Common use of Liabilities Held with Respect to a Particular Series Clause in Contracts

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 128 contracts

Samples: Ubs Funds, Ubs Funds, Ubs Funds

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Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 19 contracts

Samples: Agreement and Declaration of Trust (Horizon Funds), Agreement and Declaration (Hays Series Trust), Agreement and Declaration of Trust (Ubs Funds)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual claimant relationship.

Appears in 18 contracts

Samples: Agreement and Declaration (Sa Funds Investment Trust), Agreement and Declaration (Kit Cole Investment Trust), Agreement and Declaration (Franklin Templeton Fund Allocator Series)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look look, and shall be required by contract to look, exclusively to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual claimant relationship.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (Acp Funds Trust), Agreement and Declaration (Westlakes Institutional Portfolios), Agreement and Declaration of Trust (Friends Ivory & Sime Funds)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and may be required by contract to look exclusively exclusively, to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall contract provider will be deemed nevertheless to have implicitly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual claimant relationship.

Appears in 3 contracts

Samples: Agreement and Declaration (Optimum Q Funds), Agreement and Declaration (Blue & White Funds Trust), Agreement and Declaration (Merger Fund Vl)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 2 contracts

Samples: Amended Agreement (Kalmar Pooled Investment Trust), Agreement and Declaration (Kalmar Pooled Investment Trust)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series in such manner and on such basis as the Trustees Trustees, in their sole discretion discretion, deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Connors Funds), Agreement and Declaration of Trust (Axonic Funds)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Olden Lane Funds Trust)

Liabilities Held with Respect to a Particular Series. The assets of ---------------------------------------------------- the Trust held with respect to each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Brazos Mutual Funds

Liabilities Held with Respect to a Particular Series. The assets of the --------------------------------------------------------- Trust held with respect to each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Agreement and Declaration (Vanguard Asset Allocation Fund Inc)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant claimant, and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Exchange Listed Funds Trust)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such of that particular Series for payment of such credit, claim, claim or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual claimant relationship.

Appears in 1 contract

Samples: Gabelli Money Market Funds

Liabilities Held with Respect to a Particular Series. The assets ---------------------------------------------------- of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual claimant relationship.

Appears in 1 contract

Samples: Agreement and Declaration (Hirtle Callaghan Trust)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such a manner and on such a basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual claimant relationship.

Appears in 1 contract

Samples: Agreement and Declaration (Tip Institutional Funds)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual writtee claimant relationship.

Appears in 1 contract

Samples: Agreement and Declaration (Allegiance Investment Trust)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees Directors to and among any one or more of the Series in such manner and on such basis as the Trustees Directors in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees Directors shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual claimant relationship.

Appears in 1 contract

Samples: Vantagepoint Funds

Liabilities Held with Respect to a Particular Series. The assets ---------------------------------------------------- of the Trust held with respect to each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: First Mutual Funds

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Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contractContract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each such creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Risa Investment Trust

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees Directors to and among any one or more of the Series in such manner and on such basis as the Trustees Directors in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees Directors shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look look, and shall be required by contract to look, exclusively to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual claimant relationship.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Commonfund Institutional Funds)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look look, and shall be required by contract to look, exclusively to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual claimant relationship.

Appears in 1 contract

Samples: PARADIGM Funds Trust

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes purposes. Notice of this limitation is set forth in absence the certificate of manifest errortrust of the Trust as filed or to be filed in the Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon giving such notice in the certificate of trust, the statutory provisions of Section 3804 of the Delaware Act relating to limitations on inter-Series liabilities (and the statutory effect under Section 3804 of the Delaware Act relating to such notice in the certificate of trust) shall become applicable to the Trust and each particular Series. All Persons Therefore, any persons who have extended credit to a particular Series or which has been allocated to a particular Series, or who have a claim or contract with a particular Series or which has been allocated to a any particular Series, shall may only look exclusively to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Managed Portfolio Series)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look exclusively to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract, and not against the assets of the Trust generally or against the assets held with respect to any other Series. In Notice of this contractual limitation on the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, liability of' each creditor, claimant and contracting party Series shall be deemed nevertheless to have agreed to such limitation unless set forth in the Certificate of Trust or in an express provision amendment thereto prior to the contrary has been incorporated in the written contract or other document establishing the contractual relationshipissuance of any Shares of a Series.

Appears in 1 contract

Samples: Montgomery Funds Iii

Liabilities Held with Respect to a Particular Series. The assets of the ----------------------------------------------------- Trust held with respect to each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Vanguard Fixed Income Securities Fund Inc

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or San Francisco\16900 more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual claimant relationship.

Appears in 1 contract

Samples: Agreement and Declaration (U S Global Leaders Variable Insurance Trust)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence absense of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual claimant relationship.

Appears in 1 contract

Samples: Agreement and Declaration (Franklin International Trust)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all a11 Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual claimant relationship.

Appears in 1 contract

Samples: Money Market Portfolios

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as "liabilities held with respect to" that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders Shareholders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual claimant relationship.

Appears in 1 contract

Samples: Agreement and Declaration (Delaware Group Foundation Funds)

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