Common use of Shareholders Clause in Contracts

Shareholders. In case any Shareholder or former Shareholder of any Series shall be held to be personally liable solely by reason of his being or having been a Shareholder of such Series and not because of his acts or omissions or for some other reason, the Shareholder or former Shareholder (or his heirs, executors, administrators, or other legal representatives, or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled out of the assets belonging to the applicable Series to be held harmless from and indemnified against all loss and expense arising from such liability. The Trust, on behalf of the affected Series, shall assume, upon request by the Shareholder, the defense of any claim made against the Shareholder for any act or obligation of the Series and satisfy any judgment thereon from the assets of the Series.

Appears in 14 contracts

Samples: Agreement and Declaration of Trust (TCW ETF Trust), Agreement and Declaration of Trust (BlackRock ETF Trust II), Agreement and Declaration of Trust (Engine No. 1 ETF Trust)

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Shareholders. In case any Shareholder or former Shareholder of any Series shall be held to be personally liable solely by reason of his being or having been a Shareholder of such Series and not because of his acts or omissions or for some other reason, the Shareholder or former Shareholder (or his heirs, executors, administrators, administrators or other legal representatives, or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled out of the assets belonging to the applicable Series to be held harmless from and indemnified against all loss and expense arising from such liability. The Trust, on behalf of the affected Series, shall assumeshall, upon request by the Shareholder, assume the defense of any claim made against the Shareholder for any act or obligation of the Series and satisfy any judgment thereon from the assets of the Series.

Appears in 8 contracts

Samples: Agreement and Declaration of Trust (Cutler Trust), Trust Instrument (Credit Suisse Short Duration Bond Fund), Agreement and Declaration of Trust (Monarch Funds)

Shareholders. In case any Shareholder or former Shareholder of any Series shall be held to be personally liable solely by reason of his being or having been a Shareholder of such Series and not because of his acts or omissions or for some other reason, the Shareholder or former Shareholder (or his heirs, executors, administrators, administrators or other legal representatives, or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled out of the assets belonging to the applicable Series to be held harmless from and indemnified against all loss and expense arising from such liability. The Trust, on behalf of the affected Series, shall assumeshall, upon request by the Shareholder, assume the defense of any claim made against the Shareholder for any act or obligation of the Series and satisfy any judgment thereon from the assets of the Series.

Appears in 5 contracts

Samples: Trust Instrument (Fidelity Rutland Square Trust), Agreement and Declaration of Trust (Optimum Fund Trust), Agreement and Declaration of Trust (Optimum Fund Trust)

Shareholders. In case any Shareholder or former Shareholder of any Series shall be held to be personally liable solely by reason of his or her being or having been a Shareholder of such Series and not because of his or her acts or omissions or for some other reason, the Shareholder or former Shareholder (or his or her heirs, executors, administrators, or other legal representatives, or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled out of the assets belonging to the applicable Series to be held harmless from and indemnified against all loss and expense arising from such liability. The Trust, on behalf of the affected Series, shall assume, upon request by the Shareholder, the defense of any claim made against the Shareholder for any act or obligation of the Series and satisfy any judgment thereon from the assets of the Series.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (BlackRock Funds VI), Agreement and Declaration of Trust (Barclays Global Investors Funds), Agreement and Declaration of Trust (Barclays Foundry Investment Trust)

Shareholders. In case any Shareholder or former Shareholder of any Series shall be held to be personally liable solely by reason of his or her being or having been a Shareholder of such Series and not because of his or her acts or omissions or for some other reason, the Shareholder or former Shareholder (or his or her heirs, executors, administrators, administrators or other legal representatives, or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled out of the assets belonging to the applicable Series to be held harmless from and indemnified against all loss and expense arising from such liability. The Trust, on behalf of the affected Series, shall assumeshall, upon request by the Shareholder, assume the defense of any claim made against the Shareholder for any act or obligation of the Series and satisfy any judgment thereon from the assets of the Series.

Appears in 2 contracts

Samples: Trust Instrument (Fidelity Cherry Street Trust), Trust Instrument (Fidelity Cherry Street Trust)

Shareholders. In case any Shareholder or former Shareholder of any Series shall be held to be personally liable solely by reason of his being or having been a Shareholder of such Series and not because of his acts or omissions or for some other reason, the Shareholder or former Shareholder (or his heirs, executors, administrators, administrators or other legal representatives, or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled out of the assets belonging to the applicable Series to be held harmless from and indemnified against all loss and expense arising from such liability. The Trust, on behalf of the affected Series, shall assumeshall, upon request by the Shareholder, assume the defense of any claim made against the Shareholder for any act or obligation of the Series and satisfy any judgment thereon from the assets of the Series.. ARTICLE XI MISCELLANEOUS SECTION

Appears in 2 contracts

Samples: Proxy Statement (Victory Portfolios), Proxy Statement (Victory Portfolios)

Shareholders. In case any Shareholder or former Shareholder of ------------- ------------ any Series shall be held to be personally liable solely by reason of his being or having been a Shareholder of such Series and not because of his acts or omissions or for some other reason, the Shareholder or former Shareholder (or his heirs, executors, administrators, or other legal representatives, or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled out of the assets belonging to the applicable Series to be held harmless from and indemnified against all loss and expense arising from such liability. The Trust, on behalf of the affected Series, shall assume, upon request by the Shareholder, the defense of any claim made against the Shareholder for any act or obligation of the Series and satisfy any judgment thereon from the assets of the Series.

Appears in 2 contracts

Samples: Trust Agreement (Ishares Trust), Trust Agreement (Ishares Trust)

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Shareholders. In case any Shareholder or former Shareholder of any Series shall be held to be personally liable solely by reason of his being or having been a Shareholder of such Series and not because of his acts or omissions or for some other reason, the Shareholder or former Shareholder (or his heirs, executors, administrators, administrators or other legal representatives, or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled out of the assets belonging to the applicable Series to be held harmless from and indemnified against all loss and expense arising from such liabilityliability but only out of the assets belonging to the particular Series of which such person is or was a Shareholder and from or in relation to which such liability arose. The Trust, on behalf of the affected Series, shall assumeshall, upon request by the Shareholder, assume the defense of any claim made against the Shareholder for any act or obligation of the such Series and satisfy any judgment thereon from the assets of the Seriessuch Series only.

Appears in 1 contract

Samples: Trust Instrument (Conestoga Funds)

Shareholders. In case If any Shareholder or former Shareholder of any Series shall be held to be personally liable solely by reason of his or her being or having been a Shareholder of such Series and not because of his or her acts or omissions or for some other reason, the Shareholder or former Shareholder (or his or her heirs, executors, administrators, administrators or other legal representatives, or, representatives or in the case of a corporation or other any entity, its corporate or other general successor) shall be entitled out of the assets belonging to the applicable Series to be held harmless from and indemnified against all loss and expense arising from such liability. The Trust, on behalf of the affected Series, shall assumeshall, upon request by the such Shareholder, assume the defense of any claim made against the such Shareholder for any act or obligation of the Series and satisfy any judgment thereon from the assets of the Series.

Appears in 1 contract

Samples: Trust Instrument (Valenzuela Capital Trust)

Shareholders. In case any Shareholder or former Shareholder of any Series shall be held to be personally liable solely by reason of his being or having been a Shareholder of such Series and not because of his acts or omissions or for some other reason, the Shareholder or former Shareholder (or his heirs, executors, administrators, or other legal representatives, or, in the case of a corporation or other entity, its corporate or other general successor) shall be entitled out of the assets belonging to the applicable Series to be held harmless from and indemnified against all loss and expense arising from such liability. The Trust, on behalf of the affected Series, shall assume, upon request by the such Shareholder or former Shareholder, the defense of any claim made against the Shareholder him for any act or obligation of the Series and satisfy any judgment thereon from the assets of belonging to the Series.

Appears in 1 contract

Samples: Trust Agreement (Guinness Atkinson ETF Trust)

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