Common use of Ownership of Trust Property Clause in Contracts

Ownership of Trust Property. Title to the Trust Property shall at all times be considered as vested in the Trust, except that the Trustees shall have power to cause legal title to any Trust Property to be held by or in the name of one or more of the Trustees, or in the name of the Trust, or in the name of any other person as nominee, on such terms as the Trustees may determine. No creditor of any Trustee shall have any right to obtain possession, or otherwise exercise legal or equitable remedies with respect to, any Trust Property with respect to any claim against, or obligation of, such Trustee in its individual capacity and not related to the Trust or any Series or Class of the Trust. The right, title and interest of the Trustees in the Trust Property shall vest automatically in each person who may hereafter become a Trustee. Upon the resignation, removal or death of a Trustee, he or she shall automatically cease to have any right, title or interest in any of the Trust Property, and the right, title and interest of such Trustee in the Trust Property shall vest automatically in the remaining Trustees. Such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered.

Appears in 13 contracts

Samples: Agreement and Declaration of Trust (Federated Hermes ETF Trust), Agreement and Declaration of Trust (Federated Hermes ETF Trust), Agreement and Declaration of Trust (Federated Hermes ETF Trust)

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Ownership of Trust Property. Title Legal title to all of the Trust Property shall at all times be considered as to be vested in the Trust, except that the Board of Trustees shall have the power to cause legal title to any Trust Property to be held by or in the name of one or more of the Trustees, Trustees or in the name of the Trust, or in the name of any other person Person as nominee, on such terms as the Board of Trustees may determine, in accordance with applicable law. No creditor of any Trustee shall have any right to obtain possession, or otherwise exercise legal or equitable remedies with respect to, any Trust Property with respect to any claim against, or obligation of, such Trustee in its individual capacity and not related to the Trust or any Series or Class of the Trust. The right, title and interest of the Trustees in the Trust Property shall vest automatically in each person Person who may hereafter become a Trustee. Upon the resignation, removal or death of a Trustee, he or she shall will automatically cease choose to have any right, title or interest in any of the Trust Property, and the right, title and interest of such Trustee in the Trust Property shall vest automatically in the remaining Trustees. Such vesting and cessation assumption of title shall be effective whether or not conveyancing documents have been executed and delivered.

Appears in 1 contract

Samples: Agreement and Declaration (Lincoln Funds Trust)

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Ownership of Trust Property. Title to The Trust Property shall be held separate and apart from any assets now or hereafter held in any capacity other than as Trustee hereunder by the Trustees or any successor Trustees. All right, title, and interest in the Trust Property shall at all times be considered as automatically vested in the TrustTrustees as shall be from time to time in office, except provided however that the Trustees shall have the power and authority to cause legal title to any Trust Property or the Trust Property of any Series to be held by or in the name of one the Trust or more any such Series or nominee of the Trustees, or in the name of the Trustsame, or in the name of any other person as nomineePerson, including without limitation, any custodian or sub-custodian or other financial intermediary or agent or nominee of the same appointed in accordance with Section 7.2 hereof, on such terms as the Trustees may determine. No creditor of any Trustee shall have any right to obtain possession, or otherwise exercise legal or equitable remedies with respect to, any Trust Property with respect to any claim against, or obligation of, such Trustee in its individual capacity and not related to the Trust or any Series or Class of the Trust. The right, title and interest of the Trustees in the Trust Property shall vest automatically in each person who may hereafter become a Trustee. Upon the resignation, removal retirement, removal, incapacity, or death of a Trustee, he or she such Trustee shall automatically cease to have any right, title title, or interest in any of the Trust Property, and the right, title title, and interest of such Trustee in the Trust Property shall vest automatically in the remaining Trustees. Such vesting and cessation of title shall be effective whether without the execution or not delivery of any conveyancing documents or other instruments. No Shareholder shall be deemed to have been executed and delivereda severable ownership in any individual asset of the Trust or any Series or any right of partition or possession thereof.

Appears in 1 contract

Samples: Agreement and Declaration (BNY Mellon ETF Trust II)

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