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’s 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 the Series, 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 otherwise would 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: Advisorshares Trust (AdvisorShares Trust), Agreement and Declaration (Us Global Investors Funds)

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Trust Not a Partnership. It is hereby expressly declared that the Trust is a statutory trust and not a partnership is created herebypartnership. No Trustee hereunder shall have any power to bind personally either the Trust’s 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, Series or (if the Trustees shall have yet to have established the Series, ) 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 therefortherefore. Nothing in this Trust Instrument shall protect a Trustee against any liability to which the Trustee otherwise would 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: Agreement and Declaration (TCW ETF Trust), Engine No. 1 ETF 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’s 's 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, Series or (if the Trustees shall have yet to have established the Series, ) 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 therefortherefore. Nothing in this Trust Instrument shall protect a Trustee against any liability to which the Trustee otherwise would 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: Agreement and Declaration of Trust (Exchange Traded Trust), Agreement and Declaration of Trust (Rydex Etf 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’s 's 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 Series or (If the Trustees shall have yet to have established the Series, ) 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 therefortherefore. Nothing in this Trust Instrument shall protect a Trustee against any liability to which the Trustee otherwise would 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: Agreement and Declaration of Trust (iSHARES TRUST), Ishares Trust (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’s Trust officers or any ShareholderShareholder to any obligation to which such person has not consented. 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, 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 therefor. Nothing in this Trust Instrument shall protect a Trustee against any liability to which the Trustee would otherwise would 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 2 contracts

Samples: Series Portfolios Trust (Series Portfolios Trust), Agreement And (Series Portfolios 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’s 's 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 Series or (If the Trustees shall have yet to have established the Series, ) 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 therefortherefore. Nothing in this Trust Instrument shall protect a Trustee against any liability to which the Trustee otherwise would 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: Agreement and Declaration of Trust (Ishares Trust), Agreement and Declaration of Trust (Ishares Trust)

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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’s 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, Series or (if the Trustees shall have yet to have established the Series, ) 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 therefortherefore. Nothing in this Trust Instrument shall protect a Trustee against any liability to which the Trustee otherwise would 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: Blackrock Collateral Trust (BlackRock Collateral 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’s 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, Series or (if the Trustees shall have yet to have established the Series, ) 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 therefortherefore. Nothing in this Trust Instrument shall protect a Trustee against any liability to which the Trustee otherwise would 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: Agreement and Declaration of Trust (Ziegler Exchange Traded 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’s 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, Series or (if the Trustees shall have yet to have established the Series, ) 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 therefortherefore. Nothing in this Trust Instrument Agreement shall protect a Trustee against any liability to which the Trustee otherwise would 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: Guinness Atkinson Etf Trust (Guinness Atkinson ETF Trust)

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