Common use of Fiduciaries of Employee Benefit Plan Clause in Contracts

Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in that Person’s capacity as such, even though that Person may also be an Agent of the Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 105 contracts

Samples: Agreement and Declaration of Trust (Grayscale Funds Trust), Agreement and Declaration of Trust (Roundhill ETF Trust), Agreement and Declaration of Trust (Madison ETFs Trust)

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Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in that Person’s 's capacity as such, even though that Person may also be an Agent of the Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 80 contracts

Samples: Trust Agreement (Quaker Investment Trust), Amended and Restated Agreement and Declaration of Trust (Franklin Templeton International Trust), Agreement and Declaration of Trust (Franklin Fund Allocator Series)

Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding proceeding against any trusteeTrustee, investment manager or other fiduciary of an employee benefit plan in that Person’s person's capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trusteeTrustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 40 contracts

Samples: Amendment to Agreement and Declaration of Trust (Vanguard Malvern Funds), Amended and Restated Agreement and Declaration of Trust (Vanguard Morgan Growth Fund), Trust Agreement (Clarion Investment Trust)

Fiduciaries of Employee Benefit Plan. This The Article does not apply to any Proceeding proceeding against any trusteeTrustee, investment manager or other fiduciary of an employee benefit plan in that Person’s person's capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trusteeTrustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 11 contracts

Samples: By Laws (Persimmon Growth Partners Investor Fund), By Laws (Target Funds), By Laws (Prudential Diversified Series)

Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding against any trustee, investment manager manager, or other fiduciary of an employee benefit plan in that Person’s 's capacity as such, even though that Person may also be an Agent of the Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 8 contracts

Samples: Agreement and Declaration of Trust (USQ Core Real Estate Fund), Trust Agreement (USQ Core Real Estate Fund), Agreement and Declaration of Trust (Dfa Investment Trust Co)

Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding proceeding against any trusteeTrustee, investment manager or other fiduciary of an employee benefit plan in that Person’s person's capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trusteeTrustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 7 contracts

Samples: By Laws (Merrill Lynch Global Equity Fund), By Laws (Hotchkis & Wiley Funds /De/), By Laws (Merrill Lynch Principal Protected Trust)

Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding against any trustee, investment manager manager, or other fiduciary of an employee benefit plan in that Person’s capacity as such, even though that Person may also be an Agent of the Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 7 contracts

Samples: Agreement and Declaration of Trust (Dfa Investment Trust Co), Agreement and Declaration of Trust (Dimensional Emerging Markets Value Fund), Trust Agreement (GuideMark Alternative Lending Income Fund)

Fiduciaries of Employee Benefit Plan. This Article VII does not apply to any Proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in that Person’s capacity as such, even though that Person may also be an Agent of the Trust as defined in Section 1 of this ArticleArticle VII. Nothing contained in this Article VII shall limit any DT1 931951v4 08/11/11 right to indemnification to which such a trustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 3 contracts

Samples: Trust Agreement (Manor Investment Funds Inc), Trust Agreement (Manor Investment Funds Inc), Trust Agreement (Manor Investment Funds Inc)

Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in that Person’s person's capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 3 contracts

Samples: Amended and Restated Agreement and Declaration of Trust (Vanguard Chester Funds), By Laws (California Investment Trust), By Laws (California Investment Trust Ii)

Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding proceeding against any trusteeTrustee, investment manager or other fiduciary of an employee benefit plan in that Personperson’s capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trusteeTrustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 3 contracts

Samples: By Laws (Hotchkis & Wiley Funds /De/), By Laws (Hotchkis & Wiley Funds /De/), By Laws (Hotchkis & Wiley Funds /De/)

Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding proceeding against any trusteeTrustee, investment manager or other fiduciary of an employee benefit plan in that Personperson’s capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 2(1) of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trusteeTrustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (BlackRock Long-Horizon Equity Fund), Agreement and Declaration of Trust (BlackRock Long-Horizon Equity Fund), Amended Agreement and Declaration of Trust (Merrill Lynch Global Equity Opportunities Fund)

Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding proceeding against any trusteeTrustee, investment manager or other fiduciary of an employee benefit plan in that Personperson’s capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trusteeTrustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 2 contracts

Samples: By Laws (Two Roads Shared Trust), By Laws (Two Roads Shared Trust)

Fiduciaries of Employee Benefit Plan. This Article does not ------------------------------------ apply to any Proceeding proceeding against any trusteeTrustee, investment manager or other fiduciary of an employee benefit plan in that Person’s person's capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trusteeTrustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 2 contracts

Samples: By Laws (Merrill Lynch Inflation Protected Bond Fund), By Laws (Managed Account Series)

Fiduciaries of Employee Benefit Plan. This The Article does not apply to any Proceeding proceeding against any trusteedirector, investment manager or other fiduciary of an employee benefit plan in that Person’s person's capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trusteedirector, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 2 contracts

Samples: By Laws (Commonfund Institutional Funds), By Laws (Commonfund Institutional Funds)

Fiduciaries of Employee Benefit Plan. This Article VII does not apply to any Proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in that Person’s capacity as such, even though that Person may also be an Agent of the Trust as defined in Section 1 of this ArticleArticle VII. Nothing contained in this Article VII shall limit any right to indemnification to which such a trustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this ArticleArticle VII.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Columbia ETF Trust II), Agreement and Declaration of Trust (EGA Emerging Global Shares Trust)

Fiduciaries of Employee Benefit Plan. This The Article does not apply to any Proceeding proceeding against any trusteeTrustee, investment manager or other fiduciary of an employee benefit plan in that Personperson’s capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trusteeTrustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 2 contracts

Samples: By Laws (Dryden Core Investment Fund), By Laws (Strategic Partners Real Estate Securities Fund)

Fiduciaries of Employee Benefit Plan. This The Article does not apply to any Proceeding proceeding against any trusteeDirector, investment manager or other fiduciary of an employee benefit plan in that Person’s person's capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trusteeDirector, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 1 contract

Samples: By Laws (Vantagepoint Funds)

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Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in that Person’s Persons capacity as such, even though that Person may also be an Agent of the Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 1 contract

Samples: Trust Agreement (Tiff Investment Program)

Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in that Person’s Person’s capacity as such, even though that Person may also be an Agent of the Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Franklin High Income Trust)

Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in that Person’s person's capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trustee, investment manager, manager or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 1 contract

Samples: Amended and Restated Agreement and Declaration of Trust (American Century Government Income Trust)

Fiduciaries of Employee Benefit Plan. This The Article does not apply to any Proceeding proceeding against any trusteeTrustee, investment manager or other fiduciary of an employee benefit plan in that Person’s person's capacity as such, even though that Person person may also be an Agent a "Covered Person" of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trusteeTrustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 1 contract

Samples: By Laws (Prudential Real Estate Securities Fund)

Fiduciaries of Employee Benefit Plan. This Article XI does not apply to any Proceeding proceeding against any trusteeTrustee, investment manager or other fiduciary of an employee benefit plan in that Personperson’s capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trusteeTrustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 1 contract

Samples: By Laws (Jennison 20/20 Focus Fund)

Fiduciaries of Employee Benefit Plan. This The Article does not apply to any Proceeding proceeding against any trusteeTrustee, investment manager or other fiduciary of an employee benefit plan in that Person’s person's capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.Trustee,

Appears in 1 contract

Samples: By Laws (Strategic Partners Style Specific Funds)

Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in that Person’s person's capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trustee, investment manager, or other fiduciary may be entitled by contract or otherwise otherwise, which shall be enforceable to the extent permitted by applicable law other than this ArticleArticle VI.

Appears in 1 contract

Samples: By Laws (Belstar Trust)

Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in that Person’s 's capacity as such, even though that Person may also be an Agent of the Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trustee, investment manager, or other fiduciary may be entitled by contract or otherwise otherwise, which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Sma Relationship Trust)

Fiduciaries of Employee Benefit Plan. This The Article does not apply to any Proceeding proceeding against any trusteeDirector, investment manager or other fiduciary of an employee benefit plan in that Personperson’s capacity as such, even though that Person person may also be an Agent agent of the this Trust as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trusteeDirector, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 1 contract

Samples: By Laws (Vantagepoint Funds)

Fiduciaries of Employee Benefit Plan. This Article VII does not apply to any Proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in that Person’s capacity as such, even though that Person may also be an Agent of the Trust as defined in Section 1 of this ArticleArticle VII. Nothing contained in this Article VII shall limit any right to indemnification to which such a trustee, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 1 contract

Samples: Trust Agreement (Philadelphia Investment Partners New Generation Fund)

Fiduciaries of Employee Benefit Plan. This Article does not apply to any Proceeding proceeding against any trusteeDirector, investment manager or other fiduciary of an employee benefit plan in that Personperson’s capacity as such, even though that Person person may also be an Agent agent of the Trust this Company as defined in Section 1 of this Article. Nothing contained in this Article shall limit any right to indemnification to which such a trusteeDirector, investment manager, or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by applicable law other than this Article.

Appears in 1 contract

Samples: By Laws (Master Commodity Strategies LLC)

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