No Personal Liability of Shareholders, Trustees, etc. No personal liability for any debt, liability or obligation or expense incurred by, contracted for, or otherwise existing with respect to, the Trust or any Series or Class shall attach to any Shareholder or former Shareholder of the Trust. In case any Shareholder or former Shareholder of the Trust shall be held to be personally liable solely by reason of his or her being or having been a Shareholder and not because of his or her acts or omissions or for some other reason, the Shareholder or former Shareholder (or his or her heirs, executors, administrators or other legal representatives or in the case of a corporation or other entity, its corporate or other general successor) shall be entitled out of the assets of the Trust or, if the Trust has more than one Series, the applicable Series, to be held harmless from and indemnified against all loss and expense arising from such liability; provided however that there shall be no liability or obligation of the Trust or any Series arising hereunder to reimburse any Shareholder for taxes paid by reason of such Shareholder’s ownership of any Shares or for losses suffered by reason of any changes in value of any Trust assets. The Trust shall, upon request by the Shareholder or former Shareholder, assume the defense of any claim made against the Shareholder for any act or obligation of the Trust and satisfy any judgment thereon.
Appears in 8 contracts
Samples: Trust Agreement (Meet Kevin Trust), Agreement and Declaration of Trust (NEOS ETF Trust), Agreement and Declaration of Trust (Tema ETF Trust)
No Personal Liability of Shareholders, Trustees, etc. No personal liability for any debt, liability or obligation or expense incurred by, contracted for, or otherwise existing with respect to, the Trust or any Series or Class shall attach to any Shareholder or former Shareholder of the Trust. In case any Shareholder or former Shareholder of the Trust shall be held to be personally liable solely by reason of his or her being or having been a Shareholder and not because of his or her acts or omissions or for some other reason, the Shareholder or former Shareholder (or his or her heirs, executors, administrators or other legal representatives or in the case of a corporation or other entity, its corporate or other general successor) shall be entitled out of the assets of the Trust or, if the Trust has more than one Series, the applicable Series, to be held harmless from and indemnified against all loss and expense arising from such liability; provided however that there shall be no liability or obligation of the Trust or any Series arising hereunder to reimburse any Shareholder for taxes paid by reason of such Shareholder’s ownership of any Shares or for losses suffered by reason of any changes in value of any Trust assets. The Trust shall, upon request by the Shareholder or former Shareholder, assume the defense of any claim made against the Shareholder for any act or obligation of the Trust and satisfy any judgment thereon.
Appears in 3 contracts
Samples: Trust Agreement (Sprott ETF Trust), Agreement and Declaration of Trust (Pacific Global ETF Trust), Trust Agreement (StrongVest ETF Trust)
No Personal Liability of Shareholders, Trustees, etc. No Shareholder shall be subject to any personal liability for any debt, liability or obligation or expense incurred by, contracted for, or otherwise existing with respect to, the Trust or any Series or Class shall attach whatsoever to any Shareholder Person in connection with the Trust’s property or former Shareholder the acts, obligations or affairs of the Trust. In case any Shareholder No Trustee, officer or former Shareholder employee of the Trust shall be subject to any personal liability whatsoever to any Person, other than to the Trust or its Shareholders, in connection with Trust property or the acts, obligations or affairs or the Trust. If any Shareholder, Trustee, officer or employee, as such, of the Trust, is made a party to any suit or proceeding to enforce any such liability of the Trust, he shall not on account thereof be held to be personally liable solely any personal liability. The Trust shall indemnify and hold each Shareholder and each Shareholder’s directors, officers, employees and agents, harmless from and against all claims and liabilities to which such Shareholder or any such other person may become subject by reason of his or her Shareholder being or having been a Shareholder, and shall reimburse such Shareholder and not because of his or her acts or omissions or for some any other reason, the Shareholder or former Shareholder (or his or her heirs, executors, administrators or other legal representatives or in the case of a corporation or other entity, its corporate or other general successor) shall be entitled such person out of the assets Trust’s property for all legal and other expenses reasonably incurred by such Shareholder or any such other person in connection with any such claim or liability. The rights accruing to a Shareholder and its directors, officers, employees and agents under this Section 8 shall not impair any other right to which such Shareholder or any such other person may be lawfully entitled, nor shall anything herein contained restrict the right of the Trust or, if the Trust has more than one Series, the applicable Series, to be held harmless from and indemnified against all loss and expense arising from such liability; provided however that there shall be no liability indemnify or obligation of the Trust reimburse a Shareholder or any Series arising hereunder to reimburse such other person in any Shareholder for taxes paid by reason of such Shareholder’s ownership of any Shares or for losses suffered by reason of any changes in value of any Trust assets. The Trust shall, upon request by the Shareholder or former Shareholder, assume the defense of any claim made against the Shareholder for any act or obligation of the Trust and satisfy any judgment thereonappropriate situation even though not specifically provided herein.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Extra Space Storage Inc.), Agreement and Declaration of Trust (Extra Space Storage Inc.)
No Personal Liability of Shareholders, Trustees, etc. No Shareholder shall be subject to any personal liability for any debtwhatsoever in connection with Trust Property or the acts, liability debts, liabilities, expenses, obligations or obligation or expense incurred by, contracted for, or otherwise existing with respect to, affairs of the Trust or a particular Series. All Persons extending credit to, contracting with or having any Series or Class shall attach to any Shareholder or former Shareholder of the Trust. In case any Shareholder or former Shareholder of claim against the Trust or a particular Series shall be held look only to be personally liable solely by reason of his or her being or having been a Shareholder and not because of his or her acts or omissions or for some other reason, the Shareholder or former Shareholder (or his or her heirs, executors, administrators or other legal representatives or in the case of a corporation or other entity, its corporate or other general successor) shall be entitled out of the assets of the Trust oror such Series for payment under such credit, if contract or claim, and neither the Trust has more than one SeriesShareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Series shall be personally liable therefor. The Trustees shall not be responsible or liable in any event for any neglect or wrong doing of any officer, employee or agent (including, without limitation, the applicable SeriesInvestment Adviser, to any Investment Sub-Adviser, the Distributor, the Custodian and the Transfer Agent) of the Trust, nor shall any Trustee be held harmless from and indemnified against all loss and expense arising from such liability; provided however that there shall be no liability responsible or obligation liable for the act or omission of any other Trustee. Nothing in this Declaration shall, however, protect any Trustee, officer, employee or agent of the Trust or against any Series arising hereunder liability to reimburse any Shareholder for taxes paid which such Person would otherwise be subject by reason of such Shareholder’s ownership of any Shares willful misfeasance, bad faith, gross negligence or for losses suffered by reason of any changes in value of any Trust assets. The Trust shall, upon request by the Shareholder or former Shareholder, assume the defense of any claim made against the Shareholder for any act or obligation reckless disregard of the Trust and satisfy any judgment thereonduties involved in the conduct of his or her office.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Transamerica Idex Mutual Funds), Declaration of Trust (Aegon/Transamerica Series Trust)