Common use of TRUST AND SHAREHOLDER LIABILITY Clause in Contracts

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

Appears in 47 contracts

Samples: Investment Sub Advisory Agreement (AdvisorShares Trust), Investment Sub Advisory Agreement (AdvisorShares Trust), Investment Sub Advisory Agreement (AdvisorShares Trust)

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

Appears in 11 contracts

Samples: Investment Sub Advisory Agreement (WisdomTree Digital Trust), Advisory Agreement (WisdomTree Digital Trust), Investment Sub Advisory Agreement (WisdomTree Trust)

TRUST AND SHAREHOLDER LIABILITY. The Sub-Adviser is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Trust Declaration of Trust and agrees that obligations obligations, if any, assumed by the Trust pursuant to this Agreement will 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 will shall be limited to the respective assets of that seriesthe Fund. The Sub-Adviser further agrees that it will shall not seek satisfaction of any such obligation from the shareholders or any individual shareholder of a Fundthe Fund(s), nor from the Trustees or any individual Trustee of the Trust.

Appears in 11 contracts

Samples: Form of Sub Advisory Agreement (WisdomTree Digital Trust), Mutual Participation Agreement (WisdomTree Investments, Inc.), Sub Advisory Agreement (WisdomTree Trust)

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

Appears in 6 contracts

Samples: Sub Advisory Agreement (Krane Shares Trust), Sub Advisory Agreement (Krane Shares Trust), Sub Advisory Agreement (Krane Shares Trust)

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

Appears in 4 contracts

Samples: Sub Advisory Agreement (Krane Shares Trust), Sub Advisory Agreement (Krane Shares Trust), Sub Advisory Agreement (Krane Shares Trust)

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

Appears in 3 contracts

Samples: Investment Sub Advisory Agreement (DBX ETF Trust), Investment Sub Advisory Agreement (DBX ETF Trust), Investment Sub Advisory Agreement (DBX ETF Trust)

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

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (Krane Shares Trust), Investment Sub Advisory Agreement (Krane Shares Trust)

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

Appears in 2 contracts

Samples: Sub Advisory Agreement (Krane Shares Trust), Sub Advisory Agreement (Krane Shares Trust)

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

Appears in 1 contract

Samples: Form of Subadvisory Agreement (Global X Funds)

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

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (DBX ETF Trust)

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

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (American Beacon Apollo Total Return Fund)

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

Appears in 1 contract

Samples: Sub Advisory Agreement (Krane Shares Trust)

TRUST AND SHAREHOLDER LIABILITY. The Sub-Adviser is hereby expressly put on notice of the limitation of shareholder liability as set forth in the Declaration of Trust and agrees that obligations assumed by the Trust pursuant to this Agreement will be limited in all cases to the Trust and its assets, and if the liability relates to one series, the obligations hereunder will be limited to the respective assets of that series. The Sub-Adviser further agrees that it will not seek satisfaction of any such obligation from the shareholders or any individual shareholder of a Fundthe Affordable Housing ETF, nor from the Trustees or any individual Trustee of the Trust.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Impact Shares Trust I)

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