Service Contracts. (a) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment management services for the Trust with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to the Investment Adviser to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's investments, or to engage in such other activities, including administrative services, as may specifically be delegated to such party. (b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the Board of Trustees may also, at any time and from time to time, contract with any Person, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares of beneficial ownership or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent and/or shareholder servicing agent for the Trust. (c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust as the Board of Trustees determines to be in the best interests of the Trust and its Shareholders. (d) None of the following facts or circumstances shall affect the validity of any of the following contracts or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the Shareholders, provided that the establishment of and performance of each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under the 1940 Act: (i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or (ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests. (e) Every contract referred to in this Section 7 is required to comply with this Declaration of Trust, the By-Laws, the 1940 Act, other applicable law and any stipulation by resolution of the Board of Trustees.
Appears in 5 contracts
Sources: Trust Agreement (Franklin Templeton Strategic Income Trust), Agreement and Declaration of Trust (Franklin Templeton Limited Duration Income Trust), Trust Agreement (Franklin Templeton High Yield Trust)
Service Contracts. (a) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment management services for the Trust with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to the Investment Adviser to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's ’s investments, or to engage in such other activities, including administrative services, as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Person, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership interest of the Trust or one or more of the Classes thereof, or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, fund accountant or accounting agent, custodian, transfer agent, dividend disbursing agent and/or shareholder servicing agent for the TrustTrust or one or more of the Classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons Persons, including any Affiliates, to provide such other services to the Trust Trust, as the Board of Trustees determines to be in the best interests of the Trust and its Shareholders.
(d) None of the following facts or circumstances shall affect the validity of any of the following contracts or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the Shareholders, provided that the establishment of and performance of each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to comply with this Declaration of Trust, the By-Laws, the 1940 Act, other applicable law and any stipulation by resolution of the Board of Trustees.
Appears in 5 contracts
Sources: Agreement and Declaration of Trust (BMO LGM Frontier Markets Equity Fund), Trust Agreement (BMO LGM Frontier Markets Equity Fund), Agreement and Declaration of Trust (EGA Frontier Diversified Core Fund)
Service Contracts. (a) Subject to this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws and and/or the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment advisory, management and/or administrative services for the Trust or for any Series with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to for the Investment Adviser or administrator to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's or a particular Series' investments, or to engage in such other activities, including administrative services, activities as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Personcorporation, trust, association or other organization, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership the Trust or one or more of the Series or classes thereof or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent agent, fund accountant, and/or shareholder servicing agent for the TrustTrust or one or more of the Series or classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust or one or more of its Series, as the Board of Trustees determines to be in the best interests of the Trust and or one or more of its ShareholdersSeries.
(d) None The fact that:
(i) any of the following facts Shareholders, Trustees, employees or circumstances officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, Principal Underwriter, distributor, or Affiliate or agent of or for any corporation, trust, association, or other organization, or for any parent or Affiliate of any organization with which an Adviser's, management or administration contract, or Principal Underwriter's or distributor's contract, or custodian, transfer, dividend disbursing, fund accounting, shareholder servicing or other type of service contract may have been or may hereafter be made, or that any such organization, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or that
(ii) any corporation, trust, association or other organization with which an Adviser's, management or administration contract or Principal Underwriter's or distributor's contract, or custodian, transfer, dividend disbursing, fund accounting, shareholder servicing or other type of service contract may have been or may hereafter be made also has an Adviser's, management or administration contract, or Principal Underwriter's or distributor's contract, or custodian, transfer, dividend disbursing, shareholder servicing or other service contract with one or more other corporations, trusts, associations, or other organizations, or has other business or interests, shall not affect the validity of any of the following contracts such contract or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the its Shareholders, provided that the establishment of and performance of under each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under provisions of the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to comply with this Declaration of Trust, the By-Laws, the 1940 Act, other applicable law and any stipulation by resolution of the Board of Trustees.
Appears in 5 contracts
Sources: Agreement and Declaration of Trust (Stratevest Funds), Amended and Restated Agreement and Declaration of Trust (4 Winds Family of Funds), Agreement and Declaration of Trust (Golden Oak Family of Funds)
Service Contracts. (a) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment management services for the Trust with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to the Investment Adviser to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's investments, or to engage in such other activities, including administrative services, as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Person, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares of beneficial ownership or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent and/or shareholder servicing agent for the Trust.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust as the Board of Trustees determines to be in the best interests of the Trust and its Shareholders.
(d) None of the following facts or circumstances shall affect the validity of any of the following contracts or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the Shareholders, provided that the establishment of and performance of each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to comply with this Declaration of Trust, the By-Laws, the 1940 Act, other applicable law and any stipulation by resolution of the Board of Trustees.
Appears in 3 contracts
Sources: Trust Agreement (Templeton Emerging Markets Income Fund Inc), Trust Agreement (Templeton Emerging Markets Fund Inc), Trust Agreement (Templeton Global Income Fund Inc)
Service Contracts. (a) Subject to this Declaration of Trust, the By-Laws Bylaws, and the 1940 Act, the Board of Trustees mayTrustees, at any time and from time to time, may contract for exclusive or nonexclusive investment advisory or investment management services for the Trust or for any Series thereof with any corporation, trust, association association, or other organization, including any Affiliate; , and any such contract may contain such other terms as the Board of Trustees may determine, including including, without limitation, delegation of authority to the Investment Adviser to determine determine, from time to time time, without prior consultation with the Board of Trustees Trustees, what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, portion if any, any of the Trust Property shall be held uninvested uninvested, and to make changes in the Trust's ’s or a particular Series’ investments, or to engage in such other activities, including administrative services, as may specifically be delegated specifically to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, may contract with any Person, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor distributor, or Principal Underwriter for the Trust's shares Shares of beneficial ownership the Trust or one or more of the Series or Classes thereof, or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, fund accountant, or accounting agent, custodian, transfer agent, dividend disbursing agent agent, and/or shareholder servicing agent for the TrustTrust or one or more of the Series or Classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons Persons, including any Affiliates, to provide such other services to the Trust or one or more of its Series as the Board of Trustees determines to be in the best interests of the Trust Trust, such Series, and its Shareholders.
(d) None of the following facts or circumstances shall affect the validity of any of the following contracts provided for in this Article IV, Section 7, or disqualify any Shareholder, Trustee, employee employee, or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust Trust, any Series thereof, or the Shareholders, provided that the establishment of and performance of each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees employees, or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Investment Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be mademade hereafter, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made hereafter also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to comply with this Declaration of Trust, the By-LawsBylaws, the 1940 Act, other applicable law law, and any stipulation by resolution of the Board of Trustees.
Appears in 3 contracts
Sources: Agreement and Declaration of Trust (Dfa Investment Trust Co), Agreement and Declaration of Trust (Dimensional Emerging Markets Value Fund), Agreement and Declaration of Trust (Dfa Investment Trust Co)
Service Contracts. (a) Subject to this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws and and/or the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment advisory, management and/or administrative services for the Trust or for any Series with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to for the Investment Adviser or administrator to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's ’s or a particular Series’ investments, or to engage in such other activities, including administrative services, activities as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Personcorporation, trust, association or other organization, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership the Trust or one or more of the Series or classes thereof or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent and/or shareholder servicing agent for the TrustTrust or one or more of the Series or classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust or one or more of its Series, as the Board of Trustees determines to be in the best interests of the Trust and or one or more of its ShareholdersSeries.
(d) None The fact that:
(i) any of the following facts Shareholders, Trustees, employees or circumstances officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, Principal Underwriter, distributor, or Affiliate or agent of or for any corporation, trust, association, or other organization, or for any parent or Affiliate of any organization with which an Adviser’s, management or administration contract, or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, shareholder servicing or other type of service contract may have been or may hereafter be made, or that any such organization, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or that (ii) any corporation, trust, association or other organization with which an Adviser’s, management or administration contract or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, shareholder servicing or other type of service contract may have been or may hereafter be made also has an Adviser’s, management or administration contract, or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, shareholder servicing or other service contract with one or more other corporations, trusts, associations, or other organizations, or has other business or interests, shall not affect the validity of any of the following contracts such contract or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the its Shareholders, provided that the establishment of and performance of under each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under provisions of the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or.
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to shall comply with this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws, the 1940 Act, other applicable law and any stipulation Act or stipulated by resolution of the Board of Trustees; and any such contract may contain such other terms as the Board of Trustees may determine.
Appears in 3 contracts
Sources: Amended Agreement and Declaration of Trust (Volt ETF Trust), Trust Agreement (Wonderfund Trust), Trust Agreement (Zacks Trust)
Service Contracts. (a) Subject to this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws and and/or the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment advisory, management and/or administrative services for the Trust or for any Series with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to for the Investment Adviser or administrator to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's or a particular Series' investments, or to engage in such other activities, including administrative services, activities as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Personcorporation, trust, association or other organization, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership the Trust or one or more of the Series or classes thereof or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent and/or shareholder servicing agent for the TrustTrust or one or more of the Series or classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust or one or more of its Series, as the Board of Trustees determines to be in the best interests of the Trust and or one or more of its ShareholdersSeries.
(d) None The fact that:
(i) any of the following facts Shareholders, Trustees, employees or circumstances officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, Principal Underwriter, distributor, or Affiliate or agent of or for any corporation, trust, association, or other organization, or for any parent or Affiliate of any organization, with which an Adviser's, management or administration contract, or Principal Underwriter's or distributor's contract, or custodian, transfer, dividend disbursing, shareholder servicing or other type of service contract may have been or may hereafter be made,
(ii) any such organization, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(iii) any corporation, trust, association or other organization with which an Adviser's, management or administration contract or Principal Underwriter's or distributor's contract, or custodian, transfer, dividend disbursing, shareholder servicing or other type of service contract may have been or may hereafter be made also has an Adviser's, management or administration contract, or Principal Underwriter's or distributor's contract, or custodian, transfer, dividend disbursing, shareholder servicing or other service contract with one or more other corporations, trusts, associations, or other organizations, or has other business or interests, shall not affect the validity of any of the following contracts such contract or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the its Shareholders, provided that the establishment of and performance of under each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under provisions of the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to shall comply with this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws, Laws or the 1940 Act, other applicable law and any stipulation Act or stipulated by resolution of the Board of Trustees. Any such contract may contain such other terms as the Board of Trustees may determine.
Appears in 3 contracts
Sources: Agreement and Declaration of Trust (Barrett Funds), Trust Agreement (Berwyn Income Fund Inc), Trust Agreement (Ingenuity Capital Trust)
Service Contracts. (a) Subject to this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws and and/or the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment advisory, management and/or administrative services for the Trust or for any Series with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to for the Investment Adviser or administrator to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's ’s or a particular Series’ investments, or to engage in such other activities, including administrative services, activities as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Personcorporation, trust, association or other organization, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership the Trust or one or more of the Series or classes thereof or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent and/or shareholder servicing agent for the TrustTrust or one or more of the Series or classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust or one or more of its Series, as the Board of Trustees determines to be in the best interests of the Trust and or one or more of its ShareholdersSeries.
(d) None The fact that:
i. any of the following facts Shareholders, Trustees, employees or circumstances officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, Principal Underwriter, distributor, or Affiliate or agent of or for any corporation, trust, association, or other organization, or for any parent or Affiliate of any organization with which an Adviser’s, management or administration contract, or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, shareholder servicing or other type of service contract may have been or may hereafter be made, or that any such organization, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or that
ii. any corporation, trust, association or other organization with which an Adviser’s, management or administration contract or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, shareholder servicing or other type of service contract may have been or may hereafter be made also has an Adviser’s, management or administration contract, or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, shareholder servicing or other service contract with one or more other corporations, trusts, associations, or other organizations, or has other business or interests, shall not affect the validity of any of the following contracts such contract or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the its Shareholders, provided that the establishment of and performance of under each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under provisions of the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to 8 shall comply with this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws, the 1940 Act, other applicable law and any stipulation Act or stipulated by resolution of the Board of Trustees; and any such contract may contain such other terms as the Board of Trustees may determine.
Appears in 3 contracts
Sources: Agreement and Declaration of Trust (Monachil Credit Income Fund), Agreement and Declaration of Trust (Monachil Credit Income Fund), Agreement and Declaration of Trust (Broadstone Real Estate Access Fund)
Service Contracts. (a) Subject to this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws and and/or the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment advisory, management and/or administrative services for the Trust Fund with any corporation, trust, association or other organizationPerson, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to for the Investment Adviser or administrator to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Fund Property shall be held uninvested and to make changes in the Trust's Fund’s or a particular Series’ investments, or to engage in such other activities, including administrative services, activities as may specifically be delegated to such party. The Board of Trustees may also authorize any Investment Adviser to delegate some or all of its duties to one or more sub-advisers from time to time and any administrator to employ one or more sub-administrators from time to time, upon such terms and conditions as shall be approved by the Board of Trustees.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Person, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership or for other securities or financial instruments to be issued by the TrustFund, or appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent and/or shareholder servicing agent for the TrustFund.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust Fund as the Board of Trustees determines to be in the best interests of the Trust and its ShareholdersFund.
(d) None The fact that any of the following facts Shareholders, Trustees, employees or circumstances officers of the Fund is a shareholder, director, officer, partner, trustee, employee, manager, agent or Affiliate of the Fund’s Adviser, Principal Underwriter or custodian, transfer agent, dividend disbursing agent, shareholder servicing agent or other service provider, shall not affect the validity of any of the following contracts contract with such Person, or disqualify any Shareholder, Trustee, employee or officer of the Trust Fund from voting upon or executing the same, or create any liability or accountability to the Trust Fund or the its Shareholders, ; provided that the establishment of and performance of under each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under provisions of the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to 11 shall comply with this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws, the 1940 Act, other applicable law and any stipulation Act or resolution adopted by resolution of the Board of Trustees; and any such contract may contain such other terms as the Board of Trustees may determine.
Appears in 3 contracts
Sources: Agreement and Declaration of Trust (Dynamic Alternatives Fund), Agreement and Declaration of Trust (Dynamic Alternatives Fund), Trust Agreement (Dynamic Alternatives Fund)
Service Contracts. (a) Subject to this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws and and/or the 1940 Act1940Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment nonexclusiveadvisory, management and/or administrative services for the Trust or for any Series with any corporation, trust, ,association or other organization, including any Affiliate; and any such contract may contain such other suchother terms as the Board of Trustees may determine, including without limitation, delegation of authority to for the Investment Adviser InvestmentAdviser or administrator to determine from time to time without prior consultation with the Board of Trustees what Trusteeswhat securities and other instruments or property shall be purchased or otherwise acquired, owned, held, ,invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt otherwisedealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes makechanges in the Trust's ’s or a particular Series’ investments, or to engage in such other activities, including administrative services, activities as may specifically be delegated bedelegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Personanycorporation, trust, association or other organization, including any Affiliate, appointing it or them as the exclusive theexclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership the Trust or one or more of theSeries or classes thereof or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, custodianthecustodian, transfer agent, dividend disbursing agent and/or shareholder servicing agent for the TrustTrust or one ormore of the Series or classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any withany Persons to provide such other services to the Trust or one or more of its Series, as the Board of Trustees determines Trusteesdetermines to be in the best interests of the Trust and or one or more of its ShareholdersSeries.
(d) None of the following facts or circumstances shall affect the validity of any of the following contracts or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the Shareholders, provided that the establishment of and performance of each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under the 1940 ActThe fact that:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust theTrust is a shareholder, director, officer, partner, trustee, employee, manager, ,Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Personanycorporation, trust, association, or other organization, or for any parent or Affiliate of Affiliateof any Person, organization with which any an Adviser’s, management or administrationcontract, or Principal Underwriter’s or distributor’s contract, or custodian,transfer, dividend disbursing, shareholder servicing or other type of service contract provided for in this Article IV, Section 7 servicecontract may have been or may hereafter be made, or that any such Person, organization,or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or,or that
(ii) the fact that any Person corporation, trust, association or other organization with which any whichan Adviser’s, management or administration contract or Principal Underwriter’s ordistributor’s contract, or custodian, transfer, dividend disbursing, shareholderservicing or other type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made bemade also has such a an Adviser’s, management or administration contract, or PrincipalUnderwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing,shareholder servicing or other service contract with one or more othercorporations, trusts, associations, or other Personsorganizations, or has other business orinterests, shall not affect the validity of any such contract or interestsdisqualify anyShareholder, Trustee, employee or officer of the Trust from voting upon orexecuting the same, or create any liability or accountability to the Trust or itsShareholders, provided that the establishment of and performance under each suchcontract is permissible under the provisions of the 1940 Act.
(e) Every contract referred to in this Section 7 is required to Article shall comply with this Declaration of Trust, such requirements and restrictions as may beset forth in the By-Laws, the 1940 Act, other applicable law and any stipulation Act or stipulated by resolution of the Board of Trustees; and any suchcontract may contain such other terms as the Board of Trustees may determine.
Appears in 2 contracts
Sources: Trust Agreement (Elessar Funds Investment Trust), Trust Agreement (Elessar Funds Investment Trust)
Service Contracts. (a) Subject to this Declaration of Trust, the By-Laws Bylaws, and the 1940 Act, the Board of Trustees mayTrustees, at any time and from time to time, may contract for exclusive or nonexclusive investment advisory or investment management services for the Trust with any corporation, trust, association association, or other organization, including any Affiliate; , and any such contract may contain such other terms as the Board of Trustees may determine, including including, without limitation, delegation of authority to the Investment Adviser to determine determine, from time to time time, without prior consultation with the Board of Trustees Trustees, what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, portion if any, any of the Trust Property shall be held uninvested uninvested, and to make changes in the Trust's ’s investments, or to engage in such other activities, including administrative services, as may specifically be delegated specifically to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, may contract with any Person, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor distributor, or Principal Underwriter for the Trust's shares Shares of beneficial ownership the Trust or one or more of the Classes thereof, or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, fund accountant, or accounting agent, custodian, transfer agent, dividend disbursing agent agent, and/or shareholder servicing agent for the TrustTrust or one or more of the Classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons Persons, including any Affiliates, to provide such other services to the Trust as the Board of Trustees determines to be in the best interests of the Trust and its Shareholders.
(d) None of the following facts or circumstances shall affect the validity of any of the following contracts provided for in this Article IV, Section 7, or disqualify any Shareholder, Trustee, employee employee, or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the Shareholders, provided that the establishment of and performance of each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees employees, or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be mademade hereafter, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made hereafter also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to comply with this Declaration of Trust, the By-LawsBylaws, the 1940 Act, other applicable law law, and any stipulation by resolution of the Board of Trustees.
Appears in 2 contracts
Sources: Trust Agreement (GuideMark Alternative Lending Income Fund), Agreement and Declaration of Trust (GuideMark Alternative Lending Income Fund)
Service Contracts. (a) Subject to this Declaration of Trust, the By-Laws Bylaws, and the 1940 Act, the Board of Trustees mayTrustees, at any time and from time to time, may contract for exclusive or nonexclusive investment advisory or investment management services for the Trust with any corporation, trust, association association, or other organization, including any Affiliate; , and any such contract may contain such other terms as the Board of Trustees may determine, including including, without limitation, delegation of authority to the Investment Adviser to determine determine, from time to time time, without prior consultation with the Board of Trustees Trustees, what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, portion if any, any of the Trust Property shall be held uninvested uninvested, and to make changes in the Trust's investments, or to engage in such other activities, including administrative services, as may specifically be delegated specifically to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, may contract with any Person, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor distributor, or Principal Underwriter for the Trust's shares Shares of beneficial ownership the Trust or one or more of the Classes thereof, or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, fund accountant, or accounting agent, custodian, transfer agent, dividend disbursing agent agent, and/or shareholder servicing agent for the TrustTrust or one or more of the Classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons Persons, including any Affiliates, to provide such other services to the Trust as the Board of Trustees determines to be in the best interests of the Trust and its Shareholders.
(d) None of the following facts or circumstances shall affect the validity of any of the following contracts provided for in this Article IV, Section 7, or disqualify any Shareholder, Trustee, employee employee, or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the Shareholders, provided that the establishment of and performance of each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees employees, or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be mademade hereafter, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made hereafter also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to comply with this Declaration of Trust, the By-LawsBylaws, the 1940 Act, other applicable law law, and any stipulation by resolution of the Board of Trustees.
Appears in 2 contracts
Sources: Agreement and Declaration of Trust (USQ Core Real Estate Fund), Trust Agreement (USQ Core Real Estate Fund)
Service Contracts. (a) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment management services for the Trust or for any Series thereof with any corporation, trust, association or other organization, including any Affiliate, registered as an investment adviser pursuant to the Investment Advisers Act of 1940, as amended; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to the Investment Adviser to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's ’s or a particular Series’ investments, or to engage in such other activities, including administrative services, as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Person, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership interest of the Trust or one or more of the Series or Classes thereof, or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, fund accountant or accounting agent, custodian, transfer agent, dividend disbursing agent and/or shareholder servicing agent for the TrustTrust or one or more of the Series or Classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons Persons, including any Affiliates, to provide such other services to the Trust or one or more of its Series, as the Board of Trustees determines to be in the best interests of the Trust Trust, such Series and its Shareholders.
(d) None of the following facts or circumstances shall affect the validity of any of the following contracts provided for in this Article IV, Section 7, or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust Trust, any Series thereof or the Shareholders, provided that the establishment of and performance of each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to comply with this Declaration of Trust, the By-Laws, the 1940 Act, other applicable law and any stipulation by resolution of the Board of Trustees.
Appears in 2 contracts
Sources: Agreement and Declaration of Trust (Red Cedar Fund Trust), Agreement and Declaration of Trust (Red Cedar Fund Trust)
Service Contracts. (a) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment management services for the Trust or for any Series thereof with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to the Investment Adviser to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's or a particular Series' investments, or to engage in such other activities, including administrative services, as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Person, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership interest of the Trust or one or more of the Series or Classes thereof, or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, fund accountant or accounting agent, custodian, transfer agent, dividend disbursing agent and/or shareholder servicing agent for the Trust.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust as the Board of Trustees determines to be in the best interests of the Trust and its Shareholders.
(d) None of the following facts or circumstances shall affect the validity of any of the following contracts or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the Shareholders, provided that the establishment of and performance of each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to comply with this Declaration of Trust, the By-Laws, the 1940 Act, other applicable law and any stipulation by resolution of the Board of TrusteesSeries or Classes thereof.
Appears in 2 contracts
Sources: Agreement and Declaration of Trust (Franklin Global Trust), Trust Agreement (California Investment Trust)
Service Contracts. (a) Subject to this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws and and/or the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment advisory, management and/or administrative services for the Trust or for any Series with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to for the Investment Adviser or administrator to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's ’s or a particular Series’ investments, or to engage in such other activities, including administrative services, activities as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Personcorporation, trust, association or other organization, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership the Trust or one or more of the Series or classes thereof or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent and/or shareholder -shareholder servicing agent for the TrustTrust or one or more of the Series or classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust or one or more of its Series, as the Board of Trustees determines to be in the best interests of the Trust and or one or more of its ShareholdersSeries.
(d) None The fact that:
(i) any of the following facts Shareholders, Trustees, employees or circumstances officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, Principal Underwriter, distributor, or Affiliate or agent of or for any corporation, trust, association, or other organization, or for any parent or Affiliate of any organization with which an Adviser’s, management or administration contract, or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, shareholder servicing or other type of service contract may have been or may hereafter be made, or that any such organization, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or that
(ii) any corporation, trust, association or other organization with which an Adviser’s, management or administration contract or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, shareholder servicing or other type of service contract may have been or may hereafter be made also has an Adviser’s, management or administration contract, or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, shareholder servicing or other service contract with one or more other corporations, trusts, associations, or other organizations, or has other business or interests, shall not affect the validity of any of the following contracts such contract or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the its Shareholders, provided that the establishment of and performance of under each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under provisions of the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to 8 shall comply with this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws, the 1940 Act, other applicable law and any stipulation Act or stipulated by resolution of the Board of Trustees; and any such contract may contain such other terms as the Board of Trustees may determine.
Appears in 2 contracts
Sources: Agreement and Declaration of Trust (RiverPark Commercial Real Estate Fund), Trust Agreement (RiverPark Commercial Real Estate Fund)
Service Contracts. (a) Subject to this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws and and/or the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment advisory, management and/or administrative services for the Trust or for any Series with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to for the Investment Adviser or administrator to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's or a particular Series' investments, or to engage in such other activities, including administrative services, activities as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Personcorporation, trust, association or other organization, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership the Trust or one or more of the Series or classes thereof or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent and/or shareholder shareholder servicing agent for the TrustTrust or one or more of the Series or classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust or one or more of its Series, as the Board of Trustees determines to be in the best interests of the Trust and or one or more of its ShareholdersSeries.
(d) None The fact that:
(i) any of the following facts Shareholders, Trustees, employees or circumstances officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, Principal Underwriter, distributor, or Affiliate or agent of or for any corporation, trust, association, or other organization, or for any parent or Affiliate of any organization with which an Adviser's, management or administration contract, or Principal Underwriter's or distributor's contract, or custodian, transfer, dividend disbursing, shareholder servicing or other type of service contract may have been or may hereafter be made, or that any such organization, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or that
(ii) any corporation, trust, association or other organization with which an Adviser's, management or administration contract or Principal Underwriter's or distributor's contract, or custodian, transfer, dividend disbursing, shareholder servicing or other type of service contract may have been or may hereafter be made also has an Adviser's, management or administration contract, or Principal Underwriter's or distributor's contract, or custodian, transfer, dividend disbursing, shareholder servicing or other service contract with one or more other corporations, trusts, associations, or other organizations, or has other business or interests, shall not affect the validity of any of the following contracts such contract or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the its Shareholders, provided that the establishment of and performance of under each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under provisions of the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to 8 shall comply with this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws, the 1940 Act, other applicable law and any stipulation Act or stipulated by resolution of the Board of Trustees; and any such contract may contain such other terms as the Board of Trustees may determine.
Appears in 2 contracts
Sources: Declaration of Trust (PREDEX Fund), Declaration of Trust (PSG Capital Management Trust)
Service Contracts. (a) Subject to this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws and and/or the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment advisory, management and/or administrative services for the Trust or for any Series with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to for the Investment Adviser or administrator to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's ’s or a particular Series’ investments, or to engage in such other activities, including administrative services, activities as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Personcorporation, trust, association or other organization, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership the Trust or one or more of the Series or classes thereof or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent agent, fund accountant, and/or shareholder servicing agent for the TrustTrust or one or more of the Series or classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust or one or more of its Series, as the Board of Trustees determines to be in the best interests of the Trust and or one or more of its ShareholdersSeries.
(d) None The fact that:
(i) any of the following facts Shareholders, Trustees, employees or circumstances officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, Principal Underwriter, distributor, or Affiliate or agent of or for any corporation, trust, association, or other organization, or for any parent or Affiliate of any organization with which an Adviser’s, management or administration contract, or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, fund accounting, shareholder servicing or other type of service contract may have been or may hereafter be made, or that any such organization, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or that
(ii) any corporation, trust, association or other organization with which an Adviser’s, management or administration contract or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, fund accounting, shareholder servicing or other type of service contract may have been or may hereafter be made also has an Adviser’s, management or administration contract, or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, shareholder servicing or other service contract with one or more other corporations, trusts, associations, or other organizations, or has other business or interests, shall not affect the validity of any of the following contracts such contract or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the its Shareholders, provided that the establishment of and performance of under each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under provisions of the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to comply with this Declaration of Trust, the By-Laws, the 1940 Act, other applicable law and any stipulation by resolution of the Board of Trustees.
Appears in 2 contracts
Sources: Agreement and Declaration of Trust (Wilmington Funds), Agreement and Declaration of Trust (MTB Group of Funds)
Service Contracts. (a) Subject to this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws and and/or the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment advisory, management and/or administrative services for the Trust or for any Series (or class) with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to for the Investment Adviser or administrator to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's or a particular Series' investments, or to engage in such other activities, including administrative services, activities as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Personcorporation, trust, association or other organization, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership the Trust or one or more of the Series or classes thereof or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent agent, fund accountant, and/or shareholder servicing agent for the TrustTrust or one or more of the Series or classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust or one or more of its Series, as the Board of Trustees determines to be in the best interests of the Trust and or one or more of its ShareholdersSeries.
(d) None The fact that:
(i) any of the following facts Shareholders, Trustees, employees or circumstances officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, Principal Underwriter, administrator, distributor, or Affiliate or agent of or for any corporation, trust, association, or other organization, or for any parent or Affiliate of any organization with which an Adviser's, management or administration contract, or Principal Underwriter's or distributor's contract, or custodian, transfer, dividend disbursing, fund accounting, shareholder servicing or other type of service contract may have been or may hereafter be made, or that any such organization, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or that
(ii) any corporation, trust, association or other organization with which an Adviser's, management or administration contract or Principal Underwriter's or distributor's contract, or custodian, transfer, dividend disbursing, fund accounting, shareholder servicing or other type of service contract may have been or may hereafter be made also has an Adviser's, management or administration contract, or Principal Underwriter's or distributor's contract, or custodian, transfer, dividend disbursing, fund accounting, shareholder servicing or other service contract with one or more other corporations, trusts, associations, or other organizations, or has other business or interests, shall not affect the validity of any of the following contracts such contract or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the its Shareholders, provided that the establishment of and performance of under each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under provisions of the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to comply with this Declaration of Trust, the By-Laws, the 1940 Act, other applicable law and any stipulation by resolution of the Board of Trustees.
Appears in 2 contracts
Sources: Agreement and Declaration of Trust (Huntington Va Funds), Agreement and Declaration of Trust (Huntington Funds)
Service Contracts. (a) Subject to this Declaration of Trustsuch requirements and restrictions as may be set forth under federal and/or state law, and in the By-Laws and including, without limiation Section 15 of the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment advisory, management and/or administrative services for the Trust or for any Series (or Class thereof) with any Person, corporation, trust, association or other organization, including any Affiliate; and any Affiliate (each a "Manager"). Any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to for the Investment Adviser Manager to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's or a particular Series' investments, authority for a Manager to delegate certain or all of its duties under such contracts to engage in qualified investment advisers and administrators (each a sub-Manager); and authority to conduct such other activities, including administrative services, activities as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Personcorporation, trust, association or other organization, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership the Trust or one or more of the Series or Classes thereof or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent and/or shareholder Shareholder servicing agent for the TrustTrust or one or more of the Series or Classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust or one or more of its Series, as the Board of Trustees determines to be in the best interests of the Trust and its Shareholdersthe applicable Series.
(d) None The fact that:
(i) any of the following facts Shareholders, Trustees, employees or circumstances officers of the Trust is a shareholder, director, officer, partner, trustee, employee, Manager, adviser, 17 distributor, or Affiliate or agent of or for any corporation, trust, association, or other organization, or for any parent or Affiliate of any organization with which an advisory, management or administration contract, or Principal Underwriter's or distributor's contract, or custodian, transfer agent, dividend disbursing, shareholder servicing agents or other type of service contract may have been or may hereafter be made, or that any such organization, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or that
(ii) any corporation, trust, association or other organization with which an advisory, management or administration contract or Principal Underwriter's or distributor's contract, or custodian, transfer agent, dividend disbursing, shareholder servicing or other type of service contract may have been or may hereafter be made also has an advisory, management or administration contract, or Principal Underwriter's or distributor's contract, or custodian, transfer, dividend disbursing, shareholder servicing or other service contract with one or more other corporations, trusts, associations, or other organizations, or has other business or interests, shall not affect the validity of any of the following contracts such contract or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the its Shareholders, provided that the establishment of and performance of under each such contract is permissible under made pursuant to the requirements of the 1940 Act, and provided further that such Person is authorized to vote upon such contract under the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to shall comply with this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws, the 1940 Act, other applicable law and any stipulation Act or stipulated by resolution of the Board of Trustees; and any such contract may contain such other terms as the Board of Trustees may determine.
Appears in 1 contract
Sources: Declaration of Trust (Lincoln National Aggressive Growth Fund Inc)
Service Contracts. (a) Subject to this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws and and/or the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment advisory, management and/or administrative services for the Trust or for any Series with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to for the Investment Adviser or administrator to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's ’s or a particular Series’ investments, or to engage in such other activities, including administrative services, activities as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Personcorporation, trust, association or other organization, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership the Trust or one or more of the Series or Classes thereof or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent agent, fund accountant, and/or shareholder ¬shareholder servicing agent for the TrustTrust or one or more of the Series or Classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust or one or more of its Series, as the Board of Trustees determines to be in the best interests of the Trust and or one or more of its ShareholdersSeries.
(d) None The fact that:
(i) any of the following facts Shareholders, Trustees, employees or circumstances officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, Principal Underwriter, distributor, or Affiliate or agent of or for any corporation, trust, association, or other organization, or for any parent or Affiliate of any organization with which an Adviser’s, management or administration contract, or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, fund accounting, shareholder servicing or other type of service contract may have been or may hereafter be made, or that any such organization, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or that
(ii) any corporation, trust, association or other organization with which an Adviser’s, management or administration contract or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, fund accounting, shareholder servicing or other type of service contract may have been or may hereafter be made also has an Adviser’s, management or administration contract, or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, shareholder servicing or other service contract with one or more other corporations, trusts, associations, or other organizations, or has other business or interests, shall not affect the validity of any of the following contracts such contract or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the its Shareholders, provided that the establishment of and performance of under each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under provisions of the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to comply with this Declaration of Trust, the By-Laws, the 1940 Act, other applicable law and any stipulation by resolution of the Board of Trustees.
Appears in 1 contract
Service Contracts. (a) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment management services for the Trust with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to the Investment Adviser to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's ’s investments, or to engage in such other activities, including administrative services, as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the Board of Trustees may also, at any time and from time to time, contract with any Person, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's ’s shares of beneficial ownership or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent and/or shareholder servicing agent for the Trust.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust as the Board of Trustees determines to be in the best interests of the Trust and its Shareholders.
(d) None of the following facts or circumstances shall affect the validity of any of the following contracts or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the Shareholders, provided that the establishment of and performance of each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under the 1940 Act:
: (i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
or (ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to comply with this Declaration of Trust, the By-Laws, the 1940 Act, other applicable law and any stipulation by resolution of the Board of Trustees.
Appears in 1 contract
Sources: Agreement and Declaration of Trust (Franklin LTD Duration Income Trust)
Service Contracts. (a) Subject to this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws and Laws, this Partnership Agreement and/or the 1940 Act, the Board of Trustees Directors may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment advisory, management and/or administrative services for the Trust Partnership or for any Series with any corporation, trustfirm, partnership, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees Directors may determine, including without limitation, delegation of authority to for the Investment Adviser or administrator to determine from time to time without prior consultation with the Board of Trustees Directors what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Partnership Property shall be held uninvested and to make changes in the TrustPartnership's or a particular Series' investments, or to engage in such other activities, including administrative services, activities as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees Directors may also, at any time and from time to time, contract with any Personcorporation, firm, partnership, trust, association or other organization, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Interests of beneficial ownership the Partnership or one or more of the Series thereof or for other securities or financial instruments to be issued by the TrustPartnership, or appointing it or them to act as the administrator, custodian, transfer agent, dividend distribution disbursing agent and/or shareholder servicing agent for the TrustPartnership or one or more of the Series thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees Directors is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust Partnership or one or more of its Series, as the Board of Trustees Directors determines to be in the best interests of the Trust and Partnership or one or more of its ShareholdersSeries.
(d) None of the following facts or circumstances shall affect the validity of any of the following contracts or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the Shareholders, provided that the establishment of and performance of each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under the 1940 ActThe fact that:
(i) the fact that any of the ShareholdersGeneral Partner, TrusteesInvestors, Directors, employees or officers of the Trust Partnership is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Personcorporation, firm, partnership, trust, association, or other organization, or for any parent or Affiliate of any Personorganization, with which any an Adviser's, management or administration contract, or Principal Underwriter's or distributor's contract, or custodian, transfer, distribution disbursing, shareholder servicing or other type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that ,
(ii) any such Personorganization, or any parent or Affiliate thereof, is a Shareholder an Investor or has an interest in the TrustPartnership, or
(iiiii) the fact that any Person corporation, firm, partnership, trust, association or other organization with which any an Adviser's, management or administration contract or Principal Underwriter's or distributor's contract, or custodian, transfer, distribution disbursing, shareholder servicing or other type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a an Adviser's, management or administration contract, or Principal Underwriter's or distributor's contract, or custodian, transfer, distribution disbursing, shareholder servicing or other service contract with one or more other Personscorporations, firms, partnerships, trusts, associations, or other organizations, or has other business or interests, shall not affect the validity of any such contract or disqualify the General Partner, any Investor, Director, employee or officer of the Partnership from voting upon or executing the same, or create any liability or accountability to the Partnership, its General Partner or its Investors, provided that the establishment of and performance under each such contract is permissible under the provisions of the 1940 Act.
(e) Every contract referred to in this Section 7 is required to 5 shall comply with this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws, Laws or the 1940 Act, other applicable law and any stipulation Act or stipulated by resolution of the Board of TrusteesDirectors. Any such contract may contain such other terms as the Board of Directors may determine.
Appears in 1 contract
Sources: Limited Partnership Agreement (Federated Core Trust Ii)
Service Contracts. (a) Subject to this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws and the 1940 ActLaws, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment advisory, management and/or administrative services for the Trust with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to for the Investment Adviser or administrator to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property investments shall be purchased or otherwise acquired, ownedpurchased, held, invested sold or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, exchanged and what portion, if any, of the assets of the Trust Property shall be held uninvested and to make changes in the Trust's investments, or to engage in such other activities, including administrative services, activities as may specifically be delegated to such party.
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the Board of The Trustees may also, at any time and from time to time, contract with any Personcorporation, including any Affiliatetrust, association or other organization, appointing it or them as the exclusive or nonexclusive placement agentdistributor, distributor or Principal Underwriter or placement agent for the Trust's shares of beneficial ownership Shares or for other securities or financial instruments to be issued by the Trust. Every such contract shall comply with such requirements and restrictions as may be set forth in the By-Laws; and any such contract may contain such other terms as the Trustees may determine.
(c) The Trustees are also empowered, at any time and from time to time, to contract with any corporations, trusts, associations or other organizations, appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent and/or shareholder servicing agent for the Trust.
(c) Subject to this Declaration of Trust, . Every such contract shall comply with such requirements and restrictions as may be set forth in the By-Laws and or stipulated by resolution of the 1940 Act, the Board of Trustees.
(d) The Trustees is are further empowered, at any time and from time to time, to contract with any Persons entity to provide such other services to the Trust Trust, as the Board of Trustees determines determine to be in the best interests of the Trust and its ShareholdersTrust.
(de) None The fact that:
(i) any of the following facts Shareholders, Trustees, or circumstances officers of the Trust is a shareholder, trustee, officer, partner, employee, Adviser, adviser, principal underwriter, distributor, or affiliate or agent of or for any corporation, trust, association, or other organization or for any parent or affiliate of any organization with which an advisory, management or administration contract, or principal underwriter's or distributor's contract, or transfer, shareholder servicing or other type of service contract may have been or may hereafter be made, or that any such organization, or any parent or affiliate thereof, is a Shareholder or has an interest in the Trust, or that
(ii) any corporation, trust, association or other organization with which an advisory, management or administration contract or principal underwriter's or distributor's contract, or transfer, shareholder servicing or other type of service contract may have been or may hereafter be made also has an advisory, management or administration contract, or principal underwriter's or distributor's contract, or transfer, shareholder servicing or other service contract with one or more other corporations, trust, associations, or other organizations, or has other business or interests shall not affect the validity of any of the following contracts such contract or disqualify any Shareholder, Trustee, employee Trustee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the its Shareholders, provided that the establishment of and performance approval of each such contract is permissible under made pursuant to the requirements of the 1940 Act, and provided further that such Person is authorized to vote upon such contract under the 1940 Act:
(i) the fact that any of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.
(e) Every contract referred to in this Section 7 is required to comply with this Declaration of Trust, the By-Laws, the 1940 Act, other applicable law and any stipulation by resolution of the Board of Trustees.
Appears in 1 contract
Sources: Trust Agreement (Persimmon Growth Partners Investor Fund)
Service Contracts. (a) Subject to this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws and and/or the 1940 Act, the Board of Trustees may, at any time and from time to time, contract for exclusive or nonexclusive investment advisory or investment advisory, management and/or administrative services for the Trust or for any Series with any corporation, trust, association or other organization, including any Affiliate; and any such contract may contain such other terms as the Board of Trustees may determine, including without limitation, delegation of authority to for the Investment Adviser or administrator to determine from time to time without prior consultation with the Board of Trustees what securities and other instruments or property shall be purchased or otherwise acquired, owned, held, invested or reinvested in, sold, exchanged, transferred, mortgaged, pledged, assigned, negotiated, or otherwise dealt with or disposed of, and what portion, if any, of the Trust Property shall be held uninvested and to make changes in the Trust's ’s or a particular Series’ investments, or to engage in such other activities, including administrative services, activities as may specifically be delegated to such party.. Waycross Independent Trust Agreement and Declaration of Trust July 2020
(b) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees may also, at any time and from time to time, contract with any Personcorporation, trust, association or other organization, including any Affiliate, appointing it or them as the exclusive or nonexclusive placement agent, distributor or Principal Underwriter for the Trust's shares Shares of beneficial ownership the Trust or one or more of the Series or classes thereof or for other securities or financial instruments to be issued by the Trust, or appointing it or them to act as the administrator, custodian, transfer agent, dividend disbursing agent and/or shareholder servicing agent for the TrustTrust or one or more of the Series or classes thereof.
(c) Subject to this Declaration of Trust, the By-Laws and the 1940 Act, the The Board of Trustees is further empowered, at any time and from time to time, to contract with any Persons to provide such other services to the Trust or one or more of its Series, as the Board of Trustees determines to be in the best interests of the Trust and or one or more of its ShareholdersSeries.
(d) None The fact that:
(i) any of the following facts Shareholders, Trustees, employees or circumstances officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, Principal Underwriter, distributor, or Affiliate or agent of or for any corporation, trust, association, or other organization, or for any parent or Affiliate of any organization with which an Adviser’s, management or administration contract, or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, shareholder servicing or other type of service contract may have been or may hereafter be made, or that any such organization, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or that
(ii) any corporation, trust, association or other organization with which an Adviser’s, management or administration contract or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, shareholder servicing or other type of service contract may have been or may hereafter be made also has an Adviser’s, management or administration contract, or Principal Underwriter’s or distributor’s contract, or custodian, transfer, dividend disbursing, shareholder servicing or other service contract with one or more other corporations, trusts, associations, or other organizations, or has other business or interests, shall not affect the validity of any of the following contracts such contract or disqualify any Shareholder, Trustee, employee or officer of the Trust from voting upon or executing the same, or create any liability or accountability to the Trust or the its Shareholders, provided that the establishment of and performance of under each such contract is permissible under the 1940 Act, and provided further that such Person is authorized to vote upon such contract under provisions of the 1940 Act:
(i) the fact that any . Waycross Independent Trust Agreement and Declaration of the Shareholders, Trustees, employees or officers of the Trust is a shareholder, director, officer, partner, trustee, employee, manager, Adviser, placement agent, Principal Underwriter, distributor, or Affiliate or agent of or for any Person, or for any parent or Affiliate of any Person, with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made, or that any such Person, or any parent or Affiliate thereof, is a Shareholder or has an interest in the Trust, or
(ii) the fact that any Person with which any type of service contract provided for in this Article IV, Section 7 may have been or may hereafter be made also has such a service contract with one or more other Persons, or has other business or interests.July 2020
(e) Every contract referred to in this Section 7 is required to shall comply with this Declaration of Trust, such requirements and restrictions as may be set forth in the By-Laws, the 1940 Act, other applicable law and any stipulation Act or stipulated by resolution of the Board of Trustees; and any such contract may contain such other terms as the Board of Trustees may determine.
Appears in 1 contract
Sources: Agreement and Declaration of Trust (Waycross Independent Trust)