Establishment and Designation of Classes Clause Samples

The 'Establishment and Designation of Classes' clause defines how different categories or groups—often of shares, interests, or participants—are created and formally recognized within an organization or agreement. This clause typically outlines the process for setting up new classes, the criteria for their designation, and the rights or privileges associated with each class. For example, it may specify how voting rights, dividend entitlements, or other benefits differ between classes. Its core function is to provide a clear framework for distinguishing between various groups, ensuring transparency and preventing disputes over rights and obligations.
Establishment and Designation of Classes. Unless another time is specified by the Trustees, the establishment and designation of any Class shall be effective upon the adoption by a majority of the Trustees of a resolution setting forth such establishment and designation and the preferences, powers, rights and privileges of the Shares of such Class, whether directly in such resolution or by reference to, or approval of, another document that sets forth such relative rights and preferences of such Class, including, without limitation, any registration statement of the Trust, or as otherwise provided in such resolution. Each such resolution shall be incorporated herein by reference upon adoption. Shares of each Class established pursuant to this Section 6, unless otherwise provided in the resolution establishing such Class, shall have the following relative rights and preferences:
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Establishment and Designation of Classes. The establishment and designation of any Class shall be effective, without the requirement of Shareholder approval, upon the adoption of a resolution by not less than a majority of the then Board of Trustees, which resolution shall set forth such establishment and designation and may provide, to the extent permitted by the DSTA, for rights, powers and duties of such Class (including variations in the relative rights and preferences as between the different Classes) otherwise than as provided herein. Each such resolution shall be incorporated herein by reference upon adoption. Any such resolution may be amended by a further resolution of a majority of the Board of Trustees, and if Shareholder approval would be required to make such an amendment to the language set forth in this Declaration of Trust, such further resolution shall require the same Shareholder approval that would be necessary to make such amendment to the language set forth in this Declaration of Trust. Each such further resolution shall be incorporated herein by reference upon adoption. Each Class of the Trust shall be separate and distinct from any other Class of the Trust. As appropriate, in a manner determined by the Board of Trustees, the liabilities belonging to any such Class shall be held and accounted for separately from the liabilities of the Trust or any other Class and separate and distinct records on the books of the Trust for the Class shall be maintained for this purpose. Shares of each Class established and designated pursuant to this Section 6, unless otherwise provided to the extent permitted by the DSTA, in the resolution establishing and designating such Class, shall have the following rights, powers and duties:
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Establishment and Designation of Classes. As contemplated by Section 3.1, the variations in the relative rights and preferences as between any Classes of Common Shares and any potential Preferred Shares shall be fixed and determined by the Trustees; provided, that all Common Shares or Preferred Shares of the Fund or of any Series shall be identical to all other Common Shares or Preferred Shares of the Fund or of the same Series, as the case may be, except that, to the extent permitted by the 1940 Act, there may be variations between different Classes as to allocation of expenses, rights of redemption, special and relative rights and preferences as to dividends and distributions and on liquidation, conversion rights, and conditions under which the several Classes shall have separate voting rights. Any Class of Preferred Shares shall have such rights and preferences and priorities over the Common Shares as may be established by the terms thereof. The following provisions shall be applicable to any division of Shares of the Fund into one or more Classes or Series: (a) All provisions herein relating to the Shares, or any Class or Series of Shares of the Fund, including Common and Preferred Shares, shall apply equally to each Class of Shares of the Fund or of any Series of the Fund, except as the context requires otherwise. (b) The number of Shares of each Class that may be issued shall be unlimited. The Trustees may classify or reclassify any Shares or any Class of any Shares into one or more other Classes that may be established and designated from time to time. The Fund may purchase and hold Shares as treasury shares, reissue such treasury shares for such consideration and on such terms as the Trustees may determine, or cancel any Shares of any Class acquired by the Fund at the Trustees’ discretion from time to time. (c) Liabilities, expenses, costs, charges and reserves related to the distribution of, and other identified expenses that should properly be allocated to, the Shares of a particular Class or Series within the Class may be charged to and borne solely by such Class or Series, and the bearing of expenses solely by a Class of Shares or Series may be appropriately reflected (in a manner determined by the Trustees) and cause differences in the net asset value attributable to, and the dividend, redemption and liquidation rights of, the Shares of different Classes or Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees in their reasonable judgment shall ...
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Establishment and Designation of Classes of the Sub-Trusts. Without limiting the authority of the Trustees set forth in Section 4.1 of this Agreement to establish and designate any further Sub-Trusts and Classes of Sub-Trusts, and without affecting the rights and preferences of existing Sub-Trusts and Classes, the Trustees hereby establish and designate the following Classes for the Sub-Trusts listed below:
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Establishment and Designation of Classes. Without limiting the authority of the Trustees set forth in Section 4.1 of the Agreement to establish and designate any further Sub-Trusts, and without affecting the rights and preferences of any existing Sub-Trust or class of any existing Sub-Trust, the Trustees hereby establish and designate ( (i) Class R4 and Class R5 Shares of the existing Conservative Strategy Fund, Moderate Strategy Fund, Balanced Strategy Fund, Growth Strategy Fund, Equity Growth Strategy Fund, 2015 Strategy Fund, 2020 Strategy Fund, 2025 Strategy Fund, 2030 Strategy Fund, 2035 Strategy Fund, 2040 Strategy Fund, 2045 Strategy Fund, 2050 Strategy Fund, 2055 Strategy Fund and In Retirement Fund. In furtherance thereof, the Trustees direct that the new Shares of each of the Conservative Strategy Fund, Moderate Strategy Fund, Balanced Strategy Fund, Growth Strategy Fund, Equity Growth Strategy Fund, 2015 Strategy Fund, 2020 Strategy Fund, 2025 Strategy Fund, 2030 Strategy Fund, 2035 Strategy Fund, 2040 Strategy Fund, 2045 Strategy Fund, 2050 Strategy Fund, 2055 Strategy Fund and In Retirement Fund shall have all the relative rights and preferences set forth in Section 4.2 of the Agreement, shall represent an equal proportionate interest in the underlying assets and liabilities of that Sub-Trust, and shall generally have identical voting, dividend, liquidation and other rights, preferences, powers, restrictions, limitations, obligations, qualifications and terms and conditions as all other Shares of such Sub-Trust, except as set forth in the Agreement.
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Establishment and Designation of Classes of the Sub-Trusts. Without limiting the authority of the Trustees set forth in Section 4.1 of this Agreement to establish and designate any further Sub-Trusts and Classes of Sub-Trusts, and without affecting the rights and preferences of existing Sub-Trusts and Classes, the Trustees hereby establish and designate the following Classes for the Sub-Trusts listed below: Sub-Trust Classes 2010 Strategy Fund A, E, R1, R2, R3, S 2015 Strategy ▇▇▇▇ ▇▇, ▇▇, ▇▇ ▇▇▇▇ Strategy Fund A, E, R1, R2, R3, S 2025 Strategy ▇▇▇▇ ▇▇, ▇▇, ▇▇ ▇▇▇▇ Strategy Fund A, E, R1, R2, R3, S 2035 Strategy ▇▇▇▇ ▇▇, ▇▇, ▇▇ ▇▇▇▇ Strategy Fund A, E, R1, R2, R3, S 2045 Strategy ▇▇▇▇ ▇▇, ▇▇, ▇▇ ▇▇▇▇ Strategy Fund R1, R2, R3 In Retirement ▇▇▇▇ ▇▇, ▇▇, ▇▇ ▇▇▇▇ Accelerated Distribution Fund A Shares A 2017 Retirement Distribution Fund A Shares A 2027 Extended Distribution Fund A Shares A 2017 Accelerated Distribution Fund S Shares S 2017 Retirement Distribution Fund S Shares S 2027 Extended Distribution Fund S Shares S Conservative Strategy Fund A, C, E, R1, R2, R3, S Moderate Strategy Fund A, C, E, R1, R2, R3, S Balanced Strategy Fund A, C, E, R1, R2, R3, S Equity Growth Strategy Fund A, C, E, R1, R2, R3, S Growth Strategy Fund A, C, E, R1, R2, R3, S ▇▇▇▇▇▇▇ Tax-Managed Global Equity Fund C, E, S ▇▇▇▇▇▇▇ U.S. Core Equity Fund A, C, E, I, S, Y ▇▇▇▇▇▇▇ U.S. Quantitative Equity Fund A, C, E, I, S, Y ▇▇▇▇▇▇▇ U.S. Growth Fund C, E, I, S ▇▇▇▇▇▇▇ U.S. Value Fund C, E, I, S ▇▇▇▇▇▇▇ U.S. Small & Mid Cap Fund A, C, E, I, S, Y ▇▇▇▇▇▇▇ International Developed Markets Fund A, C, E, I, S, Y ▇▇▇▇▇▇▇ Global Equity Fund A, C, E, S, Y ▇▇▇▇▇▇▇ Emerging Markets Fund A, C, E, S, Y ▇▇▇▇▇▇▇ Tax-Managed U.S. Large Cap Fund C, E, S ▇▇▇▇▇▇▇ Tax-Managed U.S. Mid & Small Cap Fund C, E, S ▇▇▇▇▇▇▇ Strategic Bond Fund A, C, E, I, S, Y ▇▇▇▇▇▇▇ Investment Grade Bond Fund C, E, I, S, Y ▇▇▇▇▇▇▇ ▇▇▇▇▇ Duration Bond Fund A, C, E, S, Y ▇▇▇▇▇▇▇ Tax Exempt Bond Fund C, E, S ▇▇▇▇▇▇▇ Real Estate Securities Fund A, C, E, S, Y ▇▇▇▇▇▇▇ Money Market Fund A, S, Y ▇▇▇▇▇▇▇ Flex Equity Fund A, B, C
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Establishment and Designation of Classes. The establishment and designation of any Class of Shares shall be effective upon the resolution by a majority of the then Trustees, adopting a resolution which sets forth such establishment and designation and the relative rights and preferences of such Class whether directly in such resolution or by reference to another document including, without limitation, any registration statement of the Trust, or as otherwise provided in such resolution. Each such resolution shall be incorporated herein by reference upon adoption. Shares of each Class established pursuant to this Section 7, unless otherwise provided in the resolution establishing such Class, shall have the following relative rights and preferences:
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Related to Establishment and Designation of Classes

  • Establishment and Designation of Series The establishment and designation of any Series or class of Shares shall be effective upon the resolution by a majority of the then Board of Trustees, adopting a resolution which sets forth such establishment and designation and the relative rights and preferences of such Series or class. Each such resolution shall be incorporated herein by reference upon adoption. Each Series shall be separate and distinct from any other Series and shall maintain separate and distinct records on the books of the Trust, and the assets and liabilities belonging to any such Series shall be held and accounted for separately from the assets and liabilities of the Trust or any other Series. Shares of each Series or class established pursuant to this Section 6, unless otherwise provided in the resolution establishing such Series, shall have the following relative rights and preferences: (a) Assets Held with Respect to a Particular Series. All consideration received by the Trust for the issue or sale of Shares of a particular Series, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be, shall irrevocably be held with respect to that Series for all purposes, subject only to the rights of creditors with respect to that Series, and shall be so recorded upon the books of account of the Trust. Such consideration, assets, income, earnings, profits and proceeds thereof, from whatever source derived, including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds, in whatever form the same may be, are herein referred to as "assets held with respect to" that Series. In the event that there are any assets, income, earnings, profits and proceeds thereof, funds or payments which are not readily identifiable as assets held with respect to any particular Series (collectively "General Assets"), the Board of Trustees shall allocate such General Assets to, between or among any one or more of the Series in such manner and on such basis as the Board of Trustees, in its sole discretion, deems fair and equitable, and any General Asset so allocated to a particular Series shall be held with respect to that Series. Each such allocation by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes.

  • Establishment and Designation of Series and Classes The establishment and designation of any Series or Class shall be effective, without the requirement of Shareholder approval, upon the adoption of a resolution by not less than a majority of the then Board of Trustees, which resolution shall set forth such establishment and designation and may provide, to the extent permitted by the DSTA, for rights, powers and duties of such Series or Class (including variations in the relative rights and preferences as between the different Series and Classes) otherwise than as provided herein. Each such resolution shall be incorporated herein by reference upon adoption. Any such resolution may be amended by a further resolution of a majority of the Board of Trustees, and if Shareholder approval would be required to make such an amendment to the language set forth in this Declaration of Trust, such further resolution shall require the same Shareholder approval that would be necessary to make such amendment to the language set forth in this Declaration of Trust. Each such further resolution shall be incorporated herein by reference upon adoption. Each Series shall be separate and distinct from any other Series, separate and distinct records on the books of the Trust shall be maintained for each Series, and the assets and liabilities belonging to any such Series shall be held and accounted for separately from the assets and liabilities of the Trust or any other Series. Each Class of the Trust shall be separate and distinct from any other Class of the Trust. Each Class of a Series shall be separate and distinct from any other Class of the Series. As appropriate, in a manner determined by the Board of Trustees, the liabilities belonging to any such Class shall be held and accounted for separately from the liabilities of the Trust, the Series or any other Class and separate and distinct records on the books of the Trust for the Class shall be maintained for this purpose. Subject to Article II hereof, each such Series shall operate as a separate and distinct investment medium, with separately defined investment objectives and policies. Shares of each Series (and Class where applicable) established and designated pursuant to this Section 6, unless otherwise provided to the extent permitted by the DSTA, in the resolution establishing and designating such Series or Class, shall have the following rights, powers and duties:

  • Establishment and Designation of Shares The Series and classes of Shares existing as of the date of this Declaration of Trust are those Series and classes that have been established under the Prior Declaration of Trust and not heretofore terminated which are indicated on Schedule A attached hereto and made a part hereof ("Schedule A"). The establishment of any additional Series (or class) of Shares shall be effective upon the adoption by the Trustees of a resolution that sets forth the designation of, or otherwise identifies, such Series (or class), whether directly in such resolution or by reference to, or approval of, another document that sets forth the designation of, or otherwise identifies, such Series (or class) including any registration statement of the Trust or such Series (or class), any amendment and/or restatement of this Declaration of Trust and/or Schedule A or as otherwise provided in such resolution. Upon the establishment of any additional Series (or class) of Shares or the termination of any existing Series (or class) of Shares, Schedule A shall be amended to reflect the addition or termination of such Series (or class) and any officer of the Trust is hereby authorized to make such amendment; provided that amendment of Schedule A shall not be a condition precedent to the establishment or termination of any Series (or class) in accordance with this Declaration of Trust. The relative rights and preferences of the Shares of the Trust and each Series and each class thereof shall be as set forth herein and as set forth in any registration statement relating thereto, unless otherwise provided in the resolution establishing such Series or class. Shares of each Series (or class) established pursuant to this Section 6, unless otherwise provided in the resolution establishing such Series (or class) or in any registration statement relating thereto, shall have the following relative rights and preferences:

  • Creation and Designation There is hereby created a Tranche of Class A Notes to be issued pursuant to this Terms Document, the Indenture and the Indenture Supplement to be known as the “DiscoverSeries Class A( - ) Notes.”

  • Establishment of Series and Classes The Trust shall consist of one or more Series and Classes and separate and distinct records shall be maintained by the Trust for each Series and Class. The Trustees shall have full power and authority, in their sole discretion, and without obtaining any prior authorization or vote of the Shareholders of any Series or Class of the Trust, to establish and designate and to change in any manner any initial or additional Series or Classes and to fix such preferences, voting powers, rights and privileges of such Series or Classes as the Trustees may from time to time determine, to divide or combine the Shares or any Series or Classes into a greater or lesser number, to classify or reclassify any issued Shares or any Series or Classes into one or more Series or Classes of Shares, and to take such other action with respect to the Shares as the Trustees may deem desirable. Unless another time is specified by the Trustees, the establishment and designation of any Series or Class shall be effective upon the adoption of a resolution by the Trustees setting forth such establishment and designation and the preferences, powers, rights and privileges of the Shares of such Series or Class, whether directly in such resolution or by reference to, or approval of, another document that sets forth such relative rights and preferences of such Series (or Class) including, without limitation, any registration statement of the Trust, or as otherwise provided in such resolution. The Trust may issue any number of Shares of each Series or Class and need not issue certificates for any Shares. All references to Shares in this Trust Instrument shall be deemed to be Shares of any or all Series or Classes as the context may require. All provisions herein relating to the Trust shall apply equally to each Series and Class of the Trust except as the context otherwise requires. All Shares of each Class of a particular Series shall represent an equal proportionate interest in the assets belonging to that Series (subject to the liabilities belonging to the Series, and, in the case of each Class, to the liabilities belonging to that Class), and each Share of any Class of a particular Series shall be equal to each other Share of that Class; but the provisions of this sentence shall not restrict any distinctions permissible under this Section 2.6.