Common use of Voting; Proxies Clause in Contracts

Voting; Proxies. Subject to the provisions of the Trust Instrument, Unitholders entitled to vote may vote either in person or by proxy, provided that either (i) an instrument authorizing such proxy to act is executed by the Unitholder in writing and dated not more than eleven months before the meeting, unless the instrument specifically provides for a longer period or (ii) an electronic, telephonic, computerized or other alternative to execution of a written instrument authorizing the proxy to act, which authorization is received not more than eleven months before the meeting. Proxies shall be delivered to the Secretary of the Trust or other person responsible for recording the proceedings before being voted. A proxy with respect to Units held in the name of two or more persons shall be valid if executed by one of them unless at or prior to exercise of such proxy the Trust receives a specific written notice to the contrary from any one of them. If any Unitholder is a minor or a person of unsound mind, and subject to guardianship or to the legal control of another person as regards the control or management of such Unitholder’s units, such Unitholder’s units may be voted by such guardian or such other person appointed or having control, and such vote may be given in person or by proxy. Unless otherwise specifically limited by their terms, proxies shall entitle the holder thereof to vote at any adjournment of a meeting. A proxy purporting to be exercised by or on behalf of a Unitholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger. At all meetings of the Unitholders, unless the voting is conducted by inspectors, all questions relating to the qualifications of voters, the validity of proxies, and the acceptance or rejection of votes shall be decided by the Chairman of the meeting. Except as otherwise provided herein or in the Trust Instrument, all matters relating to the giving, voting or validity of proxies shall be governed by the General Corporation Law of the State of Delaware relating to proxies, and judicial interpretations thereunder, as if the Trust were a Delaware corporation and the Unitholders were shareholders of a Delaware corporation.

Appears in 2 contracts

Samples: FSI Low Beta Absolute Return Fund, FSI Low Beta Absolute Return Fund, TEI

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Voting; Proxies. Subject to the provisions of the Trust Instrument, Unitholders Shareholders entitled to vote may vote either in person or by proxy, provided that either (i) an instrument authorizing such proxy to act is executed by the Unitholder Shareholder in writing and dated not more than eleven months one-hundred twenty days (120) before the meeting, unless the instrument specifically provides for a longer shorter period or (ii) the Trustees adopt by resolution an electronic, telephonic, computerized or other alternative to execution of a written instrument authorizing the proxy to act, which authorization is received not more than eleven months one-hundred twenty days (120) before the meeting, unless the instrument specifically provides for a shorter period. Proxies shall be delivered to the Secretary of the Trust or other person responsible for recording the proceedings before being voted. A proxy with respect to Units Shares held in the name of two or more persons shall be valid if executed by one of them unless at or prior to exercise of such proxy proxy, the Trust receives a specific written notice to the contrary from any one of them. If any Unitholder is a minor or a person of unsound mind, and subject to guardianship or to the legal control of another person as regards the control or management of such Unitholder’s units, such Unitholder’s units may be voted by such guardian or such other person appointed or having control, and such vote may be given in person or by proxy. Unless otherwise specifically limited by their terms, proxies shall entitle the holder thereof to vote at any adjournment of a meeting. A proxy purporting to be exercised by or on behalf of a Unitholder Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger. At all meetings of the UnitholdersShareholders, unless the voting is conducted by inspectors, all questions relating to the qualifications of voters, the validity of proxies, and the acceptance or rejection of votes shall be decided by the Chairman of the meeting. Except as otherwise provided herein or in the Trust Instrument, all matters relating to the giving, voting or validity of proxies shall be governed by the General Corporation Law of the State of Delaware relating to proxies, and judicial interpretations thereunder, as if the Trust were a Delaware corporation and the Unitholders were shareholders of a Delaware corporation.

Appears in 1 contract

Samples: Ycg Funds (YCG Funds)

Voting; Proxies. Subject to the provisions of the Trust Instrument, Unitholders Shareholders entitled to vote may vote either in person or by proxy, provided that either (i) an instrument authorizing such proxy to act is executed by the Unitholder Shareholder in writing and dated not more than eleven (11) months before the meeting, unless the instrument specifically provides for a longer period or (ii) an electronic, telephonic, computerized or other alternative to execution of a written instrument authorizing the proxy to act, which authorization is received not more than eleven (11) months before the meeting. Proxies shall be delivered to the Secretary of the Trust or other person responsible for recording the proceedings before being voted. A proxy with respect to Units Xxxxxx held in the name of two or more persons shall be valid if executed by one of them unless at or prior to exercise of such proxy the Trust receives a specific written notice to the contrary from any one of them. If any Unitholder Shareholder is a minor or a person of unsound mind, and subject to guardianship or to the legal control of another person as regards the control or management of such UnitholderShareholder’s unitsshares, such UnitholderShareholder’s units shares may be voted by such guardian or such other person appointed or having control, and such vote may be given in person or by proxy. Unless otherwise specifically limited by their terms, proxies shall entitle the holder thereof to vote at any adjournment of a meeting. A proxy purporting to be exercised by or on behalf of a Unitholder Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger. At all meetings of the UnitholdersShareholders, unless the voting is conducted by inspectors, all questions relating to the qualifications of voters, the validity of proxies, and the acceptance or rejection of votes shall be decided by the Chairman Chair of the meeting. Except as otherwise provided herein or in the Trust Instrument, all matters relating to the giving, voting or validity of proxies shall be governed by the General Corporation Law of the State of Delaware relating to proxies, and judicial interpretations thereunder, as if the Trust were a Delaware corporation and the Unitholders Shareholders were shareholders of a Delaware corporation.

Appears in 1 contract

Samples: Redwood Real Estate Income Fund

Voting; Proxies. Subject to the provisions of the Trust Instrument, Unitholders shareholders entitled to vote may vote either in person or by proxy, provided that either (ia) an instrument authorizing such proxy to act is executed by the Unitholder Shareholder in writing and dated not more than eleven (11) months before the meeting, unless the instrument specifically provides for a longer period or (iib) the Trustees adopt by resolution an electronic, telephonic, computerized or other alternative to execution of a written instrument authorizing the proxy to act, which authorization is received not more than eleven (11) months before the meeting. Proxies shall be delivered to the Secretary of the Trust or other person responsible for recording the proceedings before being voted. A proxy with respect to Units shares held in the name of two or more persons shall be valid if executed by one of them unless at or prior to exercise of such proxy the Trust receives a specific written notice to the contrary from any one of them. If any Unitholder is a minor or a person of unsound mind, and subject to guardianship or to the legal control of another person as regards the control or management of such Unitholder’s units, such Unitholder’s units may be voted by such guardian or such other person appointed or having control, and such vote may be given in person or by proxy. Unless otherwise specifically limited by their terms, proxies shall entitle the holder thereof to vote at any adjournment of a meeting. A proxy purporting to be exercised by or on behalf of a Unitholder Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of or proving invalidity shall rest on the challenger. At all meetings of the UnitholdersShareholders, unless the voting is conducted by inspectors, all questions relating to the qualifications of voters, the validity of proxies, and the acceptance or rejection of votes shall be decided by the Chairman of the meeting. Except as otherwise provided herein or in the Trust Instrument, as these Bylaws or such Trust Instrument may be amended or supplemented from time to time, all matters relating to the giving, voting or validity of proxies shall be governed by the General Corporation Law of the State of Delaware relating to proxies, and judicial interpretations thereunder, as if the Trust were a Delaware corporation and the Unitholders Shareholders were shareholders of a Delaware corporation.

Appears in 1 contract

Samples: Investment Subadvisory Agreement (Victory Portfolios)

Voting; Proxies. Subject to the provisions of the Trust Instrument, Unitholders Shareholders entitled to vote may vote either in person or by proxy, provided that either (i) an instrument authorizing such proxy to act is executed by the Unitholder Shareholder in writing and dated not more than eleven 11 months before the meeting, unless the such instrument specifically provides for a longer period or (ii) the Trustees adopt by resolution an electronic, telephonic, computerized computerized, or other alternative to execution of a written instrument authorizing the proxy to act, which authorization is received not no more than eleven 11 months before the meeting. Proxies shall be delivered to the Secretary of the Trust or other person Persons responsible for recording the proceedings before being voted. A proxy with respect to Units Shares held in the name of two or more persons Persons shall be valid if executed by one of them unless at or prior to exercise of such proxy the Trust receives a specific written notice to the contrary from any one of them. If any Unitholder is a minor or a person of unsound mind, and subject to guardianship or to the legal control of another person as regards the control or management of such Unitholder’s units, such Unitholder’s units may be voted by such guardian or such other person appointed or having control, and such vote may be given in person or by proxy. Unless otherwise specifically limited by their terms, proxies shall entitle the holder thereof to vote at any adjournment of a meeting. A proxy purporting to be exercised by or on behalf of a Unitholder Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving providing invalidity shall rest on the challenger. At all meetings of the UnitholdersShareholders, unless the voting is conducted by inspectors, all questions relating to the qualifications of voters, the validity of proxies, and the acceptance or rejection of votes shall be decided by the Chairman Chair or Co-Chairs of the meeting. Except as otherwise provided herein or in the Trust Instrument, as these By-Laws or such Trust Instrument may be amended or supplemented from time to time, all matters relating to the giving, voting voting, or validity of or proxies shall be governed by the General Corporation Law of the State of Delaware relating to proxies, and judicial interpretations thereunder, as if the Trust were a Delaware corporation and the Unitholders Shareholders were shareholders of a Delaware corporation.

Appears in 1 contract

Samples: Engine No. 1 ETF Trust

Voting; Proxies. Subject to the provisions of the Trust Instrument, Unitholders Shareholders entitled to vote may vote either in person or by proxy, provided that either (i) an instrument authorizing such proxy to act is executed by the Unitholder Shareholder in writing and dated not more than eleven 11 months before the meeting, unless the such instrument specifically provides for a longer period or (ii) the Trustees adopt by resolution an electronic, telephonic, computerized computerized, or other alternative to execution of a written instrument authorizing the proxy to act, which authorization is received not no more than eleven 11 months before the meeting. Proxies shall be delivered to the Secretary of the Trust or other person Persons responsible for recording the proceedings before being voted. A proxy with respect to Units Sxxxxx held in the name of two or more persons Persons shall be valid if executed by one of them unless at or prior to exercise of such proxy the Trust receives a specific written notice to the contrary from any one of them. If any Unitholder is a minor or a person of unsound mind, and subject to guardianship or to the legal control of another person as regards the control or management of such Unitholder’s units, such Unitholder’s units may be voted by such guardian or such other person appointed or having control, and such vote may be given in person or by proxy. Unless otherwise specifically limited by their terms, proxies shall entitle the holder thereof to vote at any adjournment of a meeting. A proxy purporting to be exercised by or on behalf of a Unitholder Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving providing invalidity shall rest on the challenger. At all meetings of the UnitholdersShareholders, unless the voting is conducted by inspectors, all questions relating to the qualifications of voters, the validity of proxies, and the acceptance or rejection of votes shall be decided by the Chairman Chair or Co-Chairs of the meeting. Except as otherwise provided herein or in the Trust Instrument, as these By-Laws or such Trust Instrument may be amended or supplemented from time to time, all matters relating to the giving, voting voting, or validity of or proxies shall be governed by the General Corporation Law of the State of Delaware relating to proxies, and judicial interpretations thereunder, as if the Trust were a Delaware corporation and the Unitholders Shareholders were shareholders of a Delaware corporation.

Appears in 1 contract

Samples: TCW ETF Trust

Voting; Proxies. Subject to the provisions of the Trust Instrument, Unitholders Shareholders entitled to vote may vote either in person or by proxy, provided that either (i) an instrument authorizing such proxy to act is executed by the Unitholder Shareholder in writing and dated not more than eleven (11) months before the meeting, unless the instrument specifically provides for a longer period or (ii) an electronic, telephonic, computerized or other alternative to execution of a written instrument authorizing the proxy to act, which authorization is received not more than eleven (11) months before the meeting. Proxies shall be delivered to the Secretary of the Trust or other person responsible for recording the proceedings before being voted. A proxy with respect to Units Shares held in the name of two or more persons shall be valid if executed by one of them unless at or prior to exercise of such proxy the Trust receives a specific written notice to the contrary from any one of them. If any Unitholder Shareholder is a minor or a person of unsound mind, and subject to guardianship or to the legal control of another person as regards the control or management of such UnitholderShareholder’s unitsshares, such UnitholderShareholder’s units shares may be voted by such guardian or such other person appointed or having control, and such vote may be given in person or by proxy. Unless otherwise specifically limited by their terms, proxies shall entitle the holder thereof to vote at any adjournment of a meeting. A proxy purporting to be exercised by or on behalf of a Unitholder Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger. At all meetings of the UnitholdersShareholders, unless the voting is conducted by inspectors, all questions relating to the qualifications of voters, the validity of proxies, and the acceptance or rejection of votes shall be decided by the Chairman of the meeting. Except as otherwise provided herein or in the Trust Instrument, all matters relating to the giving, voting or validity of proxies shall be governed by the General Corporation Law of the State of Delaware relating to proxies, and judicial interpretations thereunder, as if the Trust were a Delaware corporation and the Unitholders Shareholders were shareholders of a Delaware corporation.

Appears in 1 contract

Samples: First Trust Real Assets Fund

Voting; Proxies. Subject to the provisions of the Trust Instrument, Unitholders Interestholders entitled to vote may vote either in person or by proxy, provided that either (i) an instrument authorizing such proxy to act is executed by the Unitholder Interestholder in writing and dated not more than eleven 11 months before the meeting, unless the such instrument specifically provides for a longer period or (ii) the Trustees adopt by resolution an electronic, telephonic, computerized computerized, or other alternative to execution of a written instrument authorizing the proxy to act, which authorization is received not no more than eleven 11 months before the meeting. Proxies shall be delivered to the Secretary of the Trust or other person persons responsible for recording the proceedings before being voted. A proxy with respect to Units Interests held in the name of two or more persons shall be valid if executed by one of them unless at or prior to exercise of such proxy the Trust receives a specific written notice to the contrary from any one of them. If any Unitholder is a minor or a person of unsound mind, and subject to guardianship or to the legal control of another person as regards the control or management of such Unitholder’s units, such Unitholder’s units may be voted by such guardian or such other person appointed or having control, and such vote may be given in person or by proxy. Unless otherwise specifically limited by their terms, proxies shall entitle the holder thereof to vote at any adjournment of a meeting. A proxy purporting to be exercised by or on behalf of a Unitholder an Interestholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving providing invalidity shall rest on the challenger. At all meetings of the UnitholdersInterestholders, unless the voting is conducted by inspectors, all questions relating to the qualifications of voters, the validity of proxies, and the acceptance or rejection of votes shall be decided by the Chairman Chairperson of the meeting. Except as otherwise provided herein or in the Trust Instrument, as these By-Laws or such Trust Instrument may be amended or supplemented from time to time, all matters relating to the giving, voting voting, or validity of or proxies shall be governed by the General Corporation Law of the State of Delaware relating to proxies, and judicial interpretations thereunder, as if the Trust were a Delaware corporation and the Unitholders Interestholders were shareholders of a Delaware corporation.

Appears in 1 contract

Samples: Master Investment Portfolio

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Voting; Proxies. Subject to the provisions of the Trust Instrument, Unitholders Shareholders entitled to vote may vote either in person or by proxy, provided that either (i) an instrument authorizing such proxy to act is executed by the Unitholder Shareholder in writing and dated not more than eleven months before the meeting, unless the instrument specifically provides for a longer period or (ii) an electronic, telephonic, computerized or other alternative to execution of a written instrument authorizing the proxy to act, which authorization is received not more than eleven months before the meeting. Proxies shall be delivered to the Secretary of the Trust or other person responsible for recording the proceedings before being voted. A proxy with respect to Units Shares held in the name of two or more persons shall be valid if executed by one of them unless at or prior to exercise of such proxy the Trust receives a specific written notice to the contrary from any one of them. If any Unitholder Shareholder is a minor or a person of unsound mind, and subject to guardianship or to the legal control of another person as regards the control or management of such UnitholderShareholder’s unitsshares, such UnitholderShareholder’s units shares may be voted by such guardian or such other person appointed or having control, and such vote may be given in person or by proxy. Unless otherwise specifically limited by their terms, proxies shall entitle the holder thereof to vote at any adjournment of a meeting. A proxy purporting to be exercised by or on behalf of a Unitholder Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger. At all meetings of the UnitholdersShareholders, unless the voting is conducted by inspectors, all questions relating to the qualifications of voters, the validity of proxies, and the acceptance or rejection of votes shall be decided by the Chairman of the meeting. Except as otherwise provided herein or in the Trust Instrument, all matters relating to the giving, voting or validity of proxies shall be governed by the General Corporation Law of the State of Delaware relating to proxies, and judicial interpretations thereunder, as if the Trust were a Delaware corporation and the Unitholders Shareholders were shareholders of a Delaware corporation.

Appears in 1 contract

Samples: Dundeewealth Funds (DundeeWealth Funds)

Voting; Proxies. Subject to the provisions of the Trust Instrument, Unitholders Shareholders entitled to vote may vote either in person or by proxy, provided that either (i) an instrument authorizing such proxy to act is executed by the Unitholder Shareholder in writing and dated not more than eleven thaneleven (11) months before the meeting, unless the instrument specifically provides for a longer period or (ii) an electronic, telephonic, computerized or other alternative to execution of a written instrument authorizing the proxy to act, which authorization is received not more than eleven (11) months before the meeting. Proxies shall be delivered to the Secretary of the Trust or other person responsible for recording the proceedings before being voted. A proxy with respect to Units Xxxxxx held in the name of two or more persons shall be valid if executed by one of them unless at or prior to exercise of such proxy the Trust receives a specific written notice to the contrary from any one of them. If any Unitholder Shareholder is a minor or a person of unsound mind, and subject to guardianship or to the legal control of another person as regards the control or management of such UnitholderShareholder’s unitsshares, such UnitholderShareholder’s units shares may be voted by such guardian or such other person appointed or having control, and such vote may be given in person or by proxy. Unless otherwise specifically limited by their terms, proxies shall entitle the holder thereof to vote at any adjournment of a meeting. A proxy purporting to be exercised by or on behalf of a Unitholder Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger. At all meetings of the UnitholdersShareholders, unless the voting is conducted by inspectors, all questions relating to the qualifications of voters, the validity of proxies, and the acceptance or rejection of votes shall be decided by the Chairman of the meeting. Except as otherwise provided herein or in the Trust Instrument, all matters relating to the giving, voting or validity of proxies shall be governed by the General Corporation Law of the State of Delaware relating to proxies, and judicial interpretations thereunder, as if the Trust were a Delaware Xxxx xxxx corporation and the Unitholders Shareholders were shareholders of a Delaware corporation.

Appears in 1 contract

Samples: First Trust Alternative Opportunities Fund

Voting; Proxies. Subject to the provisions At all meetings of the Trust InstrumentShareholders, Unitholders every Shareholder of record entitled to vote may thereat shall be entitled to vote either in person or by proxy, which term shall include proxies provided that either (i) an instrument authorizing by such proxy to act is executed by the Unitholder in writing and dated not more than eleven months before the meetingShareholder, unless the instrument specifically provides for a longer period or (ii) an his duly authorized attorney, through written, electronic, telephonic, computerized computerized, facsimile, telecommunications, telex or oral communication or by any other alternative form of communication, each pursuant to execution such voting procedures and through such systems as are authorized by the Board of a written instrument authorizing Trustees or any officer of the Trust. Proxies may be solicited in the name of one or more Trustees or one or more officers of the Trust. Unless the proxy to actprovides otherwise, which authorization is received it shall not be valid for more than eleven (11) months before the date of the meeting. Proxies All proxies shall be delivered to the Secretary of the Trust secretary or other person responsible for recording the proceedings before being voted. A valid proxy which does not state that it is irrevocable shall continue in full force and effect unless (i) revoked by the person executing it before the vote pursuant to that proxy is taken (a) by a writing delivered to the Trust stating that the proxy is revoked, (b) by a subsequent proxy executed by such person, (c) attendance at the meeting and voting in person by the person executing that proxy, or (d) revocation by such person using any electronic, telephonic, computerized or other alternative means authorized by the Trustees for authorizing the proxy to act; or (ii) written notice of the death or incapacity of the maker of that proxy is received by the Trust before the vote pursuant to that proxy is counted. Unless revoked, any proxy given in connection with a postponed or adjourned meeting for which a new record date is fixed shall continue to be valid so long as the Shareholder giving such proxy is a Shareholder of record on such new such record date. A proxy with respect to Units Shares held in the name of two or more persons shall be valid if executed by one of them unless at or prior to exercise of such proxy the Trust receives a specific written notice to the contrary from any one of them. If any Unitholder is a minor or a person of unsound mind, them in which case such proxy shall not be valid and subject to guardianship or to the legal control of another person as regards the control or management no vote shall be received in respect of such Unitholder’s units, Shares unless all persons holding such Unitholder’s units may be voted by such guardian or such other person appointed or having control, and such vote may be given in person or by proxyShares shall agree on their manner of voting. Unless otherwise specifically limited by their terms, proxies shall entitle the holder thereof Shareholder to vote at any adjournment of a Shareholders' meeting. A proxy purporting to be exercised by or on behalf of a Unitholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger. At all meetings of the Unitholders, unless the voting is conducted by inspectors, all questions relating to the qualifications of voters, the validity of proxies, and the acceptance or rejection of votes shall be decided by the Chairman of the meeting. Except as otherwise provided herein or in the Trust Instrument, all matters relating to the giving, voting or validity of proxies shall be governed by the General Corporation Law of the State of Delaware relating to proxies, and judicial interpretations thereunder, as if the Trust were a Delaware corporation and the Unitholders were shareholders of a Delaware corporation.

Appears in 1 contract

Samples: Invesco High Income 2024 Target Term Fund

Voting; Proxies. Subject to the provisions of the Trust InstrumentAgreement, Unitholders Shareholders entitled to vote may vote either in person or by proxy, provided that either (i) an instrument authorizing such proxy to act is executed by the Unitholder Shareholder in writing and dated not more than eleven (11) months before the meeting, unless the instrument specifically provides for a longer period or (ii) an electronic, telephonic, computerized or other alternative to execution of a written instrument authorizing the proxy to act, which authorization is received not more than eleven (11) months before the meeting. Proxies shall be delivered to the Secretary of the Trust Fund or other person responsible for recording the proceedings before being voted. A proxy with respect to Units Xxxxxx held in the name of two or more persons shall be valid if executed by one of them unless at or prior to exercise of such proxy the Trust Fund receives a specific written notice to the contrary from any one of them. If any Unitholder Shareholder is a minor or a person of unsound mind, and subject to guardianship or to the legal control of another person as regards the control or management of such UnitholderShareholder’s unitsshares, such UnitholderShareholder’s units shares may be voted by such guardian or such other person appointed or having control, and such vote may be given in person or by proxy. Unless otherwise specifically limited by their terms, proxies shall entitle the holder thereof to vote at any adjournment of a meeting. A proxy purporting to be exercised by or on behalf of a Unitholder Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger. At all meetings of the UnitholdersShareholders, unless the voting is conducted by inspectors, all questions relating to the qualifications of voters, the validity of proxies, and the acceptance or rejection of votes shall be decided by the Chairman Chairperson of the meeting. Except as otherwise provided herein or in the Trust InstrumentAgreement, all matters relating to the giving, voting or validity of proxies shall be governed by the General Corporation Law of the State of Delaware relating to proxies, and judicial interpretations thereunder, as if the Trust Fund were a Delaware corporation and the Unitholders Shareholders were shareholders of a Delaware corporation.

Appears in 1 contract

Samples: Credit Solutions Fund (AMG Pantheon Credit Solutions Fund)

Voting; Proxies. Subject to the provisions of the Trust Instrument, Unitholders Shareholders entitled to vote may vote either in person or by proxy, provided that either (i) an instrument authorizing such proxy to act is executed by the Unitholder Shareholder in writing and dated not more than eleven months before the meeting, unless the instrument specifically provides for a longer period or (ii) the Trustees adopt by resolution an electronic, telephonic, computerized or other alternative to execution of a written instrument authorizing the proxy to act, which authorization is received not more than eleven months before the meeting. Proxies shall be delivered to the Secretary of the Trust or other person responsible for recording the proceedings before being voted. A proxy with respect to Units Xxxxxx held in the name of two or more persons shall be valid if executed by one of them unless at or prior to exercise of such proxy the Trust receives a specific written notice to the contrary from any one of them. If any Unitholder is a minor or a person of unsound mind, and subject to guardianship or to the legal control of another person as regards the control or management of such Unitholder’s units, such Unitholder’s units may be voted by such guardian or such other person appointed or having control, and such vote may be given in person or by proxy. Unless otherwise specifically limited by their terms, proxies shall entitle the holder thereof to vote at any adjournment of a meeting. A proxy purporting to be exercised by or on behalf of a Unitholder Shareholder shall be deemed valid unless challenged at or prior to its exercise and the burden of proving invalidity shall rest on the challenger. At all meetings of the UnitholdersShareholders, unless the voting is conducted by inspectors, all questions relating to the qualifications of voters, the validity of proxies, and the acceptance or rejection of votes shall be decided by the Chairman of the meeting. Except as otherwise provided herein or in the Trust Instrument, all matters relating to the giving, voting or validity of proxies shall be governed by the General Corporation Law of the State of Delaware relating to proxies, and judicial interpretations thereunder, as if the Trust were a Delaware corporation and the Unitholders Shareholders were shareholders of a Delaware corporation.

Appears in 1 contract

Samples: Powers And (Community Reinvestment Act Qualified Investment Fund)

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