Common use of Business Trust Only Clause in Contracts

Business Trust Only. It is the intention of the Trustees to create a business trust pursuant to the Delaware Act. It is not the intention of the Trustees to create a general partnership, limited partnership, joint stock association, corporation, bailment, or any form of legal relationship other than a business trust pursuant to the Delaware Act. Nothing in this Declaration of Trust shall be construed to make the Shareholders, either by themselves or with the Trustees, partners, or members of a joint stock association. No Trustee hereunder shall have any power to bind personally either the Trust's officers, its other Trustees or any Shareholder. All persons extending credit to, contracting with or having any claim against the Trust or the Trustees shall look only to the assets of the appropriate Series or, until the Trustees shall have established any separate Series, of the Trust for payment under such credit, contract, or claim; and neither the Shareholders nor the Trustee, nor any of their agents, whether past, present, or future, shall be personally liable therefor.

Appears in 5 contracts

Samples: Agreement and Declaration of Trust (Axa Premier Vip Trust), Agreement and Declaration of Trust (Axa Premier Funds Trust), Agreement and Declaration (Equitable Trust/Ny/)

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