Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the Trust, each person who has been, is, or may hereafter be an officer, director, employee or agent of the Trust, and any person who controls the Trust within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its covenants herein contained, or any alleged untrue statement of a material fact, or the alleged omission to state a material fact necessary to make the statements made not misleading, on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the Trust. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
Appears in 4 contracts
Sources: Distribution Agreement (Members Mutual Funds), Distribution Agreement (Members Mutual Funds), Distribution Agreement (Members Mutual Funds)
Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the TrustCorporation, each person who has been, is, or may hereafter be an officer, director, employee or agent of the TrustDistributor, and any person who controls the Trust Corporation within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its covenants herein contained, or any alleged untrue statement of a material fact, or the alleged omission to state a material fact necessary to make the statements made not misleading, misleading on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the TrustCorporation. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
Appears in 4 contracts
Sources: Distribution Agreement (Transamerica Investors Inc), Distribution Agreement (Transamerica Investors Inc), Distribution Agreement (Transamerica Investors Inc)
Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the TrustFunds, each person who has been, is, or may hereafter be an officer, director, employee or agent of the TrustDistributor, and any person who controls the Trust Funds within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its covenants herein contained, or any alleged untrue statement of a material fact, or the alleged omission to state a material fact necessary to make the statements made not misleading, misleading on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the TrustFunds. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
Appears in 3 contracts
Sources: Distribution Agreement (Northern Lights Fund Trust Ii), Distribution Agreement (Northern Lights Fund Trust Ii), Distribution Agreement (Northern Lights Fund Trust Ii)
Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the TrustCorporation, each person who has been, is, or may hereafter be an officer, director, employee or agent of the TrustDistributor, and any person who controls the Trust Corporation within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its covenants herein contained, or any alleged untrue statement of a material fact, or the alleged omission to state a material fact necessary to make the statements made not misleading, on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the TrustCorporation. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
Appears in 2 contracts
Sources: Distribution Agreement (Transamerica Investors Inc), Distribution Agreement (Transamerica Investors Inc)
Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold each Fund, the Trust, each person who has been, is, or may hereafter be an officer, director, employee or agent of the Trust, and any person who controls the Trust a Fund within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its covenants herein contained, or any alleged untrue statement of a material fact, or the alleged omission to state a material fact necessary to make the statements made not misleading, misleading on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the Trustrelevant Trust or the Fund. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
Appears in 2 contracts
Sources: Distribution Agreement (Advisors Preferred Trust), Distribution Agreement (Advisors Preferred Trust)
Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the TrustCompany, each person who has been, is, or may hereafter be an officer, director, employee or agent of the TrustCompany, and any person who controls the Trust Company within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its the Distributor's covenants herein contained, or any alleged untrue statement of a material fact, or the alleged omission to state a material fact necessary to make the statements made not misleading, on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the TrustCompany. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
Appears in 2 contracts
Sources: Principal Underwriting Agreement (M Fund Inc), Principal Underwriting Agreement (M Fund Inc)
Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the TrustCompany, each person who has been, is, or may hereafter be an officer, director, employee or agent of the TrustCompany, and any person who controls the Trust Company within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, suit or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its the Distributor's covenants herein contained, or any alleged untrue statement of a material fact, or the alleged omission to state a material fact necessary to make the statements made not misleading, on the part of the Distributor or any nay agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the TrustCompany. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
Appears in 1 contract
Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the TrustFund, each person who has been, is, or may hereafter be an officer, director, employee or agent of the TrustDistributor, and any person who controls the Trust Fund within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its covenants herein contained, or any alleged untrue statement of a material fact, or the alleged omission to state a material fact necessary to make the statements made not misleading, misleading on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the TrustFund. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
Appears in 1 contract
Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the Trusteach Fund, each person who has been, is, or may hereafter be an officer, director, employee or agent of the TrustDistributor, and any person who controls the Trust a Fund within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its covenants herein contained, or any alleged untrue statement of a material fact, or the alleged omission to state a material fact necessary to make the statements made not misleading, misleading on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the Trustrelevant Fund. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
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