Series and Classes Clause Samples

Series and Classes. The Board of Trustees may authorize the division of Shares into separate and distinct series and the division of any series into separate classes of Shares. The establishment and designation of any series or class thereof shall be effective, without the requirement of Shareholder approval, upon the adoption of a resolution by not less than a majority of the then Board of Trustees, which resolution shall set forth such establishment and designation and may provide, to the extent permitted by the DSTA, for rights, powers and duties of such series or class thereof otherwise than as provided herein. Each such resolution shall be incorporated herein by reference upon adoption. Any such resolution may be amended by a further resolution of a majority of the Board of Trustees, and if Shareholder approval would be required to make such an amendment to the language set forth in this Declaration of Trust, such further resolution shall require the same Shareholder approval that would be necessary to make such amendment to the language set forth in this Declaration of Trust. Each such further resolution shall be incorporated herein by reference upon adoption.

Series and Classes. The Board of Trustees may authorize the division of Shares into separate classes of Shares and into separate and distinct series of Shares and the division of any series into separate classes of Shares. The establishment and designation of any series or class thereof shall be effective, without the requirement of Shareholder approval, upon the adoption of a resolution by not less than a majority of the then Board of Trustees, which resolution shall set forth such establishment and designation and may provide, to the extent permitted by the DSTA, for rights, powers and duties of such series or class thereof otherwise than as provided herein. Each such resolution shall be incorporated herein by reference upon adoption.

Series and Classes. Fund Series Share Class

Series and Classes. Each Transferring Fund and Transferring Class is a duly established and designated series and class, respectively, of the Transferring Trust. On or before the Closing Date, the Transferring Trust will designate each Interim Transferring Fund as a duly established and designated series of the Transferring Trust.

Series and Classes. The Notes may be issued in one or more Series or Classes up to an aggregate Note Balance for such Series or Class as from time to time may be authorized by the Issuer. All Notes of each Series or Class under this Indenture will in all respects be equally and ratably entitled to the benefits hereof with respect to such Series or Class without preference, priority or distinction on account of (1) the actual time of the authentication and delivery, or (2) Stated Maturity Date of the Notes of such Series or Class, except as specified in the applicable Indenture Supplement for such Series or Class of Notes.

Series and Classes. Without limiting the authority of the Trustees set forth in Section 5, inter alia, to establish and designate any further Series or classes or to modify the rights and preferences of any Series or class, the following Series shall be, and are hereby, established and designated: (1) “FISH: Series C”, (2) “FISH: Series M”, (3) “FISH: Series R” and (4) “FISH: Series H”. The foregoing amendment shall be effective as of the time it is filed with the Secretary of State of the Commonwealth of Massachusetts.

Series and Classes. The Master Fund may create one or more Series and/or classes from time to time. With respect to any Series established by the Master Fund, the following provisions shall apply: (a) separate and distinct records shall be maintained for each Series, and the assets associated with any such Series shall be held and accounted for separately from the other assets of the Master Fund or any other Series; (b) the debts, liabilities, and obligations incurred, contracted for, or otherwise existing with respect to a particular Series shall be enforceable against the assets of such Series only, and not against the assets of the Master Fund generally or any other Series; (c) the Board, in its sole and absolute discretion, shall have authority to restrict allocations or transfers of Member Accounts to or from any Series; (d) notwithstanding Section 18-215 of the Delaware Act, the failure of a Series to have any Member associated with it shall not be the basis for the dissolution of the Series and the winding up of its affairs unless in accordance with the provisions of Article VI; and (e) the Board shall have the full power and authority, without Member approval, to authorize one or more Classes of Units; Units of each such Class having such preferences, voting powers and special or relative rights or privileges (including conversion rights, if any) as the Board may determine and as shall be set forth in a resolution adopted in accordance with this Agreement and applicable law.

Series and Classes. As of May 14, 2012

Series and Classes. (a) Interests may be offered in one or more Series having separate rights, powers or duties with respect to specified property or obligations or profits and losses associated with specified property or obligations and, to the extent provided in this Agreement and a Separate Series Agreement (as hereinafter defined), having a separate business purpose or investment objective. A Member may be a member of one or more Series. The Interests of each Series may be offered in separate Classes. Unless otherwise required by the 1940 Act, the Board of Directors may, in its sole discretion, organize Series or classify unissued Interests in Classes without consulting the Members or any other person. To the extent Interests are offered in Series or Classes, expenses (including Organizational Expenses) specific to a Series or Class shall be allocated to such Series or Class. Also to the extent Interests are offered in Series, (i) Capital Accounts shall be separately established and maintained on a Series-by-Series basis, and, accordingly, Capital Percentages, Investment Percentages, Allocation Periods, Expense Allocation Dates, Net Profits or Net Losses and all allocations and distributions pursuant to Article III shall be determined on a Series by-Series basis, and (ii) each Series may have a separate closing Date and therefore different Fiscal Years. The debts, liabilities and obligations incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets of such Series only, and not against the assets of the Company generally or any other Series thereof, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Company generally or any other Series thereof shall be enforceable against the assets of such Series. (b) Notwithstanding any other provision contained in this Agreement, but subject to the requirements of the 1940 Act, the Board of Directors shall have sole and absolute discretion to cause the Company to issue additional Interests, in one or more classes, or in one or more Series, with such designations, preferences and relative, participating, optional, or other special rights, powers and duties, including rights, powers and duties senior to existing Interests, all as shall be determined, subject to Delaware law, by the Board of Directors in its sole and absolute discretion. (c) The terms of each Series shall be as set forth in this Agr...