Common use of Continuation of Provisions Clause in Contracts

Continuation of Provisions. This Agreement shall be binding upon all successors of the Trust, including without limitation any transferee of all or substantially all assets of a Series and any successor by merger, consolidation or operation of law and shall inure to the benefit of the Trustee's spouse, heirs, assigns, devisees, executors, administrators and legal representatives. The provisions of this Agreement shall continue with respect to the Trust until the later of (i) ten (10) years after the Trustee has ceased to provide any service to the Trust or any Series and (ii) the final termination of all Proceedings in respect of which the Trustee has asserted, is entitled to assert or has been granted rights of indemnification or advancement of Expenses hereunder and of any proceeding commenced by the Trustee pursuant to Section 6 relating thereto. No amendment of the Trust's Agreement and Declaration of Trust or By-Laws of the Trust shall limit or eliminate the right of the Trustee to indemnification and advancement of Expenses set forth in this Agreement.

Appears in 7 contracts

Samples: Indemnification Agreement (Huntington Funds), Indemnification Agreement (Huntington Funds), Indemnification Agreement (Huntington Funds)

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Continuation of Provisions. This Agreement shall be binding upon all successors of the Trust, including without limitation any transferee of all or substantially all assets of a Series and any successor by merger, consolidation or operation of law and shall inure to the benefit of the Trustee's ’s spouse, heirs, assigns, devisees, executors, administrators and legal representatives. The provisions of this Agreement shall continue with respect to the Trust until the later of (i) ten (10) years after the Trustee has ceased to provide any service to the Trust or any Series and (ii) the final termination of all Proceedings in respect of which the Trustee has asserted, is entitled to assert or has been granted rights of indemnification or advancement of Expenses hereunder and of any proceeding commenced by the Trustee pursuant to Section 6 relating thereto. No amendment of the Trust's Agreement and Declaration of Trust or Byby-Laws laws of the Trust shall limit or eliminate the right of the Trustee to indemnification and advancement of Expenses set forth in this Agreement. The Trustee’s right of indemnification and advancement of Expenses set forth in this Agreement shall survive the Trustee’s death, disability, retirement or resignation as a Trustee.

Appears in 6 contracts

Samples: Indemnification Agreement (Virtus Opportunities Trust), Indemnification Agreement (Virtus Retirement Trust), Indemnification Agreement (Virtus Equity Trust)

Continuation of Provisions. This Agreement shall be binding upon all successors of the Trust, including without limitation any transferee of all or substantially all assets of a Series the Trust and any successor by merger, consolidation or operation of law law, and shall inure to the benefit of the Trustee's ’s spouse, heirs, assigns, devisees, executors, administrators and legal representatives. The provisions of this Agreement shall continue with respect to the Trust until the later of (i1) ten (10) years after the Trustee has ceased to provide any service to the Trust or any Series Trust, and (ii2) the final termination of all Proceedings in respect of which the Trustee has asserted, is entitled to assert assert, or has been granted rights of indemnification or advancement of Expenses hereunder and of any proceeding commenced by the Trustee pursuant to Section 6 5 relating thereto. No amendment of the Trust's Agreement and Declaration of Trust or By-Laws of the Trust Governing Documents shall limit or eliminate the right of the Trustee to indemnification and advancement of Expenses set forth in this Agreement.

Appears in 3 contracts

Samples: Form of Indemnification Agreement (Baillie Gifford Funds), Form of Indemnification Agreement (Baillie Gifford Funds), Form of Indemnification Agreement (Baillie Gifford Funds)

Continuation of Provisions. This Agreement shall be binding upon all successors of the Trust, including without limitation any transferee of all or substantially all assets of a Series the Trust and any successor by merger, consolidation or operation of law law, and shall inure to the benefit of the Trustee's ’s spouse, heirs, assigns, devisees, executors, administrators and legal representatives. The provisions of this Agreement shall continue with respect to the Trust until the later of (i) ten (10) years after the Trustee has ceased to provide any service to the Trust or any Series Trust, and (ii2) the final termination of all Proceedings in respect of which the Trustee has asserted, is entitled to assert assert, or has been granted rights of indemnification or advancement of Expenses hereunder and of any proceeding commenced by the Trustee pursuant to Section 6 5 relating thereto. No amendment of the Trust's Agreement and Declaration of Trust or By-Laws of the Trust shall limit or eliminate the right of the Trustee to indemnification and advancement of Expenses set forth in this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Impax Funds Series Trust Iii), Indemnification Agreement (Impax Funds Series Trust I)

Continuation of Provisions. This Agreement shall be binding upon all successors of the TrustFund, including without limitation any transferee of all or substantially all assets of a Series the Fund and any successor by merger, consolidation consolidation, or operation of law law, and shall inure to the benefit of the Trustee's spouse, heirs, assigns, devisees, executors, administrators and legal representatives. The provisions of this Agreement shall continue with respect to the Trust until the later of (i1) ten (10) years after the Trustee has ceased to provide any service to the Trust or any Series Fund, and (ii2) the final termination of all Proceedings in respect of which the Trustee has asserted, is entitled to assert assert, or has been granted rights of indemnification or advancement of Expenses hereunder and of any proceeding commenced by the Trustee pursuant to Section 6 5 relating thereto. No amendment of the Trust's Amended and Restated Master Trust Agreement and Declaration of Trust or By-Laws Bylaws of the Trust Fund shall limit or eliminate the right of the Trustee to indemnification and advancement of Expenses set forth in this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Van Eck Worldwide Insurance Trust), Indemnification Agreement (Van Eck Funds)

Continuation of Provisions. This Agreement shall be binding upon all successors of the Trust, including without limitation any transferee of all or substantially all assets of a Series the Trust and any successor by merger, consolidation consolidation, or operation of law law, and shall inure to the benefit of the Trustee's ’s spouse, heirs, assigns, devisees, executors, administrators and legal representatives. The provisions of this Agreement shall continue with respect to the Trust until the later of (i1) ten (10) years after the Trustee has ceased to provide any service to the Trust or any Series Trust, and (ii2) the final termination of all Proceedings in respect of which the Trustee has asserted, is entitled to assert assert, or has been granted rights of indemnification or advancement of Expenses hereunder and of any proceeding commenced by the Trustee pursuant to Section 6 3 relating thereto. No amendment of the Trust's Agreement and Declaration of Trust or By-Laws of the Trust shall limit or eliminate the right of the Trustee to indemnification and advancement of Expenses set forth in this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Aristotle Funds Series Trust), Indemnification Agreement (Aristotle Funds Series Trust)

Continuation of Provisions. This Agreement shall be binding upon all successors of the Trust, including without limitation any transferee of all or substantially all assets of a Series the Trust and any successor by merger, consolidation consolidation, or operation of law law, and shall inure to the benefit of the Trustee's ’s spouse, heirs, assigns, devisees, executors, administrators and legal representatives. The provisions of this Agreement shall continue with respect to the Trust until the later of (i1) ten (10) years after the Trustee has ceased to provide any service to the Trust Trust, or any Series and (ii2) the final termination of all Proceedings in respect of which the Trustee has asserted, is entitled to assert assert, or has been granted rights of indemnification or advancement of Expenses expenses hereunder and of any proceeding commenced by the Trustee pursuant to Section 6 4 relating thereto. No amendment of the Trust's Agreement and Declaration of Trust or By-Laws of the Trust shall limit or eliminate the right of the Trustee to indemnification and advancement of Expenses expenses set forth in this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Pacific Select Fund)

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Continuation of Provisions. This Agreement shall be binding upon all successors of the Trust, including without limitation any transferee of all or substantially all assets of a Series the Trust and any successor by merger, consolidation consolidation, or operation of law law, and shall inure to the benefit of the Trustee's ’s spouse, heirs, assigns, devisees, executors, administrators and legal representatives. The provisions of this Agreement shall continue with respect to the Trust until the later of (i1) ten (10) years after the Trustee has ceased to provide any service to the Trust or any Series Trust, and (ii2) the final termination of all Proceedings in respect of which the Trustee has asserted, is entitled to assert assert, or has been granted rights of indemnification or advancement of Expenses hereunder and of any proceeding commenced by the Trustee pursuant to Section 6 5 relating thereto. No amendment of the Trust's Agreement and Declaration of Trust or By-Laws Governing Documents of the Trust shall limit or eliminate the right of the Trustee to indemnification and advancement of Expenses set forth in this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Putnam ETF Trust)

Continuation of Provisions. This Agreement shall be binding upon all successors of the Trust, including without limitation any transferee of all or substantially all assets of a Series the Trust and any successor by merger, consolidation consolidation, or operation of law law, and shall inure to the benefit of the Trustee's ’s spouse, heirs, assigns, devisees, executors, administrators and legal representatives. The provisions of this Agreement shall continue with respect to the Trust until the later of (i1) ten (10) years after the Trustee has ceased to provide any service to the Trust or any Series Trust, and (ii2) the final termination of all Proceedings in respect of which the Trustee has asserted, is entitled to assert assert, or has been granted rights of indemnification or advancement of Expenses hereunder and of any proceeding commenced by the Trustee pursuant to Section 6 relating thereto. No amendment of the Trust's Agreement and Declaration of Trust or By-Laws of the Trust shall limit or eliminate the right of the Trustee to indemnification and advancement of Expenses set forth in this Agreement.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Hotchkis & Wiley Funds /De/)

Continuation of Provisions. This Agreement shall be binding upon all successors of the Trust, including without limitation any transferee of all or substantially all assets of a Series and any successor by merger, consolidation or operation of law and shall inure to the benefit of the Trustee's ’s spouse, heirs, assigns, devisees, executors, administrators and legal representatives. The provisions of this Agreement shall continue with respect to the Trust until the later of (i) ten (10) years after the Trustee has ceased to provide any service to the Trust or any Series and (ii) the final termination of all Proceedings in respect of which the Trustee has asserted, is entitled to assert or has been granted rights of indemnification or advancement of Expenses hereunder and of any proceeding commenced by the Trustee pursuant to Section 6 relating thereto. No amendment of the Trust's ’s Agreement and Declaration of Trust or By-Laws of the Trust shall limit or eliminate the right of the Trustee to indemnification and advancement of Expenses set forth in this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Huntington Funds)

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