Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 182 contracts
Samples: Agreement and Declaration of Trust (Guggenheim Taxable Municipal Bond & Investment Grade Debt Trust), Agreement and Declaration of Trust (Guggenheim Active Allocation Fund), Agreement and Declaration of Trust (Guggenheim Strategic Opportunities Fund)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII VIII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VIIVIII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 43 contracts
Samples: Agreement and Declaration of Trust (Calamos Aksia Private Equity & Alternatives Fund), Agreement and Declaration of Trust (Axxes Opportunistic Credit Fund), Agreement and Declaration of Trust (Axxes Opportunistic Credit Fund)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, ; provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or IV, the By-LawsLaws or the 1940 Act. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 13 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)
Parties to Contract. Any contract of the character described in Sections 4.1 5.1 and 4.2 5.2 of this Article IV V or in Article VII VIII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV V or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 5.1 and 4.2 5.2 above or Article VIIVIII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.35.3.
Appears in 11 contracts
Samples: Agreement and Declaration of Trust (BlackRock Private Credit Fund), Agreement and Declaration of Trust (BlackRock Private Credit Fund), Agreement and Declaration of Trust (BlackRock Private Credit Fund)
Parties to Contract. Any contract of the character described in Sections 4.1 5.1 and 4.2 5.2 of this Article IV V or in Article VII V hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV V or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 5.1 and 4.2 5.2 above or Article VIIV, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.35.3.
Appears in 10 contracts
Samples: Trust Agreement (Meet Kevin Trust), Agreement and Declaration of Trust (NEOS ETF Trust), Agreement and Declaration of Trust (Tema ETF Trust)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-LawsBylaws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 9 contracts
Samples: Trust Agreement (BlackRock 2038 Municipal Target Term Trust), Amended and Restated Agreement and Declaration of Trust (BlackRock 2037 Municipal Target Term Trust), Agreement and Declaration of Trust (BlackRock Science & Technology Trust III)
Parties to Contract. Any contract of the character described in Sections 4.1 4.2 and 4.2 4.3 of this Article IV or in Article VII VIII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, shareholder or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 4.2 and 4.2 4.3 above or Article VIIVIII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.34.4.
Appears in 8 contracts
Samples: Agreement and Declaration of Trust (Franklin BSP Real Estate Debt BDC), Agreement and Declaration of Trust (Middle Market Apollo Institutional Private Lending), Agreement and Declaration of Trust (Franklin BSP Real Estate Credit BDC)
Parties to Contract. Any contract of the character described in Sections 4.1 4.2 and 4.2 4.3 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 4.2 and 4.2 4.3 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.34.4.
Appears in 7 contracts
Samples: Agreement and Declaration of Trust (Wellings Real Estate Income Fund), Agreement and Declaration of Trust (Investcorp US Institutional Private Credit Fund), Agreement and Declaration of Trust
Parties to Contract. Any contract of the character described in Sections Section 4.1 and 4.2 of this Article IV or in Article VII hereof the By-Laws of the Trust may be entered into with any Personcorporation, firm, trust or association, although one or more of the Trustees, Trustees or officers or employees of the Trust may be an officer, director, trustee, shareholder, shareholder or member of such other party to the contract, ; and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust or any Series under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections Section 4.1 and 4.2 above or Article VIIthe By-Laws of the Trust, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.34.2.
Appears in 6 contracts
Samples: Agreement and Declaration of Trust (GoodHaven Funds Trust), Trust Agreement (Riverpark Funds Trust), Trust Agreement (Underlying Funds Trust)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Personcorporation, firm, trust or association, although one or more of the Trustees, Trustees or officers or employees of the Trust may be an officer, director, trusteeTrustee, shareholder, shareholder or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person person (including a firm, corporation, trust or association) may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 6 contracts
Samples: Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select Fund)
Parties to Contract. Any contract of the character described in Sections 4.1 4.2 and 4.2 4.3 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trusteeTrustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 4.2 and 4.2 4.3 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.34.7.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (Kennedy Lewis Capital Co), Agreement and Declaration of Trust (Kennedy Lewis Capital Co), Agreement and Declaration of Trust (Kennedy Lewis Capital Co)
Parties to Contract. Any contract of the character described in Sections 4.1 4.1, 4.2 and 4.2 4.3 of this Article IV or in Article VII VI hereof or elsewhere in this Declaration may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, partner, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV Declaration or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VIIthis Declaration, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3those sections or articles.
Appears in 5 contracts
Samples: Trust Agreement (Rochdale International Trade Fixed Income Fund), Agreement and Declaration of Trust (Highland Floating Rate Advantage Fund), Agreement and Declaration of Trust (Highland Capital Multi-Strategy Fund)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV IV, or in Article VII VI or Article VIII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above above, Article VI or Article VIIVIII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Triloma EIG Global Energy Term Fund I), Agreement and Declaration of Trust (Triloma EIG Global Energy Fund), Agreement and Declaration of Trust (Triloma EIG Global Energy Fund)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, ; provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Advantage Advisers Multi - Sector Fund I), Agreement and Declaration of Trust (Advantage Advisers Multi - Sector Fund I), Agreement and Declaration of Trust (Advantage Advisers Multi - Sector Fund I)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Octagon XAI CLO Income Fund), Agreement and Declaration of Trust (XAI Octagon Credit Trust), Second Amended and Restated Agreement and Declaration of Trust (XAI Octagon Floating Rate Alternative Income Term Trust)
Parties to Contract. Any contract of the character ------------------- described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Blackrock Municipal Income Trust), Agreement and Declaration of Trust (Blackrock New Jersey Municipal Income Trust), Agreement and Declaration of Trust (Blackrock California Municipal Income Trust)
Parties to Contract. Any contract of the character described in Sections 4.1 4.2 and 4.2 4.3 of this Article IV or in Article VII VIII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 4.2 and 4.2 4.3 above or Article VIIVIII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.34.4.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Blackstone / GSO Secured Lending Fund), Agreement and Declaration of Trust (Blackstone / GSO Secured Lending Fund)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Personcorporation, firm, trust or association, although one or more of the Trustees, Trustees or officers or employees of the Trust may be an officer, director, trusteeTrustee, shareholder, shareholder or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Lawslaws. The same Person person (including a firm, corporation, trust or association) may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VIIabove, and any individual may be financially interested or otherwise affiliated with Persons persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Pimco Funds Equity Advisors Series), Agreement and Declaration of Trust (Pimco Advisors Institutional Funds)
Parties to Contract. Any contract of the character described in Sections 4.1 4.2 and 4.2 4.3 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-LawsBylaws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 4.2 and 4.2 4.3 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.34.4.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (BIP Ventures Evergreen BDC), Agreement and Declaration of Trust (BIP Evergreen Venture Fund)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article ARTICLE IV or in Article ARTICLE VII hereof or otherwise may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, ; provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions in violation of this Article IV Declaration or the By-LawsBylaws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VIIARTICLE VII hereof or otherwise, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Nexpoint Diversified Real Estate Trust), Trust Agreement
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.. ARTICLE V
Appears in 2 contracts
Samples: Second Amended and Restated Agreement and Declaration of Trust (Blackrock Allocation Target Shares), Agreement and Declaration of Trust (Blackrock High Yield Trust)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article ARTICLE IV or in Article ARTICLE VII hereof or otherwise may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, ; provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions in violation of this Article IV Declaration or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VIIARTICLE VII hereof or otherwise, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (NexPoint Strategic Opportunities Fund), Agreement and Declaration of Trust (NexPoint Strategic Opportunities Fund)
Parties to Contract. Any contract of the character described in Sections 4.1 4.2 and 4.2 4.3 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom; provided, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 4.2 and 4.2 4.3 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.34.4.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Carlyle Secured Lending III), Agreement and Declaration of Trust (Carlyle Secured Lending III)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust Company may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust Company under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, ; provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 2 contracts
Samples: Trust Agreement (Pershing Square USA, Ltd.), Agreement and Declaration of Trust (Pershing Square USA, Ltd.)
Parties to Contract. Any contract of the character described in Sections 4.1 5.1 and 4.2 5.2 of this Article IV V or in Article VII VIII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV V or the By-LawsBy‑Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 5.1 and 4.2 5.2 above or Article VIIVIII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.35.3.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Claymore Exchange-Traded Fund Trust 2), Agreement and Declaration of Trust (Claymore Exchange-Traded Fund Trust)
Parties to Contract. Any contract of the character described in Sections Section 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (DLJ High Yield Bond Fund), Agreement and Declaration of Trust (DLJ High Yield Bond Fund)
Parties to Contract. Any contract of the character described in ------------------- Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Blackrock Florida Municipal Income Trust), Agreement and Declaration of Trust (Blackrock New York Municipal Income Trust)
Parties to Contract. Any contract of the character described in Sections 4.1 4.02 and 4.2 4.03 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 4.02 and 4.2 4.03 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.34.04.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Onex Direct Lending BDC Fund), Agreement and Declaration of Trust (Onex Falcon Direct Lending BDC Fund)
Parties to Contract. Any contract of the character described in Sections 4.1 4.2 and 4.2 4.3 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trusteeTrustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 4.2 and 4.2 4.3 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.34.4.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Kennedy Lewis Capital Co)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII Article VIII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, shareholder or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VIIVIII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 1 contract
Samples: Transaction Agreement (Vertical Capital Income Fund)
Parties to Contract. Any contract of the character described in Sections Section 4.1 and 4.2 of this Article IV or in Article VII hereof the By-Laws of the Company may be entered into with any Personcorporation, firm, trust or association, although one or more of the Trustees, Directors or officers or employees of the Trust Company may be an officer, director, trusteeDirector, shareholder, or member of such other party to the contract, ; and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust Company under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, ; provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person (including a firm, corporation, trust, or association) may be the other party to contracts entered into pursuant to Sections Section 4.1 and 4.2 above or Article VIIthe By-Laws of the Company, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.34.2.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Master Basic Value LLC)
Parties to Contract. Any contract of the character described in Sections Section 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trusteeTrustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections Section 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 1 contract
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Personcorporation, firm, trust or association, although one or more of the Trustees, Trustees or officers or employees of the Trust may be an officer, director, trusteeTrustee, shareholder, shareholder or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Lawslaws. The same Person person (including a firm, corporation, trust or association) may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons persons who are parties to any or all of the contracts mentioned in this Section section 4.3.
Appears in 1 contract
Parties to Contract. Any contract of the character described in Sections Section 4.1 and 4.2 of this Article IV or in Article VII hereof the By-Laws of the Company may be entered into with any Personcorporation, firm, trust or association, although one or more of the Trustees, Directors or officers or employees of the Trust Company may be an officer, director, trustee, shareholder, or member of such other party to the contract, ; and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust Company under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person (including a firm, corporation, trust, or association) may be the other party to contracts entered into pursuant to Sections Section 4.1 and 4.2 above or Article VIIthe By-Laws of the Company, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.34.2.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Master Institutional Money Market LLC)
Parties to Contract. Any contract of the character described in Sections Section 4.1 and 4.2 of this Article IV or in Article VII hereof the By-Laws of the Company may be entered into with any Personcorporation, firm, trust or association, although one or more of the Trustees, Directors or officers or employees of the Trust Company may be an officer, director, trusteemanager, shareholder, or member of such other party to the contract, ; and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust Company under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, ; provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person (including a firm, corporation, trust, or association) may be the other party to contracts entered into pursuant to Sections Section 4.1 and 4.2 above or Article VIIthe By-Laws of the Company, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.34.2.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Master Focus Growth LLC)
Parties to Contract. Any contract agreement of the character described in Sections 4.1 and 4.2 of this Article IV 4.1, 4.2, 6.7 or in Article VII hereof may be entered into with any Personperson, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contractagreement, and no such contract agreement shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract agreement or accountable for any profit realized directly or indirectly therefrom, ; provided that such relationship has been disclosed to the contract when entered Trustees in all material respects prior to such time as the Trust enters into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Lawsagreement. The same Person person may be the other party to contracts agreements entered into pursuant to Sections 4.1 and 4.2 above 4.1, 4.2, 6.7 or Article VII, and any individual may be financially interested or otherwise affiliated with Persons persons who are parties to any or all of the contracts agreements mentioned in this Section 4.3.
Appears in 1 contract
Samples: Trust Agreement (Little Harbor MultiStrategy Composite Fund)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article 12 VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 1 contract
Parties to Contract. Any contract of the character described in ---- ------------------- Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Personcorporation, firm, trust or association, although one or more of the Trustees, Trustees or officers or employees of the Trust may be an officer, director, trusteeTrustee, shareholder, shareholder or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person person (including a firm, corporation, trust or association) may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Pacific Select Fund)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by SCHEDULE B reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Blackrock Florida Municipal 2020 Term Trust)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Personcorporation, firm, trust or association, although one or more of the Trustees, Trustees or officers or employees of the Trust may be an officer, director, trusteeTrustee, shareholder, shareholder or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Lawslaws. The same Person person (including a firm, corporation, trust or association) may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 1 contract
Samples: Trust Agreement (Palladian Trust)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII VIII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-LawsBylaws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VIIVIII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Weiss Strategic Interval Fund)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article ARTICLE IV or in Article ARTICLE VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article ARTICLE IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article ARTICLE VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Highland Credit Strategies Fund)
Parties to Contract. Any contract of the character described in Sections 4.1 and 4.2 of this Article IV or in Article VII hereof may be entered into with any Person, although one or more of the Trustees, officers or employees of the Trust may be an officer, director, trustee, shareholder, or member of such other party SCHEDULE B to the contract, and no such contract shall be invalidated or rendered voidable by reason of the existence of any such relationship, nor shall any Person holding such relationship be liable merely by reason of such relationship for any loss or expense to the Trust under or by reason of said contract or accountable for any profit realized directly or indirectly therefrom, provided that the contract when entered into was reasonable and fair and not inconsistent with the provisions of this Article IV or the By-Laws. The same Person may be the other party to contracts entered into pursuant to Sections 4.1 and 4.2 above or Article VII, and any individual may be financially interested or otherwise affiliated with Persons who are parties to any or all of the contracts mentioned in this Section 4.3.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Blackrock Municipal 2020 Term Trust)