Uam Funds Trust)

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