Liability of Trustees, Officers, and Shareholders Sample Clauses

Liability of Trustees, Officers, and Shareholders. The execution and delivery of this Agreement have been authorized by the Trustees of the Fund and signed by an authorized Officer of the Fund, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such Officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, and the obligations of this Agreement are not binding upon any of the Trustees or shareholders of the Fund, but bind only the property of the Fund. No class of the Fund shall be liable for the obligations of another class.
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Liability of Trustees, Officers, and Shareholders. The execution and ------------------------------------------------- delivery of this Agreement have been authorized by the Trustees of the Trust and signed by an authorized officer of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, and the obligations of this Agreement are not binding upon any of the Trustees or shareholders of the Trust, but bind only the trust property of the Trust as provided in the Declaration of Trust.
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Liability of Trustees, Officers, and Shareholders. The Fund’s Declaration of Trust, as amended, supplemented or restated from time to time, is on file with the Secretary of the Commonwealth of Massachusetts. This Agreement was executed or made by or on behalf of the Fund by the Fund’s Trustees and/or officers, in their capacity as such and not individually, and the obligations of this Agreement are binding only upon the assets and property of the Fund or upon the assets belonging to the series for the benefit of which the Trustees have caused this Agreement to be made.
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Liability of Trustees, Officers, and Shareholders. A copy of the Declaration of Trust for the Trust and the Investment Adviser is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this Sub-Advisory Agreement is executed on behalf of the Investment Adviser by an officer of the Investment Adviser, in his or her capacity as an officer and not individually. The Local Manager expressly acknowledges the provisions in the Declarations of Trust of the Fund and of the Investment Adviser limiting the personal liability of Trustees, officers, and the shareholders of the Fund and the Investment Adviser, respectively, and the Local Manager hereby agrees that it shall have recourse to the Fund or the Investment Adviser, respectively, for payment of claims or obligations as between the Fund or the Investment Adviser, respectively, and the Local Manager arising out of this Sub-Advisory Agreement and shall not seek satisfaction from the Trustees or officers of the Fund or the Investment Adviser or the shareholders of the Fund or the Investment Adviser.
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Liability of Trustees, Officers, and Shareholders. The execution and delivery of this Amendment have been authorized by the Trustees of the Xxxxx Xxxxx Investment Companies and signed by an authorized Officer thereof, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such Officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, and the obligations of this Amendment are not binding upon any of the Trustees or shareholders of the Xxxxx Xxxxx Investment Companies, but bind only the property of each Xxxxx Xxxxx Investment Company. No series, if any, or class of any Xxxxx Xxxxx Investment Company shall be liable for the obligations of another series or class, as applicable. A copy of the Agreement and Declaration of Trust of each Xxxxx Xxxxx Investment Company that is a Massachusetts business trust is on file with the Secretary of The Commonwealth of Massachusetts. BNYM expressly acknowledges the provisions in each such Agreement and Declaration of Trust limiting the personal liability of the Trustees, Officers and shareholders of each such Xxxxx Xxxxx Investment Company, and BNYM hereby agrees that it shall have recourse to the Xxxxx Xxxxx Investment Companies for payment of claims or obligations as between the Xxxxx Xxxxx Investment Companies and BNYM arising out of this Amendment and shall not seek satisfaction from the Trustees, Officers, or shareholders of an Xxxxx Xxxxx Investment Company.
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Liability of Trustees, Officers, and Shareholders. The execution and delivery of this Agreement have been authorized by the Directors of the Fund and signed by an authorized officer of the Fund, acting as such, and neither such authorization by such Directors nor such execution and delivery by such Officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, and the obligations of this Agreement are not binding upon any of the Directors or Shareholders of the Fund, but bind only the property of the Fund.
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Liability of Trustees, Officers, and Shareholders. The execution and delivery of this Agreement have been authorized by the Trustees of the Investment Company and signed by an authorized Officer thereof, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such Officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, and the obligations of this Agreement are not binding upon any of the Trustees or shareholders of the Investment Company, but bind only the property of the Investment Company. No series or class of an Investment Company shall be liable for the obligations of another series or class.
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Liability of Trustees, Officers, and Shareholders. 30. A copy of the Licensee’s Certificate of Trust is on file with the Secretary of State of the State of Delaware and the Trust’s Agreement and Declaration of Trust is on file with the Licensee. Notice is hereby given that this Agreement is executed on behalf of the Trustees of the Licensee as Trustees and not individually and that the obligations of this Agreement are not binding upon any of the Trustees, officers, or shareholders of the Licensee individually but binding only upon the assets and property of the applicable Fund or Licensee, as relevant. This Agreement is executed by or on behalf of the Licensee with respect to the relevant Fund. It is expressly acknowledged and agreed that the obligations hereunder are binding only upon the relevant Fund to which such license pertains and the assets and property of such Fund. The Licensor understands that the rights and obligations of each series of shares of the Licensee under the Licensee’s Agreement and Declaration of Trust are separate and distinct from those of any and all other series. Benchmark Index Calculation and Maintenance Agent
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Related to Liability of Trustees, Officers, and Shareholders

  • LIMITATION OF LIABILITY OF THE TRUSTEES, OFFICERS, AND SHAREHOLDERS A copy of the Agreement and Declaration of Trust of the Fund is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that this instrument is executed on behalf of the Trustees of the Fund as Trustees and not individually and that the obligations of or arising out of this instrument are not binding upon any of the Trustees, officers or shareholders individually but are binding only upon the assets and property of the respective Fund.

  • Non-Liability of Trustees and Shareholders Any obligation of Trust hereunder shall be binding only upon the assets of Trust (or the applicable Fund thereof) and shall not be binding upon any Trustee, officer, employee, agent or Shareholder of Trust. Neither the authorization of any action by the Trustees or Shareholders of Trust nor the execution of this Agreement on behalf of Trust shall impose any liability upon any Trustee or any Shareholder.

  • Indemnification of Trustees, Officers, etc Subject to the limitations, if applicable, hereinafter set forth in this Section 4, the Trust shall indemnify (from the assets of one or more Series to which the conduct in question relates) each of its Trustees, officers, employees and agents (including Persons who serve at the Trust's request as directors, officers or trustees of another organization in which the Trust has any interest as a shareholder, creditor or otherwise (hereinafter, together with such Person's heirs, executors, administrators or personal representative, referred to as a "Covered Person")) against all liabilities, including but not limited to amounts paid in satisfaction of judgments, in compromise or as fines and penalties, and expenses, including reasonable accountants' and counsel fees, incurred by any Covered Person in connection with the defense or disposition of any action, suit or other proceeding, whether civil or criminal, before any court or administrative or legislative body, in which such Covered Person may be or may have been involved as a party or otherwise or with which such Covered Person may be or may have been threatened, while in office or thereafter, by reason of being or having been such a Trustee or officer, director or trustee, except with respect to any matter as to which it has been determined that such Covered Person (i) did not act in good faith in the reasonable belief that such Covered Person's action was in or not opposed to the best interests of the Trust; or (ii) had acted with willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person's office; and (iii) for a criminal proceeding, had reasonable cause to believe that his or her conduct was unlawful (the conduct described in (i), (ii) and (iii) being referred to hereafter as "Disabling Conduct"). A determination that the Covered Person is entitled to indemnification may be made by (i) a final decision on the merits by a court or other body before whom the proceeding was brought that the Covered Person to be indemnified was not liable by reason of Disabling Conduct, (ii) dismissal of a court action or an administrative proceeding against a Covered Person for insufficiency of evidence of Disabling Conduct, or (iii) a reasonable determination, based upon a review of the facts, that the indemnitee was not liable by reason of Disabling Conduct by (a) a vote of a majority of a quorum of the Trustees who are neither "interested persons" of the Trust as defined in the 1940 Act nor parties to the proceeding (the "Disinterested Trustees"), or (b) an independent legal counsel in a written opinion. Expenses, including accountants' and counsel fees so incurred by any such Covered Person (but excluding amounts paid in satisfaction of judgments, in compromise or as fines or penalties), may be paid from time to time by one or more Series to which the conduct in question related in advance of the final disposition of any such action, suit or proceeding; provided that the Covered Person shall have undertaken to repay the amounts so paid to such Series if it is ultimately determined that indemnification of such expenses is not authorized under this Article VII and (i) the Covered Person shall have provided security for such undertaking, (ii) the Trust shall be insured against losses arising by reason of any lawful advances, or (iii) a majority of a quorum of the Disinterested Trustees, or an independent legal counsel in a written opinion, shall have determined, based on a review of readily available facts (as opposed to a full trial type inquiry), that there is reason to believe that the Covered Person ultimately will be found entitled to indemnification.

  • Trustees and Officers as Shareholders Any Trustee, officer or other agent of the Trust may acquire, own and dispose of Shares to the same extent as if such person were not a Trustee, officer or agent; and the Trustees may issue and sell or cause to be issued and sold Shares to and buy such Shares from any such person or any firm or company in which such person invested, subject to the general limitations herein contained as to the sale and purchase of such Shares.

  • Limitation of Liability of Trustees and Shareholders The Adviser acknowledges the following limitation of liability:

  • Indemnification of Company, Directors and Officers and Selling Shareholders Each Underwriter severally agrees to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, and each Selling Shareholder and each person, if any, who controls any Selling Shareholder within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), including the Rule 430A Information, the General Disclosure Package or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with the Underwriter Information.

  • Affiliations of Trustees or Officers, Etc The fact that:

  • No Personal Liability of Directors, Officers, Employees and Shareholders No past, present or future director, officer, employee, incorporator or shareholder of the Company, as such, will have any liability for any obligations of the Company under the Indenture or the Notes or for any claim based on, in respect of, or by reason of, such obligations or their creation. By accepting any Note, each Holder waives and releases all such liability. Such waiver and release are part of the consideration for the issuance of the Notes.

  • Limitations of Liability of Trustees and Shareholders of the Company The execution and delivery of this Agreement have been authorized by the Trustees of FAS and signed by an authorized officer of FAS, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, and the obligations of this Agreement are not binding upon any of the Trustees or Shareholders of FAS, but bind only the property of FAS, as provided in FAS’s Declaration of Trust.

  • No Personal Liability of Directors, Officers, Employees and Stockholders No past, present or future director, officer, employee, incorporator or stockholder of the Company, as such, will have any liability for any obligations of the Company under the Indenture or the Notes or for any claim based on, in respect of, or by reason of, such obligations or their creation. By accepting any Note, each Holder waives and releases all such liability. Such waiver and release are part of the consideration for the issuance of the Notes.

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