Common use of Parties to Contract Clause in Contracts

Parties to Contract. Subject to compliance with the 1940 Act, any contract of the character described in Sections 4.1, 4.2 and 4.3 of this Article IV or in Article VI hereof or elsewhere in this Declaration may be entered into with any Person, and the fact that one or more of the Trustees, officers or employees of the Trust, or any affiliate thereof, may be an officer, partner, director, trustee, shareholder, or member of such other party to the contract, shall not be grounds to invalidate or render voidable such contract, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, subject to compliance with the 1940 Act. The same Person may be the other party to contracts entered into pursuant to this Declaration, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in those sections or articles. Subject to applicable law, any Shareholder, Trustee or officer of the Trust may lend money to, borrow money from, act as a surety, guarantor or endorser for, guarantee or assume one or more obligations of, provide collateral for, and transact other business with the Trust and, subject to applicable law, has the same rights and obligations with respect to any such matter as a Person who is not a Shareholder, Trustee or officer of the Trust.

Parties to Contract. Subject to compliance with the 1940 Act, any Any contract of the character described in Sections 4.1, 4.2 and 4.3 of this Article IV or in Article VI hereof or elsewhere in this Declaration may be entered into with any Person, and the fact that although one or more of the Trustees, officers or employees of the Trust, or any affiliate thereof, Trust may be an officer, partner, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall not be grounds to invalidate invalidated or render rendered voidable by reason of the existence of any such contractrelationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, subject to compliance provided that the contract when entered into was reasonable and fair and not inconsistent with the 1940 Actprovisions of this Declaration or the By-Laws. The same Person may be the other party to contracts entered into pursuant to this Declaration, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in those sections or articles. Subject to applicable law, any Shareholder, Trustee or officer of the Trust may lend money to, borrow money from, act as a surety, guarantor or endorser for, guarantee or assume one or more obligations of, provide collateral for, and transact other business with the Trust and, subject to applicable law, has the same rights and obligations with respect to any such matter as a Person who is not a Shareholder, Trustee or officer of the Trust.