Common use of Indemnification Determinations Clause in Contracts

Indemnification Determinations. Indemnification of a Covered Person pursuant to Section 8.2 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by reason of Disabling Conduct or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.

Appears in 75 contracts

Samples: Income Fund Agreement (Callodine Specialty Income Fund), Credit Fund Agreement (First Trust Enhanced Private Credit Fund), Lending Fund Agreement (Variant Alternative Lending Fund)

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Indemnification Determinations. Indemnification of a Covered an Indemnified Person pursuant to Section 8.2 8.4 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Indemnified Person was not liable by reason of Disabling Conduct or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Indemnified Person was not liable by reason of Disabling Conduct.

Appears in 11 contracts

Samples: Declaration of Trust (Aristotle Funds Series Trust), Agreement and Declaration (Lord Abbett Trust I), Declaration of Trust (Gabelli Innovations Trust)

Indemnification Determinations. Indemnification of a Covered Person pursuant to Section 8.2 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by reason of Disabling Conduct Conduct, or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.

Appears in 8 contracts

Samples: Agreement and Declaration of Trust (Alti Private Equity Access & Commitments Fund), Forum Real Estate (Forum Real Estate Income Fund), Agreement and Declaration of Trust (VII Peaks Co-Optivist Income Fund)

Indemnification Determinations. Indemnification of a the Covered Person pursuant to Section 8.2 6.4 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by a reason of Disabling Conduct Conduct, or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.

Appears in 1 contract

Samples: Goldman Sachs Trust

Indemnification Determinations. Indemnification of a Covered Person pursuant to Section 8.2 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by reason of Disabling Conduct Conduct, or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.. 24 | P a g e

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Forum CRE Income Fund)

Indemnification Determinations. Indemnification of a Covered Person pursuant to Section 8.2 9.2 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by reason of Disabling Conduct Conduct, or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (FSI Low Beta Absolute Return Fund, TEI)

Indemnification Determinations. Indemnification of a Covered Person pursuant to Section 8.2 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by reason of Disabling Conduct or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.. Section 8.4

Appears in 1 contract

Samples: New Alternatives Fund Agreement and Declaration (New Alternatives Fund Inc)

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Indemnification Determinations. Indemnification of a Covered Person pursuant to Section 8.2 8 .2 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by reason of Disabling Conduct Conduct, or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (FSI Low Beta Absolute Return Fund)

Indemnification Determinations. Indemnification of a Covered Person pursuant to Section 8.2 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by reason of Disabling Conduct or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.. 2.41

Appears in 1 contract

Samples: Investment Services for Education Associations Trust

Indemnification Determinations. Indemnification of a Covered ------------------------------ Person pursuant to Section 8.2 shall be made if (a) the court or body before whom the proceeding is brought determines, in a final decision on the merits, that such Covered Person was not liable by reason of Disabling Conduct or (b) in the absence of such a determination, a majority of a quorum of disinterested, non-party Trustees or independent legal counsel in a written opinion make a reasonable determination, based upon a review of the facts, that such Covered Person was not liable by reason of Disabling Conduct.

Appears in 1 contract

Samples: Provident Institutional Funds Agreement (Temporary Investment Fund Inc)

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