Common use of Trust Not a Partnership Clause in Contracts

Trust Not a Partnership. It is hereby expressly declared that a trust and not a partnership is created hereby. No Trustee hereunder shall have any power to bind personally either the Trust officers or any Shareholder. All Persons extending credit to, contracting with or having any claim against the Trust or the Trustees shall look only to the assets of the appropriate Series or (if the Trustees shall have yet to have established Series) of the Trust for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of their agents, whether past, present or future, shall be personally liable therefor. Nothing in this Trust Instrument shall protect a Trustee against any liability to which the Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee hereunder.

Appears in 13 contracts

Samples: Agreement and Declaration of Trust (Managed Portfolio Series), Agreement and Declaration (Broadview Funds Trust), Agreement and Declaration of Trust (Texas Capital Funds Trust)

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Trust Not a Partnership. It is hereby expressly declared that a statutory trust and not a partnership is created hereby. No Trustee hereunder shall have any power to bind personally either the Trust Trust’s officers or any Shareholder. All Persons extending credit to, contracting with with, or having any claim against the Trust or the Trustees shall look only to the assets of the appropriate Series or (if the Trustees shall have yet to have established the Series) of the Trust for payment under such credit, contract contract, or claim; and neither the Shareholders nor the Trustees, nor any of their agents, whether past, present present, or future, shall be personally liable therefortherefore. Nothing in this Trust Instrument shall protect a Trustee against any liability to which the Trustee otherwise would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence negligence, or reckless disregard of the duties involved in the conduct of the office of Trustee hereunder.

Appears in 3 contracts

Samples: Agreement and Declaration (BlackRock ETF Trust), Agreement and Declaration (BlackRock ETF Trust), Agreement and Declaration (BlackRock ETF Trust II)

Trust Not a Partnership. It is hereby expressly declared that a trust and not a partnership is created hereby. No Trustee hereunder shall have any power to bind personally either the Trust Trust’s officers or any Shareholder. All Persons persons extending credit to, contracting with with, or having any claim against the Trust or the Trustees shall look only to the assets of the appropriate Series or (if If the Trustees shall have yet to have established the Series) of the Trust for payment under such credit, contract contract, or claim; and neither the Shareholders nor the Trustees, nor any of their agents, whether past, present present, or future, shall be personally liable therefortherefore. Nothing in this Trust Instrument shall protect a Trustee against any liability to which the Trustee otherwise would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence negligence, or reckless disregard of the duties involved in the conduct of the office of Trustee hereunder.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (iShares U.S. ETF Trust), Agreement and Declaration of Trust (iShares U.S. ETF Trust), Agreement and Declaration (Ishares Trust)

Trust Not a Partnership. It is hereby expressly declared that a trust and not a partnership is created hereby. No Trustee hereunder shall have any power to bind personally either the Trust officers or any Shareholder. All Persons persons extending credit to, contracting with or having any claim against the Trust or the Trustees shall look only to the assets of the appropriate Series or (if the Trustees shall have yet to have established Series) of the Trust for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of their agents, whether past, present or future, shall be personally liable therefor. Nothing in this Trust Instrument shall protect a Trustee against any liability to which the Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee hereunder.

Appears in 3 contracts

Samples: CDC MPT Funds, Conestoga Funds, Credit Suisse Short Duration Bond Fund

Trust Not a Partnership. It is hereby expressly declared that a trust and not a partnership is created hereby. No Trustee hereunder shall have any power to bind personally either the Trust officers or any Shareholder. All Persons persons extending credit to, contracting with or having any claim against the Trust or the Trustees shall look only to the assets of the appropriate Series or (if the Trustees shall have yet to have established Series) of the Trust for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of their agents, whether past, present or future, shall be personally liable therefor. Nothing in this Trust Instrument shall protect a Trustee against any liability to which the Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee hereunder.. SECTION 11.02

Appears in 2 contracts

Samples: And Termination Agreement and Plan of Conversion (Victory Portfolios), And Termination Agreement and Plan of Conversion (Victory Portfolios)

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Trust Not a Partnership. It is hereby expressly declared that a trust and not a partnership is created hereby. No Trustee hereunder shall have any power to bind personally either the Trust officers or any Shareholder. All Persons persons extending credit to, contracting with or having any claim against the Trust or the Trustees shall look only to the assets of the appropriate Series or (if the Trustees shall have yet to have established Series) of the Trust for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of their agents, whether past, present or future, shall be personally liable therefor. Nothing in this Trust Instrument shall protect a Trustee against any liability to the Trust or a Shareholder to which the Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee hereunder.

Appears in 2 contracts

Samples: Ramirez Trust, Ramirez Trust

Trust Not a Partnership. It is hereby expressly declared that a trust trust, and not a partnership partnership, is created hereby. No Trustee hereunder shall have any power to bind personally either the Trust officers or any Shareholder. All Persons persons extending credit to, contracting with or having any claim against the Trust or the Trustees shall look only to the assets of the appropriate Series or (if the Trustees shall have yet to have established Series) of the Trust for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of their agents, whether past, present or future, shall be personally liable therefor. Nothing in this Trust Instrument shall protect a Trustee against any liability to which the Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee hereunder.

Appears in 1 contract

Samples: Monarch Funds (Monarch Funds)

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