Common use of Fund Disclaimer Clause in Contracts

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.

Appears in 10 contracts

Samples: Master Custodian Agreement (Mainstay Funds), Master Custodian Agreement (Eclipse Funds Inc.), Master Custodian Agreement (Eclipse Funds)

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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 ’s Agreement and Declaration of Trust establishing the Fund is on file with the Secretary of State of The Commonwealth of Massachusetts.

Appears in 3 contracts

Samples: Master Custodian Agreement (Mainstay Funds Trust), Master Custodian Agreement (Icap Funds Inc), Master Custodian Agreement (Mainstay Funds Trust)

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