Common use of Trustees, Shareholders, etc Clause in Contracts

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individually.

Appears in 25 contracts

Samples: Agreement and Declaration of Trust (RiverSource Variable Series Trust), Fourth Amended and Restated Agreement and Declaration of Trust (IXIS Advisor Funds Trust II), Agreement and Declaration of Trust (Loomis Sayles Funds I)

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Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series or class Series) shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth State of Massachusetts Ohio and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 19 contracts

Samples: Trust Agreement (Variable Insurance Trust), Trust Agreement (Unified Series Trust), Trust Agreement (Ameriprime Insurance Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit toThe Trustees, contracting with or having any claim against the Trust or any Series or class shall look only to the assets officers, employees and agents of the Trust, orin incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the be acting as Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, agents of the Trust and not in their own capacities. No Shareholder shall be personally liable therefor. Nothing subject to any personal liability whatsoever in tort, contract or otherwise to any other Person or Persons in connection with the assets or the affairs of the Trust or of any Series, and subject to Section 4 of this Declaration Article VII, no Trustee, officer, employee or agent of the Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason to any personal liability whatsoever in tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust or of any Series, save only that arising from his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office or the office discharge of Trusteehis or her functions. Every The Trust (or if the matter relates only to a particular Series, that Series) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Series in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such Series, and all Persons dealing with the Trust or any Series shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust (or if the matter relates only to a particular Series, that of such Series), for the payment or performance thereof. The Trustees may provide that every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration a Certificate of Trust in respect of the Trust is on file with the Secretary of State of the Commonwealth State of Massachusetts Delaware and shall may recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer, and not individually individually, and that the obligations of such any instrument made or issued by the Trustees or by any officer of officers of the Trust are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Series in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriate, but the be. The omission of any statement to such recital effect from such instrument shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or Shareholder individually, or to subject the assets of any Series to the obligations of any other person individuallySeries.

Appears in 16 contracts

Samples: Agreement and Declaration of Trust (Evergreen Utilities & High Income Fund), Agreement and Declaration of Trust (Evergreen Income Opportunity Fund), Declaration of Trust (Met Investors Series Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth State of Massachusetts Ohio and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 13 contracts

Samples: Agreement and Declaration of Trust (Hussman Investment Trust), Agreement and Declaration of Trust (Uc Investment Trust), Trust Agreement (Schwartz Investment Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individually.

Appears in 11 contracts

Samples: Agreement and Declaration of Trust (IXIS Advisor Funds Trust IV), Agreement and Declaration of Trust (Baillie Gifford Funds), Trust Agreement (State Street Institutional Investment Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class Class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series (or attributable the assets allocable to a particular classClass), only to the assets belonging to the relevant Series (or attributable allocable to the relevant classClass), for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officers or officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officers or officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series (or attributable allocable to the class Class) for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made made, or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officers or officer or officers or Shareholders or any other person individually.

Appears in 11 contracts

Samples: Agreement and Declaration of Trust (Gmo Trust), Agreement and Declaration of Trust (Gmo Trust), Agreement and Declaration of Trust (Gmo Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit toThe Trustees, contracting with or having any claim against the Trust or any Series or class shall look only to the assets officers, employees and agents of the Trust, orin incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the be acting as Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, agents of the Trust and not in their own capacities. No Shareholder shall be personally liable therefor. Nothing subject to any personal liability whatsoever in this Declaration tort, contract or otherwise to any other Person or Persons in connection with the assets or the affairs of the Trust or of any Series, and subject to Section 8.5 hereof, no Trustee, officer, employee or agent of the Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason to any personal liability whatsoever in tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust or of any Series, save only that arising from his own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his office or the office discharge of Trusteehis functions. Every The Trust (or if the matter relates only to a particular Series, that Series) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Series in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such Series, and all Persons dealing with the Trust or any Series shall be deemed to have agreed that resort shall be had solely to the Trust Property or the assets of such Series, as the case may be, for the payment or performance thereof. The Trustees shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this a Certificate of Trust, referring to the Declaration of Trust Trust, is on file with the Secretary of State of the Commonwealth State of Massachusetts Delaware and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer, and not individually individually, and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Series in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or Shareholder individually, or to subject the assets of any Series to the obligations of any other person individuallySeries. No Trustee who has been determined to be an “audit committee financial expert” (for purposes of Section 407 of the Sxxxxxxx-Xxxxx Act of 2002 or any successor provision thereto) by the Board of Trustees shall be subject to any greater liability or duty of care in discharging such Trustee’s duties and responsibilities by virtue of such determination than is any Trustee who has not been so designated.

Appears in 7 contracts

Samples: Agreement and Declaration of Trust (Palmer Square Opportunistic Income Fund), Trust Agreement (Chartwell Funds), Agreement and Declaration of Trust (Palmer Square Opportunistic Income Fund)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; Notice. NOTICE All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular classSeries, only to the assets belonging to the relevant Series or attributable to the relevant classSeries, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of or willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any an officer or officers or otherwise shall give may include a notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall may recite that the same note, bond, contract, instrument, certificate, or undertaking was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, contract instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individually.

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (American Century Municipal Trust), Agreement and Declaration of Trust (American Century Investment Trust), Agreement and Declaration of Trust (American Century Government Income Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit toThe Trustees, contracting with or having any claim against the Trust or any Series or class shall look only to the assets officers, employees and agents of the Trust, orin incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the be acting as Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, agents of the Trust and not in their own capacities. No Shareholder shall be personally liable therefor. Nothing subject to any personal liability whatsoever in tort, contract or otherwise to any other Person or Persons in connection with the assets or the affairs of the Trust or of any Series, and subject to Section 4 of this Declaration Article VII, no Trustee, officer, employee or agent of the Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason to any personal liability whatsoever in tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust or of any Series, save only that arising from his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his or her office or the office discharge of Trusteehis or her functions. Every noteThe Trust (or if the matter relates only to a particular Series, bondthat Series) shall be solely liable for any and all debts, contractclaims, instrumentdemands, certificate judgments, decrees, liabilities or undertaking made obligations of any and every kind, against or issued on behalf of with respect to the Trust by the Trusteesor such Series in tort, by any officer or officers contract or otherwise shall give notice that this Declaration of Trust is on file in connection with the Secretary of assets or the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf affairs of the Trust or such Series, and all Persons dealing with the Trust or any Series shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust (or if the matter relates only to a particular Series, that of such Series), for the payment or performance thereof. The obligations of any instrument made or issued by them as Trustee or the Trustees or as by any officer or of officers or otherwise and not individually and that of the obligations of such instrument Trust are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Series in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriate, but the be. The omission of any statement to such recital effect from such instrument shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or Shareholder individually, or to subject the assets of any Series to the obligations of any other person individuallySeries.

Appears in 6 contracts

Samples: Trust Agreement (Evergreen Money Market Trust), Trust Agreement (Evergreen Municipal Trust /De/), Trust Agreement (Evergreen Select Fixed Income Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. Notice All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular classSeries, only to the assets belonging to the relevant Series or attributable to the relevant classSeries, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of or willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any an officer or officers or otherwise shall give may include a notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall may recite that the same note, bond, contract, instrument, certificate, or undertaking was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, contract instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individually.

Appears in 6 contracts

Samples: Agreement and Declaration of Trust (American Century Investment Trust), Amended and Restated Agreement and Declaration of Trust (American Century International Bond Funds), Agreement and Declaration of Trust (American Century California Tax Free & Municipal Funds)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series or class Series) shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth State of Massachusetts Ohio and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 5 contracts

Samples: Trust Agreement (Gateway Variable Insurance Trust), Agreement and Declaration of Trust (Alpha Analytics Investment Trust), Agreement and Declaration of Trust (James Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, ------------------------------------------------------------- contracting with or having any claim against the Trust or any Series series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series series or attributable to a particular class, only to the assets belonging to the relevant Series series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing The Board of Trustees shall not be responsible or liable in this Declaration any event for any neglect or wrongdoing of Trust any officer, agent, employee, investment adviser or principal underwriter of the Trust, nor shall any Trustee be responsible for the act or omission of any other Trustee, but nothing herein shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officer Trustees or Trustee or by any officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series series or attributable to the class for the benefit of to which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issuedsuch instrument relates, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital thereof shall not operate to bind any Trustee or Trustees or officer Trustee or officers or officer, or Shareholders or Shareholder individually. Every note, bond, contract, instrument, certificate, share or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Board of Trustees or any other person individuallyof them in connection with the Trust shall be conclusively deemed to have been executed or done only in or with respect to their or his capacity as Trustees or Trustee, and such Trustees or Trustee shall not be personally liable thereon.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (Liberty Stein Roe Funds Municipal Trust), Agreement and Declaration of Trust (Liberty Stein Roe Funds Income Trust), Agreement and Declaration of Trust (Liberty Stein Roe Funds Income Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. No Trustee, officer, employee or agent of the Trust shall be subject to any personal liability whatsoever to any person in connection with Trust property or the affairs of the Trust; and all persons shall look solely to the Trust property for satisfaction of claims of any nature arising in connection with the affairs of the Trust. No Shareholder or former Shareholder shall be subject to any personal liability whatsoever to any person in connection with Trust property or the acts, obligations or affairs of the Trust solely by reason of being or having been a Shareholder. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every written note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth State of Massachusetts Ohio and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 4 contracts

Samples: Trust Agreement (Centurion Investment Trust), Agreement and Declaration of Trust (Guerite Funds), Trust Agreement (RAM Funds)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; Notice. NOTICE All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular classSeries, only to the assets belonging to the relevant Series or attributable to the relevant classSeries, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful or wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any an officer or officers or otherwise shall give may include a notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall may recite that the same note, bond, contract, instrument, certificate, or undertaking was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, contract instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individually.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (American Century Municipal Trust), Agreement and Declaration of Trust (American Century Investment Trust), Agreement and Declaration of Trust (American Century International Bond Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth State of Massachusetts Ohio and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 4 contracts

Samples: Trust Agreement (Broadway Trust), Trust Agreement (Destination Funds), Investment Advisory Agreement (Pragma Investment Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-trust nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust or upon in question, as the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 4 contracts

Samples: Agreement and Declaration of Trust (Calamos Insurance Trust), Agreement and Declaration of Trust (Calamos Advisors Trust/Il), Agreement and Declaration of Trust (Calamos Investment Trust/Il)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE SECTION 1. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class a particular series of Shares shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to or the assets of a that particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, series of Shares for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issuedTrust, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or Shareholder individually. TRUSTEES' GOOD FAITH ACTION, EXPERT ADVICE; NO BOND OR SURETY SECTION 2. The exercise by the Trustees of their powers and discretion hereunder shall be binding upon everyone interested. A Trustee shall be liable for his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee, and for nothing else, and shall not be liable for errors of judgment or mistakes of fact or law. The Trustees may take advice of counsel or other experts with respect to the meaning and operation of this Declaration of Trust, and shall be under no liability for any other person individuallyact or omission in accordance with such advice or for failing to follow such advice. The Trustees shall not be required to give any bond as such, nor any surety if a bond is required.

Appears in 4 contracts

Samples: Trust Agreement (KP Funds), Agreement and Declaration of Trust (Arbor Fund), Trust Agreement (Arbor Fund)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class Class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series (or attributable the assets allocable to a particular classClass), only to the assets belonging to the relevant Series (or attributable allocable to the relevant classClass), for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officers or officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officers or officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series (or attributable allocable to the class Class) for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made made, or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officers or officer or officers or Shareholders or any other person individually.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Gmo Trust), Agreement and Declaration of Trust (Gmo Trust), Agreement and Declaration of Trust (Gmo Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-trust nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Nothing Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. The Trustees and the Trust's officers, employees and agents shall not be liable to the Trust or the Shareholders; provided however, that nothing in this Declaration of Trust shall protect any Trustee or officer, employee or agent against any liability to the Trust or the Shareholders to which such Trustee or officer, employee or agent would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer, employee or agent. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite officer may contain a statement that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust in question, as the case may be, but the omission thereof shall not operate to bind any Trustees or upon the assets belonging to the Series Trustee or attributable to the class for the benefit of which the Trustees have caused the officers or officer or Shareholders or Shareholder individually or otherwise invalidate any such note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individuallyundertaking.

Appears in 3 contracts

Samples: Master Trust Agreement (Victory Portfolios Iii), Master Trust Agreement (Usaa Mutual Funds Trust), Master Trust Agreement (Usaa Mutual Funds Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular classSeries, only to the assets belonging to the relevant Series or attributable to the relevant classSeries, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Board of Trustees, by any officers or officer or officers or otherwise shall give may include a notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall may recite that the same note, bond, contract, instrument, certificate or undertaking was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officers or officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or of any other person individually.

Appears in 3 contracts

Samples: Agreement and Declaration of Trust (Robertson Stephens Investment Trust), Agreement and Declaration of Trust (Robertson Stephens Investment Trust), Agreement and Declaration of Trust (Robertson Stephens Investment Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, Class with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Series or Class nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or of future, nor any other Series shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, and Series or Class or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Series or Class) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful wilful misfeasance, bad faith, gross negligence negligence, or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to the particular Series or attributable to Class in question, as the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustee or Trustees or officer Trustee or officers or officer of Shareholders or any other person Shareholder individually.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Rochester Fund Municipals), Agreement and Declaration of Trust (Rochester Fund Series)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular classSeries, only to the assets belonging to the relevant Series or attributable to the relevant classSeries, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officers or officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officers or officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officers or officer or officers or Shareholders or any other person individually.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (CGM Trust), Agreement and Declaration of Trust (CGM Capital Development Fund)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; Notice. NOTICE All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-trust nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Nothing Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. The Trustees and the Trust’s officers, employees and agents shall not be liable to the Trust or the Shareholders; provided however, that nothing in this Declaration of Trust shall protect any Trustee or officer, employee or agent against any liability to the Trust or the Shareholders to which such Trustee or officer, employee or agent would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer, employee or agent. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite officer may contain a statement that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust in question, as the case may be, but the omission thereof shall not operate to bind any Trustees or upon the assets belonging to the Series Trustee or attributable to the class for the benefit of which the Trustees have caused the officers or officer or Shareholders or Shareholder individually or otherwise invalidate any such note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individuallyundertaking.

Appears in 2 contracts

Samples: Master Trust Agreement (Usaa Mutual Funds Trust), Master Trust Agreement (Usaa Mutual Funds Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class a particular series of shares shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to or the assets of a that particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, series of shares for payment under such credit, contract or claim; and neither the Shareholders shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing The Board of Trustees shall not be responsible or liable in this Declaration any event for any neglect or wrongdoing of Trust any officer, agent, employee, investment adviser or principal underwriter of the Trust, nor shall any Trustee be responsible for the act or omission of any other Trustee, but nothing herein shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officer Trustees or Trustee or by any officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon of the assets belonging particular series of shares to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issuedsuch instrument relates, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital thereof shall not operate to bind any Trustee or Trustees or officer Trustee or officers or Shareholders officer, or shareholders or shareholder individually. Every note, bond, contract, instrument, certificate, share or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Board of Trustees or any other person individuallyof them in connection with the Trust shall be conclusively deemed to have been executed or done only in or with respect to their or his capacity as Trustees or Trustee, and such Trustees or Trustee shall not be personally liable thereon.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Steinroe Investment Trust), Agreement and Declaration of Trust (Steinroe Variable Investment Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. No Trustee, officer, employee or agent of the Trust shall be subject to any personal liability whatsoever to any person in connection with Trust property or the affairs of the Trust; and all persons shall look solely to the Trust property for satisfaction of claims of any nature arising in connection with the affairs of the Trust. No Shareholder or former Shareholder shall be subject to any personal liability whatsoever to any person in connection with Trust property or the acts, obligations or affairs of the Trust solely by reason of being or having been a Shareholder. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every written note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth State of Massachusetts Ohio and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Eubel Brady & Suttman Mutual Fund Trust), Agreement and Declaration of Trust (Ultimus Managers Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets The Trustees and officers of the Trust, orin incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to the extent that the liability be acting as Trustees or officers of the Trust may have been expressly limited by contract and not in their own capacities. No Shareholder shall be subject to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such creditany personal liability whatsoever in tort, contract or claim; and neither otherwise to any other Person or Persons in connection with the Shareholders nor assets or the Trustees, nor any affairs of the Trust's officersTrust or of any Portfolio, employees and subject to Section 8.4 hereof, no Trustee, officer, employee or agents, whether past, present or future, agent of the Trust shall be personally liable therefor. Nothing subject to any personal liability whatsoever in this Declaration tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust shall protect or of any Trustee against any liability to which such Trustee would otherwise be subject by reason of Portfolio, save only that arising from his own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his office or the office discharge of Trusteehis functions. Every The Trust (or if the matter relates only to a particular Portfolio, that Portfolio) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Portfolio in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such Portfolio, and all Persons dealing with the Trust or any Portfolio shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust or the Portfolio Assets of such Portfolio, as the case may be, for the payment or performance thereof. The Trustees shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer, and not individually individually, and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Portfolio in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or Shareholder individually, or to subject the Portfolio Assets of any Portfolio to the obligations of any other person individuallyPortfolio.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (White Elk Funds), Agreement and Declaration of Trust (White Elk Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Series nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Series shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Series or Class, or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Series or Class) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate certificate, share or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually individually, and that the obligations of such instrument bond, contract, instrument, certificate, share or undertaking are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Series in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Pimco Funds Equity Advisors Series), Agreement and Declaration of Trust (Pimco Advisors Institutional Funds)

Trustees, Shareholders, etc. Not Personally Liable; Liable Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets The Trustees and officers of the Trust, orin incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to the extent that the liability be acting as Trustees or officers of the Trust may have been expressly limited by contract and not in their own capacities. No Shareholder shall be subject to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such creditany personal liability whatsoever in tort, contract or claim; and neither otherwise to any other Person or Persons in connection with the Shareholders nor assets or the Trustees, nor any affairs of the Trust's officersTrust or of any Fund, employees and subject to Section 8.4 hereof, no Trustee, officer, employee or agents, whether past, present or future, agent of the Trust shall be personally liable therefor. Nothing subject to any personal liability whatsoever in this Declaration tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust shall protect or of any Trustee against any liability to which such Trustee would otherwise be subject by reason of Fund, save only that arising from his own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his office or the office discharge of Trusteehis functions. Every The Trust (or if the matter relates only to a particular Fund, that Fund) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Fund in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such Fund, and all Persons dealing with the Trust or any Fund shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust or the Fund Assets of such Fund, as the case may be, for the payment or performance thereof. The Trustees shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer, and not individually individually, and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Fund in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or Shareholder individually, or to subject the Fund Assets of any Fund to the obligations of any other person individuallyFund.

Appears in 2 contracts

Samples: Trust Agreement (Axp Special Tax-Exempt Series Trust), Trust Agreement (Axp California Tax-Exempt Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, Class with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Series or Class nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Series shall be personally liable therefortherefore. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Series or Class thereof, or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Series or Class) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate certificate, share or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to the particular Series or attributable to Class in question, as the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (GCG Trust), Agreement and Declaration of Trust (GCG Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. ---------------------------------------------------------- All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Series nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Series shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Series or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Series) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate certificate, share or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Series in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Pacific Select Fund), Agreement and Declaration of Trust (Pacific Select Fund)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-Trust nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Nothing Every note, bond, contract, instrument, certificate, or undertaking and every act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. The Trustees and the Trust's officers, employees and agents shall not be liable to the Trust or the Shareholders; provided however, that nothing in this Declaration of Trust shall protect any Trustee or officer, employee or agent against any liability to the Trust or the Shareholders to which such Trustee or officer, employee or agent would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer, employee or agent. Every note, bond, contract, instrument, certificate certificate, or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust in question, as the case may be, but the omission thereof shall not operate to bind any Trustees or upon the assets belonging to the Series Trustee or attributable to the class for the benefit of which the Trustees have caused the officers or officer or Shareholders or Shareholder individually or otherwise invalidate any such note, bond, contract, instrument, certificate certificate, or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individuallyundertaking.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Uam Funds Trust), Agreement and Declaration of Trust (LKCM Fund)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets The Trustees and officers of the Trust, orin incurring any debts, liabilities or obligations, or in taking or omitting any other actions for or in connection with the Trust, are or shall be deemed to the extent that the liability be acting as Trustees or officers of the Trust may have been expressly limited by contract and not in their own capacities. No Shareholder shall be subject to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such creditany personal liability whatsoever in tort, contract or claim; and neither otherwise to any other Person or Persons in connection with the Shareholders nor assets or the Trustees, nor any affairs of the Trust's officersTrust or of any Portfolio, employees and subject to Section 8.4 hereof, no Trustee, officer, employee or agents, whether past, present or future, agent of the Trust shall be personally liable therefor. Nothing subject to any personal liability whatsoever in this Declaration tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust shall protect or of any Trustee against any liability to which such Trustee would otherwise be subject by reason of Portfolio, save only that arising from his own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his office or the office discharge of Trusteehis functions. Every The Trust (or if the matter relates only to a particular Portfolio, that Portfolio) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Portfolio in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such Portfolio, and all Persons dealing with the Trust or any Portfolio shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust or the Portfolio Assets of such Portfolio, as the case may be, for the payment or performance thereof. The Trustees shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer, and not individually individually, and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Portfolio in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or Shareholder individually, or to subject the Portfolio Assets of any Portfolio to the obligations of any other person individuallyPortfolio.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Spectra Fund Inc), Agreement and Declaration of Trust (Alger Retirement Fund)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or ------------------------------------------------------------- having any claim against the Trust or any Series series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series series or attributable to a particular class, only to the assets belonging to the relevant Series series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing The Board of Trustees shall not be responsible or liable in this Declaration any event for any neglect or wrongdoing of Trust any officer, agent, employee, investment adviser or principal underwriter of the Trust, nor shall any Trustee be responsible for the act or omission of any other Trustee, but nothing herein shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officer Trustees or Trustee or by any officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series series or attributable to the class for the benefit of to which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issuedsuch instrument relates, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital thereof shall not operate to bind any Trustee or Trustees or officer Trustee or officers or officer, or Shareholders or Shareholder individually. Every note, bond, contract, instrument, certificate, share or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Board of Trustees or any other person individuallyof them in connection with the Trust shall be conclusively deemed to have been executed or done only in or with respect to their or his capacity as Trustees or Trustee, and such Trustees or Trustee shall not be personally liable thereon.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Liberty Stein Roe Funds Investment Trust), Agreement and Declaration of Trust (Liberty Stein Roe Funds Investment Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular classSeries, only to the assets belonging to the relevant Series or attributable to the relevant classSeries, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, agents whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of or willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officers or officer or officers or otherwise shall give may include a notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall may recite that the same note, bond, contract, instrument, certificate, or undertaking was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officers or officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, instrument certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individually.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (California Investment Trust Ii), Agreement and Declaration of Trust (California Investment Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-Trust nor the Trustees, Trustees nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust or upon in question, as the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 2 contracts

Samples: Master Trust Agreement (Sierra Trust Funds), Master Trust Agreement (BJB Investment Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individually.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (Natixis ETF Trust II), Trust Agreement (Natixis ETF Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. Notice All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular classSeries, only to the assets belonging to the relevant Series or attributable to the relevant classSeries, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful or wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any an officer or officers or otherwise shall give may include a notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall may recite that the same note, bond, contract, instrument, certificate, or undertaking was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, contract instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individually.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (American Century Target Maturities Trust), Agreement and Declaration of Trust (American Century California Tax Free & Municipal Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-Trust nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust or upon in question, as the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 2 contracts

Samples: Trust Agreement (Stockjungle Com), Master Trust Agreement (Smith Barney Multiple Discipline Account Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular classSeries, only to the assets belonging to the relevant Series or attributable to the relevant classSeries, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officers or officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officers or officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officers or officer or officers or Shareholders or any other person individually.

Appears in 2 contracts

Samples: Agreement and Declaration of Trust (CDC Nvest Cash Management Trust), Agreement and Declaration of Trust (CDC Nvest Tax Exempt Money Market Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; , and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only in or with respect to their or his capacity as Trustees or Trustee, and such Trustees or Trustee shall not be personally liable thereon. Notwithstanding the foregoing, nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issuedTrust, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital thereof shall not operate to bind any Trustee or Trustees or officer or officers or Shareholder or Shareholders or any other person individually.

Appears in 2 contracts

Samples: Trust Agreement (Hancock John Patriot Premium Dividend Fund Ii), Agreement and Declaration of Trust (Hancock John Patriot Premium Dividend Fund Ii)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons Persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular classSeries, only to the assets belonging to the relevant Series or attributable to the relevant classSeries, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Board of Trustees, by any officers or officer or officers or otherwise shall give may include a notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall may recite that the same note, bond, contract, instrument, certificate, or undertaking was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officers or officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individually.

Appears in 2 contracts

Samples: Trust Agreement (Franklin Balance Sheet Investment Fund), Agreement and Declaration of Trust (Franklin Government Securities Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, Class with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Series or Class nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Series shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, and Series or Class or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Series or Class) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful wilful misfeasance, bad faith, gross negligence negligence, or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to the particular Series or attributable to Class in question, as the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustee or Trustees or officer Trustee or officers or officer of Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Rochester Portfolio Series)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets The Trustees and officers of the Trust, orin incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to the extent that the liability be acting as Trustees or officers of the Trust may have been expressly limited by contract and not in their own capacities. No Shareholder shall be subject to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such creditany personal liability whatsoever in tort, contract or claim; and neither otherwise to any other Person or Persons in connection with the Shareholders nor assets or the Trustees, nor any affairs of the Trust's officersTrust or of any Fund, employees and subject to Section 8.4 hereof, no Trustee, officer, employee or agents, whether past, present or future, agent of the Trust shall be personally liable therefor. Nothing subject to any personal liability whatsoever in this Declaration tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust shall protect or of any Trustee against any liability to which such Trustee would otherwise be subject by reason of Fund, save only that arising from his own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his office or the office discharge of Trusteehis functions. Every The Trust (or if the matter relates only to a particular Fund, that Fund) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Fund in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such Fund, and all Persons dealing with the Trust or any Fund shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust or the Fund Assets of such Fund, as the case may be, for the payment or performance thereof. The Trustees shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer, and not individually individually, and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Fund in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or Shareholder individually, or to subject the Fund Assets of any Fund to the obligations of any other person individuallyFund.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Alliance Municipal Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. -------------------------------------------------------------------------- All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series or class Series) shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth State of Massachusetts Ohio and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (TRade Union Equity Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; : and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall be construed to give notice that this Declaration of Trust is on file with the Secretary of State of the Commonwealth of Massachusetts Kentucky and shall may recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Dupree Mutual Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-trust nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust or upon in question, as the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (CFS Investment Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets The Trustees and officers of the Trust, orin incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to the extent that the liability be acting as Trustees or officers of the Trust may have been expressly limited by contract and not in their own capacities. No Shareholder shall be subject to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such creditany personal liability whatsoever in tort, contract or claim; and neither otherwise to any other Person or Persons in connection with the Shareholders nor assets or the Trustees, nor any affairs of the Trust's officersTrust or of any Portfolio, employees and subject to Section 8.4 hereof, no Trustee, officer, employee or agents, whether past, present or future, agent of the Trust shall be personally liable therefor. Nothing subject to any personal liability whatsoever in this Declaration tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust shall protect or of any Trustee against any liability to which such Trustee would otherwise be subject by reason of Portfolio, save only that arising from his own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his office or the office discharge of Trusteehis functions. Every The Trust (or if the matter relates only to a particular Portfolio, that Portfolio) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Portfolio in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such Portfolio, and all Persons dealing with the Trust or any Portfolio shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust or the Portfolio Assets of such Portfolio, as the case may be, for the payment or performance thereof. The Trustees shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer, and not individually individually, and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Portfolio in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or Shareholder individually, or to subject the Portfolio Assets of any Portfolio to the obligations of any other person individuallyportfolio.

Appears in 1 contract

Samples: Trust Agreement (Fiduciary Management Associates)

Trustees, Shareholders, etc. Not Personally Liable; --------------------------------------------------- Notice. All persons extending credit to, contracting with or having any claim ------ against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, class thereof with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-Trust nor the Trustees, Trustees nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series Trust, or attributable to the particular Sub- Trust or class for in question, as the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (North American Funds)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE SECTION 1. All persons extending credit to, contracting with or having any claim against the Trust or any Series a particular series or class of Shares shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to or the assets of a that particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, series of Shares for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issuedTrust, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or Shareholder individually. TRUSTEES' GOOD FAITH ACTION, EXPERT ADVICE; NO BOND OR SURETY SECTION 2. The exercise by the Trustees of their powers and discretion hereunder shall be binding upon everyone interested. A Trustee shall be liable for his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee, and for nothing else, and shall not be liable for errors of judgment or mistakes of fact or law. The Trustees may take advice of counsel or other experts with respect to the meaning and operation of this Declaration of Trust, and shall be under no liability for any other person individuallyact or omission in accordance with such advice or for failing to follow such advice. The Trustees shall not be required to give any bond as such, nor any surety if a bond is required.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Bishop Street Funds)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-Trust nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust or upon in question, as the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Trust Agreement (Stockjungle Com)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (New York State Opportunity Funds)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class Class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series (or attributable the assets allocable to a particular classClass), only to the assets belonging to the relevant Series (or attributable allocable to the relevant classClass), for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officers or officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officers or officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series (or attributable allocable to the class Class) for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officers or officer or officers or Shareholders or any other person individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Barr Rosenberg Series Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Restated Agreement and Declaration of Trust (Countrywide Investment Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Series nor the Trustees, nor any of the Trust's officers, employees employees, members of the Advisory Board or agents, whether past, present or future, nor any other Series shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Series or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Series) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee Trustee, Advisory Board member or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Series in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Janus Investment Fund)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular classSeries, only to the assets belonging to the relevant Series or attributable to the relevant classSeries, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officers or officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officers or officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officers or officer or officers or Shareholders or any other person individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (New England Cash Management Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Restated Agreement and Declaration of Trust (Countrywide Strategic Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class Class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular classClass, only to the assets belonging to the relevant Series or attributable to the relevant classClass, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually individually, but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class Class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individually.

Appears in 1 contract

Samples: Restatement of Amended Agreement and Declaration of Trust (CDC Nvest Companies Trust I)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE SECTION 1. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class a particular series of shares shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to or the assets of a that particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, series of Shares for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issuedTrust, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital thereof shall not operate to bind any Trustee or Trustees or officer Trustee or officers or officer of Shareholders or Shareholder individually. TRUSTEES' GOOD FAITH ACTION, EXPERT ADVICE; NO BOND OR SURETY SECTION 2. The exercise by the Trustees of their powers and discretions hereunder shall be binding upon everyone interested. A Trustee shall be liable for his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee, and for nothing else, and shall not be liable for errors of judgment or mistakes of fact or law. The Trustees may take advice of counsel or other experts with respect to the meaning and operation of this Declaration of Trust, and shall be under no liability for any other person individuallyact or omission in accordance with such advice or for failing to follow such advice. The Trustees shall not be required to give any bond as such, nor any surety if a bond is required.

Appears in 1 contract

Samples: Trust Agreement (Sei International Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the TrustSeries of Shares with respect to which such persons extended credit or contracted, or, or with respect to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, which such claim arose for payment under such credit, contract or claim; and neither the Shareholders of any Series of Shares nor the Trustees, Trustees nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Series of Shares shall be personally liable therefortherefore. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Series of Shares or the Trustees or any of them shall be conclusively deemed to have been executed or done only by or for the Trust (or the Series of Shares) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth State of Massachusetts Delaware and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Trust, or the particular Series or attributable to of Shares in question, as the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Trust Agreement (Clearwater Investment Fund)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons Persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular classSeries, only to the assets belonging to the relevant Series or attributable to the relevant classSeries, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Board of Trustees, by any officers or officer or officers or otherwise shall give may include a notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall may recite that the same note, bond, contract, instrument, certificate, or undertaking was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officers or officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of or any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Leahi Investment Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any. Sub-Trust nor the Trustees, Trustees nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was wits executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust or upon in question, as the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Master Trust Agreement (Glenmede Portfolios)

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Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or futurefurture, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Declaration of Trust (Phoenix Multi Portfolio Fund)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All --------- ---------------------------------------------------------- As provided by 15 Pa.C.S. ss. 9506(a) (relating to liability of trustees and beneficiaries), all persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular classSeries, only to the assets belonging to the relevant Series or attributable to the relevant classSeries, for payment under such credit, contract or claim; claim and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officers or officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary Department of State of the Commonwealth of Massachusetts Pennsylvania and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees as officers or as officer or officers or otherwise and not individually individually, and that the obligations of such instrument or instruments are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the relevant Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or he, she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers Shareholders or Shareholders Shareholder or any other person individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Mas Funds /Ma/)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Series nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Series shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Master Trust Agreement (Kobrick HFS Investment Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Declaration of Trust (Phoenix Series Fund)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, Portfolio with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Portfolio nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Portfolio shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Portfolio or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Portfolio) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate certificate, share or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Portfolio in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Trust Agreement (Palladian Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officersTrust'sofficers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth State of Massachusetts Ohio and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Trust Agreement (Atalanta Sosnoff Investment Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-Trust nor the Trustees, Trustees nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding only upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust or upon in question, as the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Master Trust Agreement (Julius Baer Multistock Funds)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons Persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular classSeries, only to the assets belonging to the relevant Series or attributable to the relevant classSeries, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Board of Trustees, by any officers or officer or officers or otherwise shall give may include a notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall may recite that the same note, bond, contract, instrument, certificate, or undertaking was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officers or officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individually.

Appears in 1 contract

Samples: Trust Agreement (Franklin Principal Maturity Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. No Trustee, officer, employee or agent of the Trust shall be subject to any personal liability whatsoever to any person in connection with Trust property or the affairs of the Trust; and all persons shall look solely to the Trust property for satisfaction of claims of any nature arising in connection with the affairs of the Trust. No Shareholder or former Shareholder shall be subject to any personal liability whatsoever to any person in connection with Trust property or the acts, obligations or affairs of the Trust solely by reason of being or having been a Shareholder. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every written note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth State of Massachusetts Delaware and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Empyreal Investment Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Columbia Credit Income Opportunities Fund)

Trustees, Shareholders, etc. Not Personally Liable; Notice. ---------------------------------------------------------- All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Series nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Series shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Master Trust Agreement (Kobrick HFS Investment Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular classSeries, only to the assets belonging to the relevant Series or attributable to the relevant classSeries, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officers or officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually individually, but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (CDC Nvest Funds Trust Ii)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE SECTION 1. All persons extending credit to, contracting with or having any claim against the Trust or any Series a particular series or class of Shares thereof shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a that particular Series series the assets or attributable to a that particular class, only to as the assets belonging to the relevant Series or attributable to the relevant class, case may be for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to the relevant Series or attributable to the relevant class of Shares for the benefit of which the Trustees have caused the note, bondland, contractcontent, instrument, certificate or undertaking to be made issued or issuedmade, and may contain such further recital as he or he, she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers Shareholders or Shareholders Shareholder or any other person individually.. TRUSTEES' GOOD FAITH ACTION, EXPERT ADVICE; NO BOND OR SURETY SECTION 2. The exercise by the Trustees of their powers and discretion hereunder shall be binding upon everyone interested. A Trustee shall be liable for his or her own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee, and for nothing else, and shall not be liable for errors of judgment or mistakes of fact

Appears in 1 contract

Samples: Trust Agreement (Oak Associates Funds)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series a particular series or class of shares shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to or the assets of a that particular Series series or attributable to a that particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, class of shares for payment under such credit, contract or claim; and neither the Shareholders shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing The Board of Trustees shall not be responsible or liable in this Declaration any event for any neglect or wrongdoing of Trust any officer, agent, employee, investment adviser or principal underwriter of the Trust, nor shall any Trustee be responsible for the act or omission of any other Trustee, but nothing herein shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officer Trustees or Trustee or by any officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon of the assets belonging particular series of shares to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issuedsuch instrument relates, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital thereof shall not operate to bind any Trustee or Trustees or officer Trustee or officers or Shareholders officer, or shareholders or shareholder individually. Every note, bond, contract, instrument, certificate, share or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Board of Trustees or any other person individuallyof them in connection with the Trust shall be conclusively deemed to have been executed or done only in or with respect to their or his capacity as Trustees or Trustee, and such Trustees or Trustee shall not be personally liable thereon.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Steinroe Variable Investment Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. ---------------------------------------------------------- All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, Portfolio with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Portfolio nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Portfolio shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Portfolio or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Portfolio) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate certificate, share or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Portfolio in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Restated Agreement and Declaration of Trust (Fulcrum Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. ---------------------------------------------------------- All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, class thereof with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-Trust nor the Trustees, Trustees nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series Trust, or attributable to the particular Sub- Trust or class for in question, as the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (North American Funds)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against any Series of the Trust (or the Trust on behalf of any Series or class Series) shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Bartlett Capital Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-Trust nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Nothing Every note, bond, contract, instrument, certificate, or undertaking and every act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. The Trustees and the Trust's officers, employees and agents shall not be liable to the Trust or the Shareholders; provided however, that nothing in this Amended Declaration of Trust shall protect any Trustee or officer, employee or agent against any liability to the Trust or the Shareholders to which such Trustee or officer, employee or agent would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer, employee or agent. Every note, bond, contract, instrument, certificate certificate, or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust in question, as the case may be, but the omission thereof shall not operate to bind any Trustees or upon the assets belonging to the Series Trustee or attributable to the class for the benefit of which the Trustees have caused the officers or officer or Shareholders or Shareholder individually or otherwise invalidate any such note, bond, contract, instrument, certificate certificate, or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individuallyundertaking.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (LKCM Fund)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-Trust nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust or upon in question, as the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Universal Capital Investment Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officers or officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officers or officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officers or officer or officers or Shareholders or any other person individually.

Appears in 1 contract

Samples: Trust Agreement (New England Funds Trust Iv)

Trustees, Shareholders, etc. Not Personally Liable; NoticeNotice . All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-Trust nor the Trustees, Trustees nor any of the Trust's Trusts officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust or upon in question, as the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Master Trust Agreement (Smith Barney Investment Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets The Trustees and officers of the Trust, orin incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to the extent that the liability be acting as Trustees or officers of the Trust may have been expressly limited by contract and not in their own capacities. No Shareholder shall be subject to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such creditany personal liability whatsoever in tort, contract or claim; and neither otherwise to any other Person or Persons in connection with the Shareholders nor assets or the Trustees, nor any affairs of the Trust's officersTrust or of any Portfolio, employees and subject to Section 8.4 hereof, no Trustee, officer, employee or agents, whether past, present or future, agent of the Trust shall be personally liable therefor. Nothing subject to any personal liability whatsoever in this Declaration tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust shall protect or of any Trustee against any liability to which such Trustee would otherwise be subject by reason of Portfolio, save only that arising from his own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his office or the office discharge of Trusteehis functions. Every The Trust (or if the matter relates only to a particular Portfolio, that Portfolio) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Portfolio in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such portfolio, and all Persons dealing with the Trust or any Portfolio shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust or the Portfolio Assets of such Portfolio, as the case may be, for the payment or performance thereof. The Trustees shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer, and not individually individually, and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Portfolio in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or Shareholder individually, or to subject the Portfolio Assets of any Portfolio to the obligations of any other person individuallyPortfolio.

Appears in 1 contract

Samples: Trust Agreement (Common Sense Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth State of Massachusetts Ohio and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Trust Agreement (Bonfiglio & Reed Investment Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. ---------- ---------------------------------------------------------- All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individually.

Appears in 1 contract

Samples: Trust Agreement (E Navigator Fund)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-Trust nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Nothing Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. The Trustees and the Trust's officers, employees and agents shall not be liable to the Trust or the Shareholders; provided however, that nothing in this Declaration of Trust shall protect any Trustee or officer, employee or agent against any liability to the Trust or the Shareholders to which such Trustee or officer, employee or agent would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer, employee or agent. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust in question, as the case may be, but the omission thereof shall not operate to bind any Trustees or upon the assets belonging to the Series Trustee or attributable to the class for the benefit of which the Trustees have caused the officers or officer or Shareholders or Shareholder individually or otherwise invalidate any such note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individuallyundertaking.

Appears in 1 contract

Samples: Master Trust Agreement (Lend Lease Funds)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-Trust nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Nothing Every note, bond, contract, instrument, certificate, or undertaking and every act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. The Trustees and the Trust's officers, employees and agents shall not be liable to the Trust or the Shareholders; provided however, that nothing in this Declaration of Trust shall protect any Trustee or officer, employee or agent against any liability to the Trust or the Shareholders to which such Trustee or officer, employee or agent would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer, employee or agent. Every note, bond, contract, instrument, certificate certificate, or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust in question, as the case may be, but the omission thereof shall not operate to bind any Trustees or upon the assets belonging to the Series Trustee or attributable to the class for the benefit of which the Trustees have caused the officers officer or Shareholders or Shareholder individually or otherwise invalidate any such note, bond, contract, instrument, certificate certificate, or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officer or officers or Shareholders or any other person individuallyundertaking.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Uam Funds Trust)

Trustees, Shareholders, etc. Not Personally personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Sub-Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Sub-Trust nor the Trustees, Trustees nor any of the Trust's ’s officers, employees or agents, whether past, present or future, nor any other Sub-Trust shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Sub-Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Sub-Trust) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust, or the particular Sub-Trust or upon in question, as the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Master Trust Agreement (Julius Baer Investment Funds)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth State of Massachusetts Ohio and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Trust Agreement (Analysts Investment Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officers or officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officers or officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officers or officer or officers or Shareholders or any other person individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Nvest Funds Trust Iii)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets The Trustees and officers of the Trust, orin incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to the extent that the liability be acting as Trustees or officers of the Trust may have been expressly limited by contract and not in their own capacities. No Shareholder shall be subject to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such creditany personal liability whatsoever in tort, contract or claimotherwise to any other Person in connection with the assets or affairs of the Trust or of any Fund; and neither the Shareholders nor the Trusteessubject to Section 8.4 hereof, nor any no Trustee, officer, employee or agent of the Trust's officers, employees or agents, whether past, present or future, Trust shall be personally liable therefor. Nothing subject to any personal liability whatsoever in this Declaration tort, contract or otherwise to any other Person in connection with the assets or affairs of the Trust shall protect or of any Trustee against any liability to which such Trustee would otherwise be subject by reason of Fund, unless only that arising from his own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his office or the office discharge of Trusteehis functions. Every The Trust (or if the matter relates only to a particular Fund, that Fund) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Fund in tort, contract or otherwise in connection with the assets or affairs of the Trust or of such Fund, and all Persons dealing with the Trust or any Fund shall be deemed to have agreed that resort shall be had solely to the Trust Property or the Fund Assets of such Fund, as the case may be, for the payment or performance thereof. The Trustees shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officer or officers or otherwise officers, and not individually individually, and that the obligations of such instrument are not binding upon any of them or the Shareholders individually individually, but are binding only upon the assets and property Trust Property, or the Fund Assets of the Trust or upon particular Fund in questions, as the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustee or Trustees or officer or officers Shareholder individually, or Shareholders or to subject the Fund Assets of any Fund to the obligations of any other person individuallyFund.

Appears in 1 contract

Samples: Declaration of Trust (Standish Ayer & Wood Investment Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders of any Series nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor any other Series shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Series or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust (or the Series) or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Series in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Janus Investment Fund)

Trustees, Shareholders, etc. Not Personally Liable; NoticeNOT PERSONALLY LIABLE, NOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets The Trustees and officers of the Trust, orin incurring any debts, liabilities or obligations, or in taking or omitting any other actions for or in connection with the Trust, are or shall be deemed to the extent that the liability be acting as Trustees or officers of the Trust may have been expressly limited by contract and not in their own capacities. No Shareholder shall be subject to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such creditany personal liability whatsoever in tort, contract or claim; and neither otherwise to any other Person or Persons in connection with the Shareholders nor assets or the Trustees, nor any affairs of the Trust's officersTrust or of any Portfolio, employees and subject to SECTION 8.4 hereof, no Trustee, officer, employee or agents, whether past, present or future, agent of the Trust shall be personally liable therefor. Nothing subject to any personal liability whatsoever in this Declaration tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust shall protect or of any Trustee against any liability to which such Trustee would otherwise be subject by reason of Portfolio, save only that arising from his own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his office or the office discharge of Trusteehis functions. Every The Trust (or if the matter relates only to a particular Portfolio, that Portfolio) shall be solely liable for any and all debts,claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Portfolio in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such Portfolio, and all Persons dealing with the Trust or any Portfolio shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust or the Portfolio Assets of such Portfolio, as the case may be, for the payment or performance thereof. The Trustees shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer, and not individually individually, and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Portfolio in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or Shareholder individually, or to subject the Portfolio Assets of any Portfolio to the obligations of any other person individuallyPortfolio.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Ashport Mutual Funds Trust)

Trustees, Shareholders, etc. Not Personally Liable; --------------------------------------------------- Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets The Trustees and officers of the Trust, orin incurring any debts, ------ liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to the extent that the liability be acting as Trustees or officers of the Trust may have been expressly limited by contract and not in their own capacities. No Shareholder shall be subject to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such creditany personal liability whatsoever in tort, contract or claim; and neither otherwise to any other Person or Persons in connection with the Shareholders nor assets or the Trustees, nor any affairs of the Trust's officersTrust or of any Portfolio, employees and subject to Section 8.4 hereof, no Trustee, officer, employee or agents, whether past, present or future, agent of the Trust shall be personally liable therefor. Nothing subject to any personal liability whatsoever in this Declaration tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust shall protect or of any Trustee against any liability to which such Trustee would otherwise be subject by reason of Portfolio, save only that arising from his own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his office or the office discharge of Trusteehis functions. Every The Trust (or if the matter relates only to a particular Portfolio, that Portfolio) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Portfolio in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such Portfolio, and all Persons dealing with the Trust or any Portfolio shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust or the Portfolio Assets of such Portfolio, as the case may be, for the payment or performance thereof. The Trustees shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer, and not individually individually, and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Portfolio in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or Shareholder individually, or to subject the Portfolio Assets of any Portfolio to the obligations of any other person individuallyPortfolio.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Winthrop Focus Funds)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts Kentucky and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriateTrust, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Fairmont Fund Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets The Trustees and officers of the Trust, orin incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to the extent that the liability be acting as Trustees or officers of the Trust may have been expressly limited by contract and not in their own capacities. No Shareholder shall be subject to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such creditany personal liability whatsoever in tort, contract or claim; and neither otherwise to any other Person or Persons in connection with the Shareholders nor assets or the Trustees, nor any affairs of the Trust's officersTrust or of any Portfolio, employees and subject to Section 8.4 hereof, no Trustee, officer, employee or agents, whether past, present or future, agent of the Trust shall be personally liable therefor. Nothing subject to any personal liability whatsoever in this Declaration tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust shall protect or of any Trustee against any liability to which such Trustee would otherwise be subject by reason of Portfolio, save only that arising from his own willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of his office or the office discharge of Trusteehis functions. Every The Trust (or if the matter relates only to a particular Portfolio, that Portfolio) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind, against or with respect to the Trust or such Portfolio in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such Portfolio, and all Persons dealing with the Trust or any Portfolio shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust or the Portfolio Assets of such Portfolio, as the case may be, for the payment or performance thereof. The Trustees shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or 38 undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer, and not individually individually, and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Portfolio in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or Shareholder individually, or to subject the Portfolio Assets of any Portfolio to the obligations of any other person individuallyPortfolio.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Alliance International Fund)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class Class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series (or attributable the assets allocable to a particular classClass), only to the assets belonging to the relevant Series (or attributable allocable to the relevant classClass), for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's ’s officers, employees or agents, whether past, present or future, shall be personally liable therefor. Nothing in this Declaration of Trust shall protect any Trustee against any liability to which such Trustee would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of Trustee. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, by any officers or officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite that the same was executed or made by or on behalf of the Trust or by them as Trustee or Trustees or as officers or officer or officers or otherwise and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series (or attributable allocable to the class Class) for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made made, or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital shall not operate to bind any Trustee or Trustees or officers or officer or officers or Shareholders or any other person individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Gmo Trust)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, with which such person dealt for payment under such credit, contract or claim; and neither the Shareholders nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, nor the assets belonging to any other Series shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust, any Series or the Trustees or any of them in connection with the Trust or any Series shall be conclusively deemed to have been executed or done only by or for the Trust or such Series or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriatein question, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Goldman Sachs Trust)

Trustees, Shareholders, etc. Not Personally LiableNOT PERSONALLY LIABLE; NoticeNOTICE. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets The Trustees and officers of the Trust, orin incurring any debts, liabilities or obligations, or in limiting or omitting any other actions for or in connection with the Trust, are or shall be deemed to the extent that the liability be acting as Trustees or officers of the Trust may have been expressly limited by contract and not in their own capacities. No Shareholder shall be subject to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such creditany personal liability whatsoever in tort, contract or claim; and neither otherwise to any other Person or Persons in connection with the Shareholders nor assets or the Trustees, nor any affairs of the Trust's officersTrust or of any Portfolio, employees and subject to Section 8.4 hereof, no Trustee, officer, employee or agents, whether past, present or future, agent of the Trust shall be personally liable therefor. Nothing subject to any personal liability whatsoever in this Declaration tort, contract, or otherwise, to any other Person or Persons in connection with the assets or affairs of the Trust shall protect or of any Trustee against any liability to which such Trustee would otherwise be subject by reason of Portfolio, save only that arising from his own willful misfeasance, bad faith, gross negligence or reckless disregard of the his duties involved in the conduct of his office or the office discharge of Trusteehis functions. Every The Trust (or if the matter relates only to a particular Portfolio, that Portfolio) shall be solely liable for any and all debts, claims, demands, judgments, decrees, liabilities or obligations of any and every kind against or with respect to the Trust or such Portfolio in tort, contract or otherwise in connection with the assets or the affairs of the Trust or such Portfolio, and all Persons dealing with the Trust or any Portfolio shall be deemed to have agreed that resort shall be had solely to the Trust Property of the Trust or the Portfolio Assets of such Portfolio, as the case may be, for the payment or performance thereof. The Trustees shall use their best efforts to ensure that every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise shall give notice that this Declaration of Trust is on file with the Secretary of the The Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer, and not individually individually, and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust Trust, or upon the assets belonging to particular Portfolio in question, as the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and case may contain such further recital as he or she or they may deem appropriatebe, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or Shareholder individually, or to subject the Portfolio Assets of any Portfolio to the obligations of any other person individuallyPortfolio.

Appears in 1 contract

Samples: Agreement and Declaration of Trust (Alger Fund)

Trustees, Shareholders, etc. Not Personally Liable; Notice. All persons extending credit to, contracting with or having any claim against the Trust or any Series or class shall look only to the assets of the Trust, or, to the extent that the liability of the Trust may have been expressly limited by contract to the assets of a particular Series or attributable to a particular class, only to the assets belonging to the relevant Series or attributable to the relevant class, for payment under such credit, contract or claim; and neither the Shareholders of the Trust nor the Trustees, nor any of the Trust's officers, employees or agents, whether past, present or future, future shall be personally liable therefor. Every note, bond, contract, instrument, certificate or undertaking and every other act or thing whatsoever executed or done by or on behalf of the Trust or the Trustees or any of them in connection with the Trust shall be conclusively deemed to have been executed or done only by or for the Trust or the Trustees and not personally. Nothing in this Declaration of Trust shall protect any Trustee or officer against any liability to the Trust or the Shareholders to which such Trustee or officer would otherwise be subject by reason of willful wilful misfeasance, bad faith, gross negligence or reckless disregard of the duties involved in the conduct of the office of TrusteeTrustee or of such officer. Every note, bond, contract, instrument, certificate or undertaking made or issued on behalf of the Trust by the Trustees, Trustees or by any officer or officers or otherwise officer shall give notice that this Declaration of Trust is on file with the Secretary of the Commonwealth of Massachusetts and shall recite to the effect that the same was executed or made by or on behalf of the Trust or by them as Trustees or Trustee or Trustees or as officer or officers or otherwise officer and not individually and that the obligations of such instrument are not binding upon any of them or the Shareholders individually but are binding only upon the assets and property of the Trust or upon the assets belonging to the Series or attributable to the class for the benefit of which the Trustees have caused the note, bond, contract, instrument, certificate or undertaking to be made or issued, and may contain such further recital as he or she or they may deem appropriate, but the omission of any such recital thereof shall not operate to bind any Trustees or Trustee or Trustees officers or officer or officers or Shareholders or any other person Shareholder individually.

Appears in 1 contract

Samples: Trust Agreement (Massachusetts Health & Education Tax Exempt Trust)

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