PARTIES TO CONTRACTS WITH SERVICE PROVIDERS. Any contract of the character described in Sections 6.1, 6.2 and 6.3 of this Article VI or any contract of the character described in Article VIII of this Agreement may be entered into with any corporation, firm, partnership, trust or association, although one or more of the Trustees or officers 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 void or voidable by reason of the existence of any relationship, nor shall any person holding such relationship be disqualified from voting on or executing the same in his capacity as Shareholder and/or Trustee, 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 not inconsistent with the provisions of this Article VI or Article VIII of this Agreement or of the Bylaws. The same person (including a firm, corporation, partnership, trust, or association) may be the other party to contracts entered into pursuant to Sections 6.1, 6.2 and 6.3 of this Article VI or pursuant to Article VIII of this Agreement, 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 6.4.
Appears in 4 contracts
Samples: Agreement and Declaration of Trust (Optimum Fund Trust), Agreement and Declaration of Trust (Optimum Fund Trust), Agreement and Declaration of Trust (Optimum Fund Trust)
PARTIES TO CONTRACTS WITH SERVICE PROVIDERS. Any contract of the character described in Sections 6.16.01, 6.2 6.02, 6.03, 6.04 and 6.3 6.05 of this Article VI or any contract of the character described in Article VIII of this Agreement may be entered into with any corporation, firm, partnership, trust trust, or association, although one or more of the Trustees or officers 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 void or voidable by reason of the existence of any such relationship, nor shall any . No person holding such relationship shall be disqualified from voting on or executing the same in his capacity as Shareholder and/or Trustee, 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 not inconsistent with the provisions of this Article VI or Article VIII of this Agreement or of the BylawsBy-Laws. The same person (including a firm, corporation, partnership, trust, trust or association) may be the other party to contracts entered into pursuant to Sections 6.16.01, 6.2 6.02, 6.03, and 6.3 6.04 of this Article VI or pursuant to Article VIII of this AgreementVI, 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 6.46.05.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Us Global Investors Funds), Agreement and Declaration of Trust (AdvisorShares Trust)