Unassociated Document
STATE
OF DELAWARE
CERTIFICATE
OF CORRECTION
TO
CERTIFICATE
OF TRUST
OF
INVESTMENT
MANAGERS SERIES TRUST
Pursuant to Title 12, Section 3810(e)
of the Delaware Statutory Trust Act (the “Act”), the undersigned trustee of
Investment Managers Series Trust, a Delaware statutory trust, formerly known as
Claymore Equity Trust and Claymore Trust (the "Trust"), hereby
certifies as follows:
1. The
name of the statutory trust is Investment Managers Series
Trust.
2. The
Certificate of Trust of the Trust was filed with the Office of the Secretary of
State of the State of Delaware (the "Secretary of State")
on February 15, 2005 (the "Certificate of
Trust"). A Certificate of Amendment to the Certificate of
Trust was filed with the Secretary of State on June 2, 2005, changing the name
of the Trust from Claymore Equity Trust to Claymore Trust. A
Certificate of Amendment to the Certificate of Trust was filed with the
Secretary of State on December 5, 2007, changing the name of the Trust from
Claymore Trust to Investment Managers Series Trust.
3. The
Certificate of Trust requires correction as permitted by Section 3810(e) of the
Delaware Statutory Trust Act.
4. The
inaccuracy or defect in the Certificate of Trust to be corrected is the omission
of a provision authorizing the issuance of series as provided in Sections 3804
and 3806(b)(2) of the Act. The Certificate of Trust should be
corrected to add the following provision:
"4. Series
Trust. The Trust may issue series of beneficial interests,
having separate rights, powers or duties with respect to property or obligations
of the Trust, as provided in Sections 3804 and 3806(b)(2) of the Act, such that
the debts, liabilities, obligations and expenses incurred, contracted for or
otherwise existing with respect to a particular series shall be enforceable
against the assets of such series only, and not against the assets of the Trust
generally or any other series, and, unless otherwise provided in the governing
instrument, none of the debts, liabilities, obligations and expenses incurred,
contracted for or otherwise existing with respect to the Trust generally or any
series thereof shall be enforceable against the assets of the Trust generally or
of any other series."
[signature
page follows]
IN
WITNESS WHEREOF, the undersigned trustee has caused this Certificate of
Correction to be executed this 23rd day of November, 2009.
|
Company
Name |
|
|
|
|
|
|
By:
|
/s/ Eric
Banhazl |
|
|
|
Name: Eric
Banhazl
Title:
Trustee
|
|