Common use of Continuation of Provisions Clause in Contracts

Continuation of Provisions. This Agreement shall be binding upon and inure to the benefit of all successors of the Fund, including without limitation any transferee of all or substantially all assets of the Fund and any successor by merger, consolidation, or operation of law, and shall inure to the benefit of the Trustee’s spouse, heirs, assigns, devisees, executors, administrators and legal representatives. No amendment of the Declaration of Trust or Bylaws of the Fund shall limit or eliminate the right of the Trustee to indemnification and advancement of Expenses set forth in this Agreement. Moreover, unless contrary to applicable law, the procedures set forth in Sections 3 through 5 of this Agreement shall be the exclusive means by which the parties’ rights and obligations with regard to indemnification and advancement of Expenses shall be determined, regardless of whether those rights and obligations arise by operation of law, the fund’s Agreement and Declaration of Trust or By-Laws, or this Agreement.

Appears in 3 contracts

Samples: Indemnification Agreement (City National Rochdale Strategic Credit Fund), Indemnification Agreement (City National Rochdale Select Strategies Fund), Indemnification Agreement (City National Rochdale Select Strategies Fund)

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Continuation of Provisions. This Agreement shall be binding upon and inure to the benefit of all successors of the FundTrust, including without limitation any transferee of all or substantially all assets of the Fund Trust and any successor by merger, consolidation, or operation of law, and shall inure to the benefit of the Trustee’s 's spouse, heirs, assigns, devisees, executors, administrators and legal representatives. No amendment of the Declaration of Trust or Bylaws of the Fund Trust shall limit or eliminate the right of the Trustee to indemnification and advancement of Expenses expenses set forth in this Agreement. Moreover, unless contrary to applicable law, the procedures set forth in Sections Paragraphs 3 through 5 of this Agreement shall be the exclusive means by which the parties' rights and obligations with regard to indemnification and advancement of Expenses shall be determined, regardless of whether those rights and obligations arise by operation of law, the fund’s Agreement and Declaration of Trust or By-Laws, or this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Mainstay Funds), Form of Indemnification Agreement (Mainstay Funds)

Continuation of Provisions. This Agreement shall be binding upon and inure to the benefit of all successors of the FundTrust, including without limitation any transferee of all or substantially all assets of the Fund Trust and any successor by merger, consolidation, or operation of law, and shall inure to the benefit of the Trustee’s spouse, heirs, assigns, devisees, executors, administrators and legal representatives. No amendment of the Declaration of Trust or Bylaws of the Fund Trust shall limit or eliminate the right of the Trustee to indemnification and advancement of Expenses expenses set forth in this Agreement. Moreover, unless contrary to applicable law, the procedures set forth in Sections Paragraphs 3 through 5 of this Agreement shall be the exclusive means by which the parties’ rights and obligations with regard to indemnification and advancement of Expenses shall be determined, regardless of whether those rights and obligations arise by operation of law, the fund’s Agreement and Declaration of Trust or By-Laws, or this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Mainstay Funds Trust)

Continuation of Provisions. This Agreement shall be binding upon and inure to the benefit of all successors of the FundTrust, including without limitation any transferee of all or substantially all assets of the Fund Trust and any successor by merger, consolidation, or operation of law, and shall inure to the benefit of the Trustee’s 's spouse, heirs, assigns, devisees, executors, administrators and legal representatives. No amendment of the Declaration of Trust or Bylaws of the Fund Trust shall limit or eliminate the right of the Trustee to indemnification and advancement of Expenses expenses set forth in this Agreement. Moreover, unless contrary to applicable law, the procedures set forth in Sections Paragraphs 3 through 5 of this Agreement shall be the exclusive means by which the parties' rights and obligations with regard to indemnification and advancement of Expenses shall be determined, regardless of whether those rights and obligations arise by operation of law, the fund’s Agreement and Declaration of Trust or By-Laws, or this Agreement.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Eclipse Funds)

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Continuation of Provisions. This Agreement shall be binding upon and inure to the benefit of all successors of the FundAEFC, including without limitation any transferee of all or substantially all assets of the Fund AEFC and any successor by merger, consolidation, reorganization, transfer or operation of law, and shall inure to the benefit of the Independent Trustee’s 's spouse, heirs, assigns, devisees, executors, administrators and legal representatives. No amendment of the Declaration of Trust or Bylaws of the Fund shall limit or eliminate the right of the Independent Trustee to indemnification and advancement of Expenses expenses set forth in this Agreement. Moreover, unless contrary to applicable law, the procedures set forth in Sections Paragraphs 3 through 5 of this Agreement shall be the exclusive means by which the parties' rights and obligations with regard to indemnification and advancement of Expenses expenses shall be determined, regardless of whether those rights and obligations arise by operation of law, the fund’s Agreement and Declaration of Trust or By-LawsTrust, Bylaws or this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Advisory Hedged Opportunity Fund)

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