Common use of No Duty of Investigation; Notice in Trust Instruments Clause in Contracts

No Duty of Investigation; Notice in Trust Instruments. No purchaser, lender, seller or other Person dealing with the Trustees or with any officer, employee or agent of the Trust shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, lent or delivered to or on the order of the Trustees or of said officer, employee or agent. Every contract, undertaking, instrument, certificate, interest or obligation or other security of the Trust, and every other act or thing whatsoever executed in connection with the Trust, shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust. Every written obligation, contract, instrument, certificate or other interest or undertaking of the Trust made or sold by the Trustees or by any officer, employee or agent of the Trust, in his or her capacity as such, may contain an appropriate recital to the effect that the Holders, Trustees, officers, employees and agents of the Trust shall not personally be bound by or liable thereunder, nor shall resort be had to their private property for the satisfaction of any obligation or claim thereunder, and appropriate references shall be made therein to the Declaration, and may contain any further recital that they may deem appropriate, but the omission of such recital shall not operate to impose personal liability on any of the Holders, Trustees, officers, employees or agents of the Trust.

Appears in 6 contracts

Samples: Agreement and Declaration (GoodHaven Funds Trust), Riverpark Funds Trust (Riverpark Funds Trust), Underlying Funds Trust (Underlying Funds Trust)

AutoNDA by SimpleDocs

No Duty of Investigation; Notice in Trust Instruments. No purchaser, lender, seller shareholder servicing agent, transfer agent or other Person dealing with the Trustees or with any officer, employee or agent of the Trust shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, lent loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, interest or obligation or Share, other security of the TrustTrust or undertaking, and every other act or thing whatsoever executed in connection with the Trust, Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this the Declaration or in their capacity as officers, employees or agents of the Trust. Every written obligation, contract, instrument, certificate or certificate, Share, other interest or undertaking security of the Trust or undertaking made or sold issued by the Trustees or officers shall recite that the same is executed or made by them not individually, but as or on behalf of Trustees under the Declaration, and that the obligations of any officer, employee or agent such instrument are not binding upon any of the Trust, in his or her capacity as such, may contain an appropriate recital to the effect that the Holders, Trustees, officersofficers or Shareholders individually, employees and agents of but bind only the Trust shall not personally be bound by or liable thereunder, nor shall resort be had to their private property for the satisfaction of any obligation or claim thereunder, and appropriate references shall be made therein to the Declarationestate, and may contain any further recital that they may deem deemed appropriate, but the omission of such recital shall not operate to impose personal liability on bind any of the Holders, Trustees, officers, employees officers or agents of the TrustShareholders individually.

Appears in 3 contracts

Samples: Touchstone Variable Series Trust (Touchstone Variable Series Trust), Touchstone Variable Series Trust (Touchstone Variable Series Trust), Touchstone Variable Series Trust (Touchstone Variable Series Trust)

No Duty of Investigation; Notice in Trust Instruments. Etc No ------------- ---------------------------------------------------------- purchaser, lender, seller transfer agent or other Person dealing with the Trustees or with any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, lent loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, interest or obligation or Share, other security of the TrustTrust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust, Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the TrustTrust or a Series thereof. Every written obligation, contract, instrument, certificate or certificate, Share, other interest or undertaking security of the Trust or a Series thereof or undertaking made or sold issued by the Trustees or by any officer, employee or agent of the Trust, in his or her capacity as such, may contain an appropriate recital to the effect recite that the Holderssame is executed or made by them not individually, Trusteesbut as Trustees under the Declaration, officers, employees and agents that the obligations of the Trust shall or a Series thereof under any such instrument are not personally be bound by binding upon any of the Trustees or liable thereunderShareholders individually, nor shall resort be had to their private property for but bind only the satisfaction Trust Property or the Trust Property of any obligation or claim thereunder, and appropriate references shall be made therein to the Declarationapplicable Series, and may contain any further recital that which they may deem appropriate, but the omission of such recital shall not operate to impose personal liability on any bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the HoldersTrust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees or and agents of in such amount as the TrustTrustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Ishares Trust), Agreement and Declaration of Trust (Ishares Trust)

No Duty of Investigation; Notice in Trust Instruments. ETC. No purchaser, lender, seller transfer agent or other Person dealing with the Trustees or with any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, lent loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, interest or obligation or Share, other security of the TrustTrust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust, Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the TrustTrust or a Series thereof. Every written obligation, contract, instrument, certificate or certificate, Share, other interest or undertaking security of the Trust or a Series thereof or undertaking made or sold issued by the Trustees or by any officer, employee or agent of the Trust, in his or her capacity as such, may contain an appropriate recital to the effect recite that the Holderssame is executed or made by them not individually, Trusteesbut as Trustees under the Declaration, officers, employees and agents that the obligations of the Trust shall or a Series thereof under any such instrument are not personally be bound by binding upon any of the Trustees or liable thereunderShareholders individually, nor shall resort be had to their private property for but bind only the satisfaction Trust Property or the Trust Property of any obligation or claim thereunder, and appropriate references shall be made therein to the Declarationapplicable Series, and may contain any further recital that which they may deem appropriate, but the omission of such recital shall not operate to impose personal liability on any bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the HoldersTrust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees or and agents of in such amount as the TrustTrustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Ziegler Exchange Traded Trust)

AutoNDA by SimpleDocs

No Duty of Investigation; Notice in Trust Instruments. No purchaser, lender, seller shareholder servicing agent, Transfer Agent or other Person dealing with the Trustees or with any officer, employee or agent of the Trust shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, lent loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, interest or obligation or Share, other security of the TrustTrust or undertaking, and every other act or thing whatsoever executed in connection with the Trust, Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this the Declaration or in their capacity as officers, employees or agents of the Trust. Every written obligation, contract, instrument, certificate or certificate, Share, other interest or undertaking security of the Trust or undertaking made or sold issued by the Trustees or officers shall recite that the same is executed or made by them not individually, but as or on behalf of Trustees under the Declaration, and that the obligations of any officer, employee or agent such instrument are not binding upon any of the Trust, in his or her capacity as such, may contain an appropriate recital to the effect that the Holders, Trustees, officersofficers or Shareholders individually, employees and agents of but bind only the Trust shall not personally be bound by or liable thereunder, nor shall resort be had to their private property for the satisfaction of any obligation or claim thereunder, and appropriate references shall be made therein to the Declarationestate, and may contain any further recital that they may deem deemed appropriate, but the omission of such recital shall not operate to impose personal liability on bind any of the HoldersTrustees, officers or Shareholders individually. The Trustees may maintain insurance for the protection of the Trust Property, Shareholders, Trustees, Trustees Emeritus, officers, employees or and agents of in such amount as the TrustTrustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Investment Advisory Agreement (MFS Government Securities Fund)

No Duty of Investigation; Notice in Trust Instruments. Etc. No purchaser, lender, seller transfer agent or other Person dealing with the Trustees or with any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, lent loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, interest or obligation or Share, other security of the TrustTrust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust, Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the TrustTrust or a Series thereof. Every written obligation, contract, instrument, certificate or certificate, Share, other interest or undertaking security of the Trust or a Series thereof or undertaking made or sold issued by the Trustees or by any officer, employee or agent of the Trust, in his or her capacity as such, may contain an appropriate recital to the effect recite that the Holderssame is executed or made by them not individually, Trusteesbut as Trustees under the Declaration, officers, employees and agents that the obligations of the Trust shall or a Series thereof under any such instrument are not personally be bound by binding upon any of the Trustees or liable thereunderShareholders individually, nor shall resort be had to their private property for but bind only the satisfaction Trust Property or the Trust Property of any obligation or claim thereunder, and appropriate references shall be made therein to the Declarationapplicable Series, and may contain any further recital that which they may deem appropriate, but the omission of such recital shall not operate to impose personal liability on any bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the HoldersTrust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees or and agents of in such amount as the TrustTrustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Agreement and Declaration (John Hancock Funds III)

Time is Money Join Law Insider Premium to draft better contracts faster.