Common use of Liabilities Belonging to Series Clause in Contracts

Liabilities Belonging to Series. The assets belonging to each particular Series shall be charged with the liabilities of the Trust in respect to that Series and all expenses, costs, charges and reserves attributable to that Series and any general liabilities of the Trust, or of any Series, which are not readily identifiable as belonging to any particular Series, or any particular class of any Series, shall be allocated and charged by the Trustees to and among any one or more of the Series, or to and among any one or more of the classes of such Series, as the case may be, in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series or class are herein referred to as "liabilities belonging to" that Series or class. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series and classes for all purposes. Under no circumstances shall the assets allocated or belonging to any particular Series be charged with liabilities attributable to any other Series. All persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to any particular Series, shall look only to the assets of that particular Series for payment of such credit, claim or contract.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Robertson Stephens Investment Trust), Agreement and Declaration of Trust (Robertson Stephens Investment Trust), Agreement and Declaration of Trust (Robertson Stephens Investment Trust)

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Liabilities Belonging to Series. The assets belonging to each particular Series and Class thereof shall be charged with the liabilities of the Trust in respect to of that Series or Class and all expenses, costs, charges and reserves attributable to that Series or Class, and any general liabilities liabilities, expenses, costs, charges or reserves of the Trust, or of any Series, Trust which are not readily identifiable as belonging to any particular Series, Series or any particular class of any Series, Class shall be allocated and charged by the Trustees to and among any one or more of the Series, or Series and Classes established and designated from time to and among any one or more of the classes of such Series, as the case may be, time in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, charges and reserves allocated and so charged to a Series or class Class are herein referred to as "liabilities belonging to" that Series or classClass and shall be payable solely out of the assets of that Series or Class. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders Shareholders of all Series and classes for all purposes. Under no circumstances shall the assets allocated or belonging to any particular Series be charged with liabilities attributable to any other Series. All persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to any particular Series, shall look only to the assets of that particular Series for payment of such credit, claim or contract.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Diamond Hill Funds), Trust Agreement (Natural State Funds)

Liabilities Belonging to Series. The assets belonging to each particular Series shall be charged with the liabilities of the Trust in respect to that Series and all expenses, costs, charges and reserves attributable to that Series and any general liabilities of the Trust, or of any Series, which are not readily identifiable as belonging to any particular Series, or any particular class of any Series, shall be allocated and charged by the Trustees to and among any one or more of the Series, or to and among any one or more of the classes of such Series, as the case may be, in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series or class are herein referred to as "β€œliabilities belonging to" ” that Series or class. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series and classes for all purposes. Under no circumstances shall the assets allocated or belonging to any particular Series be charged with liabilities attributable to any other Series. All persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to any particular Series, shall look only to the assets of that particular Series for payment of such credit, claim or contract.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (RS Variable Products Trust)

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Liabilities Belonging to Series. The assets belonging to each particular Series or Class shall be charged with the liabilities of the Trust in respect to of that Series or Class and all expenses, costs, charges and reserves attributable to that Series or Class, and any general liabilities liabilities, expenses, costs, charges or reserves of the Trust, or of any Series, Trust which are not readily identifiable as belonging to any particular Series, Series or any particular class of any Series, Class shall be allocated and charged by the Trustees to and among any one or more of the Series, Series or Classes established and designated from time to and among any one or more of the classes of such Series, as the case may be, time in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. The liabilities, expenses, costs, charges, charges and reserves allocated and so charged to a Series or class Class are herein referred to as "liabilities belonging to" that Series or classClass. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series and classes Classes for all purposes. Under no circumstances shall the assets allocated or belonging to any particular Series or Class be charged with liabilities attributable to any other Series. All persons who have extended credit which has been allocated to a particular SeriesSeries or Class, or who have a claim or contract which has been allocated to any particular SeriesSeries or Class, shall look only to the assets of that particular Series or Class for payment of such credit, claim or contract.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Eubel Brady & Suttman Mutual Fund Trust)

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