Common use of Liabilities Held With Respect to a Particular Class Clause in Contracts

Liabilities Held With Respect to a Particular Class. Liabilities, debts, obligations, costs, charges, reserves and expenses related to the distribution of, and other identified expenses that should or may properly be allocated to, the Shares of a particular Class may be charged to and borne solely by such Class. The bearing of expenses solely by a particular Class of Shares may be appropriately reflected (in a manner determined by the Board of Trustees) and may affect the net asset value attributable to, and the dividend, redemption and liquidation rights of, such Class. Each allocation of liabilities, debts, obligations, costs, charges, reserves and expenses by or under the direction of the Board of Trustees shall be conclusive and binding upon the Shareholders of all Classes for all purposes. All Persons who have extended credit that has been allocated to a particular Class, or who have a claim or contract that has been allocated to any particular Class, shall look, and may be required by contract to look, exclusively to that particular Class for payment of such credit, claim, or contract.

Appears in 5 contracts

Samples: Agreement and Declaration of Trust (BMO LGM Frontier Markets Equity Fund), Agreement and Declaration of Trust (BMO LGM Frontier Markets Equity Fund), Agreement and Declaration (EGA Frontier Diversified Core Fund)

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Liabilities Held With Respect to a Particular Class. Liabilities, debts, obligations, costs, charges, reserves reserves, and expenses related to the distribution of, of and other identified expenses that properly should or may properly be allocated to, to the Shares of a particular Class may be charged to and borne solely by such Class. The bearing of expenses solely by a particular Class of Shares may be reflected appropriately reflected (in a manner determined by the Board of Trustees) and may affect the net asset value attributable to, and the dividend, redemption redemption, and liquidation rights of, such Class. Each allocation of liabilities, debts, obligations, costs, charges, reserves reserves, and expenses by or under the direction of the Board of Trustees shall be conclusive and binding upon the Shareholders of all Classes for all purposes. All Persons who have extended credit that has been allocated to a particular Class, or who have a claim or contract that has been allocated to any particular Class, shall look, and may be required by contract to look, exclusively to that particular Class for payment of such credit, claim, or contract.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (USQ Core Real Estate Fund), Agreement And (USQ Core Real Estate Fund), Agreement and Declaration of Trust (GuideMark Alternative Lending Income Fund)

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