Common use of Liabilities Held with Respect to a Particular Series Clause in Contracts

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to 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 such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series 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 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 holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 129 contracts

Samples: Agreement and Declaration of Trust (Ubs Funds), Agreement and Declaration of Trust (Ubs Funds), Agreement and Declaration of Trust (Ubs Funds)

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Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to 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 such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series 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 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 holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 19 contracts

Samples: Trust Agreement (Horizon Funds), Trust Agreement (Hays Series Trust), Agreement and Declaration of Trust (Ubs Funds)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a 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. 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 holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such 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 contracting partiescontract providers, each creditor, claimant and contracting party shall 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 contractual claimant relationship.

Appears in 18 contracts

Samples: Agreement and Declaration of Trust (Sa Funds Investment Trust), Agreement and Declaration of Trust (Adjustable Rate Securities Portfolios), Trust Agreement (RWB Funds Investment Trust)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a 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. 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 holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look exclusively to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 4 contracts

Samples: Declaration of Trust (Advisors Series Trust), Agreement and Declaration of Trust (Amivest NFB Funds Trust), Trust Agreement (Amivest NFB Funds Trust)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a 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. 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 holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look look, and shall be required by contract to look, exclusively to the assets held with respect to such 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 contracting partiescontract providers, each creditor, claimant and contracting party shall 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 contractual claimant relationship.

Appears in 4 contracts

Samples: Trust Agreement (Laudus Institutional Trust), Trust Agreement (Westlakes Institutional Portfolios), Trust Agreement (Friends Ivory & Sime Funds)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a 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. 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 holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and may be required by contract to look exclusively exclusively, to the assets held with respect to such 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 contracting partiescontract providers, each creditor, claimant and contracting party shall contract provider will be deemed nevertheless to have implicitly agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual claimant relationship.

Appears in 3 contracts

Samples: Trust Agreement (Merger Fund Vl), Trust Agreement (Blue & White Funds Trust), Agreement and Declaration of Trust (Optimum Q Funds)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a 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. 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 holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look exclusively to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Brandes Investment Trust), Agreement and Declaration of Trust (Advisors Series Trust)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to 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 such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series in such manner and on such basis as the Trustees Trustees, in their sole discretion discretion, deem fair and equitable. 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 holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 2 contracts

Samples: Trust Agreement (Connors Funds), Trust Agreement (Axonic Funds)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to 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 such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series series 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 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 holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 2 contracts

Samples: Restated Agreement and Declaration of Trust (Kalmar Pooled Investment Trust), Amended Agreement and Declaration of Trust (Kalmar Pooled Investment Trust)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees Directors to and among any one or more of the Series in such manner and on such basis as the Trustees Directors in their sole discretion deem fair and equitable. 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 Directors shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such 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 contracting partiescontract providers, each creditor, claimant and contracting party shall 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 contractual claimant relationship.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Vantagepoint Funds)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees Directors to and among any one or more of the Series in such manner and on such basis as the Trustees Directors in their sole discretion deem fair and equitable. 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 Directors shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look look, and shall be required by contract to look, exclusively to the assets held with respect to such 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 contracting partiescontract providers, each creditor, claimant and contracting party shall 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 contractual claimant relationship.

Appears in 1 contract

Samples: Trust Agreement (Commonfund Institutional Funds)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a 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. 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 holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look look, and shall be required by contract to look, exclusively to the assets held with respect to such 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 contracting partiescontract providers, each creditor, claimant and contracting party shall 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 contractual claimant relationship.

Appears in 1 contract

Samples: Trust Agreement (PARADIGM Funds Trust)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a 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. The liabilities, expenses, costs, charges, and reserves so charged to a Series 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 holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look exclusively to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract, and not against the assets of the Trust generally or against the assets held with respect to any other Series. In Notice of this contractual limitation on the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, liability of' each creditor, claimant and contracting party Series shall be deemed nevertheless to have agreed to such limitation unless set forth in the Certificate of Trust or in an express provision amendment thereto prior to the contrary has been incorporated in the written contract or other document establishing the contractual relationshipissuance of any Shares of a Series.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Montgomery Funds Iii)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a 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. 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 holders of all a11 Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such 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 contracting partiescontract providers, each creditor, claimant and contracting party shall 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 contractual claimant relationship.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Money Market Portfolios)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a 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. 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 holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such of that particular Series for payment of such credit, claim, claim or contract. In the absence of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall 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 contractual claimant relationship.

Appears in 1 contract

Samples: Trust Agreement (Gabelli Money Market Funds)

Liabilities Held with Respect to a Particular Series. The assets of the --------------------------------------------------------- Trust held with respect to 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 such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series 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 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 holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Vanguard Asset Allocation Fund Inc)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a 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. 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 holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such 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 contracting partiescontract providers, each creditor, claimant and contracting party shall 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 contractual writtee claimant relationship.

Appears in 1 contract

Samples: Trust Agreement (Allegiance Investment Trust)

Liabilities Held with Respect to a Particular Series. The assets ---------------------------------------------------- of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a 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. 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 holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such 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 contracting partiescontract providers, each creditor, claimant and contracting party shall 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 contractual claimant relationship.

Appears in 1 contract

Samples: Trust Agreement (Hirtle Callaghan Trust)

Liabilities Held with Respect to a Particular Series. 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 each Series shall be charged with the liabilities of the Trust with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a 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. 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 holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look exclusively to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Declaration of Trust (Brandes International Fund)

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Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to 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 such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series 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 are herein referred to as "liabilities held with respect to" to that Series. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Ubs Funds)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to 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 such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series 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 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 holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contractContract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each such creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Risa Investment Trust)

Liabilities Held with Respect to a Particular Series. The assets ---------------------------------------------------- of the Trust held with respect to 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 such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series 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 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 holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (First Mutual Funds)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a 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. 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 holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence absense of an express contractual agreement so limiting the claims of such creditors, claimants and contracting partiescontract providers, each creditor, claimant and contracting party shall 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 contractual claimant relationship.

Appears in 1 contract

Samples: Trust Agreement (Franklin International Trust)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or San Francisco\16900 more of the Series 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 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 holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such 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 contracting partiescontract providers, each creditor, claimant and contracting party shall 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 contractual claimant relationship.

Appears in 1 contract

Samples: Trust Agreement (U S Global Leaders Variable Insurance Trust)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a 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. 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 holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look exclusively to the assets held with respect to such of that particular Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Trust Agreement (Lsa Variable Series Trust)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to 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 such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series 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 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 holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Trust Agreement (Olden Lane Funds Trust)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a 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. 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 holders Shareholders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such 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 contracting partiescontract providers, each creditor, claimant and contracting party shall 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 contractual claimant relationship.

Appears in 1 contract

Samples: Trust Agreement (Delaware Group Foundation Funds)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to 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 such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series 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 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 holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant claimant, and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Exchange Listed Funds Trust)

Liabilities Held with Respect to a Particular Series. The assets of ---------------------------------------------------- the Trust held with respect to 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 such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series 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 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 holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Brazos Mutual Funds)

Liabilities Held with Respect to a Particular Series. The assets of the ----------------------------------------------------- Trust held with respect to 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 such Series, and any general liabilities of the Trust which are not readily identifiable as being held in respect of a Series shall be allocated and charged by the Trustees to and among any one or more Series 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 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 holders of all Series for all purposes in absence of manifest error. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a Series, shall look exclusively to the assets held with respect to such Series for payment of such credit, claim, or contract. In the absence of an express agreement so limiting the claims of such creditors, claimants and contracting parties, each creditor, claimant and contracting party shall be deemed nevertheless to have agreed to such limitation unless an express provision to the contrary has been incorporated in the written contract or other document establishing the contractual relationship.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Vanguard Fixed Income Securities Fund Inc)

Liabilities Held with Respect to a Particular Series. The assets of the Trust held with respect to each particular Series shall be charged with against the liabilities of the Trust held with respect to such that Series and all expenses, costs, charges and reserves attributable to such that Series, and any general liabilities of the Trust which are not readily identifiable as being held in with respect of a to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series in such a manner and on such a basis as the Trustees in their sole discretion deem fair and equitable. 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 holders of all Series for all purposes in absence of manifest errorpurposes. All Persons who have extended credit which has been allocated to a particular Series, or who have a claim or contract which has been allocated to a any particular Series, shall look, and shall be required by contract to look exclusively exclusively, to the assets held with respect to such 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 contracting partiescontract providers, each creditor, claimant and contracting party shall 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 contractual claimant relationship.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Tip Institutional Funds)

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