Fund Disclaimer Sample Clauses

A Fund Disclaimer clause serves to limit the liability of the fund and clarify the extent of its responsibilities to investors or other parties. Typically, this clause states that the fund does not guarantee returns, is not responsible for losses arising from market fluctuations, and may not be liable for certain actions or omissions unless caused by gross negligence or willful misconduct. By including this disclaimer, the fund protects itself from legal claims related to investment performance and ensures that investors understand the inherent risks involved, thereby allocating risk and setting clear expectations.
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Fund Disclaimer. It is expressly agreed that the obligations of the Funds hereunder shall not be binding upon any of their Directors/Trustees, shareholders, nominees, officers, agents or employees personally, but shall bind only the property or assets of the applicable Fund, as the case may be. The execution and delivery of this Agreement has been authorized by the Directors/Trustees, and this Agreement has been signed and delivered by an authorized officer of the Funds, acting as such, and neither such authorization by the Directors/Trustees nor such execution and delivery by such 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 property or assets of the Funds, as the case may be, as provided in the Funds' respective organizational documents. With respect to any Fund that is organized as a Massachusetts business trust, a copy of such Fund's Agreement and Declaration of Trust establishing the Fund is on file with the Secretary of State of The Commonwealth of Massachusetts.
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Fund Disclaimer. As provided for in Section 5.5 of the Amended and Restated Declaration of Trust, the shareholders, trustees, officers, employees and other agents of the Borrower shall not personally be bound by or liable for any indebtedness, liability or obligation hereunder or under the Replacement Note nor shall resort be had to their private property for the satisfaction of any obligation or claim hereunder.
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Fund Disclaimer. Notwithstanding anything to the contrary contained herein, the parties hereto acknowledge and agree that the Trust is organized in series pursuant to Sections 3804(a) and 3806(b)(2) of the Delaware Trust Act. As such, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to each series of the Trust shall be enforceable against the assets of such series of the Trust only, and not against the assets of the Trust generally or the assets of any other series of the Trust or against the Trustee. There may be several series of the Trust created pursuant to the Trust Agreement of the Trust.
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Fund Disclaimer. Notwithstanding anything to the contrary contained herein, the parties hereto acknowledge and agree that the Trust is organized in series pursuant to Sections 3804(a) and 3806(b)(2) of the Trust Act. As such, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to each series of the Trust shall be enforceable against the assets of such series of the Trust only, and not against the assets of the Trust generally or the assets of any other series of the Trust or against the Trustee. There may be several series of the Trust created pursuant to the Trust Agreement.
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Fund Disclaimer. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of its Trustees, shareholders, nominees, officers, agents or employees personally, but shall bind only the property or assets of the Fund, as the case may be.
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Fund Disclaimer. The Parties hereto acknowledge that EMSI is entering into this Agreement in its capacity as agent on behalf of the Fund and the obligations of the Fund hereunder shall not be personally binding upon the trustees of the Fund (the “Fund Trustees”), EMSI, any of the unitholders of the Fund (“Fund Unitholder”) or any annuitant, subscriber or beneficiary under a plan of which a Fund Unitholder is a trustee or carrier (a “Fund annuitant”) and that any recourse against the Fund, the Fund Trustees, EMSI, any Fund Unitholder or Fund annuitant in any manner in respect of any indebtedness, obligation or liability of the Fund arising hereunder or arising in connection herewith or from the matters to which this Agreement relates, if any, including without limitation claims based on negligence or otherwise tortious behaviour, shall be limited to, and satisfied only out of, the Fund Property as defined in the EIF Trust Indenture.
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Fund Disclaimer. It is expressly agreed that the obligations of the Trust hereunder shall not be binding upon any of the Board of Trustees, shareholders, nominees, Officers, agents or employees personally, but shall bind only the property or assets of the applicable Fund, as the case may be. The execution and delivery of this Agreement has been authorized by the Board of Trustees, and this Agreement has been signed and delivered by an Officer, acting as such, and neither such authorization by the Board of Trustees nor such execution and delivery by such 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 property or assets of the Funds, as the case may be, as provided in the Trust’s organizational documents.
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