Common use of Termination of Trust, Series or Class Clause in Contracts

Termination of Trust, Series or Class. (a) Unless terminated as provided herein, the Trust, and any Series or Class thereof, shall continue without limitation of time. The Trust, or any Series or Class thereof, may be dissolved at any time and for any reason by the Sponsor with written notice to the Shareholders. (b) Upon dissolution of the Trust (or any Series or Class, as the case may be), after paying or making reasonable provision for all charges, taxes, expenses, claims and liabilities of the Trust, or severally, with respect to each Series or Class (or the applicable Series or Class, as the case may be), whether due or accrued or anticipated as may be determined by the Sponsor and otherwise complying with Section 3808 of the Delaware Trust Statute, the Trust shall, in accordance with the Delaware Trust Statute and such procedures as the Sponsor considers appropriate, distribute the remaining assets in kind or reduce the remaining assets held, severally, with respect to each Series or Class (or the applicable Series or Class, as the case may be), to distributable form in cash or shares or other securities, or any combination thereof, and distribute the proceeds held with respect to each Series or Class (or the applicable Series or Class, as the case may be), to the Shareholders of that Series or Class, as a Series or Class, ratably according to the number of Shares of that Series or Class held by the several Shareholders on the date of termination. (c) Upon the completion of the winding up of the Trust in accordance with the Delaware Trust Statute and this Trust Agreement, the Sponsor shall cause the Trustee to file a certificate of cancellation with the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the Delaware Act and thereupon, the Trust and this Trust Agreement (other than Article VI Section 6) shall terminate. The provisions of Article VI Section 6 shall survive the termination of the Trust.

Appears in 6 contracts

Sources: Trust Agreement, Trust Agreement (Dynamic Shares Trust), Trust Agreement (Dynamic Shares Trust)

Termination of Trust, Series or Class. (a) Unless terminated as provided herein, the Trust, and any Series or Class thereof, Trust shall continue without limitation of time. The Trust, or any Series or Class thereof, Trust may be dissolved terminated at any time by vote of at least two-thirds of the Shares of each Series entitled to vote and for any reason voting separately by Series, or by the Sponsor with Trustees by written notice to the Shareholders. . Any Series or class may be terminated at any time by vote of at least two-thirds of the Shares of that Series or class, or by the Trustees by written notice to the Shareholders of that Series or class. Nothing in this Declaration of Trust or the By-Laws shall restrict the power of the Trustees to terminate any Series or class of Shares by written notice to the Shareholders of such Series, whether or not such Shareholders have voted (bor are proposed to vote) with respect to a merger, reorganization, sale of assets or similar transaction involving such Series or class of Shares. Upon dissolution termination of the Trust (or any Series or Classclass, as the case may be), after paying or making reasonable provision otherwise providing for all charges, taxes, expenses, claims expenses and liabilities of the Trustbelonging, or severally, with respect to each Series or Class (or the applicable Series or Classattributable to the particular class, as the case may be), whether due or accrued or anticipated as may be determined by the Sponsor and otherwise complying with Section 3808 of the Delaware Trust StatuteTrustees, the Trust shall, in accordance with the Delaware Trust Statute and such procedures as the Sponsor considers Trustees consider appropriate, distribute the remaining assets in kind or reduce the remaining assets heldbelonging, severally, with respect to each Series or Class (or the applicable Series or Classattributable to the particular class, as the case may be), to distributable form in cash or shares or other securities, or any combination thereof, and distribute the proceeds held with respect belonging to each Series or Class (or the applicable Series or Classattributable to the particular class, as the case may be), to the Shareholders of that Series (or Classclass, as the case may be), as a Series (or Classclass, as the case may be), ratably according to the number of Shares of that Series (or Class class, as the case may be) held by the several Shareholders on the date of termination. (c) Upon the completion of the winding up of the Trust in accordance with the Delaware Trust Statute and this Trust Agreement, the Sponsor shall cause the Trustee to file a certificate of cancellation with the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the Delaware Act and thereupon, the Trust and this Trust Agreement (other than Article VI Section 6) shall terminate. The provisions of Article VI Section 6 shall survive the termination of the Trust.

Appears in 2 contracts

Sources: Agreement and Declaration of Trust (IVA Fiduciary Trust), Trust Agreement (IVA Fiduciary Trust)

Termination of Trust, Series or Class. (a) Unless terminated as provided herein, the Trust, and any Series or Class thereof, Trust shall continue without limitation of time. The Trust, Trust or any Series or Class thereof, of the Trust may be dissolved and any Class of the Trust may be terminated at any time and for any reason by the Sponsor with written notice Trustees. Any action to dissolve the ShareholdersTrust shall be deemed to also be an action to dissolve each Series, and to terminate each Class. (b) Upon dissolution of the Trust (or any Series or ClassSeries, as the case may be), after paying or making reasonable provision otherwise providing for all charges, taxes, expenses, claims expenses and liabilities of the Trustheld, or severally, with respect to each Series or and Class (or the applicable Series or Class, as the case may be), as provided in Section 3808 of the Delaware Act, whether due or accrued or anticipated as anticipated, which may be determined by include the Sponsor and otherwise complying with Section 3808 establishment of the Delaware Trust Statutea liquidating trust or similar vehicle, the Trust shall, shall in accordance with the Delaware Trust Statute and such procedures as the Sponsor considers Trustees consider appropriate, distribute the remaining assets in kind or reduce the remaining assets held, severally, with respect to each Series or and Class (or the applicable Series or Class, as the case may be), to distributable form in cash or shares or other securities, or any combination thereof, and distribute the proceeds held with respect to each Series or and Class (or the applicable Series or Class, as the case may be), to the Shareholders of that Series or Class, as a Series or Class, ratably according to the number of Shares of that Series or Class held by the several Shareholders on the date of terminationdistribution. (c) Upon the Following completion of the winding up of the Trust in accordance with business of the Delaware Trust Statute and this Trust AgreementTrust, the Sponsor Trustees shall cause direct that a Certificate of Cancellation of the Trustee to file a certificate Certificate of cancellation Trust be executed and filed with the Secretary of State of the State of Delaware in accordance with the provisions Section 3811, which Certificate of Section 3810 Cancellation may be signed by any one Trustee. If there is no remaining Trustee at such time, any remaining officer of the Trust may execute and file such Certificate of Cancellation to the extent permitted by the Delaware Act and thereupon, the Trust and this Trust Agreement (other than Article VI Section 6) shall terminate. The provisions of Article VI Section 6 shall survive the termination of the TrustAct.

Appears in 1 contract

Sources: Agreement and Declaration of Trust (City National Rochdale Funds)

Termination of Trust, Series or Class. (a) Unless terminated as provided herein, the Trust, and any Series or Class thereof, shall continue without limitation of time. The Trust, or any Series or Class thereof, may be dissolved at any time and for any reason, or no reason at all, by the Sponsor. The Sponsor with written shall set a date on which the Trust, or any Series or Class thereof, shall dissolve and mail notice of that dissolution to the Shareholders. The Shareholders shall have no rights to terminate or revoke the Trust, any Series or any Class. (b) Upon On or after dissolution of the Trust (or any Series or Class, as the case may be), after paying or making reasonable provision for all charges, taxes, expenses, claims and liabilities of the Trust, or severally, with respect to each Series or Class (or the applicable Series or Class, as the case may be), whether due or accrued or anticipated as may be determined by the Sponsor and otherwise complying with Section section 3808 of the Delaware Trust StatuteDSTA, the Sponsor shall wind up the business and affairs of the Trust shall, in accordance with the Delaware Trust Statute and such procedures as the Sponsor considers appropriate, distribute the remaining assets in kind or reduce the remaining assets held, severally, with respect to each Series or Class (or the applicable Series or Class, as the case may be), ) in accordance with section 3808 of the DSTA. Subject to distributable form in cash or shares or other securities, or any combination thereof, and distribute the proceeds held with respect to each Series or Class (payment or the applicable reasonable provision of such payment by the Sponsor of the claims and obligations of the Trust, Fund or Class, as the case may be, as required by section 3808 of the DSTA, the Shareholders of the Trust or the dissolving Series or Class, as the case may be), will, upon (i) surrender of their Shares, (ii) payment of any Transaction Fee and (iii) payment of any applicable taxes or other governmental charges, be entitled to delivery to them or upon their order, of the Shareholders amount of that applicable Trust Estate represented by those Shares. The Sponsor shall not accept any delivery of Baskets after the date of dissolution. If any Shares remain outstanding after the date of dissolution of the Trust or the dissolved Series or Class, as a the case may be, the Sponsor thereafter shall discontinue the registration of transfers of such Shares, shall not make any distributions to Shareholders and shall not give any further notices, except that the Sponsor shall continue to collect distributions pertaining to applicable Trust Estate and hold the same uninvested and without liability for interest, pay pursuant to section 3808 of the DSTA the Trust’s expenses as set forth in this Trust Agreement and sell Trust, Fund or Class, as the case may be, assets as necessary to meet those expenses and shall continue to deliver applicable Trust Estate, together with any distributions received with respect thereto and the net proceeds of the sale of any other property, in exchange for Shares surrendered to the Sponsor (after deducting or upon payment of, in each case, the Transaction Fee for the surrender of Shares, any expenses for the account of the Shareholder of such Shares in accordance with the terms and conditions of this Trust Agreement and any applicable taxes or other governmental charges) or otherwise under such other procedures the Sponsor deems, in its discretion to be appropriate. At any time after the expiration of ninety (90) days following the date of dissolution of the Trust or the dissolved Series or Class, ratably according as the case may be, the Sponsor may sell, or cause the sale of, the applicable Trust Estate then held under this Trust Agreement and may thereafter, after complying with section 3808 of the DSTA, cause to be held with the number Custodian uninvested the net proceeds of any such sale and without liability for interest, for the pro rata benefit of the Shareholders of the Shares of that Series or Class held by the several Shareholders on the date of terminationhave not theretofore been surrendered. (c) Upon the completion of the winding up of the Trust and all its Series in accordance with the Delaware Trust Statute DSTA and this Trust Agreement, the Sponsor shall cause the Trustee to file a certificate of cancellation with the Secretary of State of the State of Delaware (at the expense of the Sponsor) in accordance with the provisions of Section section 3810 of the Delaware Act and thereupon, the Trust and this Trust Agreement (other than Article VI Section 6) 2.4 hereof, shall terminate. The provisions of Article VI Section 6 2.4 hereof shall survive the termination of the Trust. After making such filing, the Trustee and the Sponsor shall be discharged from all obligations under this Trust Agreement, except to account for such net proceeds and other cash (after deducting, in each case, any fees, expenses, taxes or other governmental charges payable by the Trust, the Transaction Fees for the surrender of Shares and any expenses for the account of the Shareholder of such Shares in accordance with the terms and conditions of this Trust Agreement and any applicable taxes or other governmental charges).

Appears in 1 contract

Sources: Trust Agreement (ETFS Collateralized Commodities Trust)

Termination of Trust, Series or Class. (a) Unless terminated as provided herein, the Trust, and any Series or Class thereof, shall continue without limitation of time. The Trust, or any Series or Class thereof, may be dissolved at any time and for any reason by the Sponsor with written notice to the Shareholders. (b) Upon dissolution of the Trust (or any Series or Class, as the case may be), after paying or making reasonable provision for all charges, taxes, expenses, claims and liabilities of the Trust, or severally, with respect to each Series or Class (or the applicable Series or Class, as the case may be), whether due or accrued or anticipated as may be determined by the Sponsor and otherwise complying with Section 3808 of the Delaware Trust Statute, the Trust shall, in accordance with the Delaware Trust Statute and such procedures as the Sponsor considers appropriate, distribute the remaining assets in kind or reduce the remaining assets held, severally, with respect to each Series or Class (or the applicable Series or Class, as the case may be), to distributable form in cash or shares or other securities, or any combination thereof, and distribute the proceeds held with respect to each Series or Class (or the applicable Series or Class, as the case may be), to the Shareholders of that Series or Class, as a Series or Class, ratably according to the number of Shares of that Series or Class held by the several Shareholders on the date of termination. (c) Upon the completion of the winding up of the Trust in accordance with the Delaware Trust Statute and this Trust Agreement, the Sponsor shall cause and direct in writing that the Trustee to file a certificate of cancellation with the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the Delaware Act Trust Statute and thereupon, the Trust and this Trust Agreement (other than Article VI Section 6) shall terminate. The provisions of Article VI Section 6 and Article III Sections 8 and 9 shall survive the termination of the Trust.

Appears in 1 contract

Sources: Trust Agreement (Vs Trust)

Termination of Trust, Series or Class. (a) Unless terminated as provided herein, the Trust, and any Series or Class thereof, shall continue without limitation of time. The Trust, or any Series or Class thereof, may be dissolved at any time and for any reason by the Sponsor with written notice to the Shareholders. (b) Upon dissolution of the Trust (or any Series or Class, as the case may be), after paying or making reasonable provision for all charges, taxes, expenses, claims and liabilities of the Trust, or severally, with respect to each Series or Class (or the applicable Series or Class, as the case may be), whether due or accrued or anticipated as may be determined by the Sponsor and otherwise complying with Section 3808 of the Delaware Trust Statute, the Trust shall, in accordance with the Delaware Trust Statute and such procedures as the Sponsor considers appropriate, distribute the remaining assets in kind or reduce the remaining assets held, severally, with respect to each Series or Class (or the applicable Series or Class, as the case may be), to distributable form in cash or shares or other securities, or any combination thereof, and distribute the proceeds held with respect to each Series or Class (or the applicable Series or Class, as the case may be), to the Shareholders of that Series or Class, as a Series or Class, ratably according to the number of Shares of that Series or Class held by the several Shareholders on the date of termination. (c) Upon the completion of the winding up of the Trust in accordance with the Delaware Trust Statute and this Trust Agreement, the Sponsor shall cause the Trustee to file a certificate of cancellation with the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the Delaware Act Trust Statute and thereupon, the Trust and this Trust Agreement (other than Article VI Section 65) shall terminate. The provisions of Article VI Section 6 shall survive the termination of the Trust.

Appears in 1 contract

Sources: Declaration of Trust (Metaurus Equity Component Trust)

Termination of Trust, Series or Class. (a) Unless terminated as provided herein, the Trust, and any Series or Class thereof, shall continue without limitation of time. The Trust, or any Series or Class thereof, may be dissolved at any time and for any reason by the Sponsor Managing Owner with written notice to the Shareholders. (b) Upon dissolution of the Trust (or any Series or Class, as the case may be), after paying or making reasonable provision for all charges, taxes, expenses, claims and liabilities of the Trust, or severally, with respect to each Series or Class (or the applicable Series or Class, as the case may be), whether due or accrued or anticipated as may be determined by the Sponsor Managing Owner and otherwise complying with Section 3808 of the Delaware Trust Statute, the Trust shall, in accordance with the Delaware Trust Statute and such procedures as the Sponsor Managing Owner considers appropriate, distribute the remaining assets in kind or reduce the remaining assets held, severally, with respect to each Series or Class (or the applicable Series or Class, as the case may be), to distributable form in cash or shares or other securities, or any combination thereof, and distribute the proceeds held with respect to each Series or Class (or the applicable Series or Class, as the case may be), to the Shareholders of that Series or Class, as a Series or Class, ratably according to the number of Shares positive Capital Account balance of that Series or Class held by the several Shareholders on the date of terminationdissolution. (c) Upon the completion of the winding up of the Trust in accordance with the Delaware Trust Statute and this Trust Agreement, the Sponsor Managing Owner shall cause the Trustee to file a certificate of cancellation with the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the Delaware Act and thereupon, the Trust and this Trust Agreement (other than Article VI Section 6) shall terminate. The provisions of Article VI Section 6 shall survive the termination of the Trust.

Appears in 1 contract

Sources: Trust Agreement (Market Vectors Commodity Trust)

Termination of Trust, Series or Class. (a) Unless terminated as provided herein, the Trust, and any Series or Class thereof, shall continue without limitation of time. The Trust, or any Series or Class thereof, may be dissolved at any time and for any reason by the Sponsor with written notice to the Shareholders. (b) Upon dissolution of the Trust (or any Series or Class, as the case may be), after paying or making reasonable provision for all charges, taxes, expenses, claims and liabilities of the Trust, or severally, with respect to each Series or Class (or the applicable Series or Class, as the case may be), whether due or accrued or anticipated as may be determined by the Sponsor and otherwise complying with Section 3808 of the Delaware Trust Statute, the Trust shall, in accordance with the Delaware Trust Statute and such procedures as the Sponsor considers appropriate, distribute the remaining assets in kind or reduce the remaining assets held, severally, with respect to each Series or Class (or the applicable Series or Class, as the case may be), to distributable form in cash or shares Shares or other securities, or any combination thereof, and distribute the proceeds held with respect to each Series or Class (or the applicable Series or Class, as the case may be), to the Shareholders of that Series or Class, as a Series or Class, ratably according to the number of Shares of that Series or Class held by the several Shareholders on the date of termination. (c) Upon the completion of the winding up of the Trust in accordance with the Delaware Trust Statute and this Trust Agreement, the Sponsor shall cause the Trustee to file a certificate of cancellation with the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the Delaware Act Trust Statute and thereupon, the Trust and this Trust Agreement (other than Article VI Section 65) shall terminate. The provisions of Article VI Section 6 5 shall survive the termination of the Trust.

Appears in 1 contract

Sources: Declaration of Trust (Metaurus Equity Component Trust)

Termination of Trust, Series or Class. (a) Unless terminated as provided herein, the Trust, and any Series or Class thereof, shall continue without limitation of time. The Trust, or any Series or Class thereof, may be dissolved at any time and for any reason by the Sponsor with written notice to the Shareholders. (b) Upon dissolution of the Trust (or any Series or Class, as the case may be), after paying or making reasonable provision for all charges, taxes, expenses, claims and liabilities of the Trust, or severally, with respect to each Series or Class (or the applicable Series or Class, as the case may be), whether due or accrued or anticipated as may be determined by the Sponsor and otherwise complying with Section 3808 of the Delaware Trust Statute, the Trust shall, in accordance with the Delaware Trust Statute and such procedures as the Sponsor considers appropriate, distribute the remaining assets in kind or reduce the remaining assets held, severally, with respect to each Series or Class (or the applicable Series or Class, as the case may be), to distributable form in cash or shares or other securities, or any combination thereof, and distribute the proceeds held with respect to each Series or Class (or the applicable Series or Class, as the case may be), to the Shareholders of that Series or Class, as a Series or Class, ratably according to the number of Shares of that Series or Class held by the several Shareholders on the date of termination. (c) Upon the completion of the winding up of the Trust in accordance with the Delaware Trust Statute and this Trust Agreement, the Sponsor shall cause the Trustee to file a certificate of cancellation with the Secretary of State of the State of Delaware Delaware, at the expense of the Sponsor, in accordance with the provisions of Section 3810 of the Delaware Act and thereupon, the Trust and this Trust Agreement (other than Article VI Section 6) shall terminate. The provisions of Article VI Section 6 shall survive the termination of the Trust.

Appears in 1 contract

Sources: Trust Agreement (Direxion Shares ETF Trust II)

Termination of Trust, Series or Class. (a) Unless terminated as provided herein, the Trust, and any Series or Class thereof, Trust shall continue without limitation of time. The Trust, or any Series or Class thereof, Trust may be dissolved terminated at any time by vote of at least 66-2/3% of the Shares of each Series entitled to vote and for any reason voting separately by Series, or by the Sponsor with Trustees by written notice to the Shareholders. Shareholders (band without Shareholder approval). Any Series or class of Shares may be terminated at any time by vote of at least 66-2/3% of the Shares of that Series or class of Shares, or by the Trustees by written notice to the Shareholders of that Series or class of Shares (and without Shareholder approval). Nothing in this Declaration of Trust or the Bylaws shall restrict the power of the Trustees to terminate any Series or class of Shares by written notice to the Shareholders of such Series or class of Shares, whether or not such Shareholders have voted (or are proposed to vote) with respect to a merger, reorganization, sale of assets or similar transaction involving such Series or class of Shares. Upon dissolution termination of the Trust (or any Series or Classclass of Shares, as the case may be), after paying or making reasonable provision otherwise providing for all charges, taxes, expenses, claims expenses and liabilities of the Trustbelonging, or severally, with respect to each Series or Class (or the applicable Series or Classattributable to the particular class, as the case may be), whether due or accrued or anticipated as may be determined by the Sponsor and otherwise complying with Section 3808 of the Delaware Trust StatuteTrustees, the Trust shall, in accordance with the Delaware Trust Statute and such procedures as the Sponsor considers Trustees consider appropriate, distribute the remaining assets in kind or reduce the remaining assets heldbelonging, severally, with respect to each Series or Class (or the applicable Series or Classattributable to the particular class, as the case may be), to distributable form in cash or shares or other securities, or any combination thereof, and distribute the proceeds held with respect belonging to each Series or Class (or the applicable Series or Classattributable to the particular class, as the case may be), to the Shareholders of that Series (or Classclass, as the case may be), as a Series (or Classclass, as the case may be), ratably according to the number of Shares of that Series (or Class class, as the case may be) held by the several Shareholders on the date of termination. (c) Upon the completion of the winding up of the Trust in accordance with the Delaware Trust Statute and this Trust Agreement, the Sponsor shall cause the Trustee to file a certificate of cancellation with the Secretary of State of the State of Delaware in accordance with the provisions of Section 3810 of the Delaware Act and thereupon, the Trust and this Trust Agreement (other than Article VI Section 6) shall terminate. The provisions of Article VI Section 6 shall survive the termination of the Trust.

Appears in 1 contract

Sources: Trust Agreement (Ashmore Funds)