Expenses of Appeal. If the Trustee seeks arbitration or a judicial adjudication to determine or enforce his or her rights under, or to recover damages for breach of, the indemnification or Expense advancement provisions of this Agreement, the Trustee shall be entitled to recover from the relevant Series, and shall be indemnified by the relevant Series against, any and all Expenses actually incurred by the Trustee in such arbitration or judicial adjudication, but only if the Trustee prevails therein. If it shall be determined in such arbitration or judicial adjudication that the Trustee is entitled to receive part but not all of the indemnification or advancement of Expenses sought, the expenses incurred by the Trustee in connection with such arbitration or judicial adjudication shall be appropriately prorated.
Appears in 22 contracts
Samples: Form of Indemnification Agreement (Virtus Opportunities Trust), Indemnification Agreement (Merger Fund Vl), Indemnification Agreement (Allianz Funds)
Expenses of Appeal. If the Trustee seeks arbitration or a judicial adjudication to determine or enforce his or her rights under, or to recover damages for breach of, the indemnification or Expense advancement provisions of this Agreement, the Trustee shall be entitled to recover from the relevant SeriesTrust, and shall be indemnified by the relevant Series Trust against, any and all Expenses actually and reasonably incurred by the Trustee in such arbitration or judicial adjudication, but only if the Trustee prevails therein. If it shall be determined in such arbitration or judicial adjudication that the Trustee is entitled to receive part but not all of the indemnification or advancement of Expenses sought, the expenses incurred by the Trustee in connection with such arbitration or judicial adjudication shall be appropriately prorated.
Appears in 8 contracts
Samples: Form of Indemnification Agreement (Baillie Gifford Funds), Form of Indemnification Agreement (Baillie Gifford Funds), Indemnification Agreement (Impax Funds Series Trust I)
Expenses of Appeal. If the Trustee seeks arbitration or a judicial adjudication of or an award in arbitration to determine or enforce his or her rights under, or to recover damages for breach of, the indemnification or Expense advancement provisions of this Agreement, the Trustee shall be entitled to recover from the relevant SeriesTrust, and shall be indemnified by the relevant Series Trust against, any and all Expenses actually and reasonably incurred by the Trustee in such arbitration judicial adjudication or judicial adjudicationarbitration, but only if the Trustee prevails therein. If it shall be determined in such arbitration or judicial adjudication or arbitration that the Trustee is entitled to receive part but not all of the indemnification or advancement of Expenses sought, the expenses incurred by the Trustee in connection with such arbitration or judicial adjudication or arbitration shall be appropriately prorated.
Appears in 7 contracts
Samples: Indemnification Agreement (Aristotle Funds Series Trust), Indemnification Agreement (Aristotle Funds Series Trust), Indemnification Agreement (Pacific Select Fund)
Expenses of Appeal. If the Trustee seeks arbitration or a judicial adjudication to determine or enforce his or her rights under, or to recover damages for breach of, the indemnification or Expense advancement provisions of this Agreement, the Trustee shall be entitled to recover from the relevant SeriesFund, and shall be indemnified by the relevant Series Fund against, any and all Expenses actually and reasonably incurred by the Trustee in such arbitration or judicial adjudication, but only if the Trustee prevails therein. If it shall be determined in such arbitration or judicial adjudication that the Trustee is entitled to receive part but not all of the indemnification or advancement of Expenses sought, the expenses incurred by the Trustee in connection with such arbitration or judicial adjudication shall be appropriately prorated.
Appears in 5 contracts
Samples: Form of Indemnification Agreement (Pax World Funds Series Trust I), Indemnification Agreement (Van Eck Funds), Form of Indemnification Agreement (CMG Fund Trust)
Expenses of Appeal. If the Trustee seeks arbitration or a judicial adjudication to determine or enforce his or her rights under, or to recover damages for breach of, the indemnification or Expense advancement provisions of this Agreement, the Trustee shall be entitled to recover from the relevant SeriesTrust, and shall be indemnified by the relevant Series such Trust against, any and all Expenses actually and reasonably incurred by the Trustee in such arbitration or judicial adjudication, but only if the Trustee prevails therein. If it shall be determined in such arbitration or judicial adjudication that the Trustee is entitled to receive part but not all of the indemnification or advancement of Expenses sought, the expenses incurred by the Trustee in connection with such arbitration or judicial adjudication shall be appropriately prorated.
Appears in 2 contracts
Samples: Indemnification Agreement (Putnam Multi-Cap Growth Fund), Indemnification Agreement (Putnam Variable Trust)
Expenses of Appeal. If the Trustee seeks arbitration or a judicial adjudication of or an award in arbitration to determine or enforce his or her rights under, or to recover damages for breach of, the indemnification or Expense advancement provisions of this Agreement, the Trustee shall be entitled to recover from the relevant SeriesTrust, and shall be indemnified by the relevant Series Trust against, any and all Expenses actually and reasonably incurred by the Trustee in such arbitration judicial adjudication or judicial adjudicationarbitration, but only if the Trustee prevails therein. If it shall be determined in such arbitration or judicial adjudication or arbitration that the Trustee is entitled to receive part but not all of the indemnification or advancement of Expenses sought, the expenses incurred by the Trustee in connection with such arbitration or judicial adjudication or arbitration shall be appropriately prorated.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Pacific Funds Series Trust)
Expenses of Appeal. If the Trustee seeks arbitration or a judicial adjudication to determine or enforce his or her rights under, or to recover damages for breach of, the indemnification or Expense advancement provisions of this Agreement, the Trustee shall be entitled to recover from the relevant SeriesFund, and shall be indemnified by the relevant Series Fund against, any and all Expenses actually incurred by the Trustee in such arbitration or judicial adjudication, but only if the Trustee prevails therein. If it shall be determined in such arbitration or judicial adjudication that the Trustee is entitled to receive part but not all of the indemnification or advancement of Expenses sought, the expenses incurred by the Trustee in connection with such arbitration or judicial adjudication shall be appropriately prorated.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Virtus Stone Harbor Emerging Markets Income Fund)
Expenses of Appeal. If the Trustee seeks arbitration or a judicial adjudication to determine or enforce his or her rights under, or to recover damages for breach of, the indemnification or Expense advancement provisions of this Agreement, the Trustee shall be entitled to recover from the relevant SeriesTrust, and shall be indemnified by the relevant Series Trust against, any and all Expenses actually and reasonably incurred by the Trustee in such the arbitration or judicial adjudication, but only if the Trustee prevails thereinprevails. If it shall be is determined in such the arbitration or judicial adjudication that the Trustee is entitled to receive part but not all of the indemnification or advancement of Expenses sought, the expenses incurred by the Trustee in connection with such arbitration or judicial adjudication shall be appropriately prorated.
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