Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII or clauses (x) or (y) of Section 2 of this Article VIII, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.
Appears in 69 contracts
Samples: Agreement and Declaration of Trust (DoubleLine Shiller CAPE Enhanced Income Fund), Agreement and Declaration of Trust (DoubleLine Shiller CAPE Enhanced Income Fund), Agreement and Declaration of Trust (DoubleLine Shiller CAPE Enhanced Income Fund)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII or clauses (x) or (y) of Section 2 of this Article VIII, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s 's office.. Indemnification Not Exclusive
Appears in 26 contracts
Samples: Agreement and Declaration of Trust (AllianzGI Artificial Intelligence & Technology Opportunities Fund), Agreement and Declaration of Trust (Pimco High Income Fund), Agreement and Declaration of Trust (Pimco Corporate Opportunity Fund)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII or clauses (x) or (y) of Section 2 of this Article VIII, the majority of the Trustees who are disinterested Trustees persons and who are not Interested Persons of the Trust acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.
Appears in 11 contracts
Samples: Agreement and Declaration of Trust (Baseline CRE Income Fund), Agreement and Declaration of Trust (PIMCO Municipal Credit Income Fund), Agreement and Declaration of Trust (PIMCO California Flexible Municipal Income Fund)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII or clauses (xa) or (yb) of Section 2 of this Article VIII, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence negligence, or reckless disregard of the duties involved in the conduct of such Covered Person’s office.
Appears in 10 contracts
Samples: Trust Agreement (MassMutual Advantage Funds), Agreement and Declaration of Trust (MML Series Investment Fund II), Agreement and Declaration of Trust (MML Series Investment Fund)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 3 of this Article VIII VII or clauses (x) or (y) of Section 2 4 of this Article VIIIVII, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.
Appears in 6 contracts
Samples: Agreement and Declaration of Trust (Ashmore Funds), Trust Agreement (Ashmore Funds), Trust Agreement (Allianz Funds Multi-Strategy Trust)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 5.3 of this Article VIII V or clauses (xa) or (yb) of Section 2 5.4 of this Article VIIIV, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence negligence, or reckless disregard of the duties involved in the conduct of such Covered Person’s office.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (83 Investment Group Income Fund), Agreement and Declaration of Trust (83 Investment Group Income Fund), Agreement and Declaration of Trust (Carlyle AlpInvest Private Equity Opportunities Fund)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII 4.1 or clauses (x) or (y) of Section 2 of this Article VIII4.2, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.
Appears in 3 contracts
Samples: By Laws (Gmo Trust), By Laws (Gmo Trust), By Laws (Gmo Trust)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII or clauses (x) or (y) of Section 2 of this Article VIII, the majority of the disinterested Trustees of the Trust acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (Westchester Capital Funds), Agreement and Declaration of Trust (DoubleLine Equity Funds), Trust Agreement (Westchester Capital Funds)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII or clauses (x) or (y) of Section 2 of this Article VIII, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (GMO Series Trust), Agreement and Declaration of Trust (GMO Series Trust)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII or clauses (x) or (y) of Section 2 of this Article VIII, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon afforded a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s 's office.. Indemnification Not Exclusive
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Pimco Municipal Income Fund)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article ARTICLE VIII or clauses (x) or (y) of Section 2 of this Article ARTICLE VIII, the majority of the Trustees who are disinterested Trustees persons and who are not Interested Persons of the Trust acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (PIMCO Dynamic Income Opportunities Fund)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII IX or clauses (x) or (y) of Section 2 of this Article VIIIIX, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s 's office.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Homestead Funds Trust)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII or clauses (x) or (y) of Section 2 of this Article VIII, the majority of Trustees who are disinterested Trustees persons and who are not Interested Persons of the Trust acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.
Appears in 1 contract
Samples: Trust Agreement (Old Mutual Tax-Advantaged Equity Income Fund)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII or clauses (x) or (y) of Section 2 of this Article VIII, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.. Indemnification Not Exclusive
Appears in 1 contract
Samples: Agreement and Declaration of Trust
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII IX or clauses (x) or (y) of Section 2 of this Article VIIIIX, the majority of the Trustees who are disinterested Trustees persons and who are not Interested Persons of the Trust acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Baseline CRE Income Fund)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII 4.1 or clauses (x) or (y) of Section 2 of this Article VIII4.2, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s 's office.
Appears in 1 contract
Samples: By Laws (Gmo Trust)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII or clauses (x) or (y) of Section 2 of this Article VIII, the majority of AMENDED AND RESTATED DECLARATION OF TRUST disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s office.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (PIMCO Dynamic Credit Income Fund)
Rebuttable Presumption. For purposes of the determination or opinion referred to in clause (c) of Section 1 of this Article VIII IX or clauses (x) or (y) of Section 2 of this Article VIIIIX, the majority of disinterested Trustees acting on the matter or independent legal counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Covered Person has not engaged in willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of such Covered Person’s 's office.. -15-
Appears in 1 contract
