Quorum and Required Vote. (a) The Trustees shall set forth in the By-Laws the quorum required for the transaction of business by the Shareholders at a meeting, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 1/3%) of the outstanding Shares entitled to vote at such meeting. If a quorum is present when a duly called and held meeting is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum. (b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the holders of any Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast on the matter shall decide the matter insofar as the Series (or Class) is concerned.
Appears in 15 contracts
Sources: Agreement and Declaration of Trust (FIS Trust), Trust Agreement (Meet Kevin Trust), Trust Agreement (Mason Capital Fund Trust)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirtytwenty-three and one-third five percent (33 1/325%) of the Shares issued and outstanding Shares entitled shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions. When any one or more Series (or Classes) is to vote at as a single Series (or Class) separate from any other Shares, twenty-five percent (25%) of the Shares of each such meeting. If Series (or Class) issued and outstanding shall constitute a quorum is present at a Shareholders’ meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 15 contracts
Sources: Declaration of Trust (Allianz Variable Insurance Products Fund of Funds Trust), Agreement and Declaration of Trust (Allianz Variable Insurance Products Trust), Agreement and Declaration of Trust (Asset Allocation Trust - DE)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of (i) thirty-three and one-third percent (33 1/3%) of the outstanding Shares entitled to vote at such meeting. If shall constitute a quorum at a Shareholders' meeting and (ii) when any one or more Series (or Classes) is present to vote as a single class separate from any other Shares, thirty-three and one-third percent (33 1/3%) of the Shares of each such Series (or Class) entitled to vote shall constitute a quorum at a Shareholders' meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a one or more Series (or the holders of any Class Classes) shall vote as a Class)separately, then a majority vote of the Shares of that such Series (or ClassClasses) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the with respect to such Series (or Class) is concernedClasses).
Appears in 9 contracts
Sources: Trust Agreement (Phoenix Series Fund), Trust Agreement (Phoenix Goodwin Multi Sector Short Term Bond Fund), Trust Agreement (Phoenix Investment Trust 97)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of (i) thirty-three and one-third percent (33 1/3%33_%) of the outstanding Shares entitled to vote at such meeting. If shall constitute a quorum at a Shareholders' meeting and (ii) when any one or more Series (or Classes) is present to vote as a single class separate from any other Shares, thirty-three and one-third percent (33_%) of the Shares of each such Series (or Class) entitled to vote shall constitute a quorum at a Shareholders' meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a one or more Series (or the holders of any Class Classes) shall vote as a Class)separately, then a majority vote of the Shares of that such Series (or ClassClasses) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the with respect to such Series (or Class) is concernedClasses).
Appears in 8 contracts
Sources: Trust Agreement (Phoenix Oakhurst Strategic Allocation Fund Inc), Trust Agreement (Phoenix Engemann Funds), Agreement and Declaration of Trust (Phoenix Strategic Equity Series Fund)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 33-1/3%) of the outstanding Shares entitled to vote shall constitute a quorum at such a Shareholders’ meeting. If When any one or more Series (or Class) is to vote as a single Series (or Class) separate from any other Shares, thirty-three and one-third percent (33-1/3%) of the Shares of each such Series (or Class) entitled to vote shall constitute a quorum is present at a Shareholders’ meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 6 contracts
Sources: Agreement and Declaration of Trust, Trust Agreement (Symmetry Panoramic Trust), Agreement and Declaration of Trust (1290 Funds)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law or the requirements of any securities exchange on which Shares are listed for trading, by the By-Laws the quorum required for the transaction of business or by the Shareholders at a meetingthis Trust Instrument, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 33-1/3%) of the outstanding Shares entitled to vote shall constitute a quorum at such a Shareholders’ meeting. If When any one or more Series (or Classes) is to vote separately from any other Shares, thirty-three and one-third percent (33-1/3%) of the Shares of each such Series (or Class) entitled to vote shall constitute a quorum at a Shareholders’ meeting of that Series (or Class) except when a larger vote is required by any provision of this Trust Instrument or the By-Laws or by applicable law or the requirements of any securities exchange on which Shares are listed for trading. When a quorum is present when at any meeting, a duly called and held meeting is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote majority of the holders of Shares representing voted shall decide any questions and a majority, except in the case plurality of the election of TrusteesShares voted shall elect a Trustee, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where provided that where any provision of law or of this Declaration of Trust or the By-Laws Instrument requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 6 contracts
Sources: Trust Agreement (Beacon Pointe Multi-Alternative Fund), Agreement and Declaration of Trust (Total Fund Solution), Agreement and Declaration of Trust (Cantor Fitzgerald Sustainable Infrastructure Fund)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-third forty percent (33 1/340%) of the outstanding Shares entitled to vote shall constitute a quorum at such a Shareholders' meeting. If When any one or more Series (or Classes) is to vote as a single Class separate from any other Shares, forty percent (40%) of the Shares of each such Series (or Classes) entitled to vote shall constitute a quorum is present at a Shareholders' meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 6 contracts
Sources: Trust Agreement (Prudential 20/20 Fund), Trust Agreement (Strategic Partners Series), Trust Agreement (Prudential Real Estate Fund)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of (i) thirty-three and one-third percent (33 33-1/3%) of the outstanding Shares entitled to vote at such meeting. If shall constitute a quorum at a Shareholders meeting and (ii) when any one or more Series (or Classes) is present to vote as a single class separate from any other Shares, thirty-three and one-third percent (33-1/3%) of the Shares of each such Series (or Class) entitled to vote shall constitute a quorum at a Shareholders meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voting on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 5 contracts
Sources: Agreement and Declaration of Trust (First Eagle Variable Funds), Agreement and Declaration of Trust (First Eagle Funds), Trust Agreement (First Eagle Overseas Variable Fund)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of (i) thirty-three and one-third percent (33 1/3%) of the outstanding Shares entitled to vote at such meeting. If shall constitute a quorum at a Shareholders’ meeting and (ii) when any one or more Series (or Classes) is present to vote as a single class separate from any other Shares, thirty-three and one-third percent (33 1/3%) of the Shares of each such Series (or Class) entitled to vote shall constitute a quorum at a Shareholders’ meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a one or more Series (or the holders of any Class Classes) shall vote as a Class)separately, then a majority vote of the Shares of that such Series (or ClassClasses) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the with respect to such Series (or Class) is concernedClasses).
Appears in 5 contracts
Sources: Agreement and Declaration of Trust (Virtus Managed Account Completion Shares (MACS) Trust), Trust Agreement (Virtus Solutions SMA Trust), Agreement and Declaration of Trust (Virtus Alternative Solutions Trust)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by federal law, including the 1940 Act, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 1/3%) of the outstanding Shares entitled to vote at such meeting. If a quorum is present when a duly called and held meeting is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case entitled to cast one-third of the election of Trusteesvotes, which present in person or by proxy, shall only require constitute a plurality, of votes cast quorum at a Shareholders' meeting. When any one or more Series (or Class) is to vote as a single class separate from any other Shares, the holders of Shares of each such Series (or Class) entitled to cast one-third of the votes, present in person or by proxy, shall constitute a quorum at a Shareholders' meeting of Shareholders at which that Series (or Class). Except when a quorum larger vote is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by federal law, including the 1940 Act, when a quorum is present at any meeting, a plurality of the Shares voted shall elect a Trustee and a majority of the Shares voted shall decide any other matters, provided that where any provision of law federal law, including the 1940 Act, or of this Declaration of Trust requires or the By-Laws requires that permits the holders of any Series shall to vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 5 contracts
Sources: Trust Agreement (Merrill Lynch Global Equity Fund), Trust Agreement (Master Real Investment Trust), Trust Agreement (Master Inflation Protected Trust)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-a third percent (33 1/3%) of the Shares issued and outstanding Shares entitled shall constitute a quorum at a Shareholders' meeting but any lesser number shall be sufficient for adjourned sessions. When any one or more Series (or Classes) is to vote at as a single Series (or Class) separate from any other Shares, thirty-three and a third percent (33 1/3%) of the Shares of each such meeting. If Series (or Class) issued and outstanding shall constitute a quorum is present at a Shareholders' meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 5 contracts
Sources: Agreement and Declaration of Trust (Evergreen International Balanced Income Fund), Agreement and Declaration of Trust (Evergreen Income Opportunity Fund), Agreement and Declaration of Trust (Evergreen International Balanced Income Fund)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 33-1/3%) of the outstanding Shares entitled to vote shall constitute a quorum at such a Shareholders' meeting. If When any one or more Series (or Class) is to vote as a single Series (or Class) separate from any other Shares, thirty-three and one-third percent (33-1/3%) of the Shares of each such Series (or Class) entitled to vote shall constitute a quorum is present at a Shareholders' meting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 5 contracts
Sources: Trust Agreement (Axa Premier Funds Trust), Trust Agreement (Equitable Trust/Ny/), Trust Agreement (Equitable Premier Funds Trust)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-a third percent (33 1/3%) of the Shares issued and outstanding Shares entitled shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions. When any one or more Series (or Classes) is to vote at as a single Series (or Class) separate from any other Shares, thirty-three and a third percent (33 1/3%) of the Shares of each such meeting. If Series (or Class) issued and outstanding shall constitute a quorum is present at a Shareholders’ meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 4 contracts
Sources: Second Amended and Restated Agreement and Declaration of Trust (Evergreen Global Dividend Opportunity Fund), Trust Agreement (Evergreen Global Dividend Opportunity Fund), Agreement and Declaration of Trust (Evergreen Global Dividend Opportunity Fund)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-one third percent (33 1/3%) of the Shares issued and outstanding Shares entitled shall constitute a quorum at a Shareholders’ meeting but any lesser number shall be sufficient for adjourned sessions. When any one or more Series (or Classes) is to vote at as a single Series (or Class) separate from any other Shares, one third (33 1/3%) of the Shares of each such meeting. If Series (or Class) issued and outstanding shall constitute a quorum is present at a Shareholders’ meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 3 contracts
Sources: Agreement and Declaration of Trust (Met Investors Series Trust), Agreement and Declaration of Trust (Metropolitan Series Fund), Trust Agreement (Metropolitan Series Fund Inc)
Quorum and Required Vote. (a) The Trustees Thirty percent of Shares entitled to vote on a particular matter shall set forth in the By-Laws the be a quorum required for the transaction of business by the Shareholders on that matter at a Shareholders’ meeting, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 1/3%) of the outstanding Shares entitled to vote at such meeting. If a quorum is present when a duly called and held meeting is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where that where any provision of law or of this Declaration of Trust or the By-Laws Bylaws requires that holders of any series or class shall vote as an individual series or class, then thirty percent of the aggregate number of Shares of that series or class entitled to vote shall be necessary to constitute a quorum for the transaction of business by that series or class; provided that the Trustees may in their discretion specify a greater percentage to constitute a quorum as to any matter. Any lesser number shall be sufficient for adjournments. Any adjourned session or sessions may be held, within a reasonable time after the date set for the original meeting, without the necessity of further notice. Except when a larger vote is required by any provision of law or of this Declaration of Trust or the Bylaws, a majority of the Shares voted shall decide any questions and a plurality shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the Bylaws requires that the holders of any Series series or class shall vote as a Series (an individual series or the holders of any Class shall vote as a Class), class then a majority vote of the Shares of that Series (series or Class) cast class voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the Series (that series or Class) class is concerned.
Appears in 3 contracts
Sources: Agreement and Declaration of Trust (JOHCM Funds Trust), Agreement and Declaration of Trust (JOHCM Funds Trust), Trust Agreement (JOHCM Funds Trust)
Quorum and Required Vote. (a) The Trustees shall set forth in the By-Laws the Except when a larger quorum is required for the transaction by any provision of business this Agreement or by the Shareholders at a meetingapplicable law, which quorum shall in no event be less than the holders of thirty-three-point-three-three and one-third percent (33 1/333.33%) of the outstanding Shares entitled to vote shall constitute a quorum at such a Members’ meeting. If When any one or more series (or Classes) is to vote separately from any other Shares, thirty-three-point-three-three percent (33.33%) of the Shares of each such series (or Class) entitled to vote shall constitute a quorum is present at a Members’ meeting of that series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration Agreement, when a quorum is present at any meeting, a majority of Trust or the By-Laws. Where Shares shall decide any questions and a plurality of the Shares voted shall elect a Director, provided that where any provision of law or of this Declaration of Trust or the By-Laws Agreement requires that the holders of any Series series shall vote as a Series series (or the that holders of any a Class shall vote as a Class), then then, a majority vote of the Shares of that Series series (or Class) cast voted on the matter (or a plurality with respect to the election of a Director) shall decide the that matter insofar as the Series that series (or Class) is concerned.
Appears in 3 contracts
Sources: Limited Liability Company Agreement (Fundrise Growth Tech Fund, LLC), Limited Liability Company Agreement (Fundrise Income Real Estate Fund, LLC), Limited Liability Company Agreement (Fundrise Income Real Estate Fund, LLC)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction of business or by the Shareholders at this Declaration, a meeting, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 1/3%) majority of the outstanding Shares entitled to vote shall constitute a quorum at such a Shareholders’ meeting. If When any one or more Series (or Classes) is to vote as a single Class separate from any other Shares, a majority of the Shares of each such Series (or Class) entitled to vote shall constitute a quorum is present at a Shareholders’ meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 3 contracts
Sources: Amended and Restated Agreement and Declaration of Trust (DCA Total Return Fund), Agreement and Declaration of Trust (Dividend Capital Strategic Global Realty Fund), Agreement and Declaration of Trust (Dividend Capital Enhanced Income Fund)
Quorum and Required Vote. (a) The Trustees shall set forth in the By-Laws the Except when a larger quorum is required for the transaction by any provision of business this Agreement or by the Shareholders at a meetingapplicable law, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 33-1/3%) of the outstanding Shares entitled to vote shall constitute a quorum at such a Members’ meeting. If When any one or more series (or Classes) is to vote separately from any other Shares, thirty-three and one-third percent (33-1/3%) of the Shares of each such series (or Class) entitled to vote shall constitute a quorum at a Members’ meeting of that series (or Class). Except when a larger vote is required by any provision of this Agreement or by applicable law, when a quorum is present when at any meeting, a duly called and held meeting is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote majority of the holders of Shares representing shall decide any questions and a majority, except in the case plurality of the election of TrusteesShares voted shall elect a Director, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where provided that where any provision of law or of this Declaration of Trust or the By-Laws Agreement requires that the holders of any Series series shall vote as a Series series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series series (or Class) cast voted on the matter (or a plurality with respect to the election of a Director) shall decide the that matter insofar as the Series that series (or Class) is concerned.
Appears in 3 contracts
Sources: Limited Liability Company Agreement (Fundrise Real Estate Interval Fund II, LLC), Limited Liability Company Agreement (Fundrise Real Estate Interval Fund II, LLC), Limited Liability Company Operating Agreement (Fundrise Real Estate Interval Fund, LLC)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-one third percent (33 1/3%) of the Shares issued and outstanding Shares entitled shall constitute a quorum at a Shareholders' meeting but any lesser number shall be sufficient for adjourned sessions. When any one or more Series (or Classes) is to vote at as a single Series (or Class) separate from any other Shares, one third (33 1/3%) of the Shares of each such meeting. If Series (or Class) issued and outstanding shall constitute a quorum is present at a Shareholders' meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 3 contracts
Sources: Declaration of Trust (Met Investors Series Trust), Agreement and Declaration of Trust (Whatifi Funds), Agreement and Declaration of Trust (Whatifi Funds)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 33-1/3%) of the outstanding Shares entitled to vote shall constitute a quorum at such a Shareholders' meeting. If When any one or more Series (or Classes) is to vote as a single Class separate from any other Shares, thirty-three and one-third percent (33-1/3%) of the Shares of each such Series (or Class) entitled to vote shall constitute a quorum is present at a Shareholders' meting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 2 contracts
Sources: Agreement and Declaration of Trust (Blue Ridge Funds Trust), Agreement and Declaration of Trust (Portland Mutual Funds)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 33-1/3%) of the outstanding Shares entitled to vote shall constitute a quorum at such a Shareholders' meeting. If When any one or more Series (or Classes) is to vote as a single Class separate from any other Shares, thirty-three and one-third percent (33-1/3%) of the Shares of each such Series (or Classes) entitled to vote shall constitute a quorum is present at a Shareholders' meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 2 contracts
Sources: Agreement and Declaration of Trust (Target Portfolio Trust), Agreement and Declaration of Trust (Target Portfolio Trust)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by federal law, including the 1940 Act, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 1/3%) of the outstanding Shares entitled to vote at such meeting. If a quorum is present when a duly called and held meeting is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case entitled to cast one-third of the election of Trusteesvotes, which present in person or by proxy, shall only require constitute a plurality, of votes cast quorum at a Shareholders’ meeting. When any one or more Series (or Class) is to vote as a single class separate from any other Shares, the holders of Shares of each such Series (or Class) entitled to cast one-third of the votes, present in person or by proxy, shall constitute a quorum at a Shareholders’ meeting of Shareholders at which that Series (or Class). Except when a quorum larger vote is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by federal law, including the 1940 Act, when a quorum is present at any meeting, a plurality of the Shares voted shall elect a Trustee and a majority of the Shares voted shall decide any other matters, provided that where any provision of law federal law, including the 1940 Act, or of this Declaration of Trust requires or the By-Laws requires that permits the holders of any Series shall to vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 2 contracts
Sources: Agreement and Declaration of Trust (BlackRock Long-Horizon Equity Fund), Agreement and Declaration of Trust (BlackRock Long-Horizon Equity Fund)
Quorum and Required Vote. (a) The Trustees Thirty percent of Shares entitled to vote on a particular matter shall set forth in the By-Laws the be a quorum required for the transaction of business by the Shareholders on that matter at a Shareholders’ meeting, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 1/3%) of the outstanding Shares entitled to vote at such meeting. If a quorum is present when a duly called and held meeting is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where that where any provision of law or of this Declaration of Trust or the By-Laws Bylaws requires that holders of any series or class shall vote as an individual series or class, then thirty percent of the aggregate number of Shares of that series or class entitled to vote shall be necessary to constitute a quorum for the transaction of business by that series or class; provided that the Trustees may in their discretion specify a greater percentage to constitute a quorum as to any matter. Any lesser number shall be sufficient for adjournments. Any adjourned session or sessions may be held, within a reasonable time after the date set for the original meeting, without the necessity of further notice. Except when a larger vote is required by any provision of law or of this Declaration of Trust or the Bylaws, a majority of the Shares voted shall decide any questions and a plurality shall elect a Trustee, provided that where the holders of any Series shall series or class vote as a Series (an individual series or the holders of any Class shall vote as a Class)class, then a majority vote of the Shares of that Series (series or Class) cast class voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the Series (that series or Class) class is concerned.
Appears in 2 contracts
Sources: Declaration of Trust (State Street Master Funds), Agreement and Declaration of Trust (State Street Institutional Investment Trust)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirtysixty-three six and onetwo-third percent (33 1/366-2/3%) of the outstanding Shares entitled to vote shall constitute a quorum at such a Shareholders' meeting. If When any one or more Series (or Class) is to vote as a single Series (or Class) separate from any other Shares, sixty-six and two- third percent (66-2/3%) of the Shares of each such Series (or Class) entitled to vote shall constitute a quorum is present at a Shareholders' meting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 2 contracts
Sources: Trust Agreement (Pennsylvania Avenue Funds), Trust Agreement (Pennsylvania Avenue Funds)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of (i) thirty-three and one-third percent (33 1/3%) of the outstanding Shares entitled to vote at such meeting. If shall constitute a quorum at a Shareholders meeting and (ii) when any one or more Series or Class is present to vote as a single class separate from any other Shares, thirty-three and one-third percent (33 1/3%) of the Shares of each Series or Class entitled to vote shall constitute a quorum at a Shareholders meeting of the Series or Class. Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast Class voting on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) Class is concerned.
Appears in 2 contracts
Sources: Agreement and Declaration of Trust (Transamerica Idex Mutual Funds), Declaration of Trust (Aegon/Transamerica Series Trust)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 33-1/3%) of the outstanding Shares entitled to vote shall constitute a quorum at such a Shareholders’ meeting. If When any one or more Series (or Classes) is to vote as a single Class separate from any other Shares, thirty-three and one-third percent (33-1/3%) of the Shares of each such Series (or Class) entitled to vote shall constitute a quorum is present at a Shareholders’ meeting of that Series (or Class), Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Column A - General Trust Information
Appears in 1 contract
Sources: Trust Agreement (Eq Advisors Trust)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of (i) thirty-three and one-third percent (33 1/31/3 %) of the outstanding Shares entitled to vote at such meeting. If shall constitute a quorum at a Shareholders’ meeting and (ii) when anyone or more Series (or Classes) is present to vote as a single class separate from any other Shares, thirty-three and one-third percent (33 1/3 %) of the Shares of each such Series (or Class) entitled to vote shall constitute a quorum at a Shareholders’ meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a one or more Series (or the holders of any Class Classes) shall vote as a Class)separately, then a majority vote of the Shares of that such Series (or ClassClasses) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the with respect to such Series (or Class) is concernedClasses).
Appears in 1 contract
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 33-1/3%) of the outstanding Shares entitled to vote shall constitute a quorum at such a Shareholders’ meeting. If When any one or more Series (or Classes) is to vote separately from any other Shares, thirty-three and one- third percent (33-1/3%) of the Shares of each such Series (or Class) entitled to vote shall constitute a quorum is present at a Shareholders’ meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 1 contract
Sources: Agreement and Declaration of Trust (Wedbush Series Trust)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirtytwenty-three and one-third five percent (33 1/325%) of the Shares issued and outstanding Shares entitled shall constitute a quorum at a Shareholders' meeting but any lesser number shall be sufficient for adjourned sessions. When anyone or more Series (or Classes) is to vote at as a single Series (or Class) separate from any other Shares, twenty-five percent (25%) of the Shares of each such meeting. If Series (or Class) issued and outstanding shall constitute a quorum is present at a Shareholders' meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 1 contract
Sources: Trust Agreement (Allianz Variable Insurance Products Trust)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 33-1/3%) of the outstanding Shares entitled to vote shall constitute a quorum at such a Shareholders' meeting. If When any one or more Series (or Classes) is to vote as a single Class separate from any other Shares, thirty-three and one-third percent (33-1/3%) of the Shares of each such Series (or Classes) entitled to vote shall constitute a quorum is present at a Shareholders' meting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 1 contract
Sources: Agreement and Declaration of Trust (Jp Morgan Series Trust Ii)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 1/3%) of the outstanding Shares entitled to vote at such meeting. If a quorum is present when a duly called and held meeting is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case entitled to cast one-third of the election of Trusteesvotes, which present in person or by proxy, shall only require constitute a plurality, of votes cast quorum at a Shareholders' meeting. When any one or more Series (or Class) is to vote as a single class separate from any other Shares, the holders of Shares of each such Series (or Class) entitled to cast one-third of the votes, present in person or by proxy, shall constitute a quorum at a Shareholders' meeting of Shareholders at which that Series (or Class). Except when a quorum larger vote is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 1 contract
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of (i) thirty-three and one-third percent (33 1/3%) of the outstanding Shares eligible votes shall constitute a quorum at a Shareholders’ meeting and (ii) when any one or more Series (or Classes) is to vote as a single class separate from any other Shares, thirty-three and one-third percent (33 1/3%) of the eligible votes of each such Series (or Class) entitled to vote at such meeting. If shall constitute a quorum is present at a Shareholders’ meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the eligible votes voted shall decide any questions and a plurality of the eligible votes voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a one or more Series (or the holders of any Class Classes) shall vote as a Class)separately, then a majority vote of the Shares eligible votes of that such Series (or ClassClasses) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the with respect to such Series (or Class) is concernedClasses).
Appears in 1 contract
Sources: Agreement and Declaration of Trust (Virtus Asset Trust)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 33-1/3%) of the outstanding Shares entitled to vote shall constitute a quorum at such a Shareholders’ meeting. If When any one or more Series (or Classes) is to vote as a single Class separate from any other Shares, thirty-three and one-third percent (33-1/3%) of the Shares of each such Series (or Class) entitled to vote shall constitute a quorum is present at a Shareholders’ meeting of that Series (or Class), Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 1 contract
Sources: Agreement and Declaration of Trust (Eq Advisors Trust)
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of (i) thirty-three and one-third percent (33 1/3%33_%) of the outstanding Shares entitled to vote at such meeting. If shall constitute a quorum at a Shareholders' meeting and (ii) when any one or more Series (or Classes) is present to vote as a single class separate from any other Shares, thirty-three and one-third percent (33_%) of the Shares of each such Series (or Class) entitled to vote shall constitute a quorum at a Shareholders' meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series one or more (or Classes) shall vote as a Series (or the holders of any Class shall vote as a Class)separately, then a majority vote of the Shares of that such Series (or ClassClasses) cast voted on the matter (or a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the with respect to such Series (or Class) is concernedClasses).
Appears in 1 contract
Sources: Agreement and Declaration of Trust (Phoenix Seneca Funds)
Quorum and Required Vote. Thirty-three and one-third percent (a33-1/3%) The Trustees of the shares entitled to vote shall set forth in the By-Laws the be a quorum required for the transaction of business by the Shareholders at a meetingmeeting of shareholders, which quorum shall in no event be less than except that where any provision of law or of the Declaration of Trust or these By-Laws permits or requires that holders of any series or class shall vote as a series or class, then thirty-three and one-third percent (33 33-1/3%) of the outstanding Shares shares of that series or class entitled to vote at such meeting. If shall be necessary to constitute a quorum is present for the transaction of business by that series or class. Any lesser number, however, shall be sufficient for adjournments. Any adjourned session or sessions may be held within a reasonable time after the date set for the original meeting without the necessity of further notice. Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where any provision of law or of this the Declaration of Trust or these By-Laws, a majority of the shares voted on any matter shall decide such matter and a plurality shall elect a Trustee, provided that where any provision of law or of the Declaration of Trust or these By-Laws permits or requires that the holders of any Series series or class shall vote as a Series (series or the holders of any Class shall vote as a Class)class, then a majority vote of the Shares shares of that Series (series or Class) cast class voted on the matter shall decide the that matter insofar as the Series (that series or Class) class is concerned.
Appears in 1 contract
Quorum and Required Vote. (a) The Trustees shall set forth in Except when a larger quorum is required by applicable law, by the By-Laws the quorum required for the transaction or by this Declaration of business by the Shareholders at a meetingTrust, which quorum shall in no event be less than the holders of thirtytwenty-three and one-third five percent (33 1/325%) of the Shares issued and outstanding Shares entitled shall constitute a quorum at a Shareholders' meeting but any lesser number shall be sufficient for adjourned sessions. When anyone or more Series (or Classes) is to vote at as a single Series (or Class) separate from any other Shares, twenty-five percent (25%) of the Shares of each such meeting. If Series (or Class) issued and outstanding shall constitute a quorum is present at a Shareholders' meeting of that Series (or Class). Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where Laws or by applicable law, when a quorum is present at any meeting, a majority of the Shares voted shall decide any questions and a plurality of the Shares voted shall elect a Trustee, provided that where any provision of law or of this Declaration of Trust or the By-Laws requires that the holders of any Series shall vote as a Series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series (or Class) cast voted on the matter (or 'a plurality with respect to the election of a Trustee) shall decide the that matter insofar as the that Series (or Class) is concerned.
Appears in 1 contract
Sources: Trust Agreement (Allianz Variable Insurance Products Fund of Funds Trust)
Quorum and Required Vote. Except when a larger quorum is required by any provision of this Agreement or by applicable law, thirty- three and one-third percent (a33-1/3%) The Trustees of the Shares entitled to vote shall set forth in the By-Laws the constitute a quorum required for the transaction of business by the Shareholders at a Members’ meeting. When any one or more series (or Classes) is to vote separately from any other Shares, which quorum shall in no event be less than the holders of thirty-three and one-third percent (33 33-1/3%) of the outstanding Shares of each such series (or Class) entitled to vote shall constitute a quorum at such meetinga Members’ meeting of that series (or Class). If Except when a larger vote is required by any provision of this Agreement or by applicable law, when a quorum is present when at any meeting, a duly called and held meeting is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote majority of the holders of Shares representing shall decide any questions and a majority, except in the case plurality of the election of TrusteesShares voted shall elect a Director, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where provided that where any provision of law or of this Declaration of Trust or the By-Laws Agreement requires that the holders of any Series series shall vote as a Series series (or the that holders of any a Class shall vote as a Class), then a majority vote of the Shares of that Series series (or Class) cast voted on the matter (or a plurality with respect to the election of a Director) shall decide the that matter insofar as the Series that series (or Class) is concerned.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Fundrise Real Estate Interval Fund II, LLC)
Quorum and Required Vote. Thirty-three and one-third percent (a33-1/3%) The Trustees of the shares entitled to vote shall set forth in the By-Laws the be a quorum required for the transaction of business by the Shareholders at a meetingmeeting of shareholders, which quorum shall in no event be less than except that where any provision of law or of the Declaration of Trust or these By-Laws permits or requires that holders of any series or class shall vote as a series or class, then thirty-three and one-third percent (33 33-1/3%) of the outstanding Shares shares of that series or class entitled to vote at such meeting. If shall be necessary to constitute a quorum is present for the transaction of business by that series or class. Any lesser number, however, shall be sufficient for adjournments. Any adjourned session or sessions may be held within a reasonable time after the date set for the original meeting without the necessity of further notice. Except when a duly called and held meeting larger vote is convened, the Shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of Shareholders originally present leaves less than the proportion or number otherwise required for a quorum.
(b) The Shareholders shall take action by the affirmative vote of the holders of Shares representing a majority, except in the case of the election of Trustees, which shall only require a plurality, of votes cast at a meeting of Shareholders at which a quorum is present, except as may be otherwise required by applicable law or any provision of this Declaration of Trust or the By-Laws. Where any provision of law or of this the Declaration of Trust or these By-Laws, a majority of the shares voted on any matter shall decide such matter and a plurality shall elect a Trustee, provided that where any provision of law or of the Declaration of Trust or these By-Laws permits or requires that the holders of any Series series or class shall vote as a Series (series or the holders of any Class shall vote as a Class)class, then a majority vote of the Shares shares of that Series (series or Class) cast class voted on the matter shall decide the that matter insofar as the Series (that series or Class) class is concerned.
Appears in 1 contract
Sources: By Laws (Sei Asset Allocation Trust)