Common use of Immunities of the Voting Trustee Clause in Contracts

Immunities of the Voting Trustee. The Voting Trustee shall incur no responsibility in its capacity as voting trustee, as a shareholder, or otherwise, by reason of any error of judgment or mistake of law or other mistake, for any act or omission of any agent or attorney, for any misconstruction of this Agreement, or for any action of any sort taken or omitted hereunder or believed by it to be in accordance with the provisions and intent hereof or otherwise, except solely for its own individual willful misconduct. In the discharge of its duties hereunder, the Voting Trustee shall be fully protected in acting in reliance upon any instrument, document, or paper believed by it to be genuine and to have been executed by the proper parties; and, shall likewise be fully protected in issuing any Voting Trust Certificate or in taking or refraining from taking any action hereunder in reliance upon any certificate or certificates purporting to be duly signed, as to the existence or non-existence of any fact or facts or the performance or non-performance of any act or acts, and may accept as conclusive any statement made in any such certificate. The Voting Trustee shall not be required to give bond or security for the discharge of its duties under this Agreement. The Voting Trustee, may in its discretion, consult with counsel to be selected by it and shall incur no liability in respect of any action taken on the advice of any such counsel.

Appears in 2 contracts

Samples: Voting Trust Agreement (Advanced Lighting Technologies Inc), Voting Trust Agreement (Advanced Lighting Technologies Inc)

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Immunities of the Voting Trustee. The Voting Trustee Trustees ----------------------------------- shall incur no responsibility in its his capacity as voting trustee, as a shareholder, or otherwise, by reason of any error of judgment or mistake of law or other mistake, for any act or omission of any agent or attorney, for any misconstruction of this Agreement, or for any action of any sort taken or omitted hereunder or believed by it him to be in accordance with the provisions and intent hereof or otherwise, except solely for its his own individual willful misconduct. In the discharge of its his duties hereunder, the Voting Trustee shall be fully protected in acting in reliance upon any instrument, document, or paper believed by it him to be genuine and to have been executed by the proper parties; and, shall likewise be fully protected in issuing any Voting Trust Certificate or in taking or refraining from taking any action hereunder in reliance upon any certificate or certificates purporting to be duly signed, as to the existence or non-existence of any fact or facts or the performance or non-performance of any act or acts, . and may accept as conclusive any statement made in any such certificate. The Voting Trustee shall not be required to give bond or security for the discharge of its his duties under this Agreement. The Voting Trustee, may in its his discretion, consult with counsel to be selected select by it him and shall incur no liability in respect of any action taken on the advice of any such counsel.

Appears in 1 contract

Samples: Voting Trust Agreement (Ruud Alan J)

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Immunities of the Voting Trustee. The Voting Trustee shall incur no responsibility in its his capacity as voting trustee, as a shareholder, or otherwise, by reason of any error of judgment or mistake of law or other mistake, for any act or omission of any agent or attorney, for any misconstruction of this Agreement, or for any action of any sort taken or omitted hereunder or believed by it him to be in accordance with the provisions and intent hereof or otherwise, except solely for its his own individual willful misconduct. In the discharge of its his duties hereunder, the Voting Trustee shall be fully protected in acting in reliance upon any instrument, document, or paper believed by it him to be genuine and to have been executed by the proper parties; and, shall likewise be fully protected in issuing any Voting Trust Certificate or in taking or refraining from taking any action hereunder in reliance upon any certificate or certificates purporting to be duly signed, as to the existence or non-existence of any fact or facts or the performance or non-performance of any act or acts, and may accept as conclusive any statement made in any such certificate. The Voting Trustee shall not be required to give bond or security for the discharge of its his duties under this Agreement. The Voting Trustee, may in its his discretion, consult with counsel to be selected by it him and shall incur no liability in respect of any action taken on the advice of any such counsel.

Appears in 1 contract

Samples: Voting Trust Agreement (Advanced Lighting Technologies Inc)

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