Common use of No Duty of Investigation; Notice in Trust Instruments, Etc Clause in Contracts

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 83 contracts

Samples: Agreement and Declaration of Trust (Pioneer Municipal High Income Advantage Trust), Agreement and Declaration of Trust (Pioneer High Income Trust), Agreement and Declaration of Trust (Pioneer Municipal High Income Trust)

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No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 43 contracts

Samples: Agreement and Declaration (Calamos Long/Short Equity & Dynamic Income Trust), Agreement and Declaration (Calamos Global Dynamic Income Fund), Agreement and Declaration (Calamos Dynamic Convertible & Income Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent Transfer Agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 12 contracts

Samples: Agreement and Declaration (John Hancock Multi Asset Credit Fund), Form of Agreement (Manulife Private Credit Plus Fund), Agreement and Declaration (John Hancock Asset-Based Lending Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property Property, or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 10 contracts

Samples: Agreement and Declaration of Trust (John Hancock Funds II), Agreement and Declaration of Trust (John Hancock Funds II), Amended and Restated Agreement and Declaration of Trust (John Hancock Exchange-Traded Fund Trust)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 7 contracts

Samples: Agreement and Declaration of Trust (Calamos Global Convertible & Dynamic Income Trust), Agreement and Declaration (Calamos Global Total Return Fund), Agreement and Declaration (Calamos Global Dynamic Income Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration Trust Instrument or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declarationthis Trust Instrument, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 6 contracts

Samples: Agreement and Declaration (TCW ETF Trust), Agreement and Declaration (BlackRock ETF Trust II), Agreement and Declaration (BlackRock ETF Trust)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.. 12966669/2

Appears in 5 contracts

Samples: Agreement and Declaration of Trust (Calamos Convertible & High Income Fund), Agreement and Declaration of Trust (Calamos Convertible Opportunities & Income Fund), Agreement and Declaration (Calamos Global Dynamic Income Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series or Class thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series or Class thereof under any such instrument are not binding upon any of the Trustees Trustees, officers or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable SeriesSeries or Class, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees Trustees, officers or Shareholders individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees Trustees, officers or Shareholders shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisableadvisable and as required by the 1940 Act.

Appears in 4 contracts

Samples: Agreement and Declaration (FlexShares Trust), Agreement and Declaration (NETS Trust), Agreement and Declaration (NETS Trust)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person person dealing with the Trustees or with any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust or a Series thereof or undertakingTrust, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed taken to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereofTrust. Every written obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individuallyany officers, but as Trustees under the Declaration, and that the obligations employees or agents of the Trust in their capacity as such, shall contain an appropriate recital to the effect that the Shareholders, Trustees, officers, employees or a Series thereof under any such instrument are not binding upon any agents of the Trustees Trust shall not personally be bound by or Shareholders individuallyliable thereunder, but bind only nor shall resort be had to their private property for the Trust Property satisfaction of any obligation or the Trust Property of the applicable Seriesclaim thereunder, and appropriate references shall be made therein to this Declaration, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind impose personal liability on any of the Trustees individuallyTrustees, Shareholders, officers, employees or agents of the Trust. The Trustees shall at all times may maintain insurance insurance, including a fidelity bond, for the protection of the Trust Property or the Trust Property of the applicable SeriesProperty, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisableadvisable or is required by the 1940 Act.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (Central Park Group Multi-Event Fund), Agreement and Declaration of Trust (Central Park Group Multi-Event Fund), Agreement and Declaration of Trust (UBS Enso Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or with any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust or a Series thereof or undertakingTrust, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed taken to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereofTrust. Every At the discretion of the Person executing any written obligation, contract, undertaking, instrument, certificate or Share or other security of the Trust, such written obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individuallyany officers, but as Trustees under the Declaration, and that the obligations employees or agents of the Trust in their capacity as such, may contain an appropriate recital to the effect that the Shareholders, Trustees, officers, employees or a Series thereof under any such instrument are not binding upon any agents of the Trustees Trust shall not personally be bound by or Shareholders individuallyliable thereunder, but bind only nor shall resort be had to their private property for the Trust Property satisfaction of any obligation or the Trust Property of the applicable Seriesclaim thereunder, and appropriate references may be made therein to this Declaration, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind impose personal liability on any of the Trustees individuallyTrustees, Shareholders, officers, employees or agents of the Trust. The Trustees shall at all times may maintain insurance insurance, including a fidelity bond, for the protection of the Trust Property or the Trust Property of the applicable SeriesProperty, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisableadvisable or is required by the 1940 Act.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (Paramount Institutional Access Fund), Agreement and Declaration of Trust (Paramount Access Fund), Agreement and Declaration of Trust (Paramount Institutional Access Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person person dealing with the Trustees or with any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust or a Series thereof or undertakingTrust, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed taken to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereofTrust. Every written obligation, contract, undertaking, instrument, certificate, Share, Share and other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individuallyany officers, but as Trustees under the Declaration, and that the obligations employees or agents of the Trust in their capacity as such, shall contain an appropriate recital to the effect that the Shareholders, Trustees, officers, employees or a Series thereof under any such instrument are not binding upon any agents of the Trustees Trust shall not personally be bound by or Shareholders individuallyliable thereunder, but bind only nor shall resort be had to their private property for the Trust Property satisfaction of any obligation or the Trust Property of the applicable Seriesclaim thereunder, and appropriate references shall be made therein to this Declaration, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind impose personal liability on any of the Trustees individuallyTrustees, Shareholders, officers, employees or agents of the Trust. The Trustees shall at all times may maintain insurance insurance, including a fidelity bond, for the protection of the Trust Property or the Trust Property of the applicable SeriesProperty, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisableadvisable or is required by the 1940 Act.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (A&Q Masters Fund), Agreement and Declaration of Trust (A&Q Multi-Strategy Fund), Agreement and Declaration of Trust (O'Connor Fund of Funds: Masters)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person person dealing with the Trustees or with any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust or a Series thereof or undertakingTrust, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed taken to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereofTrust. Every written obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individuallyany officers, but as Trustees under the Declaration, and that the obligations employees or agents of the Trust in their capacity as such, shall contain an appropriate recital to the effect that the Shareholders, Trustees, officers, employees or a Series thereof under any such instrument are not binding upon any agents of the Trustees Trust shall not personally be bound by or Shareholders individuallyliable thereunder, but bind only nor shall resort be had to their private property for the Trust Property satisfaction of any obligation or the Trust Property of the applicable Seriesclaim thereunder, and appropriate references shall be made therein to this Declaration, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind impose personal liability on any of the Trustees individuallyTrustees, Shareholders, officers, employees or agents of the Trust. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable SeriesProperty, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisableadvisable or is required by the 1940 Act.

Appears in 2 contracts

Samples: Agreement and Declaration (DLJ High Yield Bond Fund), Agreement and Declaration (DLJ High Yield Bond Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent seller or other Person dealing with the Trustees or with any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, lent or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligationcontract, contractundertaking, instrument, certificate, Share, interest or obligation or other security of the Trust or a Series thereof or undertakingTrust, and every other act or thing whatsoever executed in connection with the Trust Trust, shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereofTrust. Every written obligation, contract, instrument, certificate, Share, certificate or other security interest or undertaking of the Trust or a Series thereof or undertaking made or issued sold by the Trustees or by any officer, employee or agent of the Trust, in his capacity as such, may recite contain an appropriate recital to the effect that the same is executed or made by them not individuallyShareholders, but as Trustees under the DeclarationTrustees, officers, employees and that the obligations agents of the Trust shall not personally be bound by or a Series thereof under liable thereunder, nor shall resort be had to their private property for the satisfaction of any such instrument are not binding upon any of obligation or claim thereunder, and appropriate references shall be made therein to the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable SeriesDeclaration, and may contain any further recital which that they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection impose personal liability on any of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and or agents in such amount as of the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisableTrust.

Appears in 2 contracts

Samples: Agreement and Declaration (BlackRock Long-Horizon Equity Fund), Agreement and Declaration (Merrill Lynch Global Equity Opportunities Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent seller or other Person dealing with the Trustees or with any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, lent or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligationcontract, contractundertaking, instrument, certificate, Share, interest or obligation or other security of the Trust or a Series thereof or undertakingTrust, and every other act or thing whatsoever executed in connection with the Trust Trust, shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration of Trust or in their capacity as officers, employees or agents of the Trust or a Series thereofTrust. Every written obligation, contract, instrument, certificate, Share, certificate or other security interest or undertaking of the Trust or a Series thereof or undertaking made or issued sold by the Trustees or by any officer, employee or agent of the Trust, in his capacity as such, may recite contain an appropriate recital to the effect that the same is executed or made by them not individuallyShareholders, but as Trustees under the DeclarationTrustees, officers, employees and that the obligations agents of the Trust shall not personally be bound by or a Series thereof under liable thereunder, nor shall resort be had to their private property for the satisfaction of any such instrument are not binding upon any of obligation or claim thereunder, and appropriate references shall be made therein to the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable SeriesDeclaration, and may contain any further recital which that they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection impose personal liability on any of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and or agents in such amount as of the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisableTrust.

Appears in 2 contracts

Samples: Campbell Multi-Strategy Trust, Campbell Multi-Strategy Trust

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent Transfer Agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 2 contracts

Samples: Agreement and Declaration (John Hancock Preferred Income Fund Iii), Agreement and Declaration (John Hancock Preferred Income Fund Iii)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligationWritten obligations, contractcontracts, instrumentinstruments, certificatecertificates, ShareShares, other security securities of the Trust or a Series thereof or undertaking undertakings made or issued by the Trustees may recite that the same is are executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain such insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 2 contracts

Samples: Agreement and Declaration (Barclays Global Investors Funds), Agreement and Declaration of Trust (Barclays Foundry Investment Trust)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent Transfer Agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, loaned or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust Trust, shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees or officers may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees Trustees, officers, employees, agents or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Hambrecht & Quist Fund Trust), Hambrecht & Quist Fund Trust

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, certificate or other security interest or undertaking of the Trust or a Series thereof or undertakingTrust, and every other act or thing whatsoever executed in connection with the Trust Trust, shall be conclusively presumed to have relied upon as having been executed or done by the executors thereof only in their capacity capacities as Trustees under this Declaration or in their capacity as Trustees, officers, employees or agents of the Trust or a Series thereofTrust. Every written obligation, contract, instrument, certificate, Share, certificate or other security interest or undertaking of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite or by any officer, employee or agent of the Trust, in his or her capacity as such, shall contain an appropriate recital to the effect that the same is executed Trustee, officer, employee or made by them not individually, but as Trustees under the Declaration, and that the obligations agent of the Trust shall not personally be bound by or a Series thereof under any such instrument are not binding upon any liable thereunder, nor shall resort be had to their private property or the private property of the Trustees Holders for the satisfaction of any obligation or Shareholders individuallyclaim thereunder, but bind only and appropriate references shall be made therein to the Trust Property or the Trust Property of the applicable SeriesDeclaration, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind impose personal liability on any of the Trustees individuallyTrustees, officers, employees or agents of the Trust. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable SeriesProperty, its ShareholdersHolders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 2 contracts

Samples: Agreement and Declaration (Pennsylvania Avenue Funds), Agreement and Declaration (Pennsylvania Avenue Funds)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration Trust Instrument or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the DeclarationTrust Instrument, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 2 contracts

Samples: Advisorshares Trust (AdvisorShares Trust), Agreement and Declaration (Us Global Investors Funds)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereofTrust. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the this Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable SeriesProperty, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable SeriesProperty, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (FNEX Ventures), Agreement and Declaration of Trust (PRISM Multi Strategy Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and 14 that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Pioneer Muncipal High Income Trust

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person person dealing with the Trustees or with any officer, employee or agent of the Trust or a any Series of the Trust or Class thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust or a any Series thereof of the Trust or undertakingany Class thereof, and every other act or thing whatsoever executed in connection with the Trust or any Series of the Trust or Class thereof shall be conclusively presumed taken to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereofTrust. Every written obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust or a any Series of the Trust or Class thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individuallyany officers, but as Trustees under the Declaration, and that the obligations employees or agents of the Trust or a any Series thereof under any such instrument are not binding upon any thereof, in their capacity as such, shall contain an appropriate recital to the effect that the Shareholders, Trustees, officers, employees or agents of the Trustees Trust or Shareholders individually, but bind only the respective Series of the Trust Property or Class thereof shall not personally be bound by or liable thereunder, nor shall resort be had to their private property for the Trust Property satisfaction of the applicable Seriesany obligation or claim thereunder, and appropriate references shall be made therein to this Declaration, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind impose personal liability on any of the Trustees individuallyTrustees, Shareholders, officers, employees or agents of the Trust or any Series of the Trust or any Class thereof. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable SeriesProperty, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Credit Suisse Opportunity Funds)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.. 12966669/2 Agreements and Declarations of Trust - CSQ Third A&R Agreement and Declaration of Trust

Appears in 1 contract

Samples: Agreement and Declaration (Calamos Strategic Total Return Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person person dealing with the Trustees or any officer, employee or agent of the Trust or a Series series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, loaned or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may shall recite that the same is executed or made by them not individually, but as Trustees under the DeclarationDeclaration of Trust, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders Shareholders, individually, but bind only the Trust Property or Estate (or, in the event the Trust Property shall consist of more than one Series, in the applicable case of any such obligation which relates to a specific Series, only the Series which is a party thereto), and may contain any further recital which they or he may deem appropriate, but the omission of such recital shall not affect the validity of such obligation, contract instrument, certificate, Share, security or undertaking and shall not operate to bind the Trustees or Shareholders individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable SeriesProperty, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisableadequate.

Appears in 1 contract

Samples: USBAM Securities Lending Trust

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money money, or property paid, loaned, or delivered to or on the order of the Trustees or of said officerofficers, employee or agent. Every obligation, contract, instrument, certificate, Share, certificate or other security interest or undertaking of the Trust or a Series thereof or undertakingTrust, and every other act or thing whatsoever executed in connection with the Trust Trust, shall be conclusively presumed taken to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as Trustees, officers, employees or agents of the Trust or a Series thereofTrust. Every written obligation, contract, instrument, certificate, Share, certificate or other security interest or undertaking of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite or by any officer, employee or agent of the Trust, in his or her capacity as such, shall contain an appropriate recital to the effect that the same is executed or made by them not individuallyTrustee, but as Trustees under the Declarationofficer, employee and that the obligations agent of the Trust shall not personally be bound by or a Series thereof under any such instrument are not binding upon any liable thereunder, nor shall resort be had to their private property or the private property of the Trustees Holders for the satisfaction of any obligation or Shareholders individuallyclaim thereunder, but bind only the Trust Property or the Trust Property of the applicable Seriesand appropriate references shall be made therein to this Declaration, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind impose personal liability on any of the Trustees individuallyTrustees, officers, employees or agents of the Trust. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable SeriesProperty, its ShareholdersHolders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Ubs Relationship Funds

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration Trust Instrument or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligationWritten obligations, contractcontracts, instrumentinstruments, certificatecertificates, ShareShares, other security securities of the Trust or a Series thereof or undertaking undertakings made or issued by the Trustees may recite that the same is are executed or made by them not individually, but as Trustees under the DeclarationTrust Instrument, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain such insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (BlackRock Funds VI)

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No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its 12966669/2 Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Agreement and Declaration (Calamos Dynamic Convertible & Income Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of BOSTON 1895365v2 the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Agreement And (Pioneer Asset Allocation Series)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.. 12966669/2 115 Agreements and Declarations of Trust - CGO Third A&R Agreement and Declaration of Trust

Appears in 1 contract

Samples: Agreement and Declaration (Calamos Global Total Return Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, loaned or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed taken to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration of Trust or in their capacity as officers, employees or agents of the Trust or a Series thereofTrust. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite or by any officers, employees or agents of the Trust, in their capacity as such, shall contain an appropriate recital of the effect that the same writing is executed or made by them not individually, but as Trustees under the Declaration, and Declaration that the obligations Shareholders, Trustees, officer, employees and agents of the Trust shall not personally be bound by or a Series thereof under liable thereunder, nor shall resort be had to their private property for the satisfaction of any obligation or claim thereunder but only to the Trust Estate or, in the case of any such instrument are not binding upon any obligation which relates only to a specific Series, only to the property of such Series, and appropriate references shall be made therein to the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property Declaration of the applicable SeriesTrust, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind impose personal liability on any of the Trustees individuallyTrustees, Shareholders, officers, employees or agents of the Trust. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Seriesproperty, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Agreement and Declaration (Premier Vit)

No Duty of Investigation; Notice in Trust Instruments, Etc. No ---------------------------------------------------------- purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisableadvisable and as required by the 1940 Act.

Appears in 1 contract

Samples: Goldman Sachs Trust

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the this Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Crow Point Global Dividend Plus Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, certificate or other security interest or undertaking of the Trust or a Series thereof or undertakingTrust, and every other act or thing whatsoever executed in connection with the Trust Trust, shall be conclusively presumed taken to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as Trustees, officers, employees or agents of the Trust or a Series thereofTrust. Every written obligation, contract, instrument, certificate, Share, certificate or other security interest or undertaking of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite or by any officer, employee or agent of the Trust, in his or her capacity as such, shall contain an appropriate recital to the effect that the same is executed or made by them not individuallyTrustee, but as Trustees under the Declarationofficer, employee and that the obligations agent of the Trust shall not personally be bound by or a Series thereof under any such instrument are not binding upon any liable thereunder, nor shall resort be had to their private property or the private property of the Trustees Holders for the satisfaction of any obligation or Shareholders individuallyclaim thereunder, but bind only and appropriate references shall be made therein to the Trust Property or the Trust Property of the applicable SeriesDeclaration, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind impose personal liability on any of the Trustees individuallyTrustees, officers, employees or agents of the Trust. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable SeriesProperty, its ShareholdersHolders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Pearl Funds Agreement (Black Pearl Funds)

No Duty of Investigation; Notice in Trust Instruments, Etc. No ---------------------------------------------------------- purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series or Class thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series or Class thereof under any such instrument are not binding upon any of the Trustees Trustees, officers or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable SeriesSeries or Class, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees Trustees, officers or Shareholders shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisableadvisable and as required by the 1940 Act.

Appears in 1 contract

Samples: Agreement and Declaration (Goldman Sachs Variable Insurance Trust)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.. 12966669/2 148 Agreements and Declarations of Trust - CHW Second A&R Agreement and Declaration of Trust

Appears in 1 contract

Samples: Agreement and Declaration (Calamos Global Dynamic Income Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No ----------------------------------------------------------- purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money money, or property paid, loaned, or delivered to or on the order of the Trustees or of said officerofficers, employee or agent. Every obligation, contract, instrument, certificate, Share, certificate or other security interest or undertaking of the Trust or a Series thereof or undertakingTrust, and every other act or thing whatsoever executed in connection with the Trust Trust, shall be conclusively presumed taken to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as Trustees, officers, employees employees, or agents of the Trust or a Series thereofTrust. Every written obligationobligation , contract, instrument, certificate, Share, certificate or other security interest or undertaking of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite or by any officer, employee or agent of the Trust, in his or her capacity as such, shall contain an appropriate recital to the effect that the same is executed or made by them not individuallyTrustee, but as Trustees under the Declarationofficer, employee and that the obligations agent of the Trust shall not personally be bound by or a Series thereof under any such instrument are not binding upon any liable thereunder, nor shall resort be had to their private property or the private property of the Trustees Holders for the satisfaction of any obligation or Shareholders individuallyclaim thereunder, but bind only and appropriate references shall be made therein to the Trust Property or the Trust Property of the applicable SeriesCertificate, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind impose personal liability on any of the Trustees individuallyTrustees, officers, employees or agents of the Trust. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable SeriesProperty, its ShareholdersHolders, Trustees, officers, employees and agents agent in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Agreement and Declaration (Brinson Relationship Funds)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees or officers may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees Trustees, officers, employees, agents or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Kelmoore Strategic Trust)

No Duty of Investigation; Notice in Trust Instruments, Etc. No ---------------------------------------------------------- purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Agreement and Declaration (Sun Capital Advisers Trust)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its 12966669/2 181 Agreements and Declarations of Trust - CCD Fourth A&R Agreement and Declaration of Trust Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Agreement and Declaration (Calamos Dynamic Convertible & Income Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.. 12966669/2 49 Agreements and Declarations of Trust - CHY Third A&R Agreement and Declaration of Trust

Appears in 1 contract

Samples: Agreement and Declaration (Calamos Convertible & High Income Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof or Class shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or Class or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration of Trust or in their capacity as officers, employees or agents of the Trust or a Series thereofor Class. Every written obligation, contract, instrument, certificate, Share, other security of the Trust or a Series thereof or Class or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declarationthis Declaration of Trust, and that the obligations of the Trust or a Series thereof or Class under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable SeriesSeries or Class, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Principal Exchange-Traded Funds)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person dealing with the Trustees or any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereof. Every written obligation, contract, instrument, certificate, Share, Preferred Security, other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individually, but as Trustees under the Declaration, and that the obligations of the Trust or a Series thereof under any such instrument are not binding upon any of the Trustees or Shareholders individually, but bind only the Trust Property or the Trust Property of the applicable Series, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind the Trustees individually. The Trustees shall at all times may maintain insurance for the protection of the Trust Property or the Trust Property of the applicable Series, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisable.. 12966669/2 Agreements and Declarations of Trust - CHI Third A&R Agreement and Declaration of Trust

Appears in 1 contract

Samples: Agreement and Declaration (Calamos Convertible Opportunities & Income Fund)

No Duty of Investigation; Notice in Trust Instruments, Etc. No purchaser, lender, transfer agent or other Person person dealing with the Trustees or with any officer, employee or agent of the Trust or a Series thereof shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by said officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of said officer, employee or agent. Every obligation, contract, undertaking, instrument, certificate, Share, other security of the Trust or a Series thereof or undertakingTrust, and every other act or thing whatsoever executed in connection with the Trust shall be conclusively presumed taken to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration or in their capacity as officers, employees or agents of the Trust or a Series thereofTrust. Every written obligation, contract, undertaking, instrument, certificate, Share, and other security of the Trust or a Series thereof or undertaking made or issued by the Trustees may recite that the same is executed or made by them not individuallyany officers, but as Trustees under the Declaration, and that the obligations employees or agents of the Trust in their capacity as such, shall contain an appropriate recital to the effect that the Shareholders, Trustees, officers, employees or a Series thereof under any such instrument are not binding upon any agents of the Trustees Trust shall not personally be bound by or Shareholders individuallyliable thereunder, but bind only nor shall resort be had to their private property for the Trust Property satisfaction of any obligation or the Trust Property of the applicable Seriesclaim thereunder, and appropriate references shall be made therein to this Declaration, and may contain any further recital which they may deem appropriate, but the omission of such recital shall not operate to bind impose personal liability on any of the Trustees individuallyTrustees, Shareholders, officers, employees or agents of the Trust. The Trustees shall at all times may maintain insurance insurance, including a fidelity bond, for the protection of the Trust Property or the Trust Property of the applicable SeriesProperty, its Shareholders, Trustees, officers, employees and agents in such amount as the Trustees shall deem adequate to cover possible tort liability, and such other insurance as the Trustees in their sole judgment shall deem advisableadvisable or is required by the 1940 Act.

Appears in 1 contract

Samples: Amended And (CPG FrontPoint MultiStrat Fund)

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