Series Trust. The Trust is a series trust pursuant to Sections 3804(a) and 3806(b)(2) of the Statutory Trust Act. The Units of the Trust shall be divided into series, each a Fund, as provided in Section 3806(b)(2) of the Delaware Trust Statute. Separate and distinct records shall be maintained for each Fund and the assets associated with a Fund shall be held in such separate and distinct records (directly or indirectly, including a nominee or otherwise) and accounted for in such separate and distinct records separately from the assets of any other Fund. The use of the terms “Trust”, “Fund” or “series” in this Trust Agreement shall in no event alter the intent of the parties hereto that the Trust receive the full benefit of the limitation on inter-series liability as set forth in Section 3804 of the Delaware Trust Statute.
Series Trust. The Trust is a series trust pursuant to Sections 3804 and 3806(b)(2) of the Business Trust Statute, and each series shall be a separate series of the Trust within the meaning of Section 3806(b)(2) of the Business Trust Statute. As such, this Agreement is entered into only with respect to the Series of the Trust referred to in the Adoption Annex and the debts, liabilities, obligations, and expenses incurred, contracted for, or otherwise existing with respect to the Series referred to in the Adoption Annex shall be enforceable against the assets of the Series referred to in the Adoption Annex only, and not against the assets of the Trust generally, or the assets of any other series.
Series Trust. The Trust shall be a series trust and the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular series shall be enforceable against the assets of such series only, and not against the assets of the Trust generally.
Series Trust. By: ------------------------------------ Xxxxx X. Xxxx, President
Series Trust. By: /s/ James Ross ------------------------------------ James Ross, President
Series Trust. The Interests of the Trust shall be divided into Series as provided in Section 3806(b)(2) of the Business Trust Statute. Accordingly, it is the intent of the parties hereto that Articles IV, V, VI, VII, VIII, IX, X and XIII of this Trust Agreement shall apply also with respect to each such Series as if each such Series were a separate business trust under the Business Trust Act, and each reference to the term “Trust” in such Articles shall be deemed to be a reference to each Series to the extent necessary to give effect to the foregoing intent. The use of the terms “Trust” or “Series” in this Agreement shall in no event alter the intent of the parties hereto that the Trust receive the full benefit of the limitation on interseries liability as set forth in Section 3804 of the Business Trust Statute.
Series Trust. The Trust may issue series of beneficial interests, having separate rights, powers or duties with respect to property or obligations of the Trust, as provided in 12 Del. C. 3804 and 3806(b)(2), such that the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular series shall be enforceable against the assets of such series only, and not against the assets of the Trust generally.
Series Trust. The beneficial interest in the assets of the Trust shall be divided into designated series as provided in Section 3806(b)(2) of the Statutory Trust Statute (the segregated pool of assets belonging to each series, a “Sub-Trust”). Accordingly, it is the intent of the parties hereto that Articles II, IV and X of this Agreement shall apply also with respect to each such Sub-Trust as if each such Sub-Trust were a separate series of a statutory trust under the Statutory Trust Statute, and each reference to the term “Trust” in such Articles shall be deemed to be a reference to each such Sub-Trust to the extent necessary to give effect to the foregoing intent. The use of the terms “Trust” or “Sub-Trust” in this Agreement shall in no event alter the intent of the parties hereto that the Trust receive the full benefit of the limitation on interseries liability as set forth in Section 3804 of the Statutory Trust Statute.
Series Trust. By Party B, in respect of Party B only:
(i) Trust Validly Created. The Series Trust has been validly created and is in existence at the Trade Date of the first occurring Transaction.
Series Trust. The assets of the Trust shall be divided into designated series as provided in Section 3806(b)(2) of the Business Trust Statute (each series a "Sub-Trust"). Accordingly, it is the intent of the parties hereto that Articles II, IV and X of this Trust Agreement shall apply also with respect to each such Sub-Trust as if each such Sub-Trust were a separate business trust under the Business Trust Statute, and each reference to the term "Trust" in such Articles shall be deemed to be a reference to each such Sub-Trust to the extent necessary to give effect to the foregoing intent. The use of the terms "Trust" or "Sub-Trust" in this Agreement shall in no event alter the intent of the parties hereto that the Trust receive the full benefit of the limitation on interseries liability as set forth in Section 3804 of the Business Trust Statute.
