Common use of No Duty of Investigation Clause in Contracts

No Duty of Investigation. Notice in Trust Instruments, etc. No purchaser, lender, 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, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively taken 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, undertaking, instrument, certificate, Share, other security of the Trust made or issued by the Trustees or by any officers, employees or agents of the Trust in their capacity as such, shall contain an appropriate recital to the effect that the Shareholders, Trustees, officers, employees or 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 this Declaration, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to impose personal liability on any of the Trustees, Shareholders, officers, employees or agents of the Trust. The Trustees may maintain insurance for the protection of the Trust Property, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable or is required by the 1940 Act.

Appears in 13 contracts

Samples: Agreement and Declaration (Blackrock Pennsylvania Strategic Municipal Trust), Agreement and Declaration (Blackrock California Municipal Income Trust), Agreement and Declaration (Blackrock 2012 Term Trust)

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No Duty of Investigation. Notice in Trust Instruments, etc. No purchaser, lender, 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, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively taken 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, undertaking, instrument, certificate, Share, other security of the Trust made or issued by the Trustees or by any officers, employees or agents of the Trust in their capacity as such, shall contain an appropriate recital to the effect that the Shareholders, Trustees, officers, employees or 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 this Declaration, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to impose personal liability on any of the Trustees, Shareholders, officers, employees or agents of the Trust. The Trustees may maintain insurance insurance, including a fidelity bond, for the protection of the Trust Property, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable or is required by the 1940 Act.

Appears in 3 contracts

Samples: Agreement and Declaration (Advantage Advisers Multi - Sector Fund I), Agreement and Declaration of Trust (Advantage Advisers Multi - Sector Fund I), Agreement and Declaration of Trust (Advantage Advisers Multi - Sector Fund I)

No Duty of Investigation. Notice in Trust Instruments, etc. No purchaser, lender, transfer agent Transfer Agent or other person 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, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, other security of the TrustTrust or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively taken 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, undertaking, instrument, certificate, Share, other security of the Trust or undertaking made or issued by the Trustees shall recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of any officers, employees or agents such instrument are not binding upon any of the Trust in their capacity as suchTrustees or Shareholders individually, shall contain an appropriate recital to but bind only the effect that the Shareholders, Trustees, officers, employees or 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 this Declarationtrust estate, and may contain any further recital which they or he may deem appropriate, but the omission of such recital shall not operate to impose personal liability on bind any of the Trustees, Shareholders, officers, employees Trustees or agents of the TrustShareholders individually. The Trustees may shall at all times maintain insurance for the protection of the Trust Property, its the Trust's Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable or is required by the 1940 Actadvisable.

Appears in 1 contract

Samples: MFS Sun Life Series Trust

No Duty of Investigation. Notice in Trust Instruments, etcEtc. No purchaser, lender, transfer agent Transfer Agent or other person 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, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, 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 shall be conclusively taken 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, undertaking, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by any officersthem not individually, employees or agents but as Trustees under the Declaration, and that the obligations of the Trust in their capacity as such, shall contain an appropriate recital to the effect that the Shareholders, Trustees, officers, employees or agents a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust shall not personally be bound by Property or liable thereunder, nor shall resort be had to their private property for the satisfaction Trust Property of any obligation or claim thereunder, and appropriate references shall be made therein to this Declarationthe applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to impose personal liability on any of bind the Trustees, Shareholders, officers, employees or agents of the TrustTrustees individually. The Trustees may shall at all times maintain insurance for the protection of the Trust PropertyProperty or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable or is required by the 1940 Actadvisable.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (John Hancock Preferred Income Fund Ii)

No Duty of Investigation. Notice in Trust Instruments, etc. No purchaser, lender, transfer agent seller or other person 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, loaned, lent or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, interest or obligation or other security of the Trust, and every other act or thing whatsoever executed in connection with the Trust Trust, shall be conclusively taken 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, undertaking, instrument, certificate, Share, certificate or other security interest or undertaking of the Trust made or issued sold by the Trustees or by any officersofficer, employees employee or agents agent of the Trust Trust, in their his capacity as such, shall may contain an appropriate recital to the effect that the Shareholders, Trustees, officers, employees or 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 this the Declaration, and may contain any further recital which that they may deem appropriate, but the omission of such recital shall not operate to impose personal liability on any of the Shareholders, Trustees, Shareholders, officers, employees or agents of the Trust. The Trustees may maintain insurance for the protection of the Trust Property, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable or is required by the 1940 Act.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (BlackRock Long-Horizon Equity Fund)

No Duty of Investigation. Notice in Trust Instruments, etc. No purchaser, lender, transfer agent Transfer Agent or other person 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, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, other security of the TrustTrust or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively taken 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, undertaking, instrument, certificate, Share, other security of the Trust or undertaking made or issued by the Trustees shall recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the -- 29 -- obligations of any officers, employees or agents such instrument are not binding upon any of the Trust in their capacity as such, shall contain an appropriate recital to the effect that the Trustees or Shareholders, Trusteesindividually, officers, employees or 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 this Declarationtrust estate, and may contain any further recital which they or he may deem appropriate, but the omission of such recital shall not operate to impose personal liability on any of bind the Trustees, Shareholders, officers, employees or agents of the TrustTrustees individually. The Trustees may shall at all times maintain insurance for the protection of the Trust Property, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable or is required by the 1940 Actadvisable.

Appears in 1 contract

Samples: Gartmore Variable Insurance Trust

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No Duty of Investigation. Notice in Trust Instruments, etc. No purchaser, lender, transfer agent or other person 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, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively taken 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, undertaking, instrument, certificate, Share, other security of the Trust made or issued by the Trustees or by any officers, employees or agents of the Trust in their capacity as such, shall contain an appropriate recital to the effect may recite that the same is executed or made by them not individually, but as Trustees or officers, employees or agents of the Trust, and that the obligations of the Trust under any such instrument are not binding upon any of the Trustees, Shareholders, Trustees, officers, employees or agents of the Trust shall not personally be bound by or liable thereunderindividually, nor shall resort be had to their private property for but bind only the satisfaction of any obligation or claim thereunder, and appropriate references shall be made therein to this DeclarationTrust, and may contain any further recital which that they may deem appropriate, but the omission of such recital shall not operate to impose personal liability on any of or to individually bind the Trustees, Shareholders, officers, employees or agents of the Trust. The Trustees may maintain insurance for the protection of the Trust Property, its the Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable or is required by the 1940 Act.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Principal Real Estate Income Fund)

No Duty of Investigation. Notice in Trust Instruments, etc. No purchaser, lender, 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, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively taken 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, undertaking, instrument, certificate, Share, other security of the Trust made or issued by the Trustees or by any officers, employees or agents of the Trust in their capacity as such, shall contain an appropriate recital to the effect that the Shareholders, Trustees, officers, employees or 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 this Declaration, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to impose personal liability on any of the Trustees, Shareholders, officers, employees or agents of the Trust. The Trustees may maintain insurance for the protection of the Trust Property, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable or is required by the 1940 Act.. 5.5

Appears in 1 contract

Samples: Trust ____________________________________________ Agreement (Blackrock High Yield Trust)

No Duty of Investigation. Notice in Trust Instruments, etc. No purchaser, lender, 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, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, certificate or other security interest or undertaking of the TrustTrust or any Series, and every other act or thing whatsoever executed in connection with the Trust or any Series, shall be conclusively taken to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as Trustees, officers, employees or agents of the Trust. Every written obligation, contract, undertaking, instrument, certificate, Share, certificate or other security interest or undertaking of the Trust or any Series made or issued sold by the Trustees or by any officersofficer, employees employee or agents agent of the Trust Trust, in their capacity as such, shall contain an appropriate recital to the effect that the ShareholdersTrustee, Trusteesofficer, officers, employees or agents employee and agent 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 this Declarationthe Instrument, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to impose personal liability on any of the Trustees, Shareholders, officers, employees or agents of the Trust. The Trustees may maintain insurance for the protection of the Trust Property, its ShareholdersHolders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable or is required by the 1940 Actadvisable.

Appears in 1 contract

Samples: Core Trust /De

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