Common use of Obligations of the Fund Clause in Contracts

Obligations of the Fund. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the Managers, members, nominees, agents or employees of the Fund, personally, but shall bind only the property of the Fund, as provided in the Governing Documents. The execution and delivery of this Contract has been authorized by the Managers and signed by an authorized signatory of the Fund, acting as such, and neither such authorization by such Managers nor such execution and delivery by such authorized signatory shall be deemed to have been made by any of them but shall bind only the Fund as provided in its Governing Documents.

Appears in 3 contracts

Samples: Custodian Contract (Excelsior Low Volatility Hedge Fund of Funds Master Fund LLC), Custodian Contract (Excelsior Low Volatility Hedge Fund of Funds LLC), Custodian Contract (Excelsior Hedge Fund of Funds I LLC)

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Obligations of the Fund. It is expressly acknowledged and agreed that the obligations of the Fund hereunder shall not be binding upon any of the Managersshareholders, membersTrustees, nomineesofficers, employees or agents or employees of the Fund, Fund personally, but shall bind only the assets and property of the Fund, Fund as provided in the Governing DocumentsFund's Declaration of Trust. The execution and delivery of this Contract has Agreement have been authorized by the Managers Trustees of the Fund and signed by an authorized signatory officer of the such Fund, acting as such, and neither such authorization by such Managers Trustees nor such execution and delivery by such authorized signatory 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 Governing Documentsthe Fund's Declaration of Trust.

Appears in 2 contracts

Samples: Transfer Agency and Registrar Services Agreement (First Trust Active Dividend Income Fund), Fund Services Agreement (First Trust Active Dividend Income Fund)

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