Common use of No Personal Liability of Shareholders, Trustees, etc Clause in Contracts

No Personal Liability of Shareholders, Trustees, etc. 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, 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. Any repeal or modification of this Section 5.1 shall not adversely affect any right or protection of a Trustee or officer of the Trust existing at the time of such repeal or modification with respect to acts or omissions occurring prior to such repeal or modification.

Appears in 5 contracts

Samples: Healthcare Fund Agreement (Highland Premium Long/Short Healthcare Fund), Fund Agreement (Highland Premium Dividend Fund), Equity Fund Agreement (Highland Premium Long/Short Equity Fund)

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No Personal Liability of Shareholders, Trustees, etc. 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 Company shall be subject in such capacity to any personal liability whatsoever to any Person, save only liability to the Trust Company or its Shareholders arising for any action or inaction as Trustee hereunder that results solely from his or her own 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 Company Property for satisfaction of claims of any nature arising in connection with the affairs of the TrustCompany. If any Shareholder, Trustee or officer, as such, of the Trust, Company is made a party to any suit or proceeding to enforce any such liability, subject to the foregoing exception, he or she shall not, on account thereof, be held to any personal liability. Any repeal or modification of this Section 5.1 shall not adversely affect any right or protection of a Trustee or officer of the Trust Company existing at the time of such repeal or modification with respect to acts or omissions occurring prior to such repeal or modification.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Pershing Square USA, Ltd.)

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