Common use of Fund Obligations Clause in Contracts

Fund Obligations. (1) It is expressly acknowledged and agreed that the obligations of the Fund hereunder shall not be binding upon any of the shareholders, trustees, officers, employees or agents of the Fund, in their individual capacity, but solely as an agent for the Fund. The execution and delivery of this Agreement have been authorized by the trustees of the Fund and signed by an officer of the Fund, acting as such, and neither such authorization by the trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the assets and property of the Fund as provided in its organizational documents.

Appears in 20 contracts

Samples: Custody Agreement (PowerShares Exchange-Traded Self-Indexed Fund Trust), Custody Agreement (PowerShares Exchange-Traded Fund Trust II), Custody Agreement (PowerShares Exchange-Traded Fund Trust II)

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Fund Obligations. (1) It is expressly acknowledged and agreed that the The obligations of the Fund hereunder Fund, including those imposed hereby, are not personally binding upon, nor shall not resort be binding upon had to the private property of, any of the Trustees, shareholders, trustees, officers, employees or agents of the Fund, in their individual capacityFund individually, but solely as an agent for the Fund. The execution and delivery of this Agreement have been authorized by the trustees of the Fund and signed by an officer of the Fund, acting as such, and neither such authorization by the trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind are binding only upon the assets and property of the Fund. Any and all personal liability, either at common law or in equity, or by statute or constitution, of every such Trustee, shareholder, officer, employee or agent for any breach by the Fund of any agreement, representation or warranty hereunder is hereby expressly waived as provided a condition of and in its organizational documentsconsideration for the execution of this Agreement by the Fund.

Appears in 4 contracts

Samples: Management Agreement (Lord Abbett Floating Rate High Income Fund), Management Agreement (Lord Abbett Special Situations Income Fund), Management Agreement (Lord Abbett Floating Rate High Income Fund)

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