Trustee Action. The exercise by the Trustees of their powers and discretion hereunder in good faith and with reasonable care under the circumstances then prevailing shall be binding upon everyone interested. Subject to the provisions of Article IV, the Trustees shall not be liable for errors of judgment or mistakes of fact or law.
Appears in 136 contracts
Samples: Agreement and Declaration of Trust (Calamos Convertible Opportunities & Income Fund), Agreement and Declaration of Trust (Calamos Strategic Total Return Fund), Agreement and Declaration of Trust (Calamos Global Total Return Fund)
Trustee Action. The exercise by the Trustees of their powers and discretion discretions hereunder in good faith and with reasonable care under the circumstances then prevailing shall be binding upon everyone interested. Subject to the provisions of Article IVX hereof and to Section 11.01 of this Article XI, the Trustees shall not be liable for errors of judgment or mistakes of fact or law.
Appears in 6 contracts
Samples: Agreement and Declaration of Trust (Ishares Trust), Amended Agreement and Declaration of Trust (Ziegler Exchange Traded Trust), Trust Agreement (Exchange Traded Trust)
Trustee Action. The exercise by the Trustees of their powers and discretion discretions hereunder in good faith and with reasonable care under the circumstances then prevailing shall be binding upon everyone interested. Subject to the provisions of Article IVX hereof and to Section 11.1 of this Article XI, the Trustees shall not be liable for errors of judgment or mistakes of fact or law.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (BlackRock ETF Trust), Trust Agreement (BlackRock Collateral Trust), Trust Agreement (iShares U.S. ETF Trust)
Trustee Action. The exercise by the Trustees of their powers and discretion hereunder or under the By-laws in good faith and with reasonable care under the circumstances then prevailing shall be binding upon everyone interested. Subject to the provisions of Article IV, the Trustees shall not be liable for errors of judgment or mistakes of fact or law.
Appears in 5 contracts
Samples: Agreement and Declaration of Trust (Pioneer Floating Rate Trust), Agreement and Declaration of Trust (Pioneer Municipal High Income Advantage Trust), Agreement and Declaration of Trust (Pioneer High Income Trust)
Trustee Action. The exercise by the Trustees of their powers and discretion discretions hereunder in good faith and with reasonable care under the circumstances then prevailing shall be binding upon everyone interested. Subject to the provisions of Article IVX hereof and to Section 11.1 of this Article XI, the Trustees shall not be liable for errors of judgment or mistakes of fact or law.
Appears in 4 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)
Trustee Action. The exercise by the Trustees of their powers and discretion discretions hereunder in good faith and with reasonable care under the circumstances then prevailing shall be binding upon everyone interested. Subject to the provisions of Article IVIX hereof and to Section 10.01 of this Article X, the Trustees shall not be liable for errors of judgment or mistakes of fact or law.
Appears in 2 contracts
Samples: Agreement and Declaration of Trust (Us Global Investors Funds), Agreement and Declaration of Trust (AdvisorShares Trust)
Trustee Action. The exercise by the Trustees of their powers and discretion ------------- -------------- discretions hereunder in good faith and with reasonable care under the circumstances then prevailing shall be binding upon everyone interested. Subject to the provisions of Article IVX hereof and to Section 11.01 of this Article XI, the Trustees shall not be liable for errors of judgment or mistakes of fact or law.
Appears in 2 contracts
Samples: Trust Agreement (Ishares Trust), Trust Agreement (Ishares Trust)
Trustee Action. The exercise by the Trustees of their -------------- powers and discretion hereunder in good faith and with reasonable care under the circumstances then prevailing shall be binding upon everyone interested. Subject to the provisions of Article IV, the Trustees shall not be liable for errors of judgment or mistakes of fact or law.
Appears in 2 contracts
Samples: Trust Agreement (Goldman Sachs Variable Insurance Trust), Agreement and Declaration of Trust (Sun Capital Advisers Trust)
Trustee Action. The exercise by the Trustees of their powers -------------- and discretion hereunder in good faith and with reasonable care under the circumstances then prevailing shall be binding upon everyone interested. Subject to the provisions of Article IV, the Trustees shall not be liable for errors of judgment or mistakes of fact or law.
Appears in 1 contract
