Common use of Trustees, Shareholders, etc Clause in Contracts

Trustees, Shareholders, etc. Not Personally Liable, Notice. All persons extending credit to, contracting with or having any claim against the Trust or a particular series of Shares shall look only to the assets of the Trust or the assets of that particular series of Shares 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. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustees would otherwise be subject by reason of wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officer or officers shall give notice that this Declaration of Trust is on file with the Secretary of The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees 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 recitals as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any Trustee or Trustees or officer of officers or Shareholder or Shareholders individually.

Appears in 3 contracts

Samples: Hudson River Trust (Hudson River Trust), Hudson River Trust (Hudson River Trust), Hudson River Trust

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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 a particular series of Shares any Series shall look only to the assets of the Trust or to the assets of that particular series of Shares 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. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustees Trustee would otherwise be subject by reason of wilful willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. 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 otherwise shall give notice that this Declaration of Trust is on file with the Secretary of State of The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or 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 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 recitals 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 officer of or officers or Shareholder Shareholders or Shareholders any other person individually.

Appears in 2 contracts

Samples: Agreement and Declaration (MML Series Investment Fund), MML Series Investment Fund

Trustees, Shareholders, etc. Not Personally Liable, ; Notice. All persons extending credit to, contracting with or having any claim against the Trust or a particular series of Shares shall look only to the assets of the Trust or the assets of that particular series of Shares 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. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustees Trustee would otherwise be subject by reason of wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officer or officers shall give notice that this Amended Agreement and Declaration of Trust is on file with the Secretary of The the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees 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 recitals recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any Trustee or Trustees or officer of or officers or Shareholder or Shareholders individually.

Appears in 2 contracts

Samples: Sierra Prime Income Trust, Sierra Prime Income Fund

Trustees, Shareholders, etc. Not Personally Liable, ; Notice. All persons extending credit to, contracting with or having any claim against the Trust or a particular series of Shares any Series shall look only to the assets of the Trust or to the assets of that particular series of Shares 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. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustees Trustee would otherwise be subject by reason of wilful willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. 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 officers otherwise shall give notice that this Declaration of Trust is on file with the Secretary of State of The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or officers or officer 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 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 recitals 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 officer of or officers or Shareholder Shareholders or Shareholders any other person individually.

Appears in 2 contracts

Samples: 1 Agreement (DLB Fund Group), DLB Fund Group

Trustees, Shareholders, etc. Not Personally Liable, ; Notice. --------- ---------------------------------------------------------- All persons extending credit to, contracting with or having any claim against the Trust or a particular series of Shares any Series shall look only to the assets of the Trust or to the assets of that particular series of Shares 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. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustees Trustee would otherwise be subject by reason of wilful willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. 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 officers otherwise shall give notice that this Declaration of Trust is on file with the Secretary of State of The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or officers or officer 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 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 recitals 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 officer of or officers or Shareholder Shareholders or Shareholders any other person individually.

Appears in 1 contract

Samples: Agreement and Declaration (Composite Bond & Stock Fund Inc)

Trustees, Shareholders, etc. Not Personally Liable, ; Notice. All persons extending credit to, contracting with or having any claim against the Trust or a particular series of Shares shall look only to the assets of the Trust or the assets of that particular series of Shares 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. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustees Trustee would otherwise be subject by reason of wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officer or officers shall give notice that this Declaration of Trust is on file with the Secretary of The the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees 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 recitals recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any Trustee or Trustees or officer of or officers or Shareholder or Shareholders individually.

Appears in 1 contract

Samples: Sierra Asset Management Trust

Trustees, Shareholders, etc. Not Personally Liable, ; Notice. All persons extending credit to, contracting with or having any claim against the Trust or a particular series of Shares shall look only to the assets of the Trust or the assets of that particular series of Shares 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. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustees Trustee would otherwise be subject by reason of wilful willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. 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 officers otherwise shall give notice that this Declaration of Trust is on file with the Secretary of State of The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees 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 Trust, and may contain such further recitals 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 officer of or officers or Shareholder Shareholders or Shareholders any other person individually.

Appears in 1 contract

Samples: Agreement and Declaration (NEMA Beverage Parent CORP)

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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 a particular series of Shares shall look only to the assets of the Trust or the assets of that particular series of Shares 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. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustees would otherwise be subject by reason of wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officer or officers shall give notice that this Declaration of Trust is on file with the Secretary of The the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees 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 recitals recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any Trustee or Trustees or officer of or officers or Shareholder or Shareholders individually.

Appears in 1 contract

Samples: Sierra Prime Income Fund

Trustees, Shareholders, etc. Not Personally Liable, ; Notice. All persons extending credit to, contracting with or having any claim against the Trust or a particular series of Shares shall look only to the assets of the Trust or the assets of allocated to that particular series of Shares 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. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustees Trustee would otherwise be subject by reason of wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officer or officers shall give notice that this Declaration of Trust is on file with the Secretary of The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or 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 recitals recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any Trustee or Trustees or officer of or officers or Shareholder or Shareholders individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Lepercq Istel Trust)

Trustees, Shareholders, etc. Not Personally Liable, ; Notice. All persons extending credit to, contracting with or having any claim against the Trust or a particular series of Shares shall look only to the assets of the Trust or the assets of that particular series of Shares 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. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustees Trustee would otherwise be subject by reason of wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officer or officers shall give notice that this Declaration of Trust is on file with the Secretary of The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or 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 recitals recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any Trustee or Trustees or officer of or officers or Shareholder or Shareholders individually.

Appears in 1 contract

Samples: Series Investment Fund (MML Series Investment Fund)

Trustees, Shareholders, etc. Not Personally Liable, ; Notice. --------------------------- All persons extending credit to, contracting with or having any claim against the Trust or a particular series of Shares shall look only to the assets of the Trust or the assets of allocated to that particular series of Shares 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. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustees Trustee would otherwise be subject by reason of wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Trustees or by any officer or officers shall give notice that this Declaration of Trust is on file with the Secretary of The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees 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 recitals recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any Trustee or Trustees or officer of or officers or Shareholder or Shareholders individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Tocqueville Trust)

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