Protection of Trustees. The Trustees shall be protected in acting upon any notice, credential, certificate, assignment, or other document or instrument believed by the Trustees to be genuine and to be signed by the proper party or parties.
Protection of Trustees. The obligations of this Agreement are not binding upon any of the Trustees or investors of the Fund individually, but bind only the trust estate of the Fund and not the assets of any other series of the Trust.
Protection of Trustees. (a) This Agreement is executed by the Trustees of the Master Trust not individually, but as Trustees under the Declaration of Trust of the Master Trust dated as of September 1, 1995, and the obligations of this Agreement are not binding upon any of such Trustees individually.
(b) This Agreement is executed by the Trustees of the OMEGA Fund not individually, but as Trustees under the Declaration of Trust of the OMEGA Fund dated as of September 1, 1995, and the obligations of this Agreement are not binding upon any of such Trustees or on the shareholders of the OMEGA Fund individually, but bind only the trust estate of the OMEGA Fund.
Protection of Trustees. By way of supplement to the provisions of any law for the time being relating to trustees, it is expressly declared and agreed as follows:
(a) the recitals contained herein and in the Securities, except the Trustees’ certificates of authentication, shall be taken as the statements of the Corporation, and neither the Trustees nor any Authenticating Agent shall be liable for or assume any responsibility for their correctness;
(b) no Trustee makes any representation as to, or shall be liable for, the validity or sufficiency of this Indenture or of the Securities;
(c) no Trustee nor any Authenticating Agent shall be accountable for the use or application by the Corporation of any of the Securities or of the proceeds thereof;
(d) nothing herein contained shall impose any obligation on a Trustee to see or to require evidence of registration or filing (or renewals thereof) of this Indenture or any instrument ancillary or supplemental hereto;
(e) a Trustee shall not be bound to give any notice of the execution hereof;
(f) a Trustee shall not incur any liability or responsibility whatever or be in any way responsible for the consequence of any breach on the part of the Corporation of any of the covenants herein contained or of any act of the agents or servants of the Corporation; and
(g) the Corporation shall indemnify each Trustee and each Agent, and the directors, officers and employees of each Trustee and each Agent, for, and hold each such Person harmless against, any claim, loss, liability or expense incurred without negligence or bad faith (as determined by a court of competent jurisdiction from which no appeal may be taken) on the part of such Trustee or such Agent, as the case may be, arising out of or in connection with the acceptance or administration of the trust or trusts hereunder or the performance of its duties hereunder, including the costs and expenses of defending itself against any claim or liability in connection with the exercise or performance of any of its powers or duties hereunder. The obligation under this Section 6.03(g) shall survive the satisfaction and discharge of this Indenture and the earlier resignation or removal of such Trustee or such Agent.
Protection of Trustees. Subject to Section 15.1(d), the Trustees:
(a) shall not at any time be under any duty or responsibility to any Debentureholder to determine whether any facts exist which may require any adjustment in the Conversion Price, or with respect to the nature or extent of any such adjustment when made, or with respect to the method employed in making the same;
(b) shall not be accountable with respect to the validity or value (or the kind or amount) of any Common Shares or of any shares or other securities or property which may at any time be issued or delivered upon the conversion of any Debenture; and
(c) shall not be responsible for any failure of the Corporation to make any cash payment or to issue, transfer or deliver Common Shares or share certificates upon the surrender of any Debenture for the purpose of conversion, or to comply with any of the covenants contained in this Article 6.
Protection of Trustees. (a) Neither the Trustees nor any individual Trustee shall be liable for any error of judgement or for any loss arising out of any act or omission in the execution of their duties so long as they act in good faith and without gross negligence; nor shall any Trustee, in the absence of his own wilful misconduct, bad faith or negligence, be personally liable for the acts or omissions (whether preformed at the request of the Trustee or not) of any other Trustee, or of any agent or solicitor elected or appointed by or acting for Trustees.
(b) The Trustees shall not be liable for the application of any part of the Trust Fund if payments are made in accordance with the terms of the Trust Agreement. All persons dealing with the Trustees are released from enquiry into the decision or authority of the Trustees and from seeing to the application of any monies, securities or other property paid or delivered to the Trustees and may rely upon any document required to be executed by the Trustees and which has been executed as provided herein, as having been duly authorized.
Protection of Trustees. (1) No Trustee shall be liable for any acts or omissions not due to his own wilful neglect or default. It shall not be obligatory upon the Trustees to see that any contributions or other moneys payable to them under the Scheme are in fact paid.
(2) Without limiting the generality of sub-clause (1):
(a) the Trustees shall not be liable for any loss arising from the fact that they have delegated any of their powers, duties and discretions under the Trust Deed;
(b) the Trustees are entitled to all the indemnities which the law gives to trustees;
(c) the Trustees shall not be liable for acting on any professional advice they may obtain;
(d) the Trustees shall not be liable for any loss arising from following the Member's request or instructions regarding the investment of any part of the Fund.
Protection of Trustees. Each Trustee is hereby irrevocably appointed (and the successive respective Holders of the Securities by taking and holding the same shall be conclusively deemed to have so appointed each Trustee) the true and lawful attorney-in-fact of the respective Holders of such Securities with authority to do and perform any and all such acts contemplated by clauses (a) and (b) of this Section for and on behalf of such Holders as may be necessary or advisable in the opinion of such Trustee. Subject to the provisions of Article Seven –
Protection of Trustees. This Agreement is executed and made by the trustees of the Master Trust and not individually, but as trustees under the Declaration of Trust dated as of September 1, 1995, and the obligations of this Agreement are not binding upon any of such trustees individually.
Protection of Trustees. All indemnities and protections granted to the Trustees under the Trust Deed shall continue to run in favour of any Trustee who is no longer holding the office of Trustee in respect of any losses, claims, damages, expenses, guarantees or such other matters which arose at such time as he/she was a Trustee in the same manner as though he/she were still a Trustee and as though the indemnities and protections granted to Trustees under the Trust Deed are still and always enforced.
