Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 104 contracts
Samples: Agreement and Declaration of Trust (Goldman Sachs ETF Trust II), Agreement and Declaration of Trust (Milliman Variable Insurance Trust), Trust Agreement (Milliman Variable Insurance Trust)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated (whether originally or by amendment) as filed or to such Series and/or (iii) be filed in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets Office of the Secretary of State of the State of Delaware pursuant to the DSTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DSTA relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) shall become applicable to the Trust not allocated to such and each Series.
Appears in 74 contracts
Samples: Agreement and Declaration of Trust (OneAscent Capital Opportunities Fund), Agreement and Declaration of Trust (Kurv ETF Trust), Agreement and Declaration of Trust (Destra Multi-Alternative Fund)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or and or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 68 contracts
Samples: Agreement and Declaration of Trust (Stone Ridge Trust), Second Amended and Restated Agreement and Declaration of Trust (LifeX Inflation-Protected Income Trust 1948F), Third Amended and Restated Agreement and Declaration of Trust (LifeX Income Trust 1948F)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. Notice of this limitation on inter-Series and/or (iii) liabilities shall be set forth in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets certificate of any other Series and from the General Assets trust of the Trust not allocated to such Series(whether originally or by amendment).
Appears in 66 contracts
Samples: Amendment to Agreement and Declaration of Trust (Vanguard CMT Funds), Agreement and Declaration of Trust (Vanguard Charlotte Funds), Amendment to Agreement and Declaration of Trust (Vanguard Municipal Bond Funds)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. Notice of this limitation on inter-Series and/or (iii) liabilities shall be set forth in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets certificate of any other Series and from the General Assets trust of the Trust not allocated to such Series(whether originally or by amendment).
Appears in 45 contracts
Samples: Amendment to Agreement and Declaration of Trust (Vanguard Municipal Bond Funds), Amendment to Agreement and Declaration of Trust (Vanguard Municipal Bond Funds), Amendment to Agreement and Declaration of Trust (Vanguard International Equity Index Funds)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held 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, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated (whether originally or by amendment) as filed or to such Series and/or (iii) be filed in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets Office of the Secretary of State of the State of Delaware pursuant to the DBTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DBTA relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) shall become applicable to the Trust not allocated to such and each Series.
Appears in 31 contracts
Samples: Agreement and Declaration of Trust (Gold Prospector Funds), Agreement and Declaration of Trust (Delaware Group Equity Funds I), Trust Agreement (Delaware Group Global & International Funds Inc)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that SeriesSeries only. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, 3.11: (i) separate and distinct records shall be maintained for each Series, ; (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series Series, the assets held with respect to the Trust generally, and the General Assets of the Trust not allocated to such Series and/or Series; and or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series Series, the assets held with respect to the Trust generally, and from the General Assets of the Trust not allocated to such Series.
Appears in 24 contracts
Samples: Agreement and Declaration of Trust (Federated Hermes Adviser Series), Agreement and Declaration of Trust (Federated Hermes Adviser Series), Agreement and Declaration of Trust (Federated Hermes Adviser Series)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges charges, and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “"liabilities held with respect to” " that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall may, in the Trustees' discretion, be set forth in the Certificate of Trust or and upon the giving of such notice in an amendment thereto. To the extent required by Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the certificate of trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against any Series may look only to the assets held of that Series to satisfy or enforce any debt, with respect to each that Series. No Shareholder or former Shareholder of any Series shall be held in such separate and distinct records (directly have a claim on or indirectly, including through a nominee any right to any assets allocated or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect belonging to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 20 contracts
Samples: Trust Agreement (Evergreen Select Money Market Trust), Trust Agreement (Evergreen Municipal Trust /De/), Trust Agreement (Evergreen Municipal Trust /De/)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated (whether originally or by amendment) as filed or to such Series and/or (iii) be filed in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets Office of the Secretary of State of the State of Delaware pursuant to the DSTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DSTA relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) shall become applicable to the Trust not allocated to such and each Series.
Appears in 12 contracts
Samples: Declaration of Trust (Alternative Strategies Fund), Declaration of Trust (North Capital Funds Trust), Declaration of Trust (Esoterica Thematic ETF Trust)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust of the Trust (whether originally or by amendment) as filed or to be filed in an amendment thereto. To the extent required by Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the Certificate of Trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 11 contracts
Samples: Trust Agreement (Nexpoint Event-Driven Fund), Agreement and Declaration of Trust (Arca U.S. Treasury Fund), Trust Agreement (Nexpoint Latin American Opportunities Fund)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust (whether originally or by amendment) as filed or to be filed in an amendment thereto. To the extent required by Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the Certificate of Trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 11 contracts
Samples: Agreement and Declaration of Trust (Pop Venture Fund), Agreement and Declaration of Trust (Pop Venture Fund), Agreement and Declaration of Trust (Axxes Private Markets Fund)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges charges, and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “liabilities held with respect to” that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall may, in the Trustees’ discretion, be set forth in the Certificate of Trust or and upon the giving of such notice in an amendment thereto. To the extent required by Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the certificate of trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against any Series may look only to the assets held of that Series to satisfy or enforce any debt, with respect to each that Series. No Shareholder or former Shareholder of any Series shall be held in such separate and distinct records (directly have a claim on or indirectly, including through a nominee any right to any assets allocated or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect belonging to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 11 contracts
Samples: Agreement and Declaration of Trust (Allianz Variable Insurance Products Trust), Declaration of Trust (Allianz Variable Insurance Products Fund of Funds Trust), Trust Agreement (Asset Allocation Trust - DE)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, debts, obligations, expenses, costs, charges and reserves of the Trust that are not readily identifiable as being liabilities held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect Persons who have extended credit which has been allocated to a particular Series Series, or who have a claim or contract which has been allocated to any particular Series, shall look, and shall be enforceable against the assets held with respect required by contract to such Series only and not against look, exclusively to the assets of that particular Series for payment of such credit, claim, or contract. In the Trust generally or against absence of an express contractual agreement so limiting the assets held with respect claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to any other Series and, except as otherwise provided in this Declaration of Trust with respect have impliedly agreed to such limitation unless an express provision to the allocation contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General AssetsLiabilities as provided herein, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such particular Series only, and not against the assets of any other Series or the General Assets of the Trust generally and none of the General Liabilities of the Trust or the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to any other Series thereof shall be enforceable against the assets of held with respect to such particular Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be is set forth in the Certificate of Trust or Trust, and by giving such notice in an amendment thereto. To the extent required by Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the Certificate of Trust) are applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 10 contracts
Samples: Agreement and Declaration of Trust (SEI Exchange Traded Funds), Agreement and Declaration of Trust (SEI Exchange Traded Funds), Trust Agreement (SEI Exchange Traded Funds)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem deems fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders holders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-the liability of each Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect thereto prior to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets issuance of any other Series and from the General Assets Shares of the Trust not allocated to such a Series.
Appears in 8 contracts
Samples: Trust Agreement (Master Real Investment Trust), Trust Agreement (Td Waterhouse Dow 30 Fund), Trust Agreement (Master Inflation Protected Trust)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges charges, and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “liabilities held with respect to” that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall be set forth in the Certificate of Trust (whether originally or by amendment) as filed or to be filed in an amendment thereto. To the extent required by Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the Certificate of Trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against any Series may look only to the assets held of that Series to satisfy or enforce any debt with respect to each that Series. No Shareholder or former Shareholder of any Series shall be held in such separate and distinct records (directly have a claim on or indirectly, including through a nominee any right to any assets allocated or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect belonging to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of or the Trust not allocated to such Seriesgenerally.
Appears in 8 contracts
Samples: Trust Agreement (Bexil Investment Trust), Agreement and Declaration of Trust (Dividend & Income Fund), Agreement and Declaration of Trust (Dividend & Income Fund)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any , and any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees Sponsor to and among any one or more of the Series in such manner and on such basis as the Trustees Sponsor, in their its sole discretion deem discretion, deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Any liabilities, debts, obligations, expenses, costs, charges and reserves of the Trust that are not readily identifiable as being liabilities held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged by the Sponsor to and among any one or more of the Series in such manner and on such basis as the Sponsor, in its sole discretion, deems fair and equitable. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees Sponsor shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect Persons who have extended credit which has been allocated to a particular Series Series, or who have a claim or contract which has been allocated to any particular Series, shall look, and shall be enforceable against the assets held with respect required by contract to such Series only and not against look, exclusively to the assets of the Trust generally that particular Series for payment of such credit, claim, or against the assets held with respect to contract, and not any other Series andor the Trust as a whole. In the absence of an express contractual agreement so limiting the claims of such creditors, except as otherwise provided in this Declaration of Trust with respect claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation. Subject to the allocation right of the Sponsor in its discretion to allocate General AssetsLiabilities as provided herein, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such particular Series only, and not against the assets of any other Series or the General Assets of the Trust generally and none of the General Liabilities of the Trust or the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to any other Series thereof shall be enforceable against the assets of held with respect to such particular Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be is set forth in the Certificate of Trust or Trust, and by giving such notice in an amendment thereto. To the extent required by Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the Certificate of Trust) are applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 7 contracts
Samples: Agreement and Declaration of Trust (World Gold Trust), Agreement and Declaration of Trust (World Gold Trust), Agreement and Declaration of Trust (World Currency Gold Trust)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges charges, and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “liabilities held with respect to” that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall may, in the Trustees’ discretion, be set forth in the Certificate of Trust (whether originally or by amendment) as filed or to be filed in an amendment thereto. To the extent required by Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act (and any successor provisions) relating to limitations on liabilities among Series (and the statutory effect under Section 3804 (and any successor provisions) of setting forth such notice in order to give effect the Certificate of Trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against any Series may look only to the assets held of that Series to satisfy or enforce any debt with respect to each that Series. No Shareholder or former Shareholder of any Series shall be held in such separate and distinct records (directly have a claim on or indirectlyany right to any assets allocated or belonging to any other Series. If, including through notwithstanding the provisions of this Section, any liability properly charged to a nominee Series or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately Class is paid from the assets of any other another Series and or Class, the Series or Class from whose assets the liability was paid shall be reimbursed from the General Assets assets of the Trust not allocated Series or Class to which such Seriesliability belonged.
Appears in 6 contracts
Samples: Trust Agreement (Beacon Pointe Multi-Alternative Fund), Agreement and Declaration of Trust (Total Fund Solution), Agreement and Declaration of Trust (Cantor Fitzgerald Sustainable Infrastructure Fund)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that SeriesSeries only. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, : (i) separate and distinct records shall be maintained for each Series, ; (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series Series, the assets held with respect to the Trust generally, and the General Assets of the Trust not allocated to such Series and/or Series; and (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series Series, the assets held with respect to the Trust generally, and from the General Assets of the Trust not allocated to such Series.
Appears in 6 contracts
Samples: Agreement and Declaration of Trust (American Beacon Institutional Funds Trust), Amended and Restated Agreement and Declaration of Trust (American Beacon Sound Point Enhanced Income Fund), Amended and Restated Agreement and Declaration of Trust (American Beacon Apollo Total Return Fund)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges charges, and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “liabilities held with respect to” that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall may, in the Trustees’ discretion, be set forth in the Certificate of Trust or and upon the giving of such notice in an amendment thereto. To the extent required by Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the certificate of trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against any Series may look only to the assets held of that Series to satisfy or enforce any debt with respect to each that Series. No Shareholder or former Shareholder of any Series shall be held in such separate and distinct records (directly have a claim on or indirectly, including through a nominee any right to any assets allocated or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect belonging to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 6 contracts
Samples: Agreement and Declaration of Trust (Asset Allocation Trust - DE), Second Amended and Restated Agreement and Declaration of Trust (Evergreen Global Dividend Opportunity Fund), Agreement and Declaration of Trust (Evergreen Global Dividend Opportunity Fund)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any , and any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Any liabilities, debts, obligations, expenses, costs, charges and reserves of the Trust that are not readily identifiable as being liabilities held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in its sole discretion deems fair and equitable. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect Persons who have extended credit which has been allocated to a particular Series Series, or who have a claim or contract which has been allocated to any particular Series, shall look, and shall be enforceable against the assets held with respect required by contract to such Series only and not against look, exclusively to the assets of that particular Series for payment of such credit, claim, or contract. In the Trust generally or against absence of an express contractual agreement so limiting the assets held with respect claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to any other Series and, except as otherwise provided in this Declaration of Trust with respect have impliedly agreed to such limitation unless an express provision to the allocation contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General AssetsLiabilities as provided herein, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such particular Series only, and not against the assets of any other Series or the General Assets of the Trust generally and none of the General Liabilities of the Trust or the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to any other Series thereof shall be enforceable against the assets of held with respect to such particular Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be is set forth in the Certificate of Trust or Trust, and by giving such notice in an amendment thereto. To the extent required by Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the Certificate of Trust) are applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 5 contracts
Samples: Trust Agreement (New Age Alpha Variable Funds Trust), Agreement and Declaration of Trust (New Age Alpha Funds Trust), Agreement and Declaration of Trust (New Age Alpha Trust)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a 108656, v0.9 7 nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. Notice of this limitation on inter-Series and/or (iii) liabilities shall be set forth in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets certificate of any other Series and from the General Assets trust of the Trust not allocated to such Series.(whether originally or by amendment). 108656, v0.9 8
Appears in 5 contracts
Samples: Amendment No. 10 to Amended and Restated Agreement and Declaration of Trust (Vanguard Malvern Funds), Amendment to Agreement and Declaration of Trust (Vanguard Malvern Funds), Amendment No. 10 to Amended and Restated Agreement and Declaration of Trust (Vanguard Malvern Funds)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (Putnam ETF Trust), Agreement and Declaration of Trust (Putnam ETF Trust), Agreement and Declaration of Trust (American Century Etf Trust)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct district records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 5 contracts
Samples: Trust Agreement (Ivy NextShares), Trust Agreement (Oppenheimer High Yield Opportunities Fund), Trust Agreement (Oppenheimer Global High Yield Fund)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders holders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-the liability of each Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect thereto prior to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets issuance of any other Series and from the General Assets Shares of the Trust not allocated to such a Series.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (Target Portfolio Trust), Trust Agreement (E Harmon Funds), Trust Agreement (E Harmon Funds)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any To the fullest extent permitted by Section 3804 of the Delaware Act, any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Exchange Place Advisors Trust), Trust Agreement (North Square Investments Trust), Trust Agreement (Harvest Volatility Edge Trust)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges charges, and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “liabilities held with respect to” that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall may, in the Trustees’ discretion, be set forth in the Certificate of Trust (whether originally or by amendment) as filed or to be filed in an amendment thereto. To the extent required by Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the Certificate of Trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against any Series may look only to the assets held of that Series to satisfy or enforce any debt with respect to each that Series. No Shareholder or former Shareholder of any Series shall be held in such separate and distinct records (directly have a claim on or indirectly, including through a nominee any right to any assets allocated or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect belonging to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 4 contracts
Samples: Trust Agreement (Dividend & Income Fund), Amended and Restated Agreement and Declaration of Trust (DCA Total Return Fund), Agreement and Declaration of Trust (Dividend Capital Strategic Global Realty Fund)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” or “liabilities of” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or and or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 4 contracts
Samples: Amended and Restated Agreement and Declaration of Trust (Meketa Infrastructure Fund), Agreement and Declaration of Trust (Finite Solar Finance Fund), Agreement and Declaration of Trust (Primark Private Equity Fund)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against borne by the assets held with respect to that Series. Any Class, and any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series (or Class) shall be allocated and charged by the Trustees to and among any one or more of the Series (or Classes) 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 held with respect to” that Series (or Class). Any liabilities, debts, obligations, expenses, costs, charges and reserves of the Trust that are not readily identifiable as being liabilities held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series (or Classes) for all purposes. All liabilities held with respect Persons who have extended credit which has been allocated to a particular Series (or Class), or who have a claim or contract which has been allocated to any particular Series (or Class), shall look, and shall be enforceable against the assets held with respect required by contract to such Series only and not against look, exclusively to the assets of that particular Series (or Class) for payment of such credit, claim, or contract. In the Trust generally or against absence of an express contractual agreement so limiting the assets held with respect claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to any other Series and, except as otherwise provided in this Declaration of Trust with respect have impliedly agreed to such limitation unless an express provision to the allocation contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General AssetsLiabilities as provided herein, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series (or Class), whether such Series (or Class) is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the Trust generally assets held with respect to such particular Series (or Class) only, and not against the assets of any other Series (or Class) or the General Assets of the Trust and none of the General Liabilities of the Trust or the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to any other Series (or Class) thereof shall be enforceable against the assets of held with respect to such Seriesparticular Series (or Class). Notice of this limitation on inter-liabilities between and among Series liabilities shall be (or Classes) is set forth in the Certificate of Trust or Trust, and by giving such notice in an amendment thereto. To the extent required by Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities between and among Series (or Classes) (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the Certificate of Trust) are applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such SeriesClass).
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Catholic Responsible Investments Funds), Trust Agreement (Frost Family of Funds), Trust Agreement (Catholic Responsible Investments Funds)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series or Class shall be charged against the liabilities of the Trust held with respect to a particular that Series or Class and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any or Class, and any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees Sponsor to and among any one or more of the Series or Classes in such manner and on such basis as the Sponsor, in its sole discretion, deems fair and equitable. The liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “liabilities held with respect to” that Series or Class. Any liabilities, debts, obligations, expenses, costs, charges and reserves of the Trust that are not readily identifiable as being liabilities held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged by the Sponsor to and among any one or more of the Series in such manner and on such basis as the Trustees Sponsor, in their its sole discretion deem discretion, deems fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees Sponsor shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect Persons who have extended credit which has been allocated to a particular Series Series, or who have a claim or contract which has been allocated to any particular Series, shall look, and shall be enforceable against the assets held with respect required by contract to such Series only and not against look, exclusively to the assets of the Trust generally that particular Series for payment of such credit, claim, or against the assets held with respect to contract, and not any other Series andor Class or the Trust as a whole. In the absence of an express contractual agreement so limiting the claims of such creditors, except as otherwise provided in this Declaration of Trust with respect claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation. Subject to the allocation right of the Sponsor in its discretion to allocate General AssetsLiabilities as provided herein, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Trust Agreement or is hereafter authorized and existing pursuant to this Trust Agreement, shall be enforceable against the assets held with respect to such particular Series only, and not against the assets of any other Series or the General Assets of the Trust generally and none of the General Liabilities of the Trust or the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to any other Series thereof shall be enforceable against the assets of held with respect to such particular Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be is set forth in the Certificate of Trust or Trust, and by giving such notice in an amendment thereto. To the extent required by Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the Certificate of Trust) are applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Franklin Ethereum Trust), Agreement and Declaration of Trust (Franklin Templeton Digital Holdings Trust), Agreement and Declaration of Trust (Franklin Templeton Digital Holdings Trust)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges charges, and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “"liabilities held with respect to” " that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall may, in the Trustees' discretion, be set forth in the Certificate certificate of trust of the Trust (whether originally or by amendment) as filed or to be filed in an amendment thereto. To the extent required by Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the certificate of trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the certificate of trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against any Series may look only to the assets held of that Series to satisfy or enforce any debt, with respect to each that Series. No Shareholder or former Shareholder of any Series shall be held in such separate and distinct records (directly have a claim on or indirectly, including through a nominee any right to any assets allocated or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect belonging to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Blue Ridge Funds Trust), Agreement and Declaration of Trust (Eq Advisors Trust), Trust Agreement (787 Trust)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (ii)(i) separate and distinct records shall be maintained for each Series, (iiii)(ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iiiiii)(iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 3 contracts
Samples: Trust Agreement (OFI SteelPath Series Trust), Trust Agreement (Oppenheimer Emerging Markets Local Debt Fund), Trust Agreement (Oppenheimer Variable Account Funds)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets liabilities, debts, obligations, costs, charges, reserves and expenses of the Trust incurred, contracted for or otherwise existing with respect to such Series. Such liabilities, debts, obligations, costs, charges, reserves and expenses incurred, contracted for or otherwise existing with respect to a particular Series are herein referred to as "liabilities held with respect to to" that Series. Any general liabilities liabilities, debts, obligations, costs, charges, reserves and expenses of the Trust that which are not readily identifiable as being liabilities held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expensesdebts, obligations, costs, charges charges, reserves and reserves expenses by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held Persons who have extended credit that has been allocated to a particular Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider shall be deemed nevertheless to have impliedly agreed to such limitation. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or to be filed in an amendment thereto. To the extent required by Section 3804(a) Office of the Secretary of State of the State of Delaware Act in order to give effect pursuant to the limitation DBTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DBTA relating to limitations on inter-liabilities between and among Series liabilities set (and the statutory effect under Section 3804 of setting forth such notice in this Section 3.6, (ithe Certificate of Trust) separate shall become applicable to the Trust and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 3 contracts
Samples: Trust Agreement (Templeton Capital Accumulator Fund Inc), Trust Agreement (Assetmark Funds), Trust Agreement (Assetmark Funds)
Liabilities Held with Respect to a Particular Series. All The assets belonging to each Series shall be charged with the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities liabilities, expenses, costs, charges or reserves of the Trust that which are not readily identifiable as being held with respect belonging to any particular Series shall be allocated and charged by the Trustees to and between or among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each such allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All The liabilities, expenses, costs, charges and reserves allocated and so charged to a Series are herein referred to as “liabilities held with respect belonging to” that Series. Except as provided in the next two sentences or otherwise required or permitted by applicable law or any rule or order of the Commission, the liabilities belonging to such Series shall be allocated to each class of a Series in the proportion that the assets belonging to such class bear to the assets belonging to all classes in the Series. To the extent permitted by rule or order of the Commission, the Trustees may allocate all or a portion of any liabilities belonging to a Series to a particular Series class or classes as the Trustees may from time to time determine is appropriate. In addition, all liabilities, expenses, costs, charges and reserves belonging to a class shall be enforceable against the assets held with respect allocated to such Series only and not against the assets class. Without limitation of the Trust generally or against the assets held with respect to any other Series andforegoing provisions of this Section 6, except as otherwise provided in this Declaration of Trust with respect but subject to the allocation right of General Assetsthe Trustees in their discretion to allocate general liabilities, none of expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets belonging to such Series only, and not against the assets of the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust of the Trust (whether originally or by amendment) as filed or to be filed in an amendment thereto. To the extent required by Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act in order relating to give effect to the limitation limitations on inter-Series liabilities set (and the statutory effect under Section 3804 of setting forth such notice in this Section 3.6, (ithe Certificate of Trust) separate shall become applicable to the Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against the assets held Trust with respect to each a particular Series shall be held in such separate and distinct records (directly may satisfy or indirectlyenforce any debt, including through a nominee liability, obligation or otherwise) and accounted expense incurred, contracted for in such separate and distinct records separately from the assets held or otherwise existing with respect to all other that Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of that Series only. No Shareholder or former Shareholder of any Series shall have a claim on or any right to any assets allocated or belonging to any other Series. If, notwithstanding the provisions of this Section 6, any liability properly charged to a Series and (or class) is paid from the General Assets assets of another Series (or class), the Series (or class) from whose assets the liability was paid shall be reimbursed from the assets of the Trust not allocated Series (or class) to which such Seriesliability belonged.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Texas Capital Funds Trust), Trust Agreement (Themes ETF Trust), Agreement and Declaration of Trust (Themes ETF Trust)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust Company held with respect to a particular Series series and all expenses, costs, charges and reserves attributable to that Series series shall be charged against the assets held with respect to that Seriesseries. Any To the fullest extent permitted by the Delaware Act, any general liabilities of the Trust Company that are not readily identifiable as being held with respect to any particular Series series shall be allocated and charged by the Trustees to and Board to, between, or among any one or more of the Series series in such manner and on such basis as the Trustees Board, in their its sole discretion deem deems fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series series are herein referred to as “liabilities held with respect to” that Seriesseries. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees Board shall be conclusive and binding upon the Shareholders Members of all Series series for all purposes. All liabilities held with respect to a particular Series series shall be enforceable against the assets held with respect to such Series series only and not against the assets of the Trust Company generally or against the assets held with respect to any other Series series and, except as otherwise provided in this Declaration of Trust Agreement with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust Company generally or any other Series series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment theretoseries. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series series liabilities set forth in this Section 3.6, 3.4: (iA) separate and distinct records shall be maintained for each Series, series; (iiB) the assets held with respect to each Series series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series series and the General Assets of the Trust Company not allocated to such Series series; and/or (iiiC) the records maintained for each Series series shall account for the assets held with respect to such Series series separately from the assets of any other Series series and from the General Assets of the Trust Company not allocated to such Seriesseries.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Fundrise Growth Tech Fund, LLC), Limited Liability Company Agreement (Fundrise Income Real Estate Fund, LLC), Limited Liability Company Agreement (Fundrise Income Real Estate Fund, LLC)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated (whether originally or by amendment) as filed or to such Series and/or (iii) be filed in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets Office of the Secretary of State of the State of Delaware pursuant to the DSTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DSTA ("Section 3804") relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) shall become applicable to the Trust not allocated to such and each Series.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Aberdeen Funds), Agreement and Declaration of Trust (Aberdeen Funds), Agreement and Declaration of Trust (Aberdeen Funds)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges charges, and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “"liabilities held with respect to” " that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall may, in the Trustees' discretion, be set forth in the Certificate of Trust or and upon the giving of such notice in an amendment thereto. To the extent required by Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the certificate of trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against any Series may look only to the assets held of that Series to satisfy or enforce any debt with respect to each that Series. No Shareholder or former Shareholder of any Series shall be held in such separate and distinct records (directly have a claim on or indirectly, including through a nominee any right to any assets allocated or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect belonging to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Evergreen International Balanced Income Fund), Agreement and Declaration of Trust (Evergreen International Balanced Income Fund), Trust Agreement (Amway Mutual Fund Inc)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that are not readily identifiable as being held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held Persons who have extended credit that has been allocated to a particular Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the creditor, claimant or contract provider relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated (whether originally or by amendment) as filed or to such Series and/or (iii) be filed in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets Office of the Secretary of State of the State of Delaware pursuant to the DBTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DBTA relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) shall become applicable to the Trust not allocated to such and each Series.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Barrett Funds), Trust Agreement (Berwyn Income Fund Inc), Trust Agreement (Ingenuity Capital Trust)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees Board of Trustees, in their its sole discretion deem discretion, deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held 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, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated (whether originally or by amendment) as filed or to such Series and/or (iii) be filed in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets Office of the Secretary of State of the State of Delaware pursuant to the DBTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DBTA relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) shall become applicable to the Trust not allocated to such and each Series.
Appears in 3 contracts
Samples: Amended and Restated Agreement and Declaration of Trust (4 Winds Family of Funds), Amended and Restated Agreement and Declaration of Trust (4 Winds Family of Funds), Agreement and Declaration of Trust (Stratevest Funds)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged with the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges charges, and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “liabilities held with respect to” that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall may, in the Trustees’ discretion, be set forth in the Certificate of Trust or and upon the giving of such notice in an amendment thereto. To the extent required by Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the certificate of trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against any Series may look only to the assets held of that Series to satisfy or enforce any debt, with respect to each that Series. No Shareholder or former Shareholder of any Series shall be held in such separate and distinct records (directly have a claim on or indirectly, including through a nominee any right to any assets allocated or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect belonging to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Met Investors Series Trust), Agreement and Declaration of Trust (Metropolitan Series Fund), Trust Agreement (Metropolitan Series Fund Inc)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem deems fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders holders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-the liability of each Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect thereto prior to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets issuance of any other Series and from the General Assets Shares of the Trust not allocated to such a Series.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Managed Account Series II), Agreement and Declaration of Trust (BlackRock Long-Horizon Equity Fund), Amended Agreement and Declaration of Trust (Merrill Lynch Global Equity Opportunities Fund)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that SeriesSeries only, and all liabilities held with respect to a particular Class shall be borne by that Class. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “liabilities held with respect to” that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment theretothereto as filed or to be filed in the Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in the certificate of trust) shall become applicable to the Trust and each Series. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series Series, the assets held with respect to the Trust generally, and the General Assets of the Trust not yet allocated to one or more such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series, and the assets held with respect to the Trust generally.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust, Trust Agreement (Symmetry Panoramic Trust), Agreement and Declaration of Trust (1290 Funds)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated (whether originally or by amendment) as filed or to such Series and/or (iii) be filed in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets Office of the Secretary of State of the State of Delaware pursuant to the DSTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DSTA (“Section 3804”) relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) shall become applicable to the Trust not allocated to such and each Series.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Abrdn Funds), Agreement and Declaration of Trust (Abrdn Funds), Agreement and Declaration of Trust (Aberdeen Funds)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against borne by the assets held with respect to that Series. Any Class, and any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series (or Class) shall be allocated and charged by the Trustees to and among any one or more of the Series (or Classes) 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 held with respect to" that Series (or Class). Any liabilities, debts, obligations, expenses, costs, charges and reserves of the Trust that are not readily identifiable as being liabilities held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series (or Classes) for all purposes. All liabilities held with respect Persons who have extended credit which has been allocated to a particular Series (or Class), or who have a claim or contract which has been allocated to any particular Series (or Class), shall look, and shall be enforceable against the assets held with respect required by contract to such Series only and not against look, exclusively to the assets of that particular Series (or Class) for payment of such credit, claim, or contract. In the Trust generally or against absence of an express contractual agreement so limiting the assets held with respect claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to any other Series and, except as otherwise provided in this Declaration of Trust with respect have impliedly agreed to such limitation unless an express provision to the allocation contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General AssetsLiabilities as provided herein, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series (or Class), whether such Series (or Class) is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the Trust generally assets held with respect to such particular Series (or Class) only, and not against the assets of any other Series (or Class) or the General Assets of the Trust and none of the General Liabilities of the Trust or the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to any other Series (or Class) thereof shall be enforceable against the assets of held with respect to such Seriesparticular Series (or Class). Notice of this limitation on inter-liabilities between and among Series liabilities shall be (or Classes) is set forth in the Certificate of Trust or Trust, and by giving such notice in an amendment thereto. To the extent required by Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities between and among Series (or Classes) (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the Certificate of Trust) are applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such SeriesClass).
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Gallery Trust), Trust Agreement (Gallery Trust), Agreement and Declaration of Trust (Winton Series Trust)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. Notice of this limitation on inter-Series and/or (iii) liabilities shall be set forth in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets certificate of any other Series and from the General Assets trust of the Trust not allocated to such Series.(whether originally or by amendment). 108648, v0.6
Appears in 2 contracts
Samples: Amendment to Agreement and Declaration of Trust (Vanguard Index Funds), Amendment to Agreement and Declaration of Trust (Vanguard Index Funds)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series, and all liabilities held with respect to a particular Class shall be allocated and charged against the assets allocated to that Class. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “liabilities held with respect to” that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series and Classes for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (1290 Funds), Agreement and Declaration of Trust (1290 Funds)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges charges, and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “"liabilities held with respect to” " that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall may, in the Trustees' discretion, be set forth in the Certificate of Trust or and upon the giving of such notice in an amendment thereto. To the extent required by Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the certificate of trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.each
Appears in 2 contracts
Samples: Trust Agreement (Evergreen Equity Trust /De/), Trust Agreement (Evergreen Fixed Income Trust)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-the liability of each Series liabilities shall be set forth in the Certificate of Trust or in an amendment theretothereto prior to the issuance of any Shares of a Series. To Notwithstanding any other provision in this Declaration of Trust to the extent required by contrary, any liability and/or expense against which any Covered Person is indemnified under Section 3804(a1 of Article XI of the By-Laws and any advancement of expenses that any Covered Person is entitled to be paid under Section 1(e) of Article XI of the Delaware Act in order to give effect to the limitation on interBy-Series liabilities set forth in this Section 3.6, (i) separate and distinct records Laws shall be maintained for deemed to be joint and several obligations of the Trust and each Series, (ii) and the assets held with respect to of the Trust and each Series shall be held subject to the claims of any Covered Person therefor under Article XI of the By-Laws; provided that any such liability, expense or obligation may be allocated and charged by the Trustees between or among the Trust and/or any one or more Series (and Classes) in such separate manner as the Trustees deem fair and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Seriesequitable.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (PGIM Rock ETF Trust), Trust Agreement (PGIM Rock ETF Trust)
Liabilities Held with Respect to a Particular Series. All The liabilities of the Trust held with respect to a each particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets of the Trust held with respect to that Series, except that liabilities and expenses allocated solely to a particular Class shall be borne by that Class. Any general liabilities liabilities, debts, obligations, expenses, costs charges or reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees Treasurer, subject to the supervision of the President, Chair of the Board, if any, and the Board itself, to and among any one or more of the Series or Classes established from time to time in such manner and on such basis as the Trustees in their sole discretion deem Board deems fair and equitable. All liabilities, debts, obligations, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “liabilities held with respect to” that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Treasurer, subject to the supervision of the President, Chair of the Board, if any, and the Board itself, to allocate general liabilities, debts, obligations, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall may, in the Trustees’ discretion, be set forth in the Certificate of Trust (whether originally or by amendment) as filed or to be filed in an amendment thereto. To the extent required by Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act (and any successor provisions) relating to limitations on liabilities among Series (and the statutory effect under Section 3804 (and any successor provisions) of setting forth such notice in order to give effect the Certificate of Trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against any Series may look only to the assets held of that Series to satisfy or enforce any debt with respect to each that Series. No Shareholder or former Shareholder of any Series shall be held in such separate and distinct records (directly have a claim on or indirectly, including through a nominee any right to any assets allocated or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect belonging to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 2 contracts
Samples: Trust Agreement (Transparent Value Trust), Trust Agreement (Transparent Value Trust)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to the all other Series and Series, the General Assets of the Trust not allocated to such Series and the other assets of the Trust and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such SeriesSeries and the other assets of the Trust.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Calamos Antetokounmpo Sustainable Equities Trust), Agreement and Declaration of Trust (Calamos Antetokounmpo Sustainable Equities Trust)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. Notice of this limitation on inter-Series and/or (iii) liabilities shall be set forth in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets certificate of any other Series and from the General Assets trust of the Trust not allocated to such Series.(whether originally or by amendment). 48687, v0.3 7
Appears in 2 contracts
Samples: Amendment No. 8 to Amended and Restated Agreement and Declaration of Trust (Vanguard World Fund), Amendment No. 8 to the Amended and Restated Agreement and Declaration of Trust (Vanguard World Fund)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any , and any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Any liabilities, debts, obligations, expenses, costs, charges and reserves of the Trust that are not readily identifiable as being liabilities held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in its sole discretion deems fair and equitable. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect Persons who have extended credit which has been allocated to a particular Series Series, or who have a claim or contract which has been allocated to any particular Series, shall look, and shall be enforceable against the assets held with respect required by contract to such Series only and not against look, exclusively to the assets of that particular Series for payment of such credit, claim, or contract. In the Trust generally or against absence of an express contractual agreement so limiting the assets held with respect claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to any other Series and, except as otherwise provided in this Declaration of Trust with respect have impliedly agreed to such limitation unless an express provision to the allocation contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General AssetsLiabilities as provided herein, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such particular Series only, and not against the assets of any other Series or the General Assets of the Trust generally and none of the General Liabilities of the Trust or the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to any other Series thereof shall be enforceable against the assets of held with respect to such particular Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be is set forth in the Certificate of Trust or Trust, and by giving such notice in an amendment thereto. To the extent required by Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the Certificate of Trust) are applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 2 contracts
Samples: Trust Agreement (Winton Series Trust), Trust Agreement (Advisors' Inner Circle Fund III)
Liabilities Held with Respect to a Particular Series. All (or Class). The assets belonging to each Series shall be charged with the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities liabilities, expenses, costs, charges or reserves of the Trust that are not readily identifiable as being held with respect belonging to any particular Series shall be allocated and charged by the Trustees to and between or among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each such allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All The liabilities, expenses, costs, charges and reserves allocated and so charged to a Series are herein referred to as “liabilities held with respect belonging to” that Series. Except as provided in the next two sentences or otherwise required or permitted by applicable law or any rule or order of the Commission, the liabilities belonging to such Series shall be allocated to each Class of a Series in the proportion that the assets belonging to such Class bear to the assets belonging to all Classes in the Series. To the extent permitted by rule or order of the Commission, the Trustees may allocate all or a portion of any liabilities belonging to a Series to a particular Series Class or Classes as the Trustees may from time to time determine is appropriate. In addition, all liabilities, expenses, costs, charges and reserves belonging to a Class shall be enforceable against the assets held with respect allocated to such Series only and not against the assets Class. Without limitation of the Trust generally or against the assets held with respect to any other Series andforegoing provisions of this Section, except as otherwise provided in this Declaration of Trust with respect but subject to the allocation right of General Assetsthe Trustees in their discretion to allocate general liabilities, none of expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets belonging to such Series only, and not against the assets of the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Trust (whether originally or by amendment) as filed or to be filed in the Office of the Secretary of State of the State of Delaware Act in order to give effect pursuant to the limitation Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the Act relating to limitations on inter-Series liabilities set (and the statutory effect under Section 3804 of setting forth such notice in this Section 3.6, (ithe certificate of trust) separate shall become applicable to the Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against the assets held Trust with respect to each a particular Series shall be held in such separate and distinct records (directly may satisfy or indirectlyenforce any debt, including through a nominee liability, obligation or otherwise) and accounted expense incurred, contracted for in such separate and distinct records separately from the assets held or otherwise existing with respect to all other that Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of that Series only. No Shareholder or former Shareholder of any Series shall have a claim on or any right to any assets allocated or belonging to any other Series. If, notwithstanding the provisions of this Section, any liability properly charged to a Series and or Class is paid from the General Assets assets of another Series or Class, the Series or Class from whose assets the liability was paid shall be reimbursed from the assets of the Trust not allocated Series or Class to which such Seriesliability belonged.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Loeb & King Trust), Trust Agreement (USFS Funds Trust)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. Notice of this limitation on inter-Series and/or (iii) liabilities shall be set forth in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets certificate of any other Series and from the General Assets trust of the Trust not allocated to such Series.(whether originally or by amendment). 48032, v0.4 6
Appears in 2 contracts
Samples: Amendment to Agreement and Declaration of Trust (Vanguard Bond Index Funds), Amendment to Agreement and Declaration of Trust (Vanguard Bond Index Funds)
Liabilities Held with Respect to a Particular Series. All (or Class). The assets belonging to each Series shall be charged with the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities liabilities, expenses, costs, charges or reserves of the Trust that are not readily identifiable as being held with respect belonging to any particular Series shall be allocated and charged by the Trustees to and or officers of the Trust between or among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion or officers of the Trust deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each such allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All The liabilities, expenses, costs, charges and reserves allocated and so charged to a Series are herein referred to as “liabilities held with respect belonging to” that Series. Except as provided in the next two sentences or otherwise required or permitted by applicable law or any rule or order of the Commission, the liabilities belonging to such Series shall be allocated to each Class of a Series in the proportion that the assets belonging to such Class bear to the assets belonging to all Classes in the Series. To the extent permitted by rule or order of the Commission, the Trustees or officers may allocate all or a portion of any liabilities belonging to a Series to a particular Series Class or Classes as the Trustees or officers may from time to time determine is appropriate. In addition, all liabilities, expenses, costs, charges and reserves belonging to a Class shall be enforceable against the assets held with respect allocated to such Series only and not against the assets Class. Without limitation of the Trust generally or against the assets held with respect to any other Series andforegoing provisions of this Section, except as otherwise provided in this Declaration of Trust with respect but subject to the allocation right of General Assetsthe Trustees or officers to allocate general liabilities, none of expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets belonging to such Series only, and not against the assets of the Trust generally or any other Series thereof and, unless otherwise provided in this Declaration of Trust, none of the debts, liabilities, obligations, expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series shall be enforceable against the assets of such a Series. Notice of this limitation on inter-Series liabilities shall may, in the Trustees’ discretion, be set forth in the Certificate certificate of trust of the Trust (whether originally or by amendment) as filed or to be filed in an amendment thereto. To the extent required by Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the certificate of trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act in order relating to give effect to the limitation limitations on inter-Series liabilities set (and the statutory effect under Section 3804 of setting forth such notice in this Section 3.6, (ithe certificate of trust) separate shall become applicable to the Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against the assets held Trust with respect to each a particular Series shall be held in such separate and distinct records (directly may satisfy or indirectlyenforce any debt, including through a nominee liability, obligation or otherwise) and accounted expense incurred, contracted for in such separate and distinct records separately from the assets held or otherwise existing with respect to all other that Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of that Series only. No Shareholder or former Shareholder of any Series shall have a claim on or any right to any assets allocated or belonging to any other Series. If, notwithstanding the provisions of this Section, any liability properly charged to a Series and or Class is paid from the General Assets assets of another Series or Class, the Series or Class from whose assets the liability was paid shall be reimbursed from the assets of the Trust not allocated Series or Class to which such Seriesliability belonged.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Series Portfolios Trust), Agreement and Declaration of Trust (Series Portfolios Trust)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that are not readily identifiable as being held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” that " such Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect Persons who have extended credit that has been allocated to a particular Series Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be enforceable against the assets held with respect required by contract to such Series only and not against look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the Trust generally or against absence of an express contractual agreement so limiting the assets held with respect claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to any other Series and, except as otherwise provided in this Declaration of Trust with respect have impliedly agreed to such limitation unless an express provision to the allocation contrary has been incorporated in the written contract or other document establishing the creditor, claimant or contract provider relationship. Subject to the right of the Board of Trustees in its discretion to allocate General AssetsLiabilities as provided herein, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such particular Series only, and not against the assets of any other Series or the General Assets of the Trust generally and none of the General Liabilities of the Trust or the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to any other Series thereof shall be enforceable against the assets of held with respect to such particular Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated (whether originally or by amendment) as filed or to such Series and/or (iii) be filed in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets Office of the Secretary of State of the State of Delaware pursuant to the DBTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DBTA relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) shall become applicable to the Trust not allocated to such and each Series.
Appears in 2 contracts
Samples: Trust Agreement (Fort Pitt Capital Funds), Trust Agreement (Igam Group Funds)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect toeach particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expensesallexpenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges andreserves of the Trust that which are not readily identifiable as being held with respect to any particular Series Series(collectively “General Liabilities”) shall be allocated and charged by the Board of Trustees to and among any one anyone or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem fair deemsfair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred hereinreferred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and chargesand reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposesallpurposes. All liabilities held with respect Persons who have extended credit which has been allocated to a particular Series, or who have aclaim or contract that has been allocated to any particular Series, shall look, and shall be required by contract tolook exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In theabsence of an express contractual agreement so limiting the claims of such creditors, claimants and contractproviders, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed tosuch limitation unless an express provision to the contrary has been incorporated in the written contract or otherdocument establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as providedherein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respectto a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust oris hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held assetsheld with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none andnone of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to respectto the Trust generally or any other Series thereof shall be enforceable against the assets of such Seriesheld with respect to suchSeries. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets ofTrust of the Trust not allocated (whether originally or by amendment) as filed or to such Series and/or (iii) be filed in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets Office of the Secretary ofState of the State of Delaware pursuant to the DSTA, and upon the giving of such notice in the Certificate ofTrust, the statutory provisions of Section 3804 of the DSTA relating to limitations on liabilities between andamong Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust)shall become applicable to the Trust not allocated to such and each Series.
Appears in 2 contracts
Samples: Trust Agreement (Elessar Funds Investment Trust), Trust Agreement (Elessar Funds Investment Trust)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust Partnership held with respect to each particular Series shall be charged against the liabilities, debts, obligations, costs, charges, reserves and expenses of the Partnership incurred, contracted for or otherwise existing with respect to such Series. Such liabilities, debts, obligations, costs, charges, reserves and expenses incurred, contracted for or otherwise existing with respect to a particular Series and all are herein referred to as "liabilities held with respect to" that Series. Any liabilities, debts, obligations, expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust Partnership that are not readily identifiable as being liabilities held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Trustees Board of Directors to and among any one or more of the Series in such manner and on such basis as the Trustees Board of Directors in their its sole discretion deem deems fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees Board of Directors shall be conclusive and binding upon the Shareholders Investors of all Series for all purposes. All liabilities held with respect Persons who have extended credit that has been allocated to a particular Series Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be enforceable against the assets held with respect required by contract to such Series only and not against look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the Trust generally or against absence of an express contractual agreement so limiting the assets held with respect claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider shall be deemed nevertheless to any other Series and, except as otherwise provided in this Declaration of Trust with respect have impliedly agreed to such limitation. Subject to the allocation right of the Board of Directors in its discretion to allocate General AssetsLiabilities as provided herein, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Partnership Agreement or is hereafter authorized and existing pursuant to this Partnership Agreement, shall be enforceable against the Trust generally assets held with respect to such particular Series only, and not against the assets of any other Series or the General Assets of the Partnership and none of the General Liabilities of the Partnership or the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to any other Series thereof shall be enforceable against the assets of held with respect to such particular Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or Limited Partnership to be filed in an amendment thereto. To the extent required by Section 3804(a) Office of the Secretary of State of the State of Delaware Act in order to give effect pursuant to the limitation DRULPA, and upon the giving of such notice in the Certificate of Limited Partnership, the statutory provisions of Section 17-218 of the DRULPA relating to limitations on interliabilities between and among Series (and the statutory effect under Section 17-Series liabilities set 218 of setting forth such notice in this Section 3.6, (ithe Certificate of Limited Partnership) separate shall become applicable to the Partnership and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Federated Core Trust Ii), Limited Partnership Agreement (Federated Core Trust Ii)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. Notice of this limitation on inter-Series and/or (iii) liabilities shall be set forth in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets certificate of any other Series and from the General Assets trust of the Trust not allocated to such Series.(whether originally or by amendment). 108670, v0.2 10
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Vanguard Valley Forge Funds)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. Notice of this limitation on inter-Series and/or (iii) liabilities shall be set forth in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets certificate of any other Series and from the General Assets trust of the Trust not allocated to such Series.(whether originally or by amendment). 107932, v0.8 6
Appears in 1 contract
Samples: Amendment No. 4 to Amended and Restated Agreement and Declaration of Trust (Vanguard Star Funds)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges charges, and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “"liabilities held with respect to” " that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall may, in_ the Trustees' discretion, be set forth in the Certificate of Trust or and upon the giving of such notice in an amendment thereto. To the extent required by Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the certificate of trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against any Series may look only to the assets held of that Series to satisfy or enforce any debt, with respect to each that Series. No Shareholder or former Shareholder of any Series shall be held in such separate and distinct records (directly have a claim on-or indirectly, including through a nominee any right to any assets allocated or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect belonging to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 1 contract
Samples: Declaration of Trust (USAllianz Variable Insurance Products Fund of Funds Trust)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iiiiii)(iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 1 contract
Samples: Trust Agreement (Oppenheimer SteelPath Panoramic Fund)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges charges, and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “"liabilities held with respect to” " that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall may, in the Trustees' discretion, be set forth in the Certificate of Trust of the Trust (whether originally or by amendment) as filed or to be filed in an amendment thereto. To the extent required by Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the certificate of trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against any Series may look only to the assets held of that Series to satisfy or enforce any debt, with respect to each that Series. No Shareholder or former Shareholder of any Series shall be held in such separate and distinct records (directly have a claim on or indirectly, including through a nominee any right to any assets allocated or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect belonging to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Portland Mutual Funds)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. Notice of this limitation on inter-Series and/or (iii) liabilities shall be set forth in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets certificate of any other Series and from the General Assets trust of the Trust not allocated to such Series.(whether originally or by amendment). 108134, v0.7 6
Appears in 1 contract
Samples: Amendment No. 8 to Amended and Restated Agreement and Declaration of Trust (Vanguard Chester Funds)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that are not readily identifiable as being held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” that " such Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect Persons who have extended credit that has been allocated to a particular Series Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be enforceable against the assets held with respect required by contract to such Series only and not against look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the Trust generally or against absence of an express contractual agreement so limiting the assets held with respect claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to any other Series and, except as otherwise provided in this Declaration of Trust with respect have impliedly agreed to such limitation unless an express provision to the allocation contrary has been incorporated in the written contract or other document establishing the creditor, claimant or contract provider relationship. Subject to the right of the Board of Trustees in its discretion to allocate General AssetsLiabilities as provided herein, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such particular Series only, and not against the assets of any other Series or the General Assets of the Trust generally and none of the General Liabilities of the Trust or the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to any other Series thereof shall be enforceable against the assets of held with respect to such particular Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust of the Trust (whether originally or by amendment) as filed or to be filed in an amendment thereto. To the extent required by Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the Certificate of Trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 1 contract
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust (whether originally or by amendment) as filed or to be filed in an amendment thereto. To the extent required by Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the Certificate of Trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Sierra Total Return Fund)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to the Declaration of Trust or is hereafter authorized and existing pursuant to the Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated (whether originally or by amendment) as filed or to such Series and/or (iii) be filed in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets Office of the Secretary of State of the State of Delaware pursuant to the DSTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DSTA relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) shall become applicable to the Trust not allocated to such and each Series.
Appears in 1 contract
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust Company held with respect to a particular Series series and all expenses, costs, charges and reserves attributable to that Series series shall be charged against the assets held with respect to that Seriesseries. Any To the fullest extent permitted by the Delaware Act, any general liabilities of the Trust Company that are not readily identifiable as being held with respect to any particular Series series shall be allocated and charged by the Trustees Directors to and among any one or more of the Series series in such manner and on such basis as the Trustees Directors in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series series are herein referred to as “liabilities held with respect to” that Seriesseries. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees Directors shall be conclusive and binding upon the Shareholders Members of all Series series for all purposes. All liabilities held with respect to a particular Series series shall be enforceable against the assets held with respect to such Series series only and not against the assets of the Trust Company generally or against the assets held with respect to any other Series series and, except as otherwise provided in this Declaration of Trust Agreement with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust Company generally or any other Series series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment theretoseries. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series series liabilities set forth in this Section 3.63.4, (i) separate and distinct records shall be maintained for each Seriesseries, (ii) the assets held with respect to each Series series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series series and the General Assets of the Trust Company not allocated to such Series series and/or (iii) the records maintained for each Series series shall account for the assets held with respect to such Series series separately from the assets of any other Series series and from the General Assets of the Trust Company not allocated to such Seriesseries.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Fundrise Real Estate Interval Fund, LLC)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust Partnership held with respect to each particular Series shall be charged against the liabilities, debts, obligations and expenses of the Partnership incurred, contracted for or otherwise existing with respect to such Series. Such liabilities, debts, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series and all are herein referred to as "liabilities held with respect to" that Series. Any liabilities, expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust Partnership that are not readily identifiable as being held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Trustees Board of Directors to and among any one or more of the Series in such manner and on such basis as the Trustees Board of Directors in their its sole discretion deem deems fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees Board of Directors shall be conclusive and binding upon the Shareholders Investors of all Series for all purposes. All liabilities held with respect Persons who have extended credit that has been allocated to a particular Series Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be enforceable against the assets held with respect required by contract to such Series only and not against look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the Trust generally or against absence of an express contractual agreement so limiting the assets held with respect claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider shall be deemed nevertheless to any other Series and, except as otherwise provided in this Declaration of Trust with respect have impliedly agreed to such limitations. Subject to the allocation right of the Board of Directors in its discretion to allocate General AssetsLiabilities as provided herein, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Partnership Agreement or is hereafter authorized and existing pursuant to this Partnership Agreement, shall be enforceable against the Trust generally assets held with respect to such particular Series only, and not against the assets of any other Series or the General Assets of the Partnership and none of the General Liabilities of the Partnership or the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to any other Series thereof shall be enforceable against the assets of held with respect to such particular Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) Limited Partnership of the Partnership to be filed in the Office of the Secretary of State of the State of Delaware Act in order to give effect pursuant to the limitation DRULPA, and upon the giving of such notice in the Certificate of Limited Partnership, the statutory provisions of Section 17-218 of the DRULPA relating to limitations on interliabilities between and among Series (and the statutory effect under Section 17-Series liabilities set 218 of setting forth such notice in this Section 3.6, (ithe Certificate of Limited Partnership) separate shall become applicable to the Partnership and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 1 contract
Samples: Limited Partnership Agreement (Federated Core Trust Ii)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.11
Appears in 1 contract
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, charges and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, ; (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series Series; and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 1 contract
Samples: Trust Agreement (FS Series Trust)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. Notice of this limitation on inter-Series and/or (iii) liabilities shall be set forth in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets certificate of any other Series and from the General Assets trust of the Trust not allocated to such Series(whether originally or by amendrnent).
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Vanguard Charlotte Funds)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges charges, and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “"liabilities held with respect to” " that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall be set forth in the Certificate of Trust (whether originally or by amendment) as filed or to be filed in an amendment thereto. To the extent required by Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the Certificate of Trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against any Series may look only to the assets held of that Series to satisfy or enforce any debt with respect to each that Series. No Shareholder or former Shareholder of any Series shall be held in such separate and distinct records (directly have a claim on or indirectly, including through a nominee any right to any assets allocated or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect belonging to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of or the Trust not allocated to such Seriesgenerally.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Dividend & Income Fund)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any , and any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders holders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation is set forth in the certificate of trust of the Trust as filed or to be filed in the Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon giving such notice in the certificate of trust, the statutory provisions of Section 3804 of the Delaware Act relating to limitations on inter-Series liabilities shall be set forth in (and the Certificate of Trust or in an amendment thereto. To the extent required by statutory effect under Section 3804(a) 3804 of the Delaware Act relating to such notice in order to give effect the certificate of trust) shall become applicable to the limitation on inter-Trust and each particular Series. Therefore, any persons who have extended credit to a particular Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each or which has been allocated to a particular Series, (ii) the assets held or who have a claim or contract with respect to each a particular Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not which has been allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect any particular Series, may only look to such Series separately from the assets of any other that particular Series and from the General Assets for payment of the Trust not allocated to such Seriescredit, claim, or contract.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Managed Portfolio Series)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held 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, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated (whether originally or by amendment) as filed or to such Series and/or (iii) be filed in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets Office of the Secretary of State of the State of Delaware pursuant to the DSTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DSTA relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) shall become applicable to the Trust not allocated to such and each Series.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Tamarack Funds Trust)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. Notice of this limitation on inter-Series and/or (iii) liabilities shall be set forth in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets certificate of any other Series and from the General Assets trust of the Trust not allocated to such Series.(whether originally or by amendment). 48160, v0.2 8
Appears in 1 contract
Samples: Amendment to Agreement and Declaration of Trust (Vanguard Money Market Reserves)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series Series, except that liabilities and expenses accounted solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class (collectively “General Liabilities”) shall be allocated and charged by the Board of Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “liabilities held with respect to” that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Persons who have extended credit which has been allocated to a particular Series or Class, or who have a claim or contract which has been allocated to any particular Series or Class, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series or Class for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated (whether originally or by amendment) as filed or to such Series and/or (iii) be filed in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets Office of the Secretary of State of the State of Delaware pursuant to the DSTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DSTA relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) shall become applicable to the Trust not allocated to such and each Series.
Appears in 1 contract
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” or “liabilities of” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.this
Appears in 1 contract
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. Notice of this limitation on inter-Series and/or (iii) liabilities shall be set forth in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets certificate of any other Series and from the General Assets trust of the Trust not allocated to such Series.(whether originally or by amendment). 107933
Appears in 1 contract
Samples: Amendment to Agreement and Declaration of Trust (Vanguard International Equity Index Funds)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series thereof shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-the liability of each Series liabilities shall be set forth in the Certificate of Trust or in an amendment theretothereto prior to the issuance of any Shares of a Series. To Notwithstanding any other provision in this Declaration of Trust to the extent required by contrary, any liability and/or expense against which any Covered Person is indemnified under Section 3804(a1 of Article XI of the By-Laws and any advancement of expenses that any Covered Person is entitled to be paid under Section 1(e) of Article XI of the Delaware Act in order to give effect to the limitation on interBy-Series liabilities set forth in this Section 3.6, (i) separate and distinct records Laws shall be maintained for deemed to be joint and several obligations of the Trust and each Series, (ii) and the assets held with respect to of the Trust and each Series shall be held subject to the claims of any Covered Person therefor under Article XI of the By-Laws; provided that any such liability, expense or obligation may be allocated and charged by the Trustees between or among the Trust and/or any one or more Series (and Classes) in such separate manner as the Trustees deem fair and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Seriesequitable.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Pgim Etf Trust)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. Notice of this limitation on inter-Series and/or (iii) liabilities shall be set forth in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets certificate of any other Series and from the General Assets trust of the Trust not allocated to such Series.(whether originally or by amendment). 107934, v0.3
Appears in 1 contract
Samples: Amended and Restated Agreement and Declaration of Trust (Vanguard Whitehall Funds)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.the
Appears in 1 contract
Samples: Amended and Restated Agreement and Declaration of Trust (Vanguard Scottsdale Funds)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that SeriesSeries only, and all liabilities held with respect to a particular Class shall be borne by that Class. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “liabilities held with respect to” that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-inter- Series liabilities shall be set forth in the Certificate of Trust or in an amendment theretothereto as filed or to be filed in the Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in the certificate of trust) shall become applicable to the Trust and each Series. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series Series, the assets held with respect to the Trust generally, and the General Assets of the Trust not yet allocated to one or more such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series, and the assets held with respect to the Trust generally.
Appears in 1 contract
Liabilities Held with Respect to a Particular Series. All The assets belonging to each Series shall be charged with the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities liabilities, expenses, costs, charges or reserves of the Trust that which are not readily identifiable as being held with respect belonging to any particular Series shall be allocated and charged by the Trustees to and between or among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each such allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All The liabilities, expenses, costs, charges and reserves allocated and so charged to a Series are herein referred to as “liabilities held with respect belonging to” that Series. Except as provided in the next two sentences or otherwise required or permitted by applicable law or any rule or order of the Commission, the liabilities belonging to such Series shall be allocated to each Class of a Series in the proportion that the assets belonging to such Class bear to the assets belonging to all Classes in the Series. To the extent permitted by rule or order of the Commission, the Trustees may allocate all or a portion of any liabilities belonging to a Series to a particular Series Class or Classes as the Trustees may from time to time determine is appropriate. In addition, all liabilities, expenses, costs, charges and reserves belonging to a Class shall be enforceable against the assets held with respect allocated to such Series only and not against the assets Class. Without limitation of the Trust generally or against the assets held with respect to any other Series andforegoing provisions of this Section, except as otherwise provided in this Declaration of Trust with respect but subject to the allocation right of General Assetsthe Trustees in their discretion to allocate general liabilities, none of expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets belonging to such Series only, and not against the assets of the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) trust of the Trust (whether originally or by amendment) as filed or to be filed in the Office of the Secretary of State of the State of Delaware Act in order to give effect pursuant to the limitation Delaware Act, and upon the giving of such notice in the certificate of trust, the statutory provisions of Section 3804 of the Act relating to limitations on inter-Series liabilities set (and the statutory effect under Section 3804 of setting forth such notice in this Section 3.6, (ithe certificate of trust) separate shall become applicable to the Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against the assets held Trust with respect to each a particular Series shall be held in such separate and distinct records (directly may satisfy or indirectlyenforce any debt, including through a nominee liability, obligation or otherwise) and accounted expense incurred, contracted for in such separate and distinct records separately from the assets held or otherwise existing with respect to all other that Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of that Series only. No Shareholder or former Shareholder of any Series shall have a claim on or any right to any assets allocated or belonging to any other Series. If, notwithstanding the provisions of this Section, any liability properly charged to a Series and or Class is paid from the General Assets assets of another Series or Class, the Series or Class from whose assets the liability was paid shall be reimbursed from the assets of the Trust not allocated Series or Class to which such Seriesliability belonged.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (ETF Series Solutions)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-the liability of each Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect thereto prior to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets issuance of any other Series and from the General Assets Shares of the Trust not allocated to such a Series.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Prudential Series Fund)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that SeriesSeries only. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series Series, the assets held with respect to the Trust generally, and the General Assets of the Trust not allocated to such Series and/or and or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series Series, the assets held with respect to the Trust generally, and from the General Assets of the Trust not allocated to such Series.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (American Beacon Institutional Funds Trust)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series (collectively, “General Liabilities”) shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, charges and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated (whether originally or by amendment) as filed or to such Series and/or (iii) be filed in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets Office of the Secretary of State of the State of Delaware pursuant to the DSTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DSTA relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) shall become applicable to the Trust not allocated to such and each Series.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (E-Valuator Funds Trust)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect relating to a particular Series and all expenses, costs, charges charges, and reserves attributable to that Series shall be charged against the assets held with respect to that SeriesSeries only, except that liabilities and expenses allocated solely to a particular Class shall be borne by that Class. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “liabilities held with respect to” that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series Series, and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment theretothereto as filed or to be filed in the Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in the certificate of trust) shall become applicable to the Trust and each Series. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.66, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series Series, the assets held with respect to the Trust generally, and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of held with respect to any other Series and from the General Assets of the Trust not allocated to such Series, and the assets held with respect to the Trust generally. Any person extending credit to, contracting with or having any claim against any Series may look only to the assets of that Series to satisfy or enforce any debt, with respect to that Series. No Shareholder or former Shareholder of any Series shall have a claim on or any right to any assets allocated or belonging to any Series, any other Series or the Trust generally, as applicable.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Eq Advisors Trust)
Liabilities Held with Respect to a Particular Series. All The assets of the ---------------------------------------------------- Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem deems fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders holders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-the liability of each Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect thereto prior to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets issuance of any other Series and from the General Assets Shares of the Trust not allocated to such a Series.
Appears in 1 contract
Samples: Trust Agreement (Merrill Lynch Inflation Protected Bond Fund)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged with the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges charges, and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “"liabilities held with respect to” " that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall may, in the Trustees' discretion, be set forth in the Certificate of Trust or and upon the giving of such notice in an amendment thereto. To the extent required by Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the certificate of trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against any Series may look only to the assets held of that Series to satisfy or enforce any debt, with respect to each that Series. No Shareholder or former Shareholder of any Series shall be held in such separate and distinct records (directly have a claim on or indirectly, including through a nominee any right to any assets allocated or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect belonging to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 1 contract
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Waycross Independent Trust Agreement and Declaration of Trust July 2020 Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated (whether originally or by amendment) as filed or to such Series and/or (iii) be filed in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets Office of the Secretary of State of the State of Delaware pursuant to the DSTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DSTA relating to limitations on liabilities between and among Series (and the statutory effect under Section 3804 of setting forth such notice in the Certificate of Trust) shall become applicable to the Trust not allocated to such and each Series.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Waycross Independent Trust)
Liabilities Held with Respect to a Particular Series. All liabilities of the Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.. Table of Contents
Appears in 1 contract
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the ----------------------------------------------------- Trust held with respect to a particular Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets liabilities, debts, obligations, costs, charges, reserves and expenses of the Trust incurred, contracted for or otherwise existing with respect to such Series. Such liabilities, debts, obligations, costs, charges, reserves and expenses incurred, contracted for or otherwise existing with respect to a particular Series are herein referred to as "liabilities held with respect to to" that Series. Any general liabilities liabilities, debts, obligations, costs, charges, reserves and expenses of the Trust that which are not readily identifiable as being liabilities held with respect to any particular Series (collectively "General Liabilities") shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expensesdebts, obligations, costs, charges charges, reserves and reserves expenses by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held Persons who have extended credit that has been allocated to a particular Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider shall be deemed nevertheless to have impliedly agreed to such limitation. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust or to be filed in an amendment thereto. To the extent required by Section 3804(a) Office of the Secretary of State of the State of Delaware Act in order to give effect pursuant to the limitation DBTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DBTA relating to limitations on inter-liabilities between and among Series liabilities set (and the statutory effect under Section 3804 of setting forth such notice in this Section 3.6, (ithe Certificate of Trust) separate shall become applicable to the Trust and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 1 contract
Samples: Declaration of Trust (Wallace Funds)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges charges, and reserves attributable to that Series Series, except that liabilities and expenses allocated solely to a particular Class shall be charged against the assets held with respect to borne by that SeriesClass. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series or Class shall be allocated and charged by the Trustees to and among any one or more of the Series or Classes in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series or Class are herein referred to as “"liabilities held with respect to” " that SeriesSeries or Class. Each allocation of liabilities, expenses, costs, charges charges, and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series or Classes for all purposes. All liabilities held Without limiting the foregoing, but subject to the right of the Trustees to allocate general liabilities, expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-liabilities among Series liabilities shall may, in the Trustees' discretion, be set forth in the Certificate of Trust (whether originally or by amendment) as filed or to be filed in an amendment thereto. To the extent required by Office of the Secretary of State of the State of Delaware pursuant to the Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804(a) 3804 of the Delaware Act relating to limitations on liabilities among Series (and the statutory effect under Section 3804 of setting forth such notice in order to give effect the Certificate of Trust) shall become applicable to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against any Series may look only to the assets held of that Series to satisfy or enforce any debt with respect to each that Series. No Shareholder or former Shareholder of any Series shall be held in such separate and distinct records (directly have a claim on or indirectly, including through a nominee any right to any assets allocated or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect belonging to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Dividend Capital Realty Income Allocation Fund)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. Notice of this limitation on inter-Series and/or (iii) liabilities shall be set forth in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets certificate of any other Series and from the General Assets trust of the Trust not allocated to such Series.(whether originally or by amendment). 108138, v0.3 10
Appears in 1 contract
Samples: Amendment to Agreement and Declaration of Trust (Vanguard Quantitative Funds)
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities , and any liabilities, expenses, costs, charges and reserves of the Trust that which are not readily identifiable as being held with respect to any particular Series (collectively “General Liabilities”) shall be allocated and charged by the Board of Trustees to and among any one or more of the Series in such manner and on such basis as the Board of Trustees in their its sole discretion deem deems fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Board of Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract that has been allocated to any particular Series, shall look, and shall be required by contract to look exclusively, to the assets of that particular Series for payment of such credit, claim, or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contract providers, each creditor, claimant and contract provider will be deemed nevertheless to have impliedly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the claimant relationship. Subject to the right of the Board of Trustees in its discretion to allocate General Liabilities as provided herein, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series, whether such Series is now authorized and existing pursuant to this Declaration of Trust or is hereafter authorized and existing pursuant to this Declaration of Trust, shall be enforceable against the assets held with respect to such that Series only only, and not against the assets of any other Series or the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General Assets, and none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of held with respect to such Series. Notice of this limitation on inter-liabilities between and among Series liabilities shall be set forth in the Certificate of Trust (whether originally or by amendment) as filed or to be filed in an amendment thereto. To the extent required by Section 3804(a) Office of the Secretary of State of the State of Delaware Act in order to give effect pursuant to the limitation DSTA, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the DSTA relating to limitations on inter-liabilities between and among Series liabilities set (and the statutory effect under Section 3804 of setting forth such notice in this Section 3.6, (ithe Certificate of Trust) separate shall become applicable to the Trust and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of any other Series and from the General Assets of the Trust not allocated to such Series.
Appears in 1 contract
Samples: Declaration of Trust (Niagara Income Opportunities Fund)
Liabilities Held with Respect to a Particular Series. All or Class). The assets belonging to each Series shall be charged with the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities liabilities, expenses, costs, charges or reserves of the Trust that are not readily identifiable as being held with respect belonging to any particular Series shall be allocated and charged by the Trustees to and between or among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each such allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All The liabilities, expenses, costs, charges and reserves allocated and so charged to a Series are herein referred to as “liabilities held with respect belonging to” that Series. Except as provided in the next two sentences or otherwise required or permitted by applicable law or any rule or order of the Commission, the liabilities belonging to such Series shall be allocated to each Class of a Series in the proportion that the assets belonging to such Class bear to the assets belonging to all Classes in the Series. To the extent permitted by rule or order of the Commission, the Trustees may allocate all or a portion of any liabilities belonging to a Series to a particular Series Class or Classes as the Trustees may from time to time determine is appropriate. In addition, all liabilities, expenses, costs, charges and reserves belonging to a Class shall be enforceable against the assets held with respect allocated to such Series only and not against the assets Class. Without limitation of the Trust generally or against the assets held with respect to any other Series andforegoing provisions of this Section, except as otherwise provided in this Declaration of Trust with respect but subject to the allocation right of General Assetsthe Trustees in their discretion to allocate general liabilities, none of expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets belonging to such Series only, and not against the assets of the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Trust (whether originally or by amendment) as filed or to be filed in the Office of the Secretary of State of the State of Delaware Act in order to give effect pursuant to the limitation Delaware Act, and upon the giving of such notice in the Certificate of Trust, the statutory provisions of Section 3804 of the Act relating to limitations on inter-Series liabilities set (and the statutory effect under Section 3804 of setting forth such notice in this Section 3.6, (ithe certificate of trust) separate shall become applicable to the Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against the assets held Trust with respect to each a particular Series shall be held in such separate and distinct records (directly may satisfy or indirectlyenforce any debt, including through a nominee liability, obligation or otherwise) and accounted expense incurred, contracted for in such separate and distinct records separately from the assets held or otherwise existing with respect to all other that Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of that Series only. No Shareholder or former Shareholder of any Series shall have a claim on or any right to any assets allocated or belonging to any other Series. If, notwithstanding the provisions of this Section, any liability properly charged to a Series and or Class is paid from the General Assets assets of another Series or Class, the Series or Class from whose assets the liability was paid shall be reimbursed from the assets of the Trust not allocated Series or Class to which such Seriesliability belonged.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Broadview Funds Trust)
Liabilities Held with Respect to a Particular Series. All liabilities The assets of the Trust held with respect to a particular each Series shall be charged with the liabilities of the Trust with respect to such Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that such Series. Any , and any general liabilities of the Trust that are not readily identifiable as being held with in respect to any particular of a Series shall be allocated and charged by the Trustees to and among the Trust and/or any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All The liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposespurposes in absence of manifest error. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To As and to the extent required by provided in Section 3804(a) of the Delaware Act in order to give effect to the limitation on inter-Series liabilities set forth in this Section 3.6Act, (i) separate and distinct records shall be maintained for each Series, (ii) Series and the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series. Notice of this limitation on inter-Series and/or (iii) liabilities shall be set forth in the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets certificate of any other Series and from the General Assets trust of the Trust not allocated to such Series.(whether originally or by amendment). 107935, v0.3 12 107935, v0.3 13
Appears in 1 contract
Liabilities Held with Respect to a Particular Series. All (or Class). The assets belonging to each Series shall be charged with the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities liabilities, expenses, costs, charges or reserves of the Trust that are not readily identifiable as being held with respect belonging to any particular Series shall be allocated and charged by the Trustees to and between or among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “liabilities held with respect to” that Series. Each such allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All The liabilities, expenses, costs, charges and reserves allocated and so charged to a Series are herein referred to as “liabilities held with respect belonging to” that Series. Except as provided in the next two sentences or otherwise required or permitted by applicable law or any rule or order of the Commission, the liabilities belonging to such Series shall be allocated to each Class of a Series in the proportion that the assets belonging to such Class bear to the assets belonging to all Classes in the Series. To the extent permitted by rule or order of the Commission, the Trustees may allocate all or a portion of any liabilities belonging to a Series to a particular Series Class or Classes as the Trustees may from time to time determine is appropriate. In addition, all liabilities, expenses, costs, charges and reserves belonging to a Class shall be enforceable against the assets held with respect allocated to such Series only and not against the assets Class. Without limitation of the Trust generally or against the assets held with respect to any other Series andforegoing provisions of this Section, except as otherwise provided in this Declaration of Trust with respect but subject to the allocation right of General Assetsthe Trustees in their discretion to allocate general liabilities, none of expenses, costs, charges or reserves as herein provided, the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series shall be enforceable against the assets belonging to such Series only, and not against the assets of the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this limitation on inter-Series liabilities shall be set forth in the Certificate certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) trust of the Trust (whether originally or by amendment) as filed or to be filed in the Office of the Secretary of State of the State of Delaware Act in order to give effect pursuant to the limitation Delaware Act, and upon the giving of such notice in the certificate of trust, the statutory provisions of Section 3804 of the Act relating to limitations on inter-Series liabilities set (and the statutory effect under Section 3804 of setting forth such notice in this Section 3.6, (ithe certificate of trust) separate shall become applicable to the Trust and distinct records shall be maintained for each Series. Any person extending credit to, (ii) contracting with or having any claim against the assets held Trust with respect to each a particular Series shall be held in such separate and distinct records (directly may satisfy or indirectlyenforce any debt, including through a nominee liability, obligation or otherwise) and accounted expense incurred, contracted for in such separate and distinct records separately from the assets held or otherwise existing with respect to all other that Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets of that Series only. No Shareholder or former Shareholder of any Series shall have a claim on or any right to any assets allocated or belonging to any other Series. If, notwithstanding the provisions of this Section, any liability properly charged to a Series and or Class is paid from the General Assets assets of another Series or Class, the Series or Class from whose assets the liability was paid shall be reimbursed from the assets of the Trust not allocated Series or Class to which such Seriesliability belonged.
Appears in 1 contract
Liabilities Held with Respect to a Particular Series. All The assets of the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-the liability of each Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect thereto prior to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets issuance of any other Series and from the General Assets Shares of the Trust not allocated to such a Series.
Appears in 1 contract
Samples: Restated Agreement and Declaration of Trust (Jennison 20/20 Focus Fund)
Liabilities Held with Respect to a Particular Series. All The assets of ---------------------------------------------------- the Trust held with respect to each particular Series shall be charged against the liabilities of the Trust held with respect to a particular that Series and all expenses, costs, charges and reserves attributable to that Series shall be charged against the assets held with respect to that Series. Any general liabilities of the Trust that which are not readily identifiable as being held with respect to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such manner and on such basis as the Trustees in their sole discretion deem deems fair and equitable. All liabilities, expenses, costs, charges, and reserves so charged to a Series are herein referred to as “"liabilities held with respect to” " that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Shareholders holders of all Series for all purposes. All liabilities held with respect to a particular Series shall be enforceable against the assets held with respect to such Series only and not against the assets of the Trust generally or against the assets held with respect to any other Series and, except as otherwise provided in this Declaration of Trust with respect to the allocation of General AssetsTrust, none of the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to the Trust generally or any other Series thereof shall be enforceable against the assets of such Series. Notice of this contractual limitation on inter-the liability of each Series liabilities shall be set forth in the Certificate of Trust or in an amendment thereto. To the extent required by Section 3804(a) of the Delaware Act in order to give effect thereto prior to the limitation on inter-Series liabilities set forth in this Section 3.6, (i) separate and distinct records shall be maintained for each Series, (ii) the assets held with respect to each Series shall be held in such separate and distinct records (directly or indirectly, including through a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets held with respect to all other Series and the General Assets of the Trust not allocated to such Series and/or (iii) the records maintained for each Series shall account for the assets held with respect to such Series separately from the assets issuance of any other Series and from the General Assets Shares of the Trust not allocated to such a Series.
Appears in 1 contract