Common use of Massachusetts Business Trusts Clause in Contracts

Massachusetts Business Trusts. A copy of the Agreement and Declaration of Trust of each Xxxxxx fund or series investment company (each, a "Fund"), that is a Massachusetts business trust is on file with the Secretary of State of the Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of such Fund by the Trustees of the relevant Fund 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 Fund individually but are binding only upon the assets and property of such Fund.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Capella Education Co), Exchange Agreement (Capella Education Co)

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Massachusetts Business Trusts. A copy of the Agreement and Declaration of Trust of each Xxxxxx Pxxxxx fund or series investment company (each, a "Fund"), ”) that is a Massachusetts business trust is on file with the Secretary of State of the Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of such Fund by the Trustees of the relevant Fund 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 Fund individually but are binding only upon the assets and property of such Fund.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Restore Medical, Inc.)

Massachusetts Business Trusts. A copy of the Agreement and Declaration of Trust of each Xxxxxx fund or series investment company (each, each a "FundFUND"), ) that is a Massachusetts business trust is on file with the Secretary of State of the Commonwealth of Massachusetts, Massachusetts and notice is hereby given that this Agreement is executed on behalf of such Fund by the Trustees of the relevant Fund as Trustees, Trustees and not individually, individually and that the obligations of this Agreement are not binding upon any of the Trustees, officers or shareholders of the Fund individually but are binding only upon the assets and property of such Fund.. * * * * -18- <PAGE>

Appears in 1 contract

Samples: Series Cc Purchase Agreement

Massachusetts Business Trusts. A copy of the Agreement and Declaration of Trust of each Xxxxxx fund or series investment company (each, a "Fund"), ) that is a Massachusetts business trust is on file with the Secretary of State of the The Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of such Fund by the Trustees of the relevant Fund as Trustees, and not individually, and that the obligations of this Agreement are not binding upon any of the Trustees, officers or and shareholders of the Fund individually but are binding only upon the assets and property of such Fund.

Appears in 1 contract

Samples: Sale and Board Representation Agreement (Capella Education Co)

Massachusetts Business Trusts. A copy of the Agreement and Declaration of Trust of each Xxxxxx fund or series investment company (each, a "Fund"), ) that is a Massachusetts business trust is on file with the Secretary of State of the The Commonwealth of Massachusetts, Massachusetts and notice is hereby given that this Agreement is executed on behalf of such Fund by the Trustees trustees of the relevant Fund as Trustees, trustees and not individually, individually and that the obligations of this Agreement are not binding upon any of the Trusteestrustees, officers or and shareholders of the Fund individually but are binding only upon the assets and property of such Fund.

Appears in 1 contract

Samples: Registration Rights Agreement (Commvault Systems Inc)

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Massachusetts Business Trusts. A copy of the Agreement and Declaration of Trust of each Xxxxxx fund or series investment company (each, each a "FundFUND"), ) that is a Massachusetts business trust is on file with the Secretary of State of the Commonwealth of Massachusetts, Massachusetts and notice is hereby given that this Agreement is executed on behalf of such Fund by the Trustees of the relevant Fund as Trustees, Trustees and not individually, individually and that the obligations of this Agreement are not binding upon any of the Trustees, officers or shareholders of the Fund individually but are binding only upon the assets and property of such Fund.. * * * *

Appears in 1 contract

Samples: Purchase Agreement (Commvault Systems Inc)

Massachusetts Business Trusts. A copy of the Agreement and Declaration of Trust of each Xxxxxx fund or series investment company (each, a "Fund"), ) that is a Massachusetts business trust is on file with the Secretary of State of the The Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed on behalf of such Fund by the Trustees of the relevant Fund 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 Fund individually but are binding only upon the assets and property of such Fund.

Appears in 1 contract

Samples: Investor Rights Agreement (Capella Education Co)

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