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 68 contracts
Samples: Agreement and Declaration of Trust (Pender Real Estate Credit Fund), Agreement and Declaration of Trust (Privacore PCAAM Alternative Income Fund), Privacore PCAAM Alternative Growth 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
Samples: Agreement And (Carlyle Select Trust), Agreement And (Oaktree Funds), Agreement And (TCW Alternative Funds)
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 8 contracts
Samples: Agreement and Declaration of Trust (VII Peaks Co-Optivist Income Fund), Agreement and Declaration of Trust (Alti Private Equity Access & Commitments Fund), Forum Real Estate (Forum Real Estate Income Fund)
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
Samples: Agreement and Declaration of Trust (FSI Low Beta Absolute Return 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.. 2.41
Appears in 1 contract
Samples: Investment Services for Education Associations 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 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
Samples: Provident Institutional Funds Agreement (Temporary Investment Fund Inc)
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.. 24 | P a g e
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Forum CRE Income 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
Samples: Goldman Sachs 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 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.. Section 8.4
Appears in 1 contract
Samples: New Alternatives Fund Agreement and Declaration (New Alternatives 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
Samples: Agreement and Declaration of Trust (FSI Low Beta Absolute Return Fund, TEI)