Common use of Continuation of Provisions Clause in Contracts

Continuation of Provisions. This Agreement shall be binding upon all successors of the Fund, including without limitation any transferee of all or substantially all assets of the Fund 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 until the later of (1) ten years after the Trustee has ceased to provide any service to the Fund, and (2) 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 5 relating thereto. No amendment of the Agreement and Declaration of Trust or By-Laws of the Fund 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 (Pax World Funds Series Trust I)

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Continuation of Provisions. This Agreement shall be binding upon all successors of the FundCorporation, including without limitation any transferee of all or substantially all assets of the Fund Corporation and any successor by merger, consolidation consolidation, or operation of law, and shall inure to the benefit of the TrusteeIndemnitee’s spouse, heirs, assigns, devisees, executors, administrators and legal representatives. The provisions of this Agreement shall continue until the later of (1i) ten (10) years after the Trustee Indemnitee has ceased to provide any service Service to the FundCorporation, and (2ii) the final termination of all Proceedings in respect of which the Trustee Indemnitee has asserted, is entitled to assert, or has been granted rights of indemnification or advancement of Expenses hereunder and of any proceeding Proceeding commenced by the Trustee Indemnitee pursuant to Section 5 relating thereto. No amendment of the Agreement and Declaration of Trust or By-Laws charter of the Fund Corporation or by-laws of the Corporation shall limit or eliminate the right of the Trustee Indemnitee to indemnification and advancement of Expenses set forth in this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (AG Mortgage Investment Trust, Inc.)

Continuation of Provisions. This Agreement shall be binding upon all successors of the FundCompany, including without limitation any transferee of all or substantially all assets of the Fund Company and any successor by merger, consolidation or operation of law, and shall inure to the benefit of the TrusteeIndemnitee’s spouse, heirs, assigns, devisees, executors, administrators and legal representatives. The provisions of this Agreement shall continue until the later of (1) ten years after the Trustee Indemnitee has ceased to provide any service to the FundCompany, and (2) the final termination of all Proceedings in respect of which the Trustee Indemnitee 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 Indemnitee pursuant to Section 5 relating thereto. No amendment to the certificate of incorporation or by-laws of the Agreement and Declaration of Trust or By-Laws of the Fund Company shall limit or eliminate the right of the Trustee Indemnitee to indemnification and advancement of Expenses set forth in this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Kohlberg Capital, LLC)

Continuation of Provisions. This Agreement shall be binding upon all successors of the FundCompany, including without limitation any transferee of all or substantially all assets of the Fund Company and any successor by merger, consolidation consolidation, or operation of law, and shall inure to the benefit of the TrusteeIndemnitee’s spouse, heirs, assigns, devisees, executors, administrators administrators, and legal representatives. The provisions of this Agreement shall continue until the later of and terminate ten (110) ten years after the Trustee Indemnitee has ceased to provide any service to the FundCompany; provided, and (2) that the rights of the Indemnitee hereunder shall continue until the final termination disposition of all Proceedings any Proceeding then pending in respect of which the Trustee has asserted, Indemnitee is entitled to assert, or has been granted rights of indemnification or advancement of Expenses hereunder Expenses, and of any proceeding commenced by the Trustee Indemnitee pursuant to Section 5 relating thereto9 of this Agreement. No amendment to the certificate of incorporation or bylaws of the Agreement and Declaration of Trust or By-Laws of the Fund Company shall limit or eliminate the right of the Trustee Indemnitee to indemnification and advancement of Expenses set forth in this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Hunting Dog Capital Corp.)

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Continuation of Provisions. This Agreement shall be binding upon all successors of the FundTrust, including without limitation any transferee of all or substantially all assets of the Fund Trust 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 until the later of (1) ten years after the Trustee has ceased to provide any service to the FundTrust, and (2) 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 5 relating thereto. No amendment of the Agreement and Declaration of Trust or By-Laws of the Fund 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 (Pax World Funds Series Trust Iii)

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