Indemnification Determinations. Indemnification of a Covered Person pursuant to Section 8.2 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by reason of Disabling Conduct or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.
Appears in 105 contracts
Sources: Advisor Linx Private Strategies Fund Agreement and Declaration of Trust (Advisor Linx Private Strategies Fund), Agreement and Declaration of Trust (Megacorn Fund), Agreement and Declaration of Trust (Redwood Private Real Estate Debt Fund)
Indemnification Determinations. Indemnification of a Covered an Indemnified Person pursuant to Section 8.2 8.4 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Indemnified Person was not liable by reason of Disabling Conduct or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Indemnified Person was not liable by reason of Disabling Conduct.
Appears in 11 contracts
Sources: Trust Agreement (Aristotle Funds Series Trust), Agreement and Declaration of Trust (Lord Abbett Trust I), Agreement and Declaration of Trust (Gabelli Innovations Trust)
Indemnification Determinations. Indemnification of a Covered Person pursuant to Section 8.2 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by reason of Disabling Conduct Conduct, or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.
Appears in 10 contracts
Sources: Agreement and Declaration of Trust (Origin Real Estate Credit Interval Fund), Agreement and Declaration of Trust (Alti Private Equity Access & Commitments Fund), Amended and Restated Agreement and Declaration of Trust (Forum Real Estate Income Fund)
Indemnification Determinations. Indemnification of a Covered ------------------------------ Person pursuant to Section 8.2 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by reason of Disabling Conduct or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.
Appears in 1 contract
Sources: Provident Institutional Funds Agreement and Declaration of Trust (Temporary Investment Fund Inc)
Indemnification Determinations. Indemnification of a Covered Person pursuant to Section 8.2 9.2 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by reason of Disabling Conduct Conduct, or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.
Appears in 1 contract
Sources: Trust Agreement (FSI Low Beta Absolute Return Fund, TEI)
Indemnification Determinations. Indemnification of a Covered Person pursuant to Section 8.2 8 .2 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by reason of Disabling Conduct Conduct, or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.
Appears in 1 contract
Sources: Agreement and Declaration of Trust (FSI Low Beta Absolute Return Fund)
Indemnification Determinations. Indemnification of a the Covered Person pursuant to Section 8.2 6.4 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by a reason of Disabling Conduct Conduct, or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.
Appears in 1 contract
Sources: Agreement and Declaration of Trust (Goldman Sachs Trust)