Common use of Disabling Conduct Clause in Contracts

Disabling Conduct. The Trustee shall be indemnified pursuant to this Section 2 against any Expenses reasonably incurred unless the Trustee incurred such Expenses by reason of the Trustee’s willful misfeasance, bad faith, gross negligence, or reckless disregard of the duties involved in the conduct of his or her office as defined in Section 17(h) of the Investment Company Act of 1940, as amended (“Disabling Conduct”).

Appears in 3 contracts

Sources: Indemnification Agreement (City National Rochdale Strategic Credit Fund), Indemnification Agreement (City National Rochdale Select Strategies Fund), Indemnification Agreement (City National Rochdale Select Strategies Fund)

Disabling Conduct. The Trustee shall be indemnified pursuant to this Section 2 1 against any such Expenses reasonably incurred unless the Trustee incurred is subject to such Expenses by reason of the Trustee’s willful misfeasance, bad faith, gross negligence, or reckless disregard of the duties involved in the conduct of his or her office as defined in such Section 17(h) of the Investment Company 1940 Act of 1940, as amended (“Disabling Conduct”).

Appears in 3 contracts

Sources: Indemnification Agreement (Hotchkis & Wiley Funds /De/), Indemnification Agreement (Pacific Funds), Indemnification Agreement (Pacific Select Fund)

Disabling Conduct. The Trustee shall be indemnified pursuant to this Section 2 1 against any such Expenses reasonably incurred unless the Trustee incurred is subject to such Expenses by reason of the Trustee’s willful misfeasance, bad faith, gross negligence, or reckless disregard of the duties involved in the conduct of his or her office as defined in Section 17(h) of the Investment Company 1940 Act of 1940, as amended (“Disabling Conduct”).

Appears in 2 contracts

Sources: Indemnification Agreement (Pacific Select Fund), Indemnification Agreement (Pacific Select Fund)

Disabling Conduct. The Trustee shall be indemnified pursuant to this Section 2 1 against any and all Expenses reasonably incurred unless the Trustee incurred is subject to such Expenses by reason of the Trustee’s 's willful misfeasance, bad faith, gross negligence, or reckless disregard of the duties involved in the conduct of his or her office as defined in for purposes of Section 17(h) of the Investment Company Act of 1940, as amended ("Disabling Conduct").

Appears in 2 contracts

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

Disabling Conduct. The Trustee shall be indemnified pursuant to this Section 2 1 against any such Expenses reasonably incurred unless the Trustee incurred is subject to such Expenses by reason of the Trustee’s willful misfeasance, bad faith, gross negligence, or reckless disregard of the duties involved in the conduct of his or her office as defined in Section 17(h) of the Investment Company 1940 Act of 1940, as amended (“Disabling Conduct”).

Appears in 1 contract

Sources: Indemnification Agreement (Pacific Select Fund)

Disabling Conduct. The Independent Trustee shall be indemnified pursuant to this Section 2 against any Expenses reasonably incurred unless the Trustee incurred such Expenses arose by reason of the Trustee’s 's willful misfeasance, bad faith, gross negligence, or reckless disregard of the duties involved in the conduct of his or her office as defined in Section 17(h) of the Investment Company Act of 1940, as amended ("Disabling Conduct").

Appears in 1 contract

Sources: Indemnification Agreement (Advisory Hedged Opportunity Fund)

Disabling Conduct. The Trustee shall be indemnified pursuant to this Section 2 1 against any such Expenses reasonably incurred unless the Trustee incurred is subject to such Expenses by reason of the Trustee’s 's willful misfeasance, bad faith, gross negligence, or 01 reckless disregard of the duties involved in the conduct of his or her office as defined in such Section 17(hl 7(h) of the Investment Company 1940 Act of 1940, as amended ("Disabling Conduct").

Appears in 1 contract

Sources: Reorganization Agreement (Pacific Funds Series Trust)

Disabling Conduct. The Trustee shall be indemnified pursuant to this Section 2 1 against any and all such Expenses reasonably incurred unless the Trustee incurred is subject to such Expenses by reason of the Trustee’s willful misfeasance, bad faith, gross negligence, or reckless disregard of the duties involved in the conduct of his or her office as defined in Section 17(h) of the Investment Company 1940 Act of 1940, as amended (“Disabling Conduct”)) and there has been a Final Decision on the merits in the relevant Proceeding that the Trustee’s conduct was Disabling Conduct.

Appears in 1 contract

Sources: Indemnification Agreement (TCG Strategic Income Fund)