No Personal Liability of Shareholders, Trustees, etc. No Shareholder of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Property or the acts, obligations or affairs of the Trust. Shareholders shall have the same limitation of personal liability as is extended to stockholders of a private corporation for profit incorporated under the Delaware General Corporation Law. No Trustee or officer of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person, other than the Trust or its Shareholders, in connection with Trust Property or the affairs of the Trust, save only liability to the Trust or its Shareholders arising from bad faith, willful misfeasance, gross negligence or reckless disregard for his duty to such Person; and, subject to the foregoing exception, all such Persons shall look solely to the Trust Property for satisfaction of claims of any nature arising in connection with the affairs of the Trust. If any Shareholder, Trustee or officer, as such, of the Trust, is made a party to any suit or proceeding to enforce any such liability, subject to the foregoing exception, he shall not, on account thereof, be held to any personal liability.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Gabelli Go Anywhere Trust), Agreement and Declaration of Trust (Gabelli Global Small & Mid Cap Value Trust), Agreement and Declaration of Trust (Gabelli Go Anywhere Trust)
No Personal Liability of Shareholders, Trustees, etc. No Shareholder of the Trust Fund shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Fund Property or the acts, obligations or affairs of the TrustFund. Shareholders shall have the same limitation of personal liability as is extended to stockholders of a private corporation for profit incorporated under the Delaware General Corporation Lawgeneral corporation law of the State of Delaware. No Trustee or officer of the Trust Fund shall be subject in such capacity to any personal liability whatsoever to any Person, other than the Trust Fund or its Shareholders, in connection with Trust Fund Property or the affairs of the TrustFund, save only liability to the Trust Fund or its Shareholders arising from bad faith, willful misfeasance, gross negligence or reckless disregard for his duty to such Person; and, subject to the foregoing exception, all such Persons shall look solely to the Trust Fund Property for satisfaction of claims of any nature arising in connection with the affairs of the TrustFund. If any Shareholder, Trustee or officer, as such, of the TrustFund, is made a party to any suit or proceeding to enforce any such liability, subject to the foregoing exception, he shall not, on account thereof, be held to any personal liability.
Appears in 3 contracts
Samples: Agreement and Declaration of Fund (GDL Fund), Agreement and Declaration of Fund (Gabelli Global Deal Fund), Agreement and Declaration of Fund (Gabelli Global Deal Fund)
No Personal Liability of Shareholders, Trustees, etc. No Shareholder Share holder of the Trust shall be subject in such capacity to any personal liability whatsoever whatso ever to any Person in connection with Trust Property or the acts, obligations or affairs of the Trust. Shareholders shall have the same limitation of personal liability as is extended to stockholders of a private corporation for profit incorporated under the Delaware General Corporation Lawgeneral corporation law of the State of Delaware. No Trustee or officer of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person, other than the Trust or its Shareholders, in connection with Trust Property or the affairs of the Trust, save only liability to the Trust or its Shareholders arising from bad faith, willful misfeasance, gross negligence or reckless disregard for his duty to such Person; and, subject to the foregoing exception, all such Persons shall look solely to the Trust Property for satisfaction of claims of any nature arising in connection with the affairs of the Trust. If any Shareholder, Trustee or officer, as such, of the Trust, is made a party to any suit or proceeding to enforce any such liability, subject to the foregoing exception, he shall not, on account thereof, be held to any personal liability.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Gabelli Dividend & Income Trust)
No Personal Liability of Shareholders, Trustees, etc. No Shareholder Share holder of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Property or the acts, obligations or affairs of the Trust. Shareholders shall have the same limitation of personal liability as is extended to stockholders of a private corporation for profit incorporated under the Delaware General Corporation Lawgeneral corporation law of the State of Delaware. No Trustee or officer of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person, other than the Trust or its Shareholders, in connection with Trust Property or the affairs of the Trust, save only liability to the Trust or its Shareholders arising from bad faith, willful misfeasance, gross negligence or reckless disregard for his duty to such Person; and, subject to the foregoing exception, all such Persons shall look solely to the Trust Property for satisfaction of claims of any nature arising in connection with the affairs of the Trust. If any Shareholder, Trustee or officer, as such, of the Trust, is made a party to any suit or proceeding to enforce any such liability, subject to the foregoing exception, he shall not, on account thereof, be held to any personal liability.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Gabelli Global Utility & Income Trust)