Common use of Trustees, Shareholders, etc. Not Personally Liable; Notice Clause in Contracts

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of that Series for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that this Declaration of Trust is on file with the Secretary of the State of Ohio and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, but the omission thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually.

Appears in 30 contracts

Samples: Agreement and Declaration of Trust (Paradigm Funds), Encompass Funds Agreement and Declaration of Trust (Encompass Funds), Mundoval Funds Agreement and Declaration of Trust (Mundoval Funds)

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Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series of the Trust (or the Trust on behalf of any Series) class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or Trustees, by any officer or officers or officer otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the State Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officer otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof of any such recital shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer or Shareholders or Shareholder any other person individually.

Appears in 15 contracts

Samples: Agreement and Declaration of Trust (Pax World Balanced Fund), Agreement and Declaration of Trust (Pax World Funds Trust II), Agreement and Declaration of Trust (Baillie Gifford Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons Persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of that Series for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally Personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personallyPersonally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that this Declaration of Trust is on file with the Secretary of the State of Ohio Delaware pursuant to the DSTA, and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually.

Appears in 9 contracts

Samples: Agreement and Declaration of Trust (Advisers Investment Trust), Agreement and Declaration of Trust (Advisers Investment Trust), Agreement and Declaration of Trust (Advisers Investment Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of that Series the Portfolio with which such person dealt for payment under such credit, contract or claim; and neither . Neither the Shareholders of any Portfolio, nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust Trust, any Portfolio or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Portfolio) or by or for the Trustees in their official capacity with the Trust and not personally. Nothing in this Declaration of Trust Agreement shall protect any Trustee Trustee, officer, employee or officer agent against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or duly authorized officer shall give notice that this Declaration of Trust is on file with the Secretary of the State of Ohio and shall recite to the effect that the same was executed or made by or on behalf of the relevant Portfolio or Portfolios of the Trust or by them as Trustees or Trustee or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of such Portfolio or Portfolios, as the Trustcase may be. However, but the omission thereof of any such notice shall not operate to bind any Trustees or Trustee or officers or Trustee, officer or Shareholders Shareholder individually or Shareholder individuallyotherwise invalidate any such note, bond, contract, instrument, certificate or undertaking.

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (Hillier Capital Management Funds Trust), Entrepreneurshares Series Trust (EntrepreneurShares Series Trust), Agreement and Declaration of Trust (Intrepid Capital Management Funds Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. Section 1. All persons extending credit to, contracting with or having any claim against the Trust or any Series of the Trust (or the Trust on behalf of any Series) Class shall look only to the assets of the Trust, or, to the extent that the liability relates to assets of a particular Series or Class, only to the assets belonging to the relevant Series or attributable to the relevant Class, for payment under such credit, contract or claim; , and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, as such, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or Trustees, by any officer or officers or officer otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the State Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officer otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the Series or attributable to the Class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof of any such recital shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer or Shareholders or Shareholder any other person individually.

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (Managers Amg Funds), Agreement and Declaration of Trust (Managers Trust I), Agreement and Declaration of Trust (Blackstone Alternative Alpha Master Fund)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series of the Trust (or the Trust on behalf of any Series) Class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series (or the assets allocable to a particular Class), only to the assets belonging to the relevant Series (or allocable to the relevant Class), for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or Trustees, by any officers or officer or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the State The Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee or as officers or officer or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the Series (or allocable to the Class) for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made, or issued, and may contain such further recital as he or they may deem appropriate, but the omission thereof of any such recital shall not operate to bind any Trustee or Trustees or Trustee or officers or officer or Shareholders or Shareholder any other person individually.

Appears in 4 contracts

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

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of that Series for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that this Declaration of Trust is on file with the Secretary of the State of Ohio and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually.

Appears in 4 contracts

Samples: Advisers Investment Trust (Advisers Investment Trust), Investment Trust Agreement (Advisers Investment Trust), Agreement and Declaration of Trust (Global Managers Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. Section 1. All persons extending credit to, contracting with or having any claim against the Trust or any Series of the Trust (or the Trust on behalf of any Series) Class shall look only to the assets of the Trust, or, to the extent that the liability relates to assets of a particular Series or Class, only to the assets belonging to the relevant Series or attributable to the relevant Class, for payment under such credit, contract or claim; , and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, as such, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or Trustees, by any officer or officers or officer otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the State The Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officer otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the Series or attributable to the Class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof of any such recital shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer or Shareholders or Shareholder any other person individually.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (Blackstone Alternative Alpha Master Fund), Agreement and Declaration of Trust (Blackstone Alternative Alpha Fund), Agreement and Declaration of Trust (Blackstone Alternative Alpha Fund II)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of that Series the Sub-Trust with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-Trust nor the Trustees, Trustees nor any of the Trust's ’s officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that this Declaration of Trust is on file with the Secretary of the State Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them Trust, or the Shareholders individually but are binding only upon particular Sub-Trust in question, as the assets and property of the Trustcase may be, but the omission thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder to shareholder individually.

Appears in 4 contracts

Samples: Master Trust Agreement (Consulting Group Capital Markets Funds), Master Trust Agreement (Consulting Group Capital Markets Funds), Master Trust Agreement (Consulting Group Capital Markets Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of that the Series or Class with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Series or Class nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, nor any other Series shall be personally liable therefortherefore. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust Trust, any Series or Class thereof, or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Series or Class) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officer. Every note, bond, contract, instrument, certificate certificate, share or undertaking made or issued by the Trustees or by any officers or officer shall give notice that this Declaration of Trust is on file with the Secretary of the State Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Series or Class in question, as the case may be, but the omission thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select Fund)

Trustees, Shareholders, etc. Not Personally Liable; Notice. Section 1. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf a particular series or class of any Series) Shares shall look only to the assets of the Trust or, to the extent that Series the liability relates to assets of a particular series or class, only to the assets belonging to the relevant series or attributable to the relevant class, for payment under such credit, contract or claim; , and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or Trustees, by any officer or officers or officer otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the State of Ohio The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the series or attributable to the class for the benefit of which such note, bond, contract, instrument, certificate or undertaking is made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer Shareholder or Shareholders or Shareholder any other person individually.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (DoubleLine Equity Funds), Agreement and Declaration of Trust (Westchester Capital Funds), Agreement and Declaration of Trust (Westchester Capital Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of that the Series of Shares with respect to which such persons extended credit or contracted, or with respect to which such claim arose for payment under such credit, contract or claim; and neither the Shareholders of any Series of Shares nor the Trustees, Trustees nor any of the Trust's ’s officers, employees or agents, whether past, present or future, nor any other Series of Shares shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust Trust, any Series of Shares or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Series of Shares) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that this Declaration of Trust is on file with the Secretary of the State The Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of belonging to the Trust, or the particular Series of Shares in question, as the case may be, but the omission thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually.

Appears in 2 contracts

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

Trustees, Shareholders, etc. Not Personally Liable; Notice. Section 1. All persons extending credit to, contracting with or having any claim against the Trust or any Series of the Trust (or the Trust on behalf of any Series) Class shall look only to the assets of the Trust, or, to the extent that the liability relates to assets of a particular Series or Class, only to the assets belonging to the relevant Series or attributable to the relevant Class, for payment under such credit, contract or claim; , and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, as such, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or Trustees, by any officer or officers or officer otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the State Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officer otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the Series or attributable to the Class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof of any such recital shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer or Shareholders or Shareholder any other person individually.

Appears in 2 contracts

Samples: Agreement and Declaration (UM Investment Trust II), Um Investment Trust

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of that Series for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that this Declaration of Trust is on file with the Secretary of the State of Ohio Delaware and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, but the omission thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Siesta Key Capital Funds), Agreement and Declaration of Trust (Siesta Key Capital Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series of the Trust (or the Trust on behalf of any Series) class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or Trustees, by any officer or officers or officer otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the State Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officer otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof of any such recital shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer or Shareholders or Shareholder any other person individually.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Stone Harbor Investment Funds), Agreement and Declaration of Trust (Baillie Gifford Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or Class of the Trust (or the Trust on behalf of any Series) Shares shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series (or the assets allocable to a particular Class), only to the assets belonging to the relevant Series (or allocable to the relevant Class), for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or Trustees, by any officers or officer or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the State The Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee or as officers or officer or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the Series (or allocable to the Class) for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made, or issued, and may contain such further recital as he or they may deem appropriate, but the omission thereof of any such recital shall not operate to bind any Trustee or Trustees or Trustee or officers or officer or Shareholders or Shareholder any other person individually.

Appears in 2 contracts

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

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf a particular Series or class of any Series) Shares shall look only to the assets of that the Trust or the assets of the particular Series or class of Shares for payment under such credit, contract or claim; , and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or Trustees, by any officer or officers or officer otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the State The Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officer otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the Series or attributable to the class of Shares for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof of any such recital shall not invalidate or void the note, bond, contract, instrument, certificate or undertaking or operate to bind any Trustee or Trustees or Trustee officer or officers or officer or Shareholders or Shareholder any other person individually.

Appears in 2 contracts

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

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of that Series the Sub-Trust with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-Trust nor the Trustees, Trustees nor any of the Trust's ’s officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that this Declaration of Trust is on file with the Secretary of the State Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust in question, as the case may be, but the omission thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually.

Appears in 2 contracts

Samples: Master Trust Agreement (Glenmede Portfolios), Master Trust Agreement (Artio Global Investment Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. Section 1. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf a particular series or class of any Series) Shares shall look only to the assets of the Trust or, to the extent that Series the liability relates to assets of a particular series or class, only to the assets belonging to the relevant series or attributable to the relevant class, for payment under such credit, contract or claim; , and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of such Trustee’s willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or any Trustee, by any officer or officers or officer otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the State of Ohio The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the series or attributable to the class for the benefit of which such note, bond, contract, instrument, certificate or undertaking is made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer Shareholder or Shareholders or Shareholder any other person individually.. Trustee’s Good Faith Action, Expert Advice, No Bond or Surety

Appears in 2 contracts

Samples: Amended and Restated Agreement and Declaration of Trust (State Street Institutional Investment Trust), Amended and Restated Agreement and Declaration of Trust (State Street Master Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. Section 1. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf a particular series or class of any Series) Shares shall look only to the assets of the Trust or, to the extent that Series the liability relates to assets of a particular series or class, only to the assets belonging to the relevant series or attributable to the relevant class, for payment under such credit, contract or claim; , and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of such Trustee’s willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or any Trustee, by any officer or officers or officer otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the State of Ohio The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the series or attributable to the class for the benefit of which such note, bond, contract, instrument, certificate or undertaking is made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer Shareholder or Shareholders or Shareholder any other person individually.

Appears in 2 contracts

Samples: And Restated Agreement and Declaration of Trust (State Street Institutional Investment Trust), And Restated Agreement and Declaration of Trust (State Street Master Funds)

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Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of that Series for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that this Declaration of Trust is on file with the Secretary of the State of Ohio and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, but the omission thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually.

Appears in 1 contract

Samples: Meyers Investment Trust (Meyers Investments Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. Section 1. All persons extending credit to, contracting with or having any claim against the Trust or any Series of the Trust (or the Trust on behalf of any Series) Class shall look only to the assets of the Trust, or, to the extent that the liability relates to assets of a particular Series or Class, only to the assets belonging to the relevant Series or attributable to the relevant Class, for payment under such credit, contract or claim; , and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, as such, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or Trustees, by any officer or officers or officer otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the State Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officer otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the Series or attributable to the Class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof of any such recital shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer or Shareholders or Shareholder any other person individually.. Trustee’s Good Faith Action, Expert Advice, No Bond or Surety

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Cube Thematic Alternatives Fund)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of the Trust, or, to the extent that Series the liability of the Trust may have been expressly limited by contract to the assets of a particular Series, only to the assets belonging to the relevant Series, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or Board of Trustees, by any officers or officer shall give or otherwise may include a notice that this Declaration of Trust is on file with the Secretary of the State The Commonwealth of Ohio Massachusetts and shall may recite to the effect that the same note, bond, contract, instrument, certificate or undertaking was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee or as officers or officer or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the Series or class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof of any such recital shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer or Shareholders or Shareholder of any other person individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (RS Variable Products Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of that Series the Trust for payment under such credit, contract or claim; , and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by in or for with respect to their or his capacity as Trustees or Trustee, and such Trustees or Trustee shall not be personally liable thereon. Notwithstanding the Trust or the Trustees and not personally. Nothing foregoing, nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any office or officers or officer shall give notice that this Declaration of Trust is on file with the Secretary of the State The Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, and may contain such further recital as he or they may deem appropriate, but the omission thereof shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer Shareholder or Shareholders or Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration (John Hancock Premium Dividend Fund)

Trustees, Shareholders, etc. Not Personally Liable; Notice. Section 1. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf a particular series or class of any Series) Shares shall look only to the assets of the Trust or, to the extent that Series the liability relates to assets of a particular series or class, only to the assets belonging to the relevant series or attributable to the relevant class, the assets of that particular series or class of Shares for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officer or officers or officer shall give notice that this Declaration of Trust is on file with the Secretary of the State Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the TrustTrust or upon assets belonging to the series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer Shareholder or Shareholders or Shareholder any other person individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Babson Capital Funds Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. Section 1. All persons extending credit to, contracting with or having any claim against the Trust or any Series of the Trust (or the Trust on behalf of any Series) Class shall look only to the assets of the Trust, or, to the extent that the liability relates to assets of a particular Series or Class, only to the assets belonging to the relevant Series or attributable to the relevant Class, for payment under such credit, contract or claim; , and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or Trustees, by any officer or officers or officer otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the State The Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officer otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the Series or attributable to the Class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof of any such recital shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer or Shareholders or Shareholder any other person individually.

Appears in 1 contract

Samples: Exhibit 99 (Undiscovered Managers Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of that Series for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that this Declaration of Trust is on file with the Secretary of the State of Ohio and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Diamond Hill Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. Section 1. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf a particular series or class of any Series) Shares thereof shall look only to the assets of the Trust, the assets of that Series particular series the assets or attributable to that particular class, as the case may be for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officers or officer shall give notice that this Declaration of Trust is on file with the Secretary of the State Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or upon the assets belonging to the relevant Series or attributable to the relevant class of Shares for the benefit of which the Trustees have caused the note, land, content, instrument, certificate or undertaking to be issued or made, and may contain such further recital as he, she or they may deem appropriate, but the omission thereof of any such recital shall not operate to bind any Trustees or Trustee or officers or officer or Shareholders or Shareholder or any other person individually.. TRUSTEES' GOOD FAITH ACTION, EXPERT ADVICE; NO BOND OR SURETY

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Worldwide Index Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of the Trust, or, to the extent that Series the liability of the Trust may have been expressly limited by contract to the assets of a particular Series, only to the assets belonging to the relevant Series, for payment under such credit, contract or claim; and neither the Shareholders shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or Board of Trustees, by any officers or officer shall give or otherwise may include a notice that this Declaration of Trust is on file with the Secretary of the State The Commonwealth of Ohio Massachusetts and shall may recite to the effect that the same note, bond, contract, instrument, certificate, or undertaking was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee or as officers or officer or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the series for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or they may deem appropriated but the omission thereof of any such recital shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer or Shareholders or Shareholder any other person individually.

Appears in 1 contract

Samples: Agreement and Declaration (Professionally Managed Portfolios)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of that Series the Trust for payment under such credit, contract or claim; , and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present present, or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by in or for with respect to their or his capacity as Trustees or Trustee, and such Trustees or Trustee shall not be personally liable thereon. Notwithstanding the Trust or the Trustees and not personally. Nothing foregoing, nothing in this Declaration of Trust or the By-Laws shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross grass negligence or reckless disregard of the duties involved in the conduct of the office of Trustee or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officer or officers or officer shall give notice that this Declaration of Trust is on file with the Secretary of the State The Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, and may contain such further recital as he or they may deem appropriate, but the omission thereof shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer Shareholder or Shareholders or Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration (John Hancock Financial Opportunities Fund)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of the Trust, or, to the extent that Series the liability of the Trust may have expressly limited by contract to the assets of a particular Series, only to the assets belonging to the relevant Series, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees or Board of Trustees, by any officers or officer shall give or otherwise may include a notice that this Declaration of Trust is on file with the Secretary of the State The Commonwealth of Ohio Massachusetts and shall may recite to the effect that the same note, bond, contract, instrument, certificate, or undertaking was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee or as officers or officer or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the TrustTrust or upon the assets belonging to the Series for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or they may deem appropriate, but the omission thereof of any such recital shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer or Shareholders or Shareholder any other person individually.

Appears in 1 contract

Samples: The Ehrenkrantz Trust (Ehrenkrantz Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series) shall look only to the assets of that Series the Trust for payment under such credit, contract or claim; , and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by in or for with respect to their or his capacity as Trustees or Trustee, and such Trustees or Trustee shall not be personally liable thereon. Notwithstanding the Trust or the Trustees and not personally. Nothing foregoing, nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer 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 or of such officerTrustee. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any office or officers or officer shall give notice that this Declaration of Trust is on file with the Secretary of the State The Commonwealth of Ohio Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or Trustee as officer or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, and may contain such further recital as he or they may deem appropriate, but the omission thereof shall not operate to bind any Trustee or Trustees or Trustee officer or officers or officer Shareholder or Shareholders or Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration (John Hancock Premium Dividend Fund)

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