Establishment of Record Dates. (a) The Trustees may close the Share transfer books of the Trust for a period not exceeding one hundred eighty (180) days preceding the date of any meeting of Shareholders, or the date for the payment of any dividend or other distribution, or the date for the allotment of rights, or the date when any change or conversion or exchange of Shares shall go into effect; or in lieu of closing the stock transfer books as aforesaid, the Trustees may fix in advance a date, not exceeding one hundred eighty (180) days preceding the date of any meeting of Shareholders, or the date for the payment of any dividend or other distribution, or the date for the allotment of rights, or the date when any change or conversion or exchange of Shares shall go into effect, as a record date for determining Shareholders entitled to notice of, and to vote at, any such meeting, or entitled to receive payment of any such dividend or other distribution, or to any such allotment of rights, or to exercise the rights in respect of any such change, conversion or exchange of Shares, and in such case such Shareholders and only such Shareholders as shall be Shareholders of record on the date so fixed shall be entitled to such notice of, and to vote at, such meeting, or to receive payment of such dividend or other distribution, or to receive such allotment of rights, or to exercise such rights, as the case may be, notwithstanding any transfer of any Shares on the books of the Trust after any such record date fixed as aforesaid. (b) If the Trustees do not so fix a record date: (i) The record date for determining Shareholders entitled to notice of, and to vote at, a meeting of Shareholders shall be at the close of business on the business day next preceding the day on which notice is given or, if notice is waived, at the close of business on the business day that is five (5) business days next preceding to the day on which the meeting is held. (ii) The record date for determining Shareholders entitled to give consent to action in writing without a meeting, (A) when no prior action by the Trustees has been taken, shall be the day on which the first written consent is given, or (B) when prior action of the Trustees has been taken, shall be at the close of business on the day on which the Trustees adopt the resolution taking such prior action or the seventy-fifth (75th) day before the date of such other action, whichever is later. Nothing in this Section 11.3 shall be construed as precluding the Trustees from setting different record dates for different Series or Classes.
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Sources: Agreement and Declaration of Trust (Optimum Fund Trust), Trust Agreement (Bob Trust), Agreement and Declaration of Trust (Optimum Fund Trust)
Establishment of Record Dates. (a) The Trustees may close the Share transfer books of the Trust for a period not exceeding one hundred eighty (180) days preceding the date of any meeting of Shareholders, or the date for the payment of any dividend or other distribution, or the date for the allotment of rights, or the date when any change or conversion or exchange of Shares shall go into effect; or in lieu of closing the stock transfer books as aforesaid, the Trustees may fix in advance a date, not exceeding one hundred eighty (180) days preceding the date of any meeting of Shareholders, or the date for the payment of any dividend or other distribution, or the date for the allotment of rights, or the date when any change or conversion or exchange of Shares shall go into effect, as a record date for determining Shareholders entitled to notice of, and to vote at, any such meeting, or entitled to receive payment of any such dividend or other distribution, or to any such allotment of rights, or to exercise the rights in respect of any such change, conversion or exchange of Shares, and in such case such Shareholders and only such Shareholders as shall be Shareholders of record on the date so fixed shall be entitled to such notice of, and to vote at, such meeting, or to receive payment of such dividend or other distribution, or to receive such allotment of rights, or to exercise such rights, as the case may be, notwithstanding any transfer of any Shares on the books of the Trust after any such record date fixed as aforesaid.
(b) If the Trustees do not so fix a record date:
(i) The record date for determining Shareholders entitled to notice of, and to vote at, a meeting of Shareholders shall be at the close of business on the business day next preceding the day on which notice is given or, if notice is waived, at the close of business on the business day that is five (5) business days next preceding to the day on which the meeting is held.
(ii) The record date for determining Shareholders entitled to give consent to action in writing without a meeting, (A) when no prior action by the Trustees has been taken, shall be the day on which the first written consent is given, or (B) when prior action of the Trustees has been taken, shall be at the close of business on the day on which the Trustees adopt the resolution taking such prior action or the seventy-seventy fifth (75th) day before the date of such other action, whichever is later. Nothing in this Section 11.3 shall be construed as precluding the Trustees from setting different record dates for different Series or Classes.
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Sources: Agreement and Declaration of Trust (Optimum Fund Trust)
Establishment of Record Dates. (a) The Trustees may close the Share transfer books of In order that the Trust for a period not exceeding one hundred eighty (180) days preceding may determine the date Shareholders entitled to notice of or to vote at any meeting of Shareholders, or the date for the payment of any dividend or other distribution, or the date for the allotment of rights, or the date when any change or conversion or exchange of Shares shall go into effect; or to express consent to corporate action in lieu of closing the stock transfer books as aforesaid, the Trustees may fix in advance writing without a date, not exceeding one hundred eighty (180) days preceding the date of any meeting of Shareholders, or the date for the payment of any dividend or other distribution, or the date for the allotment of rights, or the date when any change or conversion or exchange of Shares shall go into effect, as a record date for determining Shareholders entitled to notice of, and to vote at, any such meeting, or entitled to receive payment of any such dividend or other distribution, or to any such allotment of rights, or to exercise the rights in respect of any such change, conversion or exchange of Shares, and in such case such Shareholders and only such Shareholders as shall be Shareholders of record on the date so fixed shall be entitled to such notice of, and to vote at, such meeting, or to receive payment of such any dividend or other distribution, distribution or to receive such allotment of any rights, or to exercise such rightsany rights in respect of any change, as conversion, or exchange of stock, or for the purpose of any other lawful action, the Trustees may set, in advance, a Record Date that shall not be before the close of business on the day the Record Date is fixed and shall not be more than 120 days and, in the case of a meeting of Shareholders, not less than 10 days before the date on which the meeting or a particular action requiring such determination of Shareholders is to be taken. In lieu of setting a Record Date, the Trustees may beprovide that the stock transfer books shall be closed for a stated period, notwithstanding but not to exceed, in any case, twenty days. If the stock transfer books are closed for the purpose of any Shares on determining Shareholders entitled to notice of or to vote at a meeting of Shareholders, the books shall be closed for at least ten days immediately before the meeting. If no Record Date is fixed and the stock transfer books are not closed for the determination of the Trust after any such record date fixed as aforesaid.
(b) If the Trustees do not so fix a record dateShareholders:
(i1) The record date the Record Date for determining the determination of Shareholders entitled to notice of, and or to vote at, at a meeting of Shareholders shall be at the close of business on the business day next preceding of the day on which notice is given or, if notice is waived, at the close of business on the business day that is five (5) business days next preceding to the day on which the meeting is held.mailed or the thirtieth day before the meeting, whichever is the closer date to the meeting; and
(ii2) The record date the Record Date for determining the determination of Shareholders entitled to give consent to action in writing without receive payment of a meeting, (A) when no prior action by the Trustees has been taken, shall be the day on which the first written consent is given, dividend or (B) when prior action allotments of the Trustees has been taken, any rights shall be at the close of business on the day on which the Trustees adopt resolution of the resolution taking such prior action Trustees, declaring the dividend or allotment of rights is adopted, provided that the seventy-fifth (75th) day before payment or allotment date shall not be more than sixty days after the date of the adoption of such other action, whichever is laterresolution. Nothing When a determination of Shareholders entitled to vote at any meeting of Shareholders has been made as provided in this Section 11.3 section, the determination shall apply to any adjournment of the meeting, except when (i) the determination has been made through the closing of the transfer books and the stated period of the closing has expired or (ii) the meeting is adjourned to a date more than 120 days after the record date fixed for the original meeting, in either of which case a new record date shall be construed as precluding the Trustees from setting different record dates for different Series or Classesdetermined under this Section.
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