Common use of Status of Shares and Limitation of Personal Liability Clause in Contracts

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 150 contracts

Samples: Agreement and Declaration (Quaker Investment Trust), Agreement and Declaration of Trust (OSI ETF Trust), And Restated Agreement and Declaration of Trust (Franklin Alternative Strategies Funds)

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Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, Trust and under applicable law. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become a party hereto. The death of a Shareholder during the existence of the Trust shall not operate to dissolve the Trust or any Series, nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees or any Series, but entitles such representative only to the rights of said deceased Shareholder under this Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, All Shares when issued on the terms determined by the Board of Trustees, Trustees shall be fully paid and nonassessable. As provided in the DSTA, Shareholders of the Trust shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law general corporation law of the State of Delaware.

Appears in 108 contracts

Samples: Agreement and Declaration of Trust (Aberdeen Funds), Modern Capital Funds Trust (Modern Capital Funds Trust), Amended Agreement and Declaration of Trust (Two Roads Shared Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration instrument. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof. The death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust shall not operate to terminate the Trust, nor entitle the By-Lawsrepresentative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, and but shall entitle such representative only to the rights of such Shareholder under applicable lawthis Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or any right to call for a partition participation or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIIINo Shareholder shall be personally liable for the debts, Section 1 hereofliabilities, the deathobligations and expenses incurred by, incapacity, dissolution, terminationcontracted for, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve otherwise existing with respect to, the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee employee, or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 39 contracts

Samples: Agreement and Declaration (Metropolitan Series Fund), Agreement and Declaration (Metropolitan Series Fund Inc), Declaration of Trust (Allianz Variable Insurance Products Fund of Funds Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration instrument. Every shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof. The death, incapacity, dissolution, termination or bankruptcy of a Shareholder during the existence of the Trust shall not operate to terminate the Trust, nor entitle the By-Lawsrepresentative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, and but entitles such representative only to the rights of such Shareholder under applicable lawthis Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each ShareExcept as specifically provided herein, when issued on the terms determined by the Board of Trustees, no Shareholder shall be fully paid and nonassessablepersonally liable for the debts, liabilities, obligations or expenses incurred by, contracted for, or otherwise existing with respect to, the Trust or by or on behalf of any Series or Class. As provided in Every note, bond, contract or other undertaking issued by or on behalf of the DSTA, Shareholders shall be entitled Trust or Trustees relating to the same limitation Trust or to a Series or Class may include a recitation limiting the obligation represented thereby to the Trust or to one or more Series and its respective assets (but the omission of personal liability as that extended such a recitation shall not operate to stockholders of a private corporation organized for profit under the General Corporation Law bind any Shareholder or Trustee of the State of DelawareTrust).

Appears in 20 contracts

Samples: Agreement and Declaration (Virtus Alternatives Trust I), Agreement and Declaration of Trust (Phoenix Equity Series Fund), Agreement and Declaration of Trust (Virtus Variable Insurance Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part The ownership of the Trust Property or of every description and the right to conduct any business herein before described are vested exclusively in the Trustees, and the Shareholders shall have no interest therein other than the beneficial interest conferred by their Shares, and they shall have no right to call for a any partition or division of any property, profits, rights or interests of the same Trust nor can they be called upon to share or for assume any losses of the Trust or, subject to the right of the Trustees to charge certain expenses directly to Shareholders, suffer an accounting, nor shall the assessment of any kind by virtue of their ownership of Shares constitute Shares. Every Shareholder, by virtue of having purchased a Share, shall become a Shareholder and shall be held to have expressly assented and agreed to be bound by the Shareholders as partnersterms hereof and to have become a party hereto. Subject to Article VIII, Section 1 hereof, the The death, incapacity, dissolution, termination, termination or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve terminate the Trust or any such SeriesTrust, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust, Trust or the Trustees or any such SeriesTrustees, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt such Shareholder under this Declaration of Trust. Ownership of Shares shall not constitute the Shareholders as partners. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder. The Shares shall not entitle the holder to preference, norpreemptive, appraisal, conversion or exchange rights (except as specifically provided herein, to call upon any Shareholder for the payment specified in this Declaration of any sum of money other than such Trust or as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined specified by the Board Trustees when creating the Shares). No Shareholder of Trustees, the Trust shall be fully paid and nonassessablesubject in such capacity to any personal liability whatsoever to any Person in connection with Trust Property or the acts, obligations or affairs of the Trust. As provided in the DSTA, Shareholders shall be entitled to have the same limitation of personal liability as that is extended to stockholders of a private corporation organized for profit incorporated under the Delaware General Corporation Law of the State of DelawareLaw.

Appears in 16 contracts

Samples: Form of Agreement (SEI Exchange Traded Funds), Agreement and Declaration of Trust (Reality Shares ETF Trust), Agreement and Declaration (Schwab Strategic Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-LawsLaws of the Trust and the resolutions of the Board of Trustees. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms thereof. The death of a Shareholder during the existence of the Trust shall not operate to terminate the Trust, and nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but shall entitle such representative only to the rights of said deceased Shareholder under applicable lawthis Declaration of Trust. Ownership of Shares shall not entitle the a Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partnerspartners or joint venturers except as specifically provided for pursuant to ARTICLE III herein or by resolution of the Board of Trustees. Subject to Article VIIIAs provided by applicable law, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a no Shareholder during the existence of the Trust shall be personally liable for the debts, liabilities, obligations and any Series thereof shall not operate to dissolve expenses incurred by, contracted for, or otherwise existing with respect to, the Trust or any such SeriesSeries or Class thereof. The Shareholders shall be entitled, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights fullest extent permitted by applicable law, to the same limitation of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder personal liability as is extended under this Declaration the Delaware General Corporation Law to stockholders of Trustprivate corporations for profit. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, or to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 12 contracts

Samples: Agreement and Declaration (Forward Funds), Agreement and Declaration (Forward Funds), Agreement and Declaration (Forward Funds)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, Trust and under applicable law. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become a party hereto. The death of a Shareholder during the existence of the Trust shall not operate to dissolve the Trust or any Series, nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees or any Series, but entitles such representative only to the rights of said deceased Shareholder under this Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, All Shares when issued on the terms determined by the Board of Trustees, Trustees shall be fully paid and nonassessable. As provided in the DSTADelaware Act, Shareholders of the Trust shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law general corporation law of the State of Delaware.

Appears in 11 contracts

Samples: Agreement and Declaration of Trust (Nexpoint Latin American Opportunities Fund), Agreement and Declaration (Nexpoint Energy Opportunities Fund), Agreement and Declaration (Nexpoint Event-Driven Fund)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, Trust and under applicable law. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become a party hereto. The death of a Shareholder during the existence of the Trust shall not operate to dissolve the Trust or any Series, nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees or any Series, but entitles such representative only to the rights of said deceased Shareholder under this Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, All Shares when issued on the terms determined by the Board of Trustees, Trustees shall be fully paid and nonassessable. As provided in the DSTADelaware Act, Shareholders of the Trust shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 10 contracts

Samples: Agreement and Declaration of Trust (Axxes Private Markets Fund), Agreement and Declaration (Flat Rock Core Income Fund), Agreement and Declaration (Flat Rock Capital Credit Fund)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware. Section 5.

Appears in 9 contracts

Samples: Agreement and Declaration of Trust (Franklin Fund Allocator Series), Agreement and Declaration of Trust (Franklin Managed Trust), Franklin Global Trust

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, Laws and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the The death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such SeriesTrust, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, Trust or the Trustees or any such SeriesTrustees, but entitles shall entitle such representative only to the rights rights, as a Shareholder under this Declaration of Trust and the By-Laws, of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of TrustShareholder. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 8 contracts

Samples: Agreement and Declaration (Franklin LTD Duration Income Trust), Agreement and Declaration of Trust (Franklin Templeton Hogh Yield Trust), Agreement and Declaration of Trust (Franklin Templeton High Yield Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration instrument. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof. The death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust shall not operate to terminate the Trust, nor entitle the By-Lawsrepresentative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, and but shall entitle such representative only to the rights of such Shareholder under applicable lawthis Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or any right to call for a partition participation or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIIINo Shareholder shall be personally liable for the debts, Section 1 hereofliabilities, the deathobligations or expenses incurred by, incapacity, dissolution, terminationcontracted for, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve otherwise existing with respect to, the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee employee, or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 8 contracts

Samples: Agreement and Declaration (Evergreen Global Dividend Opportunity Fund), Agreement and Declaration (Evergreen Global Dividend Opportunity Fund), Agreement and Declaration (Evergreen Global Dividend Opportunity Fund)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, Trust and under applicable law. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become a party hereto. The death of a Shareholder during the existence of the Trust shall not operate to dissolve the Trust or any Series, nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees or any Series, but entitles such representative only to the rights of said deceased Shareholder under this Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, All Shares when issued on the terms determined by the Board of Trustees, Trustees shall be fully paid and nonassessable. As provided in the DSTA, Shareholders of the Trust shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law general corporation law of the State of Delaware.

Appears in 7 contracts

Samples: Agreement and Declaration (BBH Trust), Agreement and Declaration (MTB Group of Funds), Agreement and Declaration (BBH Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part The ownership of the Trust Property or of every description and the right to conduct any business herein before described are vested exclusively in the Trustees, and the Shareholders shall have no interest therein other than the beneficial interest conferred by their Shares, and they shall have no right to call for a any partition or division of any property, profits, rights or interests of the same Trust nor can they be called upon to share or for assume any losses of the Trust or, subject to the right of the Trustees to charge certain expenses directly to Shareholders, suffer an accounting, nor shall the assessment of any kind by virtue of their ownership of Shares constitute Shares. Every Shareholder, by virtue of having purchased a Share, shall become a Shareholder and shall be held to have expressly assented and agreed to be bound by the Shareholders as partnersterms hereof and to have become a party hereto. Subject to Article VIII, Section 1 hereof, the The death, incapacity, dissolution, termination, termination or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve terminate the Trust or any such SeriesTrust, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust, Trust or the Trustees or any such SeriesTrustees, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt such Shareholder under this Declaration of Trust. Ownership of Shares shall not constitute the Shareholders as partners. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder. The Shares shall not entitle the holder to preference, norpreemptive, appraisal, conversion or exchange rights (except as specified in this Declaration of Trust or as specified by the Trustees when creating the Shares). No Shareholder of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Property or the acts, obligations or affairs of the Trust, except as specifically provided herein, to call upon any Shareholder for the payment by reason of any sum of money other than such as the Shareholder may at any time personally agree to payhis or her own acts or conduct. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to have the same limitation of personal liability as that is extended to stockholders of a private corporation organized for profit incorporated under the Delaware General Corporation Law of the State of DelawareLaw.

Appears in 7 contracts

Samples: Agreement and Declaration of Trust (Catholic Responsible Investments Funds), Agreement and Declaration of Trust (Frost Family of Funds), Agreement and Declaration of Trust (Frost Family of Funds)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration instrument. Every Shareholder, by virtue of having become a Shareholder, shall be held to have expressly assented and agreed to the terms hereof. The death, incapacity, dissolution, termination or bankruptcy of a Shareholder during the existence of the Trust shall not operate to dissolve the Trust, nor entitle the By-Lawsrepresentative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, and but entitles such representative only to the rights of such Shareholder under applicable lawthis Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each ShareExcept as specifically provided herein, when issued on the terms determined by the Board of Trustees, no Shareholder shall be fully paid and nonassessablepersonally liable for the debts, liabilities, obligations or expenses incurred by, contracted for, or otherwise existing with respect to, the Trust or by or on behalf of any Series or Class. As provided in Every note, bond, contract or other understanding issued by or on behalf of the DSTA, Shareholders shall be entitled Trust or Trustees relating to the same limitation Trust or to a Series or Class may include a recitation limiting the obligation represented thereby to the Trust or to one or more Series or Class and its respective assets (but the omission of personal liability as that extended such a recitation shall not operate to stockholders of a private corporation organized for profit under the General Corporation Law bind any Shareholder or Trustee of the State of DelawareTrust).

Appears in 6 contracts

Samples: Agreement and Declaration (First Eagle Variable Funds), First Eagle Funds, Agreement and Declaration (First Eagle Overseas Variable Fund)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration instrument. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof. The death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust shall not operate to terminate the Trust, nor entitle the By-Lawsrepresentative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, and but entitles such representative only to the rights of such Shareholder under applicable lawthis Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition participation or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIIINo Shareholder shall be personally liable for the debts, Section 1 hereofliabilities, the deathobligations and expenses incurred by, incapacity, dissolution, terminationcontracted for, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve otherwise existing with respect to, the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee employee, or agent of the Trust, Trust shall have any power to bind personally any ShareholderShareholders, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, The Shareholders shall be entitled entitled, to the fullest extent permitted by applicable law, to the same limitation of personal liability as that is extended under the Delaware General Corporation Law to stockholders of a private corporation organized corporations for profit under the General Corporation Law profit. Every note, bond, contract, or other undertaking issued by or on behalf of the State Trust or the Trustees relating to the Trust or to any Series shall include a recitation limiting the obligation represented thereby to the Trust and its assets or to one or more Series and the assets belonging thereto (but the omission of Delawaresuch a recitation shall not operate to bind any Shareholder or Trustee of the Trust).

Appears in 6 contracts

Samples: Enterprise Funds Trust (Axa Enterprise Funds Trust), Agreement and Declaration of Trust (Axa Premier Vip Trust), Agreement and Declaration (Investbio Opportunity Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part The ownership of the Trust Property or and the right to conduct the business of the Trust and each Series described herein are vested exclusively in the Sponsor and the Trustee. The Shareholders of a Series shall have no interest therein other than the beneficial interest in such Series conferred by their Shares, and they shall have no right to call for a any partition or division of any Trust Property, rights or interests of the same Trust or for an accountinga Series, nor shall can they be called upon to share or assume any losses of the Trust or, subject to the right of the Sponsor to charge certain expenses directly to Shareholders, suffer an assessment of any kind by virtue of their ownership of Shares. Every Shareholder, by virtue of having purchased a Share, shall become a Shareholder of the Series whose Share or Shares constitute it has purchased and shall be held to have expressly assented and agreed to be bound by the Shareholders as partnersterms hereof and to have become a party hereto. Subject to Article VIII, Section 1 hereof, the The death, incapacity, dissolution, termination, termination or bankruptcy of a Shareholder during the existence of the Trust and any or a Series thereof shall not operate to dissolve terminate the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt deceased Shareholder to an accounting or to take any action in court or elsewhere against the TrustTrust or such Series, the Trustees Sponsor or any such Seriesthe Trustee, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt such Shareholder under this Declaration of Trust. Neither Ownership of Shares shall not constitute the Shareholders as partners. The Shares shall not entitle the holder to preference, preemptive, appraisal, conversion or exchange rights (except as specified in this Declaration of Trust or as specified by the Trust nor or the TrusteesSponsor when creating the Shares). No Shareholder of a Series shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Property or the acts, nor any officer, employee obligations or agent affairs of the Trust, . Shareholders shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that is extended to stockholders of a private corporation organized for profit incorporated under the Delaware General Corporation Law of the State of DelawareLaw.

Appears in 6 contracts

Samples: Agreement and Declaration (World Gold Trust), Agreement and Declaration of Trust (Global Currency Gold Trust), Agreement and Declaration of Trust (Global Currency Gold Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration Trust Instrument. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to be bound by the terms hereof and to have become a party hereto. The death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust shall not operate to terminate the Trust, nor entitle the By-Lawsrepresentative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, and but entitles such representative only to the rights of such Shareholder under applicable lawthis Trust Instrument. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIIINo Shareholder shall be personally liable for the debts, Section 1 hereofliabilities, the deathobligations and expenses incurred by, incapacity, dissolution, terminationcontracted for, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve otherwise existing with respect to, the Trust or any such Series, nor entitle the representative Series or Class except by reason of any deceased, incapacitated, dissolved, terminated their own acts or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trustconduct. Neither the Trust nor the Trustees, nor any officer, employee employee, or agent of the Trust, Trust shall have any power to bind personally any ShareholderShareholders, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to have the same limitation of personal liability as that is extended to stockholders shareholders of a private corporation organized for profit under the General Corporation Law of incorporated in the State of Delaware, to the extent that such limitation of liability is greater than the limitation of liability specifically provided in this Section.

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (Total Fund Solution), Agreement and Declaration of Trust (Cantor Fitzgerald Sustainable Infrastructure Fund), Agreement and Declaration of Trust (Beacon Pointe Multi-Alternative Fund)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 2 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 5 contracts

Samples: Agreement and Declaration (Delaware Enhanced Global Dividend & Income Fund), Agreement and Declaration (Delaware Investments Enhanced Global Dividend & Income Fund), Agreement and Declaration of Trust (Franklin Global Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such SeriesTrust, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, Trust or the Trustees or any such SeriesTrustees, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 5 contracts

Samples: Agreement and Declaration of Trust (BMO LGM Frontier Markets Equity Fund), Agreement and Declaration (EGA Frontier Diversified Core Fund), Agreement and Declaration of Trust (BMO LGM Frontier Markets Equity Fund)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-LawsBylaws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated terminated, or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees Trustees, or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated terminated, or bankrupt Shareholder under this Declaration of Trust, the Bylaws and applicable law. Neither the Trust nor the Trustees, nor any officer, employee employee, or agent of the Trust, shall have any power to bind personally any Shareholder, Shareholder nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may personally, at any time personally may agree to paypay at any time. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of DelawareDGCL.

Appears in 5 contracts

Samples: Agreement and Declaration (AssetMark Funds II), Agreement and Declaration (AssetMark Funds II), Agreement and Declaration (Dimensional Emerging Markets Value Fund Inc)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-LawsBylaws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust, the Bylaws and applicable law. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of TrusteesBoard, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of DelawareDGCL.

Appears in 5 contracts

Samples: Agreement and Declaration (Nationwide Mutual Funds), Agreement and Declaration (Nationwide Variable Insurance Trust), Agreement and Declaration of Trust (Bennett Group Master Funds)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-LawsBylaws, and under applicable law. Ownership of Shares shall not entitle the Shareholder Shareholders to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated terminated, or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees Trustees, or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated terminated, or bankrupt Shareholder under this Declaration of Trust, the Bylaws and applicable law. Neither the Trust nor the Trustees, nor any officer, employee employee, or agent of the Trust, shall have any power to bind personally any Shareholder, Shareholder nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may personally, at any time personally may agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of DelawareDGCL.

Appears in 4 contracts

Samples: Agreement and Declaration (Dfa Investment Trust Co), Agreement and Declaration of Trust (Dfa Investment Trust Co), Agreement and Declaration (Allegiant Funds)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, Trust and under applicable law. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become bound as a party hereto. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIIIIII, Section 1 6(i) hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTADBTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law general corporation law of the State of Delaware.

Appears in 4 contracts

Samples: Agreement and Declaration (Templeton Capital Accumulator Fund Inc), Agreement and Declaration (Wallace Funds), Agreement and Declaration (Assetmark Funds)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration and the Bylaws. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms of this Declaration and the Bylaws and to have become a party hereto and thereto. The death of a Shareholder during the continuance of the Trust shall not operate to terminate the Trust nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but only to the rights of said decedent under this Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute afford Shareholders the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy status of a Shareholder during the existence partners of the Trust and Trust. For the avoidance of doubt, Shareholders shall have no rights, privileges, claims or remedies under any Series thereof shall not operate to dissolve contract or agreement entered into by the Trust with any service provider or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated other agent to or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against contractor with the Trust, the Trustees or including, without limitation, any third party beneficiary rights, except as may be expressly provided in any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated contract or bankrupt Shareholder under this Declaration of Trustagreement. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, nor except as specifically provided herein, herein or in the Bylaws to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (Seven Hills Realty Trust), Agreement and Declaration of Trust (RMR Real Estate Income Fund), Agreement and Declaration of Trust (RMR Mortgage Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, . Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to the terms of any By-Lawslaws adopted pursuant to Section 4.5 hereof. The death, and incapacity, dissolution, termination or bankruptcy of a Shareholder during the existence of the Trust or an applicable Series shall not operate to terminate the Trust or any Series, nor entitle the representative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust, any Series or the Trustees, but entitles such representative only to the rights of such Shareholder under applicable lawthis Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the assets held with respect to the applicable Series or any other Series or the assets of the Trust Property generally or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIIIFor the avoidance of doubt, Section 1 hereofShareholders shall have no rights, the deathprivileges, incapacity, dissolution, termination, claims or bankruptcy of a Shareholder during the existence of the Trust and remedies under any Series thereof shall not operate to dissolve contract or agreement entered into by the Trust or any such SeriesSeries thereof with any service provider or other agent to or contractor with the Trust or a Series thereof, nor entitle the representative including, without limitation, any third party beneficiary rights. None of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, No Shareholder shall be fully paid personally liable for the debts, liabilities, obligations and nonassessableexpenses incurred by, contracted for, or otherwise existing with respect to, the Trust or any Series or Class. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized corporations for profit organized under the General Corporation Law general corporation law of the State of Delaware.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (American Beacon Apollo Total Return Fund), Agreement and Declaration of Trust (American Beacon Sound Point Enhanced Income Fund), Agreement and Declaration of Trust (American Beacon Apollo Total Return Fund)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-LawsBylaws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such SeriesTrust, nor entitle the representative of any deceased, incapacitated, dissolved, terminated terminated, or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such SeriesTrustees, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated terminated, or bankrupt Shareholder under this Declaration of Trust, the Bylaws and applicable law. Neither the Trust nor the Trustees, nor any officer, employee employee, or agent of the Trust, shall have any power to bind personally any Shareholder, Shareholder nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may personally, at any time personally may agree to paypay at any time. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of DelawareDGCL.

Appears in 3 contracts

Samples: Agreement And (USQ Core Real Estate Fund), Agreement and Declaration of Trust (GuideMark Alternative Lending Income Fund), Agreement and Declaration (GuideMark Alternative Lending Income Fund)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part The ownership of the Trust Property and the right to conduct the business of the Trust and each Series or Class described herein are vested exclusively in the Sponsor and the Trustee. The Shareholders of a Series or Class shall have no interest therein other than the beneficial interest in such Series or Class conferred by their Shares, and they shall have no right to call for a any partition or division of any Trust Property, rights or interests of the same Trust or for an accountinga Series or Class, nor shall can they be called upon to share or assume any losses of the Trust or a Series or Class, or, subject to the right of the Sponsor to charge certain expenses directly to Shareholders, suffer an assessment of any kind by virtue of their ownership of Shares. Every Shareholder, by virtue of having purchased a Share, shall become a Shareholder of the Series or Class whose Share or Shares constitute it has purchased and shall be held to have expressly assented and agreed to be bound by the Shareholders as partnersterms hereof and to have become a party hereto. Subject to Article VIII, Section 1 hereof, the The death, incapacity, dissolution, termination, termination or bankruptcy of a Shareholder during the existence of the Trust and any or a Series thereof or Class shall not operate to dissolve terminate the Trust or any such SeriesSeries or Class, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt deceased Shareholder to an accounting or to take any action in court or elsewhere against the TrustTrust or such Series or Class, the Trustees Sponsor or any such Seriesthe Trustee, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt such Shareholder under this Declaration Trust Agreement. Ownership of TrustShares shall not constitute the Shareholders as partners. Neither The Shares shall not entitle the holder to preference, preemptive, appraisal, conversion or exchange rights (except as specified in this Trust Agreement or as specified by the Trust nor or the TrusteesSponsor when creating the Shares). No Shareholder of a Series or Class shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Property or the acts, nor any officer, employee obligations or agent affairs of the Trust, . Shareholders shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that is extended to stockholders of a private corporation organized for profit incorporated under the Delaware General Corporation Law of the State of DelawareLaw.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Franklin Templeton Holdings Trust), Agreement and Declaration of Trust (Franklin Templeton Digital Holdings Trust), Agreement and Declaration of Trust (Franklin Templeton Digital Holdings Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, . Among the rights Shareholders shall not have unless expressly provided by the By-LawsLaws or expressly provided by law and not permitted to be waived are rights to: (i) enforce contractual claims of the Trust or any Series, (ii) assert claims against the Trust or any Series or its Trustees, Officers or service providers, (iii) assert derivative claims on behalf of the Trust or any Series or involving any alleged harm to the Trust or any Series, or (iv) bring a claim on behalf of any other shareholder. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become a party hereto. The death of a Shareholder during the continuance of the Trust shall not operate to terminate the same nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but entitles such representative only to the rights of said deceased Shareholder under applicable lawthis Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any ShareholderShareholders, nor, nor except as specifically provided herein, herein to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 3 contracts

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

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, DT1 931951v4 08/11/11 incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or nor agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of DelawareDelaware (8 Del. C. §§101 et seq.).

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Manor Investment Funds Inc), Agreement and Declaration of Trust (Manor Investment Funds Inc), Agreement and Declaration of Trust (Manor Investment Funds Inc)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, Trust and under applicable law. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become a party hereto. The death of a Shareholder during the existence of the Fund shall not operate to dissolve the Fund or any Series or class of Shares, nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Fund, any Series or class of Shares, or the Trustees, but entitles such representative only to the rights of said deceased Shareholder under this Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Fund Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust Fund nor the Trustees, nor any officer, employee or agent of the TrustFund, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders of the Fund shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law general corporate law of the State of Delaware.

Appears in 3 contracts

Samples: Agreement and Declaration (Dynamic Alternatives Fund), Agreement and Declaration (Dynamic Alternatives Fund), Agreement and Declaration of Trust (Dynamic Alternatives Fund)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, . Every Shareholder by virtue of having become a Shareholder shall be bound by the terms hereof and to the terms of any By-LawsLaws adopted pursuant to Section 4.5 hereof. The death, and incapacity, dissolution, termination or bankruptcy of a Shareholder during the existence of the Trust or an applicable Series shall not operate to terminate the Trust or any Series, nor entitle the representative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust, any Series or the Trustees, but entitles such representative only to the rights of such Shareholder under applicable lawthis Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the assets held with respect to the applicable Series or any other Series or the assets of the Trust Property generally or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIIIFor the avoidance of doubt, Section 1 hereofShareholders shall have no rights, the deathprivileges, incapacity, dissolution, termination, claims or bankruptcy of a Shareholder during the existence of the Trust and remedies under any Series thereof shall not operate to dissolve contract or agreement entered into by the Trust or any such SeriesSeries thereof with any service provider or other agent to or contractor with the Trust or a Series thereof, nor entitle the representative including, without limitation, any third party beneficiary rights. None of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, No Shareholder shall be fully paid personally liable for the debts, liabilities, obligations and nonassessableexpenses incurred by, contracted for, or otherwise existing with respect to, the Trust or any Series or Class. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized corporations for profit organized under the General Corporation Law general corporation law of the State of Delaware.

Appears in 3 contracts

Samples: Agreement and Declaration (American Beacon Sound Point Enhanced Income Fund), Agreement and Declaration (American Beacon Institutional Funds Trust), Agreement and Declaration (American Beacon Apollo Total Return Fund)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust. Every Shareholder by virtue of having become a Shareholder shall be bound by the terms hereof. The death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the By-Lawsexistence of the Trust or a Series shall not operate to terminate the Trust or any Series, and nor entitle the representative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust, any Series or the Trustees, but entitles such representative only to the rights of such Shareholder under applicable lawthis Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or any Series Property, or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy None of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor or any officer, employee or agent of the Trust, Trust or any Series shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, No Shareholder shall be fully paid personally liable for the debts, liabilities, obligations and nonassessableexpenses incurred by, contracted for, or otherwise existing with respect to, the Trust or any Series. As provided in the DSTA, Shareholders shall be entitled entitled, to the fullest extent permitted by applicable law, to the same limitation of personal liability as that is extended under the Delaware General Corporation Law to stockholders of a private corporation organized corporations for profit profit. Ownership of Shares shall not entitle the Shareholders to any rights, including, without limitation, any third-party beneficiary rights, privileges, claims or remedies under any contract or agreement entered into by the General Corporation Law of Trust or any Series, including any agreement or contract with any service provider or other agent to or contractor with the State of DelawareTrust or any Series.

Appears in 3 contracts

Samples: Agreement (Symmetry Panoramic Trust), 1290 Funds, 1290 Funds

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration instrument. Every Shareholder by virtue of having become a Shareholder shall be bound by the terms hereof. The death of a Shareholder during the continuance of the Trust shall not operate to terminate the Trust or any Series of Shares thereof nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but only to the rights of said decedent under this Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIIINeither the Trust nor the Trustees nor any officer, Section 1 hereof, the death, incapacity, dissolution, termination, employee or bankruptcy of a Shareholder during the existence agent of the Trust and shall have any Series thereof power to bind personally any Shareholder nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. The Shares shall not operate to dissolve be personal property giving only the rights specifically set forth in this Declaration. For the avoidance of doubt, Shareholders shall have no rights, privileges, claims or remedies under any contract or agreement entered into by the Trust or any such SeriesSeries thereof with any service provider or other agent to or contractor with the Trust or a Series thereof, nor entitle the representative of including, without limitation, any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trustthird party beneficiary rights. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each ShareThe Shares shall not entitle the holder to preference, when issued on preemptive, appraisal, conversion or exchange rights, except as the terms determined by the Board Trustees may determine with respect to any Series or Class of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of DelawareShares.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (John Hancock Variable Insurance Trust), Agreement and Declaration (John Hancock Variable Insurance Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration instrument. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become a party hereto. The death of a Shareholder during the continuance of the Trust shall not operate to terminate the same nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but only to the rights of said decedent under this Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject Shareholders shall not be subject to Article VIII, Section 1 hereof, any personal liability for the death, incapacity, dissolution, termination, acts or bankruptcy obligations of the Trust. The rights accruing to a Shareholder during under this Section 3.7 shall not exclude any other right to which such Shareholder may be lawfully entitled, nor shall anything herein contained restrict the existence right of the Trust and to indemnify or reimburse a Shareholder in any Series thereof shall appropriate situation even though not operate to dissolve specifically provided for herein; however, a Shareholder of any series of the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder shall be indemnified only from assets belonging to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trustthat series. Neither the Trust nor the Trustees, nor any officer, employee or nor agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As except as provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delawareherein.

Appears in 2 contracts

Samples: Cavanal Hill Funds, Cavanal Hill Funds

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof. No Shareholder, as such, shall be personally liable for the debts, liabilities, obligations and expenses incurred by, contracted for, or otherwise existing with respect to, the By-LawsTrust or any Series. Shareholders, and as such, shall have the same limitation of personal liability as is extended to Stockholders of a private corporation for profit organized under applicable lawthe General Corporation Law of the State of Delaware. Every written obligation of the Trust or any Series shall contain a statement to the effect that such obligation may only be enforced against the assets of the Trust or such Series; however, the omission of such statement shall not operate to bind or create personal liability for any Shareholder or Trustee or any other Series. The death, incapacity, dissolution, termination or bankruptcy of a Shareholder during the existence of the Trust shall not operate to terminate the Trust, nor entitle the representative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but entitles such representative only to the rights of such Shareholder under this Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on Ownership of Shares shall not make the terms determined Shareholders third-party beneficiaries of any contract entered into by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of DelawareTrust.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Putnam ETF Trust), Agreement and Declaration of Trust (Putnam ETF Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof. The death, incapacity, dissolution, termination or bankruptcy of a Shareholder during the By-Lawsexistence of the Trust or an applicable Series shall not operate to terminate the Trust or such Series, and nor entitle the representative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust, such Series or the Trustees, but entitles such representative only to the rights of such Shareholder under applicable lawthis Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or assets with respect to the applicable Series, or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy None of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor or any officer, employee or agent of the Trust, Trust or any Series shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, No Shareholder shall be fully paid personally liable for the debts, liabilities, obligations and nonassessableexpenses incurred by, contracted for, or otherwise existing with respect to, the Trust or any Series. As provided in the DSTA, Shareholders shall be entitled entitled, to the fullest extent permitted by applicable law, to the same limitation of personal liability as that is extended under the Delaware General Corporation Law to stockholders of a private corporation organized corporations for profit under the General Corporation Law of the State of Delawareprofit.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (1290 Funds), Agreement and Declaration (1290 Funds)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration instrument. Every Shareholder by virtue of having become a Shareholder shall be bound by the terms hereof. The death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust shall not operate to terminate the Trust, nor entitle the By-Lawsrepresentative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, and but shall entitle such representative only to the rights of such Shareholder under applicable lawthis Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or any right to call for a partition participation or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject As provided in the Delaware Act, Shareholders shall have the same limitation of personal liability as is extended to Article VIIIshareholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware. No Shareholder shall be personally liable for the debts, Section 1 hereofliabilities, the deathobligations and expenses incurred by, incapacity, dissolution, terminationcontracted for, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve otherwise existing with respect to, the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee employee, or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on Ownership of Shares shall not make the terms determined Shareholders third-party beneficiaries of any contract entered into by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of DelawareTrust or any Series.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Allianz Variable Insurance Products Trust), And Restated Agreement (Allianz Variable Insurance Products Fund of Funds Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal bepersonal property giving to Shareholders only the rights provided in this Declaration of Trust and underapplicable law. Every Shareholder by virtue of having become a Shareholder shall be held to have expresslyassented and agreed to the terms hereof and to have become a party hereto. The death of a Shareholder duringthe existence of the Trust shall not operate to dissolve the Trust or any Series, nor entitle the representative ofany deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or theTrustees or any Series, but entitles such representative only to the rights of said deceased Shareholder under thisDeclaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part anypart of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership theownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, ,employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically asspecifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessmentwhatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, All Shares when issued on issuedon the terms determined by the Board of Trustees, Trustees shall be fully paid and nonassessable. As provided in the DSTAtheDSTA, Shareholders of the Trust shall be entitled to the same limitation of personal liability as that extended to stockholders tostockholders of a private corporation organized for profit under the General Corporation Law general corporationlaw of the State of Delaware.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Elessar Funds Investment Trust), Agreement and Declaration of Trust (Elessar Funds Investment Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the The death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of TrustTrust and the By-Laws. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration (Franklin Mutual Recovery Fund)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or nor agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration (Philadelphia Investment Partners New Generation Fund)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the Board by the terms hereof. The death, incapacity, dissolution, termination or bankruptcy of a Shareholder during the By-Lawsexistence of the Trust shall not operate to dissolve the Trust or any Series, and nor entitle the representative of each such Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees or any Series, but entitles such representative only to the rights of said Shareholder under applicable lawthis Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIIINo Shareholder shall be personally liable for the debts, Section 1 hereofliabilities, the deathobligations, incapacityand expenses incurred by, dissolution, terminationcontracted for, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate otherwise existing with respect to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, All Shares when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders of the Trust shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law general corporation law of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration (Lincoln Funds Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust or the Bylaws. Among the rights Shareholders shall not have unless expressly provided herein or by the Bylaws or expressly provided by law and not permitted to be waived are rights to: (i) enforce contractual claims of the Trust or any series, (ii) assert claims against the Trust or any series or its Trustees, Officers or service providers, (iii) assert derivative claims on behalf of the Trust or any series or involving any alleged harm to the Trust or any Series, or (iv) bring a claim on behalf of any other Shareholder. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms of this Declaration of Trust and the Bylaws and to have become a party thereto. The death of a Shareholder during the continuance of the Trust shall not operate to terminate the same nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but only to the rights of said decedent under this Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, nor except as specifically provided herein, herein to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Goehring & Rozencwajg Investment Funds)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part The ownership of the Trust Property or and the right to conduct the business of the Trust described herein are vested exclusively in the Sponsor and the Trustee. The Shareholders shall have no interest therein other than the beneficial interest conferred by their Shares, and they shall have no right to call for a any partition or division of any Trust Property, rights or interests of the same or for an accountingTrust, nor shall can they be called upon to share or assume any losses of the Trust or suffer an assessment of any kind by virtue of their ownership of Shares constitute Shares. Every Shareholder, by virtue of having purchased a Share, shall become a Shareholder of the Shareholders as partnersTrust and shall be held to have expressly assented and agreed to be bound by the terms hereof and to have become a party hereto. Subject to Article VIII, Section 1 hereof, the The death, incapacity, dissolution, termination, termination or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve terminate the Trust or any such SeriesTrust, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees Sponsor or any such Seriesthe Trustee, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt such Shareholder under this Declaration Trust Agreement. Ownership of TrustShares shall not constitute the Shareholders as partners. Neither The Shares shall not entitle the holder to preference, preemptive, appraisal, conversion or exchange rights (except as specified in this Trust Agreement or as specified by the Trust nor or the TrusteesSponsor when creating the Shares). No Shareholder shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Property or the acts, nor any officer, employee obligations or agent affairs of the Trust, . Shareholders shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that is extended to stockholders of a private corporation organized for profit incorporated under the Delaware General Corporation Law of the State of DelawareLaw.

Appears in 1 contract

Samples: Trust and Trust Agreement (Bitwise Bitcoin ETF)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, Trust and under applicable law. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become a party hereto. The death of a Shareholder during the existence of the Trust shall not operate to dissolve the Trust or any Series, nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees or any Series, but entitles such representative only to the rights of said deceased Shareholder under this Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each ShareAll Shares, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTADelaware Act, Shareholders of the Trust shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law general corporation law of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration (Pennsylvania Avenue Funds)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, . Among the rights Shareholders shall not have unless expressly provided by the By-LawsLaws or expressly provided by law and not permitted to be waived are rights to: (i) enforce contractual claims of the Trust or any Series, (ii) assert claims against the Trust or any Series or its Trustees, Officers or service providers, (iii) assert derivative claims on behalf of the Trust or any Series or involving any alleged harm to the Trust or any Series, or (iv) bring a claim on behalf of any other shareholder. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become a party hereto. The death of a Shareholder during the continuance of the Trust shall not operate to terminate the same nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but entitles such representative only to the rights of said deceased Shareholder under applicable lawthis Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any ShareholderShareholders, nor, nor except as specifically provided herein, herein to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of DelawareSection 5.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Gmo Trust)

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Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder Franklin Tax-Free Trust # 3254751 v. 1 to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Franklin Tax Free Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, . Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to the terms of any By-Lawslaws adopted pursuant to Section 4.5 hereof. The death, and incapacity, dissolution, termination or bankruptcy of a Shareholder during the existence of the Trust or an applicable Series shall not operate to terminate the Trust or any Series, nor entitle the representative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust, any Series or the Trustees, but entitles such representative only to the rights of such Shareholder under applicable lawthis Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the assets held with respect to the applicable Series or any other Series or the assets of the Trust Property generally or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIIIFor the avoidance of doubt, Section 1 hereofShareholders shall have no rights, the deathprivileges, incapacity, dissolution, termination, claims or bankruptcy of a Shareholder during the existence of the Trust and remedies under any Series thereof shall not operate to dissolve contract or agreement entered into by the Trust or any such SeriesSeries thereof with any service provider or other agent to or contractor with the Trust or a Series thereof, nor entitle including, without limitation, any third party beneficiary rights. None of the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the TrustTrusts, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, nor to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, No Shareholder shall be fully paid personally liable for the debts, liabilities, obligations and nonassessableexpenses incurred by, contracted for, or otherwise existing with respect to, the Trust or any Series or Class. As provided in the DSTA, Shareholders shall be entitled entitled, to the fullest extent permitted by law, to the same limitation of personal liability as that is extended under the Delaware General Corporation Law to stockholders of a private corporation organized corporations for profit under the General Corporation Law of the State of Delawareprofit.

Appears in 1 contract

Samples: Agreement and Declaration (American Beacon Institutional Funds Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust. Every Shareholder by virtue of having become a Shareholder shall be bound by the terms hereof. The death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the By-Lawsexistence of the Trust or a Series shall not operate to terminate the Trust or any Series, and nor entitle the representative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust, any Series or the Trustees, but entitles such representative only to the rights of such Shareholder under applicable lawthis Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or Series Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIIINo Shareholder shall be personally liable for the debts, Section 1 hereofliabilities, the deathobligations and expenses incurred by, incapacity, dissolution, terminationcontracted for, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve otherwise existing with respect to, the Trust or any such Series, nor entitle the representative . None of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor or any officer, employee employee, or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each ShareOwnership of Shares shall not entitle the Shareholders to any rights, when issued on the terms determined including, without limitation, any third-party beneficiary rights, privileges, claims or remedies under any contract or agreement entered into by the Board of TrusteesTrust or any Series, shall be fully paid and nonassessable. As provided in including any agreement or contract with any service provider or other agent to or contractor with the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of DelawareTrust or any Series.

Appears in 1 contract

Samples: Agreement and Declaration (Eq Advisors Trust)

Status of Shares and Limitation of Personal Liability. Shares ----------------------------------------------------- shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-LawsLaws of the Trust and the resolutions of the Board of Trustees. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms thereof. The death of a Shareholder during the existence of the Trust shall not operate to terminate the Trust, and nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but shall entitle such representative only to the rights of said deceased Shareholder under applicable lawthis Declaration of Trust. Ownership of Shares shall not entitle the a Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject partners or joint venturers except as specifically provided for pursuant to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, III herein or bankruptcy of a Shareholder during the existence by resolution of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative Board of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of TrustTrustees. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, or to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration (Smithgraham Institutional Funds)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, Trust and under applicable law. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become a party hereto. The death of a Shareholder during the existence of the Trust shall not operate to dissolve the Trust or any Series, nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees or any Series, but entitles such representative only to the rights of said deceased Shareholder under this Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, All Shares when issued on the terms determined by the Board of Trustees, including without limitation Shares issued in connection with a dividend paid in Shares or a split or reverse split of Shares, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders of the Trust shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law general corporation law of the State of Delaware.

Appears in 1 contract

Samples: Victory Portfolios Ii (Victory Portfolios II)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the Board by the terms hereof. The death, incapacity, dissolution, termination or bankruptcy of a Shareholder during the By-Lawsexistence of the Trust shall not operate to dissolve the Trust or any Series, and nor entitle the representative of each such Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees or any Series, but entitles such representative only to the rights of said Shareholder under applicable lawthis Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIIINo Shareholder shall be personally liable for the debts, Section 1 hereofliabilities, the deathobligations, incapacityand expenses incurred by, dissolution, terminationcontracted for, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate otherwise existing with respect to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, All Shares when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTADBTA, Shareholders of the Trust shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law general corporation law of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Lincoln National Aggressive Growth Fund Inc)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-LawsBylaws, and under applicable law. Ownership of Shares shall not entitle the Shareholder Shareholders to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated terminated, or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees Trustees, or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated terminated, or bankrupt Shareholder under this Declaration of Trust, the Bylaws and applicable law. Neither the Trust nor the Trustees, nor any officer, employee employee, or agent of the Trust, shall have any power to bind personally any Shareholder, Shareholder nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may personally, at any time personally may agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of DelawareDGCL. Section 5.

Appears in 1 contract

Samples: Agreement and Declaration (Dfa Investment Trust Co)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-LawsBylaws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated terminated, or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees Trustees, or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated terminated, or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee employee, or agent of the Trust, shall have any power to bind personally any Shareholder, Shareholder nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may personally, at any time personally may agree to paypay at any time. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Genworth Variable Insurance Trust

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partnerspartners or joint venturers except as specifically provided for pursuant to Article III, Section 6 herein or by resolution of the Board of Trustees. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTADBTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration (Franklin Floating Rate Master Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust Franklin Value Investors Trust # 1339629 v. 2 nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Franklin Value Investors Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.and

Appears in 1 contract

Samples: Agreement and Declaration (Franklin Strategic Series)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration instrument. Every Shareholder by virtue of Trusthaving become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become a party hereto. The death of a Shareholder during the existence of the Fund shall not operate to terminate the Fund, nor entitle the By-Lawsrepresentative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Fund or the Trustees, and but entitles such representative only to the rights of said deceased Shareholder under applicable lawthis Fund. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Fund Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject Shareholders shall have no right to Article VIIIcall for any partition or division of any property, Section 1 hereofprofits, rights or interests of the deathFund nor can they be called upon to share or assume any losses of the Fund or suffer an assessment of any kind by virtue of their ownership of Shares. The Shares shall not entitle the holder to preference, incapacitypreemptive, dissolutionappraisal, termination, conversion or bankruptcy exchange rights. Shareholders shall have the same limitations of personal liability as is extended to shareholders of a Shareholder during private corporation organized for profit incorporated in the existence State of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of TrustDelaware. Neither the Trust Fund nor the Trustees, nor any officer, employee or agent of the TrustFund, shall have any power to bind personally any Shareholder, Shareholders nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each ShareThe Shares of the Fund, when issued on the terms determined by the Board of Trusteesissued, shall be fully paid and nonassessable. As provided in non-assessable by the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of DelawareFund.

Appears in 1 contract

Samples: Pomona Investment Fund

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration instrument. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become a party hereto. The death of a Shareholder during the existence of the Trust shall not operate to terminate the Trust, nor entitle the By-Lawsrepresentative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, and but entitles such representative only to the rights of said deceased Shareholder under applicable lawthis Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIIINo Shareholder shall be personally liable for the debts, Section 1 hereofliabilities, the deathobligations and expenses incurred by, incapacity, dissolution, terminationcontracted for, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve otherwise existing with respect to, the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any ShareholderShareholders, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to have the same limitation of personal liability as that is extended to stockholders Shareholders of a private corporation organized for profit under the General Corporation Law of incorporated in the State of Delaware. Every written obligation of the Trust or any Series shall contain a statement to the effect that such obligation may only be enforced against the assets of the Trust or such Series; however, the omission of such statement shall not operate to bind or create personal liability for any Shareholder or Trustee.

Appears in 1 contract

Samples: Agreement and Declaration (Morgan Grenfell Investment Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration instrument. Every Shareholder, by virtue of having become a Shareholder, shall be held to have expressly assented and agreed to the terms hereof and to have become a party hereto. The death of a Shareholder during the existence of the Trust shall not operate to terminate the Trust, nor entitle the By-Lawsrepresentative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, and but entitles such representative only to the rights of said deceased Shareholder under applicable lawthis Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIIIFor the avoidance of doubt, Section 1 hereofShareholders shall have no rights, the deathprivileges, incapacity, dissolution, termination, claims or bankruptcy of a Shareholder during the existence of the Trust and remedies under any Series thereof shall not operate to dissolve contract or agreement entered into by the Trust or any such Series with any service provider or other agent to or contractor with the Trust or a Series, nor entitle the representative of including, without limitation, any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trustthird-party beneficiary rights. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each ShareThis Amendment may be executed in a number of counterparts, when issued on the terms determined by the Board all of Trustees, which shall be fully paid deemed one and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delawareinstrument.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (City National Rochdale Funds)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, Laws and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the The death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such SeriesTrust, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, Trust or the Trustees or any such SeriesTrustees, but entitles shall entitle such representative only to the rights rights, as a Shareholder under this Declaration of Trust and the By-Laws, of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of TrustShareholder. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTADBTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration (Templeton Emerging Markets Fund Inc)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration instrument. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof. The death, incapacity, dissolution, termination or bankruptcy of a Shareholder during the existence of the Trust shall not operate to terminate the Trust, nor entitle the By-Lawsrepresentative of any such Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, and but entitles such representative only to the rights of such Shareholder under applicable lawthis Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each ShareExcept as specifically provided herein, when issued on the terms determined by the Board of Trustees, no Shareholder shall be fully paid and nonassessablepersonally liable for the debts, liabilities, obligations or expenses incurred by, contracted for, or otherwise existing with respect to, the Trust or by or on behalf of any Series or Class. As provided in Every note, bond, contract or other understanding issued by or on behalf of the DSTA, Shareholders shall be entitled Trust or Trustees relating to the same limitation Trust or to a Series or Class may include a recitation limiting the obligation represented thereby to the Trust or to one or more Series or Class and its respective assets (but the omission of personal liability as that extended such a recitation shall not operate to stockholders of a private corporation organized for profit under the General Corporation Law bind any Shareholder or Trustee of the State of DelawareTrust).

Appears in 1 contract

Samples: Agreement and Declaration (Euclid Mutual Funds)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part a. The ownership of the Trust Property or and the right to conduct the business of the Trust and each Series described herein are vested exclusively in the Sponsor and the Trustees. The Shareholders of a Series shall have no interest therein other than the beneficial interest in such Series conferred by their Shares, and they shall have no right to call for a any partition or division of any Trust Property, rights or interests of the same Trust or for an accountinga Series, nor shall can they be called upon to share or assume any losses of the Trust or, subject to the right of the Sponsor to charge certain expenses directly to Shareholders, suffer an assessment of any kind by virtue of their ownership of Shares. Every Shareholder, by virtue of having purchased a Share, shall become a Shareholder of the Series whose Share or Shares constitute it has purchased and shall be held to have expressly assented and agreed to be bound by the Shareholders as partnersterms hereof and to have become a party hereto. Subject to Article VIII, Section 1 hereof, the The death, incapacity, dissolution, termination, termination or bankruptcy of a Shareholder during the existence of the Trust and any or a Series thereof shall not operate to dissolve terminate the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt deceased Shareholder to an accounting or to take any action in court or elsewhere against the TrustTrust or such Series, the Trustees Sponsor or any such Seriesthe Trustees, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt such Shareholder under this Declaration of Trust. Neither Ownership of Shares shall not constitute the Shareholders as partners. The Shares shall not entitle the holder to preference, preemptive, appraisal, conversion or exchange rights (except as specified in this Declaration of Trust or as specified by the Trust nor or the TrusteesSponsor when creating the Shares). No Shareholder of a Series shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Property or the acts, nor any officer, employee obligations or agent affairs of the Trust, . Shareholders shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that is extended to stockholders of a private corporation organized for profit incorporated under the Delaware General Corporation Law of the State of DelawareLaw.

Appears in 1 contract

Samples: Trust Agreement

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, . Among the rights Shareholders shall not have unless expressly provided by the By-Laws, if any, or expressly provided by law and not permitted to be waived are rights to: (i) enforce contractual claims of the Trust or any Series, (ii) assert claims against the Trust or any Series or its Trustees, Officers or service providers, or (iii) bring a claim on behalf of any other Shareholder. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms of this Declaration of Trust and the By-Laws (each as amended from time to time) and to have become a party thereto. The death of a Shareholder during the continuance of the Trust shall not operate to terminate the same nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but entitles such representative only to the rights of said deceased Shareholder under applicable lawthis Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any ShareholderShareholders, nor, nor except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (GMO Series Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided by this Declaration of Trust and under applicable law. Every Holder, by virtue of having become a Holder, shall be held to have expressly assented and agreed to the terms thereof and to have become a party hereto. The death of a Holder during the existence of the Trust shall not operate to terminate the Trust, nor entitle the representative of any deceased Holder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but entitles such representative only to the rights of said deceased Holder under this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder Holder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders Holders as partners. Subject partners or joint venturers except as specifically provided for pursuant to Article VIIIIII, Section 1 hereof, the death, incapacity, dissolution, termination, 3.06 herein or bankruptcy of a Shareholder during the existence by resolution of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative Board of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of TrustTrustees. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any ShareholderHolders, nor, except as specifically provided herein, to call upon any Shareholder Holder for the payment to the Trust of any sum of money or assessment whatsoever other than such as the Shareholder Holder may at any time personally agree to pay. Each Share; provided, when issued on that the terms determined by the Board of TrusteesHolders shall pay such sales charges, shall be fully paid and nonassessable. As provided deferred or otherwise, exchange, redemption or transfer fees, or other similar fees, as set forth in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law then effective prospectus of the State of DelawareTrust, as amended or restated from time to time.

Appears in 1 contract

Samples: Agreement and Declaration (Franklin Floating Rate Master Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, Trust and the By-Laws. Every Shareholder, by virtue of having become a Shareholder, shall be held to have expressly assented and agreed to the terms of this Declaration of Trust and any other governing instrument and shall be bound thereby. The death of a Shareholder during the existence of the Trust shall not operate to terminate the Trust, nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but entitles such representative only to the rights of said deceased Shareholder under applicable lawthis Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIIIFor the avoidance of doubt, Section 1 hereofShareholders shall have no rights, the deathprivileges, incapacity, dissolution, termination, claims or bankruptcy of a Shareholder during the existence of the Trust and remedies under any Series thereof shall not operate to dissolve contract or agreement entered into by the Trust or any such SeriesSeries thereof with any service provider or other agent to or contractor with the Trust or a Series thereof, nor entitle the representative of including, without limitation, any deceasedthird party beneficiary rights, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action except as may be expressly provided in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated contract or bankrupt Shareholder under this Declaration of Trustagreement. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on provided however that any sales loads or charges, redemption fees, account fees or any other fees or charges not prohibited as charges to Shareholders under applicable federal law shall not be deemed to be an assessment for the terms determined by the Board purposes of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delawarethis Declaration.

Appears in 1 contract

Samples: Agreement and Declaration (City National Rochdale Funds)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, Trust and under applicable law. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof. The death, incapacity, dissolution, termination or bankruptcy of a Shareholder during the existence of the Trust shall not operate to dissolve the Trust or any Series, nor entitle the representative of any Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees or any Series, but entitles such representative only to the rights of said deceased Shareholder under this Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, partners or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trustjoint ventures. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, All Shares when issued on the terms determined by the Board of Trustees, Trustees shall be fully paid and nonassessable. As provided in the DSTA, Shareholders of the Trust shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law general corporation law of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration (Huntington Strategy Shares)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-LawsBylaws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. For the avoidance of doubt, Shareholders shall have no rights, privileges, claims or remedies under any contract or agreement entered into by the Trust with any service provider or other agent to or contractor with the Trust, including, without limitation, any third party beneficiary rights, except as may be expressly provided in any such contract or agreement. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such SeriesTrust, nor entitle the representative of any deceased, incapacitated, dissolved, terminated terminated, or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such SeriesTrustees, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated terminated, or bankrupt Shareholder under this Declaration of Trust, the Bylaws and applicable law. Neither the Trust nor the Trustees, nor any officer, employee employee, or agent of the Trust, shall have any power to bind personally any Shareholder, Shareholder nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may personally, at any time personally may agree to paypay at any time. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of DelawareDGCL.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (USQ Core Real Estate Fund)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration and the Bylaws. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms of this Declaration and the Bylaws and to have become a party hereto and thereto. The death of a Shareholder during the continuance of the Trust shall not operate to terminate the Trust nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but only to the rights of said decedent under this Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute afford Shareholders the Shareholders as partnersstatus of partners of the Trust. Subject to Article VIIINo Shareholder shall be personally liable for debts, Section 1 hereofliabilities, the deathobligations and expenses incurred by, incapacity, dissolution, terminationcontracted for, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate otherwise existing with respect to dissolve the Trust or any such Series, nor entitle series or class of the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, nor except as specifically provided herein, herein to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (RMR Funds Series Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part The ownership of the Trust Property or of every description and the right to conduct any business herein before described are vested exclusively in the Sponsor and the Trustee, and the Unitholders shall have no interest therein other than the beneficial interest in a Series conferred by their Shares, and they shall have no right to call for a any partition or division of any property, profits, rights or interests of the same Trust or for an accountinga Series, nor shall can they be called upon to share or assume any losses of the Trust or, subject to the right of the Sponsor [or the Trustee] to charge certain expenses directly to Unitholders, suffer an assessment of any kind by virtue of their ownership of Shares constitute Shares. Every Unitholder, by virtue of having purchased a Share, shall become a Unitholder of the Shareholders as partnersSeries whose Share sit had purchased and shall be held to have expressly assented and agreed to be bound by the terms hereof and to have become a party hereto. Subject to Article VIII, Section 1 hereof, the The death, incapacity, dissolution, termination, termination or bankruptcy of a Shareholder Unitholder during the existence of the Trust and any or a Series thereof shall not operate to dissolve terminate the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder deceased Unitholder to an accounting or to take any action in court or elsewhere against the TrustTrust or such Series, the Trustees Sponsor or any such Seriesthe Trustee, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder such Unitholder under this Declaration of Trust. Ownership of Shares shall not constitute the Unitholders as partners. Neither the Trust nor the TrusteesSponsor, Trustee, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any ShareholderUnitholder. The Shares shall not entitle the holder to preference, norpreemptive, appraisal, conversion or exchange rights (except as specifically provided herein, to call upon any Shareholder for the payment specified in this Declaration of any sum of money other than such Trust or as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined specified by the Board Trust or the Sponsor when creating the Shares). No Unitholder of Trustees, a Series shall be fully paid and nonassessablesubject in such capacity to any personal liability whatsoever to any Person in connection with Trust Property or the acts, obligations or affairs of the Trust. As provided in the DSTA, Shareholders Unitholders shall be entitled to have the same limitation of personal liability as that is extended to stockholders of a private corporation organized for profit incorporated under the Delaware General Corporation Law of the State of DelawareLaw.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Global Currency Gold Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, Trust and under applicable law. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become a party hereto. The death of a Shareholder during the existence of the Trust shall not operate to dissolve the Trust or any Series, nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees or any Series, but entitles such representative only to the rights of said deceased Shareholder under this Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, All Shares when issued on the terms determined by the Board of Trustees, Trustees shall be fully paid and nonassessable. As provided in the DSTADBTA, Shareholders of the Trust shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law general corporation law of the State of Delaware.

Appears in 1 contract

Samples: Golden Oak Family of Funds

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-LawsLaws of the Trust and the resolutions of the Board of Trustees. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms thereof. The death of a Shareholder during the existence of the Trust shall not operate to terminate the Trust, and nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but shall entitle such representative only to the rights of said deceased Shareholder under applicable lawthis Declaration of Trust. Ownership of Shares shall not entitle the a Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partnerspartners or joint venturers except as specifically provided for pursuant to herein or by resolution of the Board of Trustees. Subject to Article VIIIAs provided by applicable law, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a no Shareholder during the existence of the Trust shall be personally liable for the debts, liabilities, obligations and any Series thereof shall not operate to dissolve expenses incurred by, contracted for, or otherwise existing with respect to, the Trust or any such SeriesSeries or Class thereof. The Shareholders shall be entitled, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights fullest extent permitted by applicable law, to the same limitation of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder personal liability as is extended under this Declaration the Delaware General Corporation Law to stockholders of Trustprivate corporations for profit. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, or to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Forward Funds)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Every Shareholder by virtue of having become a Shareholder shall be held to have expressly assented and agreed to the terms hereof and to have become bound as a party hereto. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any Shareholder, nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTADBTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Agreement and Declaration (Templeton Developing Markets Trust)

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this instrument. Every Person by virtue of having become registered as an Shareholder on the books of the Trust pursuant to Section 2 of this Article shall be held to have expressly assented and agreed to the terms hereof and to be bound by this Declaration of Trust. The death of a Shareholder during the continuance of the Trust shall not operate to terminate the same nor entitle the representative of any deceased Shareholder to an accounting or to take any action in court or elsewhere against the Trust or the Trustees, but only to the By-Laws, and rights of said decedent under applicable lawthis Declaration of Trust. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy Shareholders of a Shareholder during the existence Series of the Trust shall be jointly and any severally liable (with rights of contribution inter se in proportion to their respective interests in that Series) for the liabilities and obligations of such Series thereof shall not operate to dissolve in the event the Trust or any fails to satisfy such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration of Trustliabilities and obligations. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, Trust shall have any power to bind any Shareholder or Trustee personally any Shareholderor, nor, except as specifically provided hereinsubject to the preceding sentence, to call upon any Shareholder for the payment of any sum of money or assessment whatsoever other than such as the Shareholder may at any time personally may agree to paypay by way of subscription for any Shares or otherwise. Each ShareEvery note, when bond, contract or other undertaking issued by or on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders behalf of a private corporation organized for profit under particular Series shall include a recitation limiting the General Corporation Law of the State of Delawareobligation represented thereby to that Series and its assets.

Appears in 1 contract

Samples: Lasalle Master Trust

Status of Shares and Limitation of Personal Liability. Shares shall be deemed to be personal property giving to Shareholders only the rights provided in this Declaration of Trust, the By-Laws, and under applicable law. Ownership of Shares shall not entitle the Shareholder to any title in or to the whole or any part of the Trust Property or right to call for a partition or division of the same or for an accounting, nor shall the ownership of Shares constitute the Shareholders as partners. Subject to Article VIII, Section 1 hereof, the death, incapacity, dissolution, termination, or bankruptcy of a Shareholder during the existence of the Trust and any Series thereof shall not operate to dissolve the Trust or any such Series, nor entitle the representative of any deceased, incapacitated, dissolved, terminated or bankrupt Shareholder to an accounting or to take any action in court or elsewhere against the Trust, the Trustees or any such Series, but entitles such representative only to the rights of said deceased, incapacitated, dissolved, terminated or bankrupt Shareholder under this Declaration Declaratio n of Trust. Neither the Trust nor the Trustees, nor any officer, employee or agent of the Trust, shall have any power to bind personally any ShareholderShareholder , nor, except as specifically provided herein, to call upon any Shareholder for the payment of any sum of money other than such as the Shareholder may at any time personally agree to pay. Each Share, when issued on the terms determined by the Board of Trustees, shall be fully paid and nonassessable. As provided in the DSTA, Shareholders shall be entitled to the same limitation of personal liability as that extended to stockholders of a private corporation organized for profit under the General Corporation Law of the State of Delaware.

Appears in 1 contract

Samples: Templeton Income Trust

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