Common use of Liability of AMT Clause in Contracts

Liability of AMT. The Declaration of Trust of AMT is on file with the Secretary of the Commonwealth of Massachusetts. MainStay Funds understands and agrees that the obligations of AMT on behalf of the Acquired Fund under this Agreement shall not be binding upon any trustee, shareholder, nominee, officer, agent or employee of AMT on behalf of AMT personally, but shall bind only AMT on behalf of the Acquired Fund and the Acquired Fund’s property. Moreover, no series of AMT other than the Acquired Fund shall be responsible for the obligations of AMT hereunder, and all persons shall look only to the assets of the Acquired Fund to satisfy the obligations of the Acquired Fund hereunder. MainStay Funds represents that it is on notice of the provisions of the Declaration of Trust of AMT disclaiming shareholder and trustee liability for acts or obligations of the Acquired Fund. This Agreement has been signed and delivered on behalf of AMT, on behalf of the Acquired Fund, by an authorized officer of AMT, and such execution and delivery by such officer shall not be deemed to have been made by such officer individually or to impose any liability on such officer, the trustees or the shareholders personally, but shall bind only the Acquired Fund as provided in AMT’s Declaration of Trust.