Common use of TRUST AND SHAREHOLDER LIABILITY Clause in Contracts

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the Fund. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the Fund, nor from the Trustees or any individual Trustee of the Trust.

Appears in 182 contracts

Samples: Investment Advisory Agreement (Axa Premier Vip Trust), Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Axa Premier Vip Trust)

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TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the FundPortfolio. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundPortfolio, nor from the Trustees or any individual Trustee of the Trust.

Appears in 82 contracts

Samples: Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Eq Advisors Trust), Eq Advisors Trust (Eq Advisors Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the FundPortfolio. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundPortfolio(s), nor from the Trustees or any individual Trustee of the Trust.

Appears in 64 contracts

Samples: Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Axa Premier Vip Trust), Investment Advisory Agreement (Axa Premier Vip Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and the Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Trust Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the FundPortfolio. The Manager and the Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundPortfolio(s), nor from the Trustees or any individual Trustee of the Trust.

Appears in 15 contracts

Samples: Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Axa Enterprise Funds Trust), Investment Advisory Agreement (Axa Enterprise Funds Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the FundPortfolios. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundPortfolios, nor from the Trustees or any individual Trustee of the Trust.

Appears in 11 contracts

Samples: Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Axa Premier Vip Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the Fundeach Portfolio. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundPortfolios, nor from the Trustees or any individual Trustee of the Trust.

Appears in 10 contracts

Samples: Investment Advisory Agreement (Axa Premier Vip Trust), Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Eq Advisors Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the a Fund. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the a Fund, nor from the Trustees or any individual Trustee of the Trust.

Appears in 7 contracts

Samples: Investment Advisory Agreement (Axa Premier Vip Trust), Investment Advisory Agreement (AXA Enterprise Multimanager Funds Trust), Investment Advisory Agreement (Axa Premier Funds Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and each Trust’s Declaration of Trust of the Trust and agree agrees that obligations assumed by the a Trust pursuant to this Agreement shall be limited in all cases to the a Trust and its assets, and if the liability relates to one or more seriesFund, the obligations hereunder shall be limited to the respective assets of the that Fund. The Manager and Adviser further agree agrees that they it shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the Fund, nor from the Trustees or any individual Trustee of the a Trust.

Appears in 6 contracts

Samples: Management Agreement (American Beacon Funds), Management Agreement (American Beacon Select Funds), Management Agreement (American Beacon Select Funds)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Trust Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the FundPortfolio. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundPortfolio, nor from the Trustees or any individual Trustee of the Trust.

Appears in 6 contracts

Samples: Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Axa Premier Vip Trust), Investment Advisory Agreement (Eq Advisors Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the FundPortfolio. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundPortfolio(s), nor from the Trustees or any individual Trustee of the Trust.

Appears in 6 contracts

Samples: Investment Advisory Agreement (Eq Advisors Trust), Form of Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Axa Enterprise Funds Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Trust’s Agreement and Declaration of Trust of the Trust and agree agrees that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more seriesFund, the obligations hereunder shall be limited to the respective assets of the that Fund. The Manager and Adviser further agree agrees that they it shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the Fund, nor from the Trustees or any individual Trustee of the Trust.

Appears in 5 contracts

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

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and a Trust’s Declaration of Trust of the Trust and agree agrees that obligations assumed by the a Trust pursuant to this Agreement shall be limited in all cases to the a Trust and its assets, and if the liability relates to one or more seriesFund, the obligations hereunder shall be limited to the respective assets of the that Fund. The Manager and Adviser further agree agrees that they it shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the Fund, nor from the Trustees or any individual Trustee of the a Trust.

Appears in 4 contracts

Samples: Beacon Institutional Funds Trust Sub Administrative Services Fee Agreement (American Beacon Select Funds), Beacon Institutional Funds Trust Sub Administrative Services Fee Agreement (American Beacon Funds), Sub Administrative Services Fee Agreement (American Beacon Apollo Total Return Fund)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Trust Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the FundPortfolio. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundPortfolio(s), nor from the Trustees or any individual Trustee of the Trust.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Axa Enterprise Funds Trust), Investment Advisory Agreement (Axa Enterprise Funds Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Trust’s Declaration of Trust of the Trust and agree agrees that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more seriesFund, the obligations hereunder shall be limited to the respective assets of the that Fund. The Manager and Adviser further agree agrees that they it shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the Fund, nor from the Trustees or any individual Trustee of the Trust.

Appears in 3 contracts

Samples: Interim Management Agreement (American Beacon Funds), Management Agreement (American Beacon Select Funds), Management Agreement (American Beacon Select Funds)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the Fundportfolios. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundPortfolio, nor from the Trustees or any individual Trustee of the Trust.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Eq Advisors Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser Advisers are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the FundPortfolio. The Manager and Adviser Advisers further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundPortfolio(s), nor from the Trustees or any individual Trustee of the Trust.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Eq Advisors Trust)

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TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the FundFunds or Allocated Portion. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundFund or Allocated Portion, nor from the Trustees or any individual Trustee of the Trust.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Eq Advisors Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser Advisers are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the FundPortfolio. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundPortfolio, nor from the Trustees or any individual Trustee of the Trust.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Eq Advisors Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the Fundeach Portfolio. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the Fundeach Portfolio, nor from the Trustees or any individual Trustee of the Trust.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Axa Premier Vip Trust), Investment Advisory Agreement (Axa Premier Vip Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and the Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Trust Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the Fundportfolios. The Manager and the Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundPortfolio, nor from the Trustees or any individual Trustee of the Trust.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Axa Enterprise Funds Trust), Investment Advisory Agreement (Axa Enterprise Funds Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the FundFunds. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundFunds, nor from the Trustees or any individual Trustee of the Trust.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Axa Premier Vip Trust), Investment Advisory Agreement (Axa Premier Vip Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree agrees that obligations assumed by the a Trust pursuant to this Agreement shall be limited in all cases to the a Trust and its assets, and if the liability relates to one or more seriesFund, the obligations hereunder shall be limited to the respective assets of the that Fund. The Manager and Adviser further agree agrees that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the Fund, nor from the Trustees or any individual Trustee of the a Trust.

Appears in 2 contracts

Samples: Management Agreement (American Beacon Funds), Management Agreement (American Beacon Funds)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the Fund. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundFund(s), nor from the Trustees or any individual Trustee of the Trust.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Axa Enterprise Funds Trust), Investment Advisory Agreement (Axa Enterprise Funds Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the FundFund or Allocated Portion. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundFund or Allocated Portion, nor from the Trustees or any individual Trustee of the Trust.

Appears in 1 contract

Samples: Investment Advisory Agreement (Eq Advisors Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and the Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Trust Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the Fund. The Manager and the Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the FundFund(s), nor from the Trustees or any individual Trustee of the Trust.

Appears in 1 contract

Samples: Investment Advisory Agreement (Axa Enterprise Funds Trust)

TRUST AND SHAREHOLDER LIABILITY. The Manager and Adviser are hereby expressly put on notice of the limitation of shareholder liability as set forth in the Agreement and Declaration of Trust of the Trust and agree that obligations assumed by the Trust pursuant to this Agreement shall be limited in all cases to the Trust and its assets, and if the liability relates to one or more series, the obligations hereunder shall be limited to the respective assets of the Funda Portfolio. The Manager and Adviser further agree that they shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of the Funda Portfolio, nor from the Trustees or any individual Trustee of the Trust.

Appears in 1 contract

Samples: Investment Advisory Agreement (Axa Premier Vip Trust)

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