Rebuttable Presumption. Section 3. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII or clauses (x) or (y) of Section 2 of this Article VIII, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person acted in good faith in the reasonable belief that such Covered Person’s action was in the best interests of the Trust or was at least not opposed to the best interests of the Trust and that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (Blackstone Alternative Alpha Master Fund), Agreement and Declaration of Trust (PIMCO Energy & Tactical Credit Opportunities Fund), Agreement and Declaration of Trust (Blackstone Alternative Investment Funds)
Rebuttable Presumption. Section 3. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII 8.1 or clauses (x) or (y) of Section 2 of this Article VIII8.2, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person acted in good faith in the reasonable belief that such Covered Person’s action was in the best interests of the Trust or was at least not opposed to the best interests of the Trust and that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Versus Capital Infrastructure Income Fund), Agreement and Declaration of Trust (Versus Capital Infrastructure Income Fund), Agreement and Declaration of Trust (Versus Capital Infrastructure Income Fund)
Rebuttable Presumption. Section 3. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII or clauses (x) or (y) of Section 2 of this Article VIII, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person acted in good faith in the reasonable belief that such Covered Person’s action was in the best interests of the Trust or was at least not opposed to the best interests of the Trust and that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.. Indemnification Not Exclusive
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Cube Thematic Alternatives Fund)
