Limitation on Interseries and Interclass Liabilities Clause Samples
The "Limitation on Interseries and Interclass Liabilities" clause restricts the financial obligations of one series or class of securities from affecting another within the same entity. In practice, this means that if one series or class incurs debts or liabilities, those obligations are isolated and cannot be enforced against the assets of other series or classes. This structure is commonly used in investment funds or structured finance vehicles to protect investors in one series or class from losses or claims arising from another, thereby ensuring risk segregation and financial clarity among different investor groups.
Limitation on Interseries and Interclass Liabilities. Subject to the right of the Trustees in their discretion to allocate general liabilities, expenses, costs, charges or reserves as provided in Section 4.5(a), the debts, liabilities, obligations and expenses incurred, contracted for or otherwise existing with respect to a particular Series or Class shall be enforceable against the assets of such Series or Class only, and not against the assets of any other Series or Class. Notice of this limitation on liabilities between and among Series shall be set forth in the Certificate of the Trust (whether originally or by amendment) as filed or to be filed in the Office of the Secretary of State of the State of Delaware pursuant to the Delaware Statutory Trust Act, and upon the giving of such notice in the certificate of trust, the statutory provisions of Section 3804 of the Delaware Statutory Trust Act relating to limitations on liabilities between and among series (and the statutory effect under Section 3804 of setting forth such notice in the certificate of trust) shall become applicable to the Trust and each Series.