Delaware Statutory Trust. If the Pricing Supplement indicates that the Trust is a Delaware Statutory Trust, the following shall constitute the Trust Agreement. STATUTORY TRUST AGREEMENT by and among AMACAR Pacific Corp., as Trust Beneficial Owner and Administrator and Wilmington Trust Company, as Delaware Trustee THIS STATUTORY TRUST AGREEMENT, dated as of the Execution Date, by and among AMACAR Pacific Corp., a Delaware corporation (the "Trust Beneficial Owner" and "Administrator") and Wilmington Trust Company, a Delaware banking corporation, as Delaware Trustee (the "Delaware Trustee").
Delaware Statutory Trust. Each of the Funds listed on Exhibit A attached hereto is a Delaware statutory trust established under an Agreement and Declaration of Trust. The obligations of such Funds are not personally binding upon, nor shall recourse be had against the private property of, any of the Trustees, shareholders, officers, employees or agents of the Funds, but only the property of such Funds shall be bound.
Delaware Statutory Trust. A Delaware statutory trust, known as the Mellon GSL Reinvestment Trust (the “Trust”), has been established for the purpose of investment and reinvestment of Cash Collateral on behalf of clients in the securities lending programs of the Lending Agent and its affiliates, particularly clients who are not eligible to participate in collective trusts or common trust funds maintained by the Lending Agent or its affiliates. A complete copy of the Declaration of Trust establishing the Trust is available upon request.
Delaware Statutory Trust. This Agreement shall for all purposes be and is construed to be a separate agreement between the Administrator and each Portfolio, as if the Administrator and such Portfolio had entered into a separate agreement, and under no circumstances will any Portfolio have any liability arising from or relating to the Administrator’s provision of services to any other Portfolio (whether or not a series of the same Fund), or the arrangements contemplated by this Agreement between the Administrator and any other Portfolio. Any reference in this Agreement to “the parties” shall mean the Administrator and such individual Portfolio as to which the matter pertains. A copy of the Certificate of Trust of the Fund is on file with the Secretary of State of Delaware, and this Agreement has been executed on behalf of such Fund by an officer of the Fund in his or her capacity as an officer and this Agreement has not been executed by such officer in his or her individual capacity. The obligations under this Agreement of the Fund or any Portfolio thereof shall not be binding upon any of the trustees, shareholders, nominees, officers, agents, or employees of the Fund or Portfolio individually, but shall bind only the Fund or Portfolio and the trust property of the Fund or Portfolio, as applicable.
Delaware Statutory Trust. A copy of the Certificate of Trust of the Trust is on file with the Secretary of State of Delaware, and notice is hereby given that this Certificate is executed on behalf of the Trust by an officer or trustee of the Trust in his or her capacity as an officer or trustee of the Trust and not individually and that the obligations of or arising out of this instrument are not binding upon any of the trustees, officers or shareholders individually but are binding only upon the assets and property of the Trust. [signatures on following pages] If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument, along with all counterparts, will become a binding agreement among the Underwriters, the Trust, the Administrator and Investment Advisor in accordance with its terms. Very truly yours, XXXXXX UTILITY INCOME FUND By: Name: Title: ALPS Mutual Funds Services, Inc. By: Name: Title: X.X. XXXXXX & CO., INC. By: Name: Title: CONFIRMED AND ACCEPTED, as of the date first above written: XXXXXXX XXXXX & CO. XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED X.X. XXXXXXX & SONS, INC. BNY CAPITAL MARKETS, INC. By: Xxxxxxx Xxxxx & Co. Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated By: Authorized Signatory For itself and as Representative of the other Underwriters named in Schedule A hereto. 22 SCHEDULE A Name of Underwriter Number of AMPS Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated [ ] X. X. Xxxxxxx & Sons, Inc. [ ] BNY Capital Markets, Inc. [ ] Total 9,600 Sch A-1 SCHEDULE B Xxxxxx Utility Income Fund 3,200 Auction Market Preferred Shares, Series M7 3,200 Auction Market Preferred Shares, Series F7 3,200 Auction Market Preferred Shares, Series W28 Liquidation Preference $25,000 per share
Delaware Statutory Trust. A copy of the Certificate of Trust of the Fund is on file with the Secretary of State of Delaware, and this Agreement has been executed on behalf of such Fund by an officer of the Fund in his or her capacity as an officer and this Agreement has not been executed by such officer in his or her individual capacity. The obligations under this Agreement of the Fund or any Portfolio thereof shall not be binding upon any of the trustees, shareholders, nominees, officers, agents, or employees of the Fund or Portfolio individually, but shall bind only the Fund or Portfolio and the trust property of the Fund or Portfolio, as applicable.
Delaware Statutory Trust. A copy of the Certificate of Trust of the Trust is on file with the Secretary of State of Delaware, and notice is hereby given that this Certificate is executed on behalf of the Trust by an officer or trustee of the Trust in his or her capacity as an officer or trustee of the Trust and not individually and that the obligations of or arising out of this instrument are not binding upon any of the trustees, officers or shareholders individually but are binding only upon the assets and property of the Trust. [signatures on following pages] If the foregoing is in accordance with your understanding of our agreement, please sign and return to us a counterpart hereof, whereupon this instrument, along with all counterparts, will become a binding agreement among the Underwriters, the Trust, the Administrator and the Investment Adviser in accordance with its terms. Very truly yours, XXXXXX GLOBAL OPPORTUNITIES FUND By: Name: Title: ALPS MUTUAL FUNDS SERVICES, INC. By: Name: Title: XXXXXX CAPITAL PARTNERS L.P. By: Name: Title: CONFIRMED AND ACCEPTED, as of the date first above written: XXXXXXX XXXXX & CO. XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED By: Authorized Signatory 22 SCHEDULE A Number of AMPS Name of Underwriter Series [ ] Series [ ] Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated [ ] [ ] Citigroup Global Markets Inc. [ ] [ ] X.X. Xxxxxxx & Sons, Inc. [ ] [ ] Sch A-1 SCHEDULE B Xxxxxx Global Opportunities Fund 3,600 Shares [ ] %, Series M7 3,600 Shares [ ]%, Series W7 3,600 Shares [ ] %, Series F7 3,600 Shares [ ]%, Series T28 3,600 Shares [ ]%, Series Th28 Liquidation Preference $25,000 per Share
Delaware Statutory Trust. The parties agree that no Trustee or shareholder of the Trust shall be personally liable for any debts, liabilities, obligations or expenses incurred by, or contracted for under this Agreement.
Delaware Statutory Trust. A copy of the Amended and Restated Declaration of Trust of AET is on file with the Commission, and notice is hereby given that this instrument is executed by or on behalf of the trustees of AET on behalf of the New Fund as trustees and not individually, and that the obligations of this instrument are not binding upon any of the trustees or officers of AET or shareholders of such New Fund individually, but are binding only upon the assets and property of a New Fund. A copy of the Agreement and Declaration of Trust of OET is on file with the Commission, and notice is hereby given that this instrument is executed with the authority of the Board of Trustees of OET and that the obligations of this instrument are not binding upon any of the trustees or officers of OET or shareholders of an Existing Fund individually, but are binding only upon the assets and property of such Existing Fund. It is expressly agreed that the obligations of the parties hereunder shall not be binding upon any of their respective directors or trustees, Shareholders, nominees, officers, agents, or employees personally, but shall bind only the property of an Existing Fund or a New Fund as provided in OET's Agreement and Declaration of Trust or AET's Amended and Restated Declaration of Trust, respectively. The execution and delivery by such officers shall not be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the property of such party.
Delaware Statutory Trust. Notwithstanding the foregoing provisions of this Article 6, at any time after the earlier of (i) one (1) year from the date hereof and (ii) thirty (30) days following a Securitization, Borrower shall be permitted in accordance with Lender’s then current guidelines (including, without limitation, requirements relating to the maximum number of owners of beneficial interests, minimum ownership investment amount for each beneficial owner and/or minimum or maximum beneficial ownership percentages in the Property) to sell up to forty-nine percent (49%) of its interest in the Property as beneficial ownership interests in the Delaware Statutory Trust (a “DST”) to be established in connection with the terms hereof (“DST Transfers”) to certain Persons in accordance with the terms hereof (a “DST Beneficial Transferee”), provided that each such sale shall have no Material Adverse Effect and shall not otherwise have an adverse effect on Lender or its rights under the Loan Documents or on Borrower’s obligations under the Loan Documents and each of the following terms and conditions are satisfied:
