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 81 contracts
Samples: Agreement and Declaration of Trust (FT Vest Total Return Income Fund: Series A4), Agreement and Declaration of Trust (FT Vest Hedged Equity Income Fund: Series A4), Agreement and Declaration of Trust (FT Vest Total Return Income Fund: Series A3)
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: Trust Agreement (Aristotle Funds Series Trust), Agreement and Declaration of Trust (Lord Abbett Trust I), Agreement and 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 9 contracts
Samples: Agreement and Declaration of Trust (Alti Private Equity Access & Commitments Fund), Amended and Restated Agreement and Declaration of Trust (Forum Real Estate Income Fund), Agreement and Declaration of Trust (Forum CRE Income Fund)
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.
Appears in 1 contract
Samples: Provident Institutional Funds Agreement and Declaration of Trust (Temporary Investment Fund Inc)
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: Agreement and Declaration of Trust (Goldman Sachs Trust)
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: Trust Agreement (FSI Low Beta Absolute Return Fund, TEI)
