Members, Etc. Not Personally Liable; Notice. Further to the limitations of liability provided for in Articles II and III, all Persons extending credit to, contracting with or having any claim against the Fund or a particular Series shall look only to the assets of the Fund or the assets of that particular Series for payment under such credit, contract or claim; and neither the holder of Shares in the Fund or any Series nor the Board, nor any of the Fund’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Operating Agreement shall protect any Manager against any liability to which such Manager would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Board. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Fund, the Board or by any officers or officer shall recite that the same was executed or made by or on behalf of the Fund or by them as the Board or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the holders of Fund interests individually but are binding only upon the assets and property of the Fund, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any member of the Board or officers or officer or holder or holders of Fund interests individually.
Appears in 5 contracts
Samples: Operating Agreement (JNL Variable Fund LLC), Operating Agreement (JNL Strategic Income Fund LLC), Operating Agreement (JNL Variable Fund LLC)
Members, Etc. Not Personally Liable; Notice. Further to the limitations of liability provided for in Articles II and III, all Persons extending credit to, contracting with or having any claim against the Fund or a particular Series shall look only to the assets of the Fund or the assets of that particular Series for payment under such credit, contract or claim; and neither the holder of Shares in the Fund or any Series nor the Board, nor any of the Fund’s 's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Operating Agreement shall protect any Manager against any liability to which such Manager would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Board. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Fund, the Board or by any officers or officer shall recite that the same was executed or made by or on behalf of the Fund or by them as the Board or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the holders of Fund interests individually but are binding only upon the assets and property of the Fund, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any member of the Board or officers or officer or holder or holders of Fund interests individually.
Appears in 2 contracts
Samples: Operating Agreement (JNL Variable Fund LLC), Operating Agreement (JNL Variable Fund LLC)
Members, Etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. Further to the limitations of liability provided for in Articles II and III, all Persons All persons extending credit to, contracting with or having any claim against the Fund or a particular Series series shall look only to the assets of the Fund or the assets of that particular Series series for payment under such credit, contract or claim; and neither the holder of Shares in Fund interests nor the Fund or any Series nor members of the Board, nor any of the Fund’s 's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Operating Agreement shall protect any Manager members of the Board against any liability to which such Manager members of the Board would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of member of the Board. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Fund, members of the Board or by any officers or officer shall recite that the same was executed or made by or on behalf of the Fund or by them as a member of the Board or members of the Board or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the holders of Fund interests individually but are binding only upon the assets and property of the Fund, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any members of the Board or member of the Board or officers or officer or holder or holders of Fund interests individually.
Appears in 1 contract
Members, Etc. Not Personally Liable; Notice. Further to the limitations of liability provided for in Articles II and III, all Persons persons extending credit to, contracting with or having any claim against the Fund or a particular Series series shall look only to the assets of the Fund or the assets of that particular Series series for payment under such credit, contract or claim; and neither the holder of Shares in the Fund or any Series interests nor the Board, nor any of the Fund’s 's officers, employees or agents, whether past, present or future, shall be personally liable therefortherefore. Nothing in this Operating Agreement shall protect any Manager Board member against any liability to which such Manager Board member would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Board. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Fund, the Board or by any officers or officer shall recite that the same was executed or made by or on behalf of the Fund or by them as the Board or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the holders of Fund interests individually but are binding only upon the assets and property of the Fund, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any member of the Board or officers or officer or holder or holders of Fund interests individually.
Appears in 1 contract
Samples: Operating Agreement (JNL Strategic Income Fund LLC)
Members, Etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. Further to the limitations of liability provided for in Articles II and III, all Persons persons extending credit to, contracting with or having any claim against the Fund or a particular Series series shall look only to the assets of the Fund or the assets of that particular Series series for payment under such credit, contract or claim; and neither the holder of Shares in the Fund or any Series interests nor the Board, nor any of the Fund’s 's officers, employees or agents, whether past, present or future, shall be personally liable therefortherefore. Nothing in this Operating Agreement shall protect any Manager Board member against any liability to which such Manager Board member would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Board. Every note, bond, contract, instrument, certificate or undertaking made or issued by the Fund, the Board or by any officers or officer shall recite that the same was executed or made by or on behalf of the Fund or by them as the Board or as officers or officer and not individually and that the obligations of such instrument are not binding upon any of them or the holders of Fund interests individually but are binding only upon the assets and property of the Fund, and may contain such further recital as he or she or they may deem appropriate, but the omission thereof shall not operate to bind any member of the Board or officers or officer or holder or holders of Fund interests individually.
Appears in 1 contract
Samples: Operating Agreement (JNL Strategic Income Fund LLC)