EXHIBIT 99.9
TRUSTEE INDEMNIFICATION AGREEMENT
In consideration of Xxxxx X. Xxxxxxxxx ("Trustee"), acting as a trustee of
The American Tiger Funds (the "Fund"), pursuant to a Declaration of Trust dated
September 9, 1998, the Fund and Trustee agree as follows: Trustee will use his
best efforts in performing his Trustee obligations, but in the absence of
willful misfeasance, bad faith, gross negligence, or reckless disregard of his
obligations, Trustee shall not be liable to the Fund, or any of the Fund's
investors, for any error of judgment or mistake of law or fact, for any act or
omission by Trustee or for any losses sustained by the Fund, or the Fund's
investors.
The Fund shall indemnify each of its Trustees, officers, employees, and
agents (including persons who serve at its request as directors, officers, or
trustees of another organization in which it has any interest, as a shareholder,
creditor, or otherwise) against all liabilities and expenses (including amounts
paid in satisfaction of judgments, in compromise, as fines and penalties, and as
counsel fees) reasonably incurred by him in connection with the defense or
disposition of any action, suit, or other proceeding, whether civil or criminal,
in which he may be involved or with which he may be threatened, while in office
or thereafter, by reason of his being or having been such a Trustee, officer,
employee, or agent, except with respect to any matter as to which he shall have
been adjudicated to have acted in bad faith, willful misfeasance, gross
negligence, or reckless disregard of his duties; provided, however, that as to
any matter disposed of by a compromise payment by such Person, pursuant to a
consent decree or otherwise, no indemnification either for said payment or for
any other expenses shall be provided unless there has been a determination that
such person
1
did not engage in bad faith, willful misfeasance, gross negligence, or reckless
disregard of his duties involved in the conduct of his office by the court or
other body approving the settlement or other disposition or by a reasonable
determination, based upon review of readily available facts (as opposed to a
full trial-type inquiry), that he did not engage in such conduct by written
opinion from independent legal counsel approved by a majority of a quorum of
trustees who are neither interested persons nor parties to the proceedings. The
rights accruing to any person under these provisions shall not exclude any other
right to which he may be lawfully entitled; provided that no person may satisfy
any right of indemnity or reimbursement granted herein or to which he may
otherwise be entitled except out of the Fund Property. A majority of a quorum
of disinterested non-party Trustees may make advance payments in connection with
indemnification under this section, provided that the indemnified person shall
have given a written undertaking adequately secured to reimburse the Fund in the
event it is subsequently determined that he is not entitled to such
indemnification, or a majority of a quorum of disinterested non-party Trustees
or independent counsel determine, after a review of readily available facts,
that the person seeking indemnification will probably be found to be entitled to
indemnification.
Insofar as indemnification for liability arising under the Securities Act
of 1933 may be permitted to the Trustees, officers, and controlling persons of
the Fund pursuant to the provisions described herein, the Fund has been advised
that, in the opinion of the SEC, such indemnification is against public policy
as expressed in the Act and is, therefore, unenforceable. In the event that a
claim for indemnification against such liabilities (other than the payment by
the Fund of expenses incurred or paid by a Trustee, officer, or controlling
person of the Fund in the successful defense of any action, suit, or proceeding)
is asserted by such Trustee, officer, or controlling person in connection with
the securities
2
being registered, the Fund will, unless in the opinion of its counsel the matter
has been settled by controlling precedent, submit to a court of appropriate
jurisdiction the question of whether such indemnification by it is against
public policy as expressed in the Act and will be governed by the final
adjudication of such issue.
The Fund may purchase and maintain insurance on behalf of an officer,
Trustee, employee, or agent protecting such person, to the full extent permitted
by applicable law, from liability incurred by such person as officer, Trustee,
employee, or agent of the Fund or arising from his activities in such capacity.
This Agreement may be amended from time to time by written agreement signed
by all of the parties; provided, that such amendment shall be approved both by
the vote of a majority of Trustees of the Fund, including a majority of Trustees
who are not interested persons of the Trustee to this Agreement (other than as
Trustees of the Fund) cast in person at a meeting called for that purpose, and
by the holders of a majority (as defined in the Act) of the outstanding voting
securities of the Fund to which this Agreement is applicable.
This Agreement may be amended by agreement of the parties without the vote
or consent of the shareholders of the Fund to supply any omission, to cure,
correct, or supplement any ambiguous, defective, or inconsistent provision
hereof, or if they deem it necessary to conform this Agreement to the
requirements of applicable federal and/or state laws or regulations, but neither
the Fund nor the Trustee shall be liable for failing to do so.
In the event of any litigation or disagreement between the parties
regarding the subject of this indemnification, the prevailing party shall, in
addition to any other relief, be paid its reasonable attorneys' fees and costs
as determined by the court or trier of fact hearing said
3
dispute. The parties agree that any litigation arising out of this
indemnification shall only be brought and heard and shall only be venued in a
federal or state court in Reno, Nevada.
THE AMERICAN TIGER FUNDS
Dated as of September 9, 1998
By:
------------------------------------
Xxxxxxx Xxxxxxxxx, Trustee
By:
------------------------------------
Xxxxx Xxxxxx, Trustee
By:
------------------------------------
Xxxx Xxxxxxx, Trustee
By:
------------------------------------
Xxxxx Xxxxxx, Trustee
ACCEPTED AND AGREED
By:
-------------------------------
Xxxxx X. Xxxxxxxxx, Trustee
4
TRUSTEE INDEMNIFICATION AGREEMENT
In consideration of Xxxxx Xxxxxx ("Trustee"), acting as a trustee of The
American Tiger Funds (the "Fund"), pursuant to a Declaration of Trust dated
September 9, 1998, the Fund and Trustee agree as follows: Trustee will use his
best efforts in performing his Trustee obligations, but in the absence of
willful misfeasance, bad faith, gross negligence, or reckless disregard of his
obligations, Trustee shall not be liable to the Fund, or any of the Fund's
investors, for any error of judgment or mistake of law or fact, for any act or
omission by Trustee or for any losses sustained by the Fund, or the Fund's
investors.
The Fund shall indemnify each of its Trustees, officers, employees, and
agents (including persons who serve at its request as directors, officers, or
trustees of another organization in which it has any interest, as a shareholder,
creditor, or otherwise) against all liabilities and expenses (including amounts
paid in satisfaction of judgments, in compromise, as fines and penalties, and as
counsel fees) reasonably incurred by him in connection with the defense or
disposition of any action, suit, or other proceeding, whether civil or criminal,
in which he may be involved or with which he may be threatened, while in office
or thereafter, by reason of his being or having been such a Trustee, officer,
employee, or agent, except with respect to any matter as to which he shall have
been adjudicated to have acted in bad faith, willful misfeasance, gross
negligence, or reckless disregard of his duties; provided, however, that as to
any matter disposed of by a compromise payment by such Person, pursuant to a
consent decree or otherwise, no indemnification either for said payment or for
any other expenses shall be provided unless there has been a determination that
such person
1
did not engage in bad faith, willful misfeasance, gross negligence, or reckless
disregard of his duties involved in the conduct of his office by the court or
other body approving the settlement or other disposition or by a reasonable
determination, based upon review of readily available facts (as opposed to a
full trial-type inquiry), that he did not engage in such conduct by written
opinion from independent legal counsel approved by a majority of a quorum of
trustees who are neither interested persons nor parties to the proceedings. The
rights accruing to any person under these provisions shall not exclude any other
right to which he may be lawfully entitled; provided that no person may satisfy
any right of indemnity or reimbursement granted herein or to which he may
otherwise be entitled except out of the Fund Property. A majority of a quorum
of disinterested non-party Trustees may make advance payments in connection with
indemnification under this section, provided that the indemnified person shall
have given a written undertaking adequately secured to reimburse the Fund in the
event it is subsequently determined that he is not entitled to such
indemnification, or a majority of a quorum of disinterested non-party Trustees
or independent counsel determine, after a review of readily available facts,
that the person seeking indemnification will probably be found to be entitled to
indemnification.
Insofar as indemnification for liability arising under the Securities Act
of 1933 may be permitted to the Trustees, officers, and controlling persons of
the Fund pursuant to the provisions described herein, the Fund has been advised
that, in the opinion of the SEC, such indemnification is against public policy
as expressed in the Act and is, therefore, unenforceable. In the event that a
claim for indemnification against such liabilities (other than the payment by
the Fund of expenses incurred or paid by a Trustee, officer, or controlling
person of the Fund in the successful defense of any action, suit, or proceeding)
is asserted by such Trustee, officer, or controlling person in connection with
the securities
2
being registered, the Fund will, unless in the opinion of its counsel the matter
has been settled by controlling precedent, submit to a court of appropriate
jurisdiction the question of whether such indemnification by it is against
public policy as expressed in the Act and will be governed by the final
adjudication of such issue.
The Fund may purchase and maintain insurance on behalf of an officer,
Trustee, employee, or agent protecting such person, to the full extent permitted
by applicable law, from liability incurred by such person as officer, Trustee,
employee, or agent of the Fund or arising from his activities in such capacity.
This Agreement may be amended from time to time by written agreement signed
by all of the parties; provided, that such amendment shall be approved both by
the vote of a majority of Trustees of the Fund, including a majority of Trustees
who are not interested persons of the Trustee to this Agreement (other than as
Trustees of the Fund) cast in person at a meeting called for that purpose, and
by the holders of a majority (as defined in the Act) of the outstanding voting
securities of the Fund to which this Agreement is applicable.
This Agreement may be amended by agreement of the parties without the vote
or consent of the shareholders of the Fund to supply any omission, to cure,
correct, or supplement any ambiguous, defective, or inconsistent provision
hereof, or if they deem it necessary to conform this Agreement to the
requirements of applicable federal and/or state laws or regulations, but neither
the Fund nor the Trustee shall be liable for failing to do so.
In the event of any litigation or disagreement between the parties
regarding the subject of this indemnification, the prevailing party shall, in
addition to any other relief, be paid its reasonable attorneys' fees and costs
as determined by the court or trier of fact hearing said
3
dispute. The parties agree that any litigation arising out of this
indemnification shall only be brought and heard and shall only be venued in a
federal or state court in Reno, Nevada.
THE AMERICAN TIGER FUNDS
Dated as of September 9, 1998
By:
-------------------------------------
Xxxxx X. Xxxxxxxxx, Trustee
By:
-------------------------------------
Xxxxxxx Xxxxxxxxx, Trustee
By:
-------------------------------------
Xxxx Xxxxxxx, Trustee
By:
-------------------------------------
Xxxxx Xxxxxx, Trustee
ACCEPTED AND AGREED
By:
-------------------------
Xxxxx Xxxxxx, Trustee
4
TRUSTEE INDEMNIFICATION AGREEMENT
In consideration of Xxxxx Xxxxxx ("Trustee"), acting as a trustee of The
American Tiger Funds (the "Fund"), pursuant to a Declaration of Trust dated
September 9, 1998, the Fund and Trustee agree as follows: Trustee will use his
best efforts in performing his Trustee obligations, but in the absence of
willful misfeasance, bad faith, gross negligence, or reckless disregard of his
obligations, Trustee shall not be liable to the Fund, or any of the Fund's
investors, for any error of judgment or mistake of law or fact, for any act or
omission by Trustee or for any losses sustained by the Fund, or the Fund's
investors.
The Fund shall indemnify each of its Trustees, officers, employees, and
agents (including persons who serve at its request as directors, officers, or
trustees of another organization in which it has any interest, as a shareholder,
creditor, or otherwise) against all liabilities and expenses (including amounts
paid in satisfaction of judgments, in compromise, as fines and penalties, and as
counsel fees) reasonably incurred by him in connection with the defense or
disposition of any action, suit, or other proceeding, whether civil or criminal,
in which he may be involved or with which he may be threatened, while in office
or thereafter, by reason of his being or having been such a Trustee, officer,
employee, or agent, except with respect to any matter as to which he shall have
been adjudicated to have acted in bad faith, willful misfeasance, gross
negligence, or reckless disregard of his duties; provided, however, that as to
any matter disposed of by a compromise payment by such Person, pursuant to a
consent decree or otherwise, no indemnification either for said payment or for
any other expenses shall be provided unless there has been a determination that
such person
1
did not engage in bad faith, willful misfeasance, gross negligence, or reckless
disregard of his duties involved in the conduct of his office by the court or
other body approving the settlement or other disposition or by a reasonable
determination, based upon review of readily available facts (as opposed to a
full trial-type inquiry), that he did not engage in such conduct by written
opinion from independent legal counsel approved by a majority of a quorum of
trustees who are neither interested persons nor parties to the proceedings. The
rights accruing to any person under these provisions shall not exclude any other
right to which he may be lawfully entitled; provided that no person may satisfy
any right of indemnity or reimbursement granted herein or to which he may
otherwise be entitled except out of the Fund Property. A majority of a quorum
of disinterested non-party Trustees may make advance payments in connection with
indemnification under this section, provided that the indemnified person shall
have given a written undertaking adequately secured to reimburse the Fund in the
event it is subsequently determined that he is not entitled to such
indemnification, or a majority of a quorum of disinterested non-party Trustees
or independent counsel determine, after a review of readily available facts,
that the person seeking indemnification will probably be found to be entitled to
indemnification.
Insofar as indemnification for liability arising under the Securities Act
of 1933 may be permitted to the Trustees, officers, and controlling persons of
the Fund pursuant to the provisions described herein, the Fund has been advised
that, in the opinion of the SEC, such indemnification is against public policy
as expressed in the Act and is, therefore, unenforceable. In the event that a
claim for indemnification against such liabilities (other than the payment by
the Fund of expenses incurred or paid by a Trustee, officer, or controlling
person of the Fund in the successful defense of any action, suit, or proceeding)
is asserted by such Trustee, officer, or controlling person in connection with
the securities
2
being registered, the Fund will, unless in the opinion of its counsel the matter
has been settled by controlling precedent, submit to a court of appropriate
jurisdiction the question of whether such indemnification by it is against
public policy as expressed in the Act and will be governed by the final
adjudication of such issue.
The Fund may purchase and maintain insurance on behalf of an officer,
Trustee, employee, or agent protecting such person, to the full extent permitted
by applicable law, from liability incurred by such person as officer, Trustee,
employee, or agent of the Fund or arising from his activities in such capacity.
This Agreement may be amended from time to time by written agreement signed
by all of the parties; provided, that such amendment shall be approved both by
the vote of a majority of Trustees of the Fund, including a majority of Trustees
who are not interested persons of the Trustee to this Agreement (other than as
Trustees of the Fund) cast in person at a meeting called for that purpose, and
by the holders of a majority (as defined in the Act) of the outstanding voting
securities of the Fund to which this Agreement is applicable.
This Agreement may be amended by agreement of the parties without the vote
or consent of the shareholders of the Fund to supply any omission, to cure,
correct, or supplement any ambiguous, defective, or inconsistent provision
hereof, or if they deem it necessary to conform this Agreement to the
requirements of applicable federal and/or state laws or regulations, but neither
the Fund nor the Trustee shall be liable for failing to do so.
In the event of any litigation or disagreement between the parties
regarding the subject of this indemnification, the prevailing party shall, in
addition to any other relief, be paid its reasonable attorneys' fees and costs
as determined by the court or trier of fact hearing said
3
dispute. The parties agree that any litigation arising out of this
indemnification shall only be brought and heard and shall only be venued in a
federal or state court in Reno, Nevada.
THE AMERICAN TIGER FUNDS
Dated as of September 9, 1998
By:
-------------------------------------
Xxxxx X. Xxxxxxxxx, Trustee
By:
-------------------------------------
Xxxxxxx Xxxxxxxxx, Trustee
By:
-------------------------------------
Xxxxx Xxxxxx, Trustee
By:
-------------------------------------
Xxxx Xxxxxxx, Trustee
ACCEPTED AND AGREED
By:
-------------------------
Xxxxx Xxxxxx, Trustee
4
TRUSTEE INDEMNIFICATION AGREEMENT
In consideration of Xxxx Xxxxxxx ("Trustee"), acting as a trustee of The
American Tiger Funds (the "Fund"), pursuant to a Declaration of Trust dated
September 9, 1998, the Fund and Trustee agree as follows: Trustee will use his
best efforts in performing his Trustee obligations, but in the absence of
willful misfeasance, bad faith, gross negligence, or reckless disregard of his
obligations, Trustee shall not be liable to the Fund, or any of the Fund's
investors, for any error of judgment or mistake of law or fact, for any act or
omission by Trustee or for any losses sustained by the Fund, or the Fund's
investors.
The Fund shall indemnify each of its Trustees, officers, employees, and
agents (including persons who serve at its request as directors, officers, or
trustees of another organization in which it has any interest, as a shareholder,
creditor, or otherwise) against all liabilities and expenses (including amounts
paid in satisfaction of judgments, in compromise, as fines and penalties, and as
counsel fees) reasonably incurred by him in connection with the defense or
disposition of any action, suit, or other proceeding, whether civil or criminal,
in which he may be involved or with which he may be threatened, while in office
or thereafter, by reason of his being or having been such a Trustee, officer,
employee, or agent, except with respect to any matter as to which he shall have
been adjudicated to have acted in bad faith, willful misfeasance, gross
negligence, or reckless disregard of his duties; provided, however, that as to
any matter disposed of by a compromise payment by such Person, pursuant to a
consent decree or otherwise, no indemnification either for said payment or for
any other expenses shall be provided unless there has been a determination that
such person
1
did not engage in bad faith, willful misfeasance, gross negligence, or reckless
disregard of his duties involved in the conduct of his office by the court or
other body approving the settlement or other disposition or by a reasonable
determination, based upon review of readily available facts (as opposed to a
full trial-type inquiry), that he did not engage in such conduct by written
opinion from independent legal counsel approved by a majority of a quorum of
trustees who are neither interested persons nor parties to the proceedings. The
rights accruing to any person under these provisions shall not exclude any other
right to which he may be lawfully entitled; provided that no person may satisfy
any right of indemnity or reimbursement granted herein or to which he may
otherwise be entitled except out of the Fund Property. A majority of a quorum
of disinterested non-party Trustees may make advance payments in connection with
indemnification under this section, provided that the indemnified person shall
have given a written undertaking adequately secured to reimburse the Fund in the
event it is subsequently determined that he is not entitled to such
indemnification, or a majority of a quorum of disinterested non-party Trustees
or independent counsel determine, after a review of readily available facts,
that the person seeking indemnification will probably be found to be entitled to
indemnification.
Insofar as indemnification for liability arising under the Securities Act
of 1933 may be permitted to the Trustees, officers, and controlling persons of
the Fund pursuant to the provisions described herein, the Fund has been advised
that, in the opinion of the SEC, such indemnification is against public policy
as expressed in the Act and is, therefore, unenforceable. In the event that a
claim for indemnification against such liabilities (other than the payment by
the Fund of expenses incurred or paid by a Trustee, officer, or controlling
person of the Fund in the successful defense of any action, suit, or proceeding)
is asserted by such Trustee, officer, or controlling person in connection with
the securities
2
being registered, the Fund will, unless in the opinion of its counsel the matter
has been settled by controlling precedent, submit to a court of appropriate
jurisdiction the question of whether such indemnification by it is against
public policy as expressed in the Act and will be governed by the final
adjudication of such issue.
The Fund may purchase and maintain insurance on behalf of an officer,
Trustee, employee, or agent protecting such person, to the full extent permitted
by applicable law, from liability incurred by such person as officer, Trustee,
employee, or agent of the Fund or arising from his activities in such capacity.
This Agreement may be amended from time to time by written agreement signed
by all of the parties; provided, that such amendment shall be approved both by
the vote of a majority of Trustees of the Fund, including a majority of Trustees
who are not interested persons of the Trustee to this Agreement (other than as
Trustees of the Fund) cast in person at a meeting called for that purpose, and
by the holders of a majority (as defined in the Act) of the outstanding voting
securities of the Fund to which this Agreement is applicable.
This Agreement may be amended by agreement of the parties without the vote
or consent of the shareholders of the Fund to supply any omission, to cure,
correct, or supplement any ambiguous, defective, or inconsistent provision
hereof, or if they deem it necessary to conform this Agreement to the
requirements of applicable federal and/or state laws or regulations, but neither
the Fund nor the Trustee shall be liable for failing to do so.
In the event of any litigation or disagreement between the parties
regarding the subject of this indemnification, the prevailing party shall, in
addition to any other relief, be paid its reasonable attorneys' fees and costs
as determined by the court or trier of fact hearing said
3
dispute. The parties agree that any litigation arising out of this
indemnification shall only be brought and heard and shall only be venued in a
federal or state court in Reno, Nevada.
THE AMERICAN TIGER FUNDS
Dated as of September 9, 1998
By:
-------------------------------------
Xxxxx X. Xxxxxxxxx, Trustee
By:
-------------------------------------
Xxxxxxx Xxxxxxxxx, Trustee
By:
-------------------------------------
Xxxxx Xxxxxx, Trustee
By:
-------------------------------------
Xxxxx Xxxxxx, Trustee
ACCEPTED AND AGREED
By:
-------------------------
Xxxx Xxxxxxx, Trustee
4
TRUSTEE INDEMNIFICATION AGREEMENT
In consideration of Xxxxxxx Xxxxxxxxx ("Trustee"), acting as a trustee of
The American Tiger Funds (the "Fund"), pursuant to a Declaration of Trust dated
September 9, 1998, the Fund and Trustee agree as follows: Trustee will use his
best efforts in performing his Trustee obligations, but in the absence of
willful misfeasance, bad faith, gross negligence, or reckless disregard of his
obligations, Trustee shall not be liable to the Fund, or any of the Fund's
investors, for any error of judgment or mistake of law or fact, for any act or
omission by Trustee or for any losses sustained by the Fund, or the Fund's
investors.
The Fund shall indemnify each of its Trustees, officers, employees, and
agents (including persons who serve at its request as directors, officers, or
trustees of another organization in which it has any interest, as a shareholder,
creditor, or otherwise) against all liabilities and expenses (including amounts
paid in satisfaction of judgments, in compromise, as fines and penalties, and as
counsel fees) reasonably incurred by him in connection with the defense or
disposition of any action, suit, or other proceeding, whether civil or criminal,
in which he may be involved or with which he may be threatened, while in office
or thereafter, by reason of his being or having been such a Trustee, officer,
employee, or agent, except with respect to any matter as to which he shall have
been adjudicated to have acted in bad faith, willful misfeasance, gross
negligence, or reckless disregard of his duties; provided, however, that as to
any matter disposed of by a compromise payment by such Person, pursuant to a
consent decree or otherwise, no indemnification either for said payment or for
any other expenses shall be provided unless there has been a determination that
such person
1
did not engage in bad faith, willful misfeasance, gross negligence, or reckless
disregard of his duties involved in the conduct of his office by the court or
other body approving the settlement or other disposition or by a reasonable
determination, based upon review of readily available facts (as opposed to a
full trial-type inquiry), that he did not engage in such conduct by written
opinion from independent legal counsel approved by a majority of a quorum of
trustees who are neither interested persons nor parties to the proceedings. The
rights accruing to any person under these provisions shall not exclude any other
right to which he may be lawfully entitled; provided that no person may satisfy
any right of indemnity or reimbursement granted herein or to which he may
otherwise be entitled except out of the Fund Property. A majority of a quorum
of disinterested non-party Trustees may make advance payments in connection with
indemnification under this section, provided that the indemnified person shall
have given a written undertaking adequately secured to reimburse the Fund in the
event it is subsequently determined that he is not entitled to such
indemnification, or a majority of a quorum of disinterested non-party Trustees
or independent counsel determine, after a review of readily available facts,
that the person seeking indemnification will probably be found to be entitled to
indemnification.
Insofar as indemnification for liability arising under the Securities Act
of 1933 may be permitted to the Trustees, officers, and controlling persons of
the Fund pursuant to the provisions described herein, the Fund has been advised
that, in the opinion of the SEC, such indemnification is against public policy
as expressed in the Act and is, therefore, unenforceable. In the event that a
claim for indemnification against such liabilities (other than the payment by
the Fund of expenses incurred or paid by a Trustee, officer, or controlling
person of the Fund in the successful defense of any action, suit, or proceeding)
is asserted by such Trustee, officer, or controlling person in connection with
the securities
2
being registered, the Fund will, unless in the opinion of its counsel the matter
has been settled by controlling precedent, submit to a court of appropriate
jurisdiction the question of whether such indemnification by it is against
public policy as expressed in the Act and will be governed by the final
adjudication of such issue.
The Fund may purchase and maintain insurance on behalf of an officer,
Trustee, employee, or agent protecting such person, to the full extent permitted
by applicable law, from liability incurred by such person as officer, Trustee,
employee, or agent of the Fund or arising from his activities in such capacity.
This Agreement may be amended from time to time by written agreement signed
by all of the parties; provided, that such amendment shall be approved both by
the vote of a majority of Trustees of the Fund, including a majority of Trustees
who are not interested persons of the Trustee to this Agreement (other than as
Trustees of the Fund) cast in person at a meeting called for that purpose, and
by the holders of a majority (as defined in the Act) of the outstanding voting
securities of the Fund to which this Agreement is applicable.
This Agreement may be amended by agreement of the parties without the vote
or consent of the shareholders of the Fund to supply any omission, to cure,
correct, or supplement any ambiguous, defective, or inconsistent provision
hereof, or if they deem it necessary to conform this Agreement to the
requirements of applicable federal and/or state laws or regulations, but neither
the Fund nor the Trustee shall be liable for failing to do so.
In the event of any litigation or disagreement between the parties
regarding the subject of this indemnification, the prevailing party shall, in
addition to any other relief, be paid its reasonable attorneys' fees and costs
as determined by the court or trier of fact hearing said
3
dispute. The parties agree that any litigation arising out of this
indemnification shall only be brought and heard and shall only be venued in a
federal or state court in Reno, Nevada.
THE AMERICAN TIGER FUNDS
Dated as of September 9, 1998
By:
-------------------------------------
Xxxxx X. Xxxxxxxxx, Trustee
By:
-------------------------------------
Xxxxx Xxxxxx, Trustee
By:
-------------------------------------
Xxxx Xxxxxxx, Trustee
By:
-------------------------------------
Xxxxx Xxxxxx, Trustee
ACCEPTED AND AGREED
By:
-------------------------------
Xxxxxxx Xxxxxxxxx, Trustee
4
