Common use of Limitation of Fund’s Liability Clause in Contracts

Limitation of Fund’s Liability. The Term "The Upright Growth Funds" means and refers to the Fund from time to time serving under the Fund's Declaration of Trust as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the Trustees, Shareholders, nominees, officers, agents or employees of the Fund, personally, but bind only the trust property of the Fund, as provided in the Declaration of Trust of the Upright Investments Trust. The execution and delivery of this Agreement have been authorized by the Trustees and Shareholders of the Fund and signed by the officers of the Fund, acting as such, and neither such authorization by such Trustees and Shareholders nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration of Trust. A copy of the Agreement and Declaration of Trust of the Fund is on file with the SEC.

Appears in 2 contracts

Samples: Underwriting Agreement (Upright Investments Trust), Underwriting Agreement (Upright Investments Trust)

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Limitation of Fund’s Liability. The Term "The Upright Growth Funds" means and refers to the Fund trustees and officers from time to time serving under the Fund's Declaration of Trust and by-laws as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the Trustees, Shareholders, nominees, officers, agents or employees of the Fund, Fund personally, but bind only the trust property of the Fund, as provided in the Fund's Declaration of Trust of the Upright Investments Trustand by-laws. The execution and delivery of this Agreement have been authorized by the Trustees and Shareholders of the Fund and signed by the officers of the Fund, acting as such, and neither such authorization by such Trustees and Shareholders Trustees, nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration of Trust. A copy of the Agreement and Declaration of Trust of the Fund is on file with the SEC.

Appears in 2 contracts

Samples: Underwriting Agreement (Homestate Group), Underwriting Agreement (Homestate Group)

Limitation of Fund’s Liability. The Term "The Upright Growth FundsCRA Fund" means and refers to the Fund Trustees and officers from time to time serving under the Fund's Agreement and Declaration of Trust as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the Trustees, Shareholders, nominees, officers, agents or employees of the Fund, Fund personally, but bind only the trust property of the Fund, as provided in the Fund's Agreement and Declaration of Trust of the Upright Investments Trustand by-laws. The execution and delivery of this Agreement have been authorized by the Trustees and Shareholders of the Fund and signed by the officers of the Fund, acting as such, and neither such authorization by such Trustees and Shareholders Trustees, nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration of Trust. A copy of the Agreement and Declaration of Trust of the Fund is on file with the SECTrust.

Appears in 2 contracts

Samples: Underwriting Agreement (Community Reinvestment Act Qualified Investment Fund), Underwriting Agreement (Community Reinvestment Act Qualified Investment Fund)

Limitation of Fund’s Liability. The Term "The Upright Growth Henssler Funds" means and refers to the Fund Directors and officers from time to time serving under the Fund's Declaration Articles of Trust Incorporation and by-laws as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the TrusteesDirectors, Shareholders, nominees, officers, agents or employees of the Fund, Fund personally, but bind only the trust property of the Fund, as provided in the Fund's Declaration of Trust of the Upright Investments Trustand by-laws. The execution and delivery of this Agreement have been authorized by the Trustees and Shareholders Directors of the Fund and signed by the officers of the Fund, acting as such, and neither such authorization by such Trustees and Shareholders Directors, nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration of Trust. A copy of the Agreement and Declaration Articles of Trust Incorporation of the Fund is on file with the SECSecretary of State of Maryland.

Appears in 2 contracts

Samples: Underwriting Agreement (Henssler Funds Inc), Underwriting Agreement (Noah Investment Group Inc)

Limitation of Fund’s Liability. The Term "The Upright Growth Quaker Funds" means and refers to the Fund directors and officers from time to time serving under the Fund's Declaration Articles of Trust Incorporation as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the TrusteesDirectors, Shareholders, nominees, officers, agents or employees of the Fund, Fund personally, but bind only the trust property of the Fund, as provided in the Declaration Fund's Articles of Trust of the Upright Investments TrustIncorporation. The execution and delivery of this Agreement have been authorized by the Trustees Directors and Shareholders of the Fund and signed by the officers of the FundFund and Adviser, acting as such, and neither such authorization by such Trustees Directors and Shareholders Shareholders, nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration Articles of TrustIncorporation. A copy of the Agreement and Declaration Articles of Trust Incorporation of the Fund is on file with the SECSecretary of State of Maryland.

Appears in 2 contracts

Samples: Underwriting Agreement (Quaker Investment Trust), Distribution Agreement (Quaker Investment Trust)

Limitation of Fund’s Liability. The Term "The Upright Growth Quaker Funds" means and refers to the Fund directors and officers from time to time serving under the Fund's Amended and Restated Declaration of Trust as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the TrusteesDirectors, Shareholders, nominees, officers, agents or employees of the Fund, Fund personally, but bind only the trust property of the Fund, as provided in the Declaration Fund's Articles of Trust of the Upright Investments TrustIncorporation. The execution and delivery of this Agreement have been authorized by the Trustees Directors and Shareholders of the Fund and signed by the officers of the FundFund and Adviser, acting as such, and neither such authorization by such Trustees Directors and Shareholders Shareholders, nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration Articles of TrustIncorporation. A copy of the Agreement and Declaration Articles of Trust Incorporation of the Fund is on file with the SECSecretary of State of Maryland.

Appears in 1 contract

Samples: Distribution Agreement (Quaker Investment Trust)

Limitation of Fund’s Liability. The Term "The Upright Growth FundsCovered Persons" means and refers to the Fund directors and officers from time to time serving under the Fund's Declaration Articles of Trust Incorporation as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the TrusteesDirectors, Shareholders, nominees, officers, agents or employees of the Fund, Fund personally, but bind only the trust property of the Fund, as provided in the Declaration Fund's Articles of Trust of the Upright Investments TrustIncorporation. The execution and delivery of this Agreement have been authorized by the Trustees Directors and Shareholders of the Fund and signed by the officers of the FundFund and Adviser, acting as such, and neither such authorization by such Trustees Directors and Shareholders Shareholders, nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration Articles of TrustIncorporation. A copy of the Agreement and Declaration Articles of Trust Incorporation of the Fund is on file with the SECSecretary of State of Maryland.

Appears in 1 contract

Samples: Distribution Agreement (Penn Street Fund Inc)

Limitation of Fund’s Liability. The Term "The Upright Growth Noah Funds" means and refers to the Fund directors and officers from time to time serving under the Fund's Declaration Articles of Trust Incorporation as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the TrusteesDirectors, Shareholders, nominees, officers, agents or employees of the Fund, Fund personally, but bind only the trust property of the Fund, as provided in the Declaration Fund's Articles of Trust of the Upright Investments TrustIncorporation. The execution and delivery of this Agreement have been authorized by the Trustees Directors and Shareholders of the Fund and signed by the officers of the FundFund and Adviser, acting as such, and neither such authorization by such Trustees Directors and Shareholders Shareholders, nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration Articles of TrustIncorporation. A copy of the Agreement and Declaration Articles of Trust Incorporation of the Fund is on file with the SECSecretary of State of Maryland.

Appears in 1 contract

Samples: Underwriting Agreement (Noah Investment Group Inc)

Limitation of Fund’s Liability. The Term "The Upright Growth BRASS Funds" means and refers to the Fund directors and officers from time to time serving under the Fund's Declaration Articles of Trust Incorporation as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the TrusteesDirectors, Shareholders, nominees, officers, agents or employees of the Fund, Fund personally, but bind only the trust property of the Fund, as provided in the Declaration Fund's Articles of Trust of the Upright Investments TrustIncorporation. The execution and delivery of this Agreement have been authorized by the Trustees Directors and Shareholders of the Fund and signed by the officers of the FundFund and Adviser, acting as such, and neither such authorization by such Trustees Directors and Shareholders Shareholders, nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration Articles of TrustIncorporation. A copy of the Agreement and Declaration Articles of Trust Incorporation of the Fund is on file with the SECSecretary of State of Maryland.

Appears in 1 contract

Samples: Underwriting Agreement (Brass Funds Inc)

Limitation of Fund’s Liability. The Term term "The Upright Growth FundsCovered Persons" means and refers to the Fund Trustees and officers from time to time serving under the Fund's Declaration of Trust as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the TrusteesCovered Persons, Shareholders, nominees, officers, agents or employees of the Fund, Fund personally, but bind only the trust property of the Fund, as provided in the Fund's Declaration of Trust of the Upright Investments Trustand by-laws. The execution and delivery of this Agreement have been authorized by the Trustees and Shareholders of the Fund and signed by the officers of the Fund, acting as such, and neither such authorization by such Trustees and Shareholders Trustees, nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration of Trust. A copy of the Agreement and Declaration of Trust of the Fund is on file with the SEC.

Appears in 1 contract

Samples: Underwriting Agreement (Agilex Funds)

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Limitation of Fund’s Liability. The Term "The Upright Growth Fairholme Funds" means and refers to the Fund directors and officers from time to time serving under the Fund's Declaration Articles of Trust Incorporation as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the TrusteesDirectors, Shareholders, nominees, officers, agents or employees of the Fund, Fund personally, but bind only the trust property of the Fund, as provided in the Declaration Fund's Articles of Trust of the Upright Investments TrustIncorporation. The execution and delivery of this Agreement have been authorized by the Trustees Directors and Shareholders of the Fund and signed by the officers of the FundFund and Adviser, acting as such, and neither such authorization by such Trustees Directors and Shareholders Shareholders, nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration Articles of TrustIncorporation. A copy of the Agreement and Declaration Articles of Trust Incorporation of the Fund is on file with the SECSecretary of State of Maryland.

Appears in 1 contract

Samples: Underwriting Agreement (Fairholme Funds Inc)

Limitation of Fund’s Liability. The Term "The Upright Growth Gemini Funds" means and refers to the Fund directors and officers from time to time serving under the Fund's Declaration Articles of Trust Incorporation as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the TrusteesDirectors, Shareholders, nominees, officers, agents or employees of the Fund, Fund personally, but bind only the trust property of the Fund, as provided in the Declaration Fund's Articles of Trust of the Upright Investments TrustIncorporation. The execution and delivery of this Agreement have been authorized by the Trustees Directors and Shareholders of the Fund and signed by the officers of the FundFund and Adviser, acting as such, and neither such authorization by such Trustees Directors and Shareholders Shareholders, nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration Articles of TrustIncorporation. A copy of the Agreement and Declaration Articles of Trust Incorporation of the Fund is on file with the SECSecretary of State of Maryland.

Appears in 1 contract

Samples: Underwriting Agreement (Gemini Funds Inc)

Limitation of Fund’s Liability. The Term "The Upright Growth Penn Street Funds" means and refers to the Fund directors and officers from time to time serving under the Fund's Declaration Articles of Trust Incorporation as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the TrusteesDirectors, Shareholders, nominees, officers, agents or employees of the Fund, Fund personally, but bind only the trust property of the Fund, as provided in the Declaration Fund's Articles of Trust of the Upright Investments TrustIncorporation. The execution and delivery of this Agreement have been authorized by the Trustees Directors and Shareholders of the Fund and signed by the officers of the FundFund and Adviser, acting as such, and neither such authorization by such Trustees Directors and Shareholders Shareholders, nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration Articles of TrustIncorporation. A copy of the Agreement and Declaration Articles of Trust Incorporation of the Fund is on file with the SECSecretary of State of Maryland.

Appears in 1 contract

Samples: Distribution Agreement (Penn Street Fund Inc)

Limitation of Fund’s Liability. The Term "The Upright Growth Electric City Funds" means and refers to the Fund directors and officers from time to time serving under the Fund's Declaration Articles of Trust Incorporation as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the TrusteesDirectors, Shareholders, nominees, officers, agents or employees of the Fund, Fund personally, but bind only the trust property of the Fund, as provided in the Declaration Fund's Articles of Trust of the Upright Investments TrustIncorporation. The execution and delivery of this Agreement have been authorized by the Trustees Directors and Shareholders of the Fund and signed by the officers of the FundFund and Adviser, acting as such, and neither such authorization by such Trustees Directors and Shareholders Shareholders, nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration Articles of TrustIncorporation. A copy of the Agreement and Declaration Articles of Trust Incorporation of the Fund is on file with the SECSecretary of State of Maryland.

Appears in 1 contract

Samples: Underwriting Agreement (Electric City Funds Inc)

Limitation of Fund’s Liability. The Term "The Upright Growth AGILEX Funds" means and refers to the Fund Directors and officers from time to time serving under the Fund's Declaration Articles of Trust Incorporation and by-laws as the same may subsequently thereto have been, or subsequently hereto be, amended. It is expressly agreed that the obligations of the Fund hereunder shall not be binding upon any of the TrusteesDirectors, Shareholders, nominees, officers, agents or employees of the Fund, Fund personally, but bind only the trust property of the Fund, as provided in the Fund's Declaration of Trust of the Upright Investments Trustand by-laws. The execution and delivery of this Agreement have been authorized by the Trustees and Shareholders Directors of the Fund and signed by the officers of the Fund, acting as such, and neither such authorization by such Trustees and Shareholders Directors, nor such execution and delivery by such officers shall be deemed to have been made by any of them individually or to impose any liability on them personally, but shall bind only the trust property of the Fund as provided in its Declaration of Trust. A copy of the Agreement and Declaration Articles of Trust Incorporation of the Fund is on file with the SECSecretary of State of Maryland.

Appears in 1 contract

Samples: Underwriting Agreement (Agilex Funds)

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