Presumptions. For purposes of the determination or opinion referred to in clause (c) of Section 3 or clauses (y)(i) or (y)(ii) of subsection (h) of Section 6 of this Agreement, the Non-Party Trustees or Special Counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Trustee has not engaged in Disabling Conduct.
Appears in 15 contracts
Sources: Indemnification Agreement (Virtus Equity Trust), Indemnification Agreement (Virtus Opportunities Trust), Indemnification Agreement (Virtus Retirement Trust)
Presumptions. For purposes of the determination or opinion referred to in clause (c) of Section 3 or clauses (y)(i) or (y)(ii) of subsection (h) of Section 6 of this Agreement, the Non-Party Trustees or Special Counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Trustee has not engaged in Disabling Conduct.
Appears in 7 contracts
Sources: Indemnification Agreement (Virtus Managed Account Completion Shares (MACS) Trust), Indemnification Agreement (Virtus Stone Harbor Emerging Markets Income Fund), Indemnification Agreement (Virtus Opportunities Trust)
Presumptions. For purposes of the determination or opinion referred to in clause (c) of Section 3 or clauses (y)(i) or (y)(ii) of subsection (hi) of Section 6 of this Agreement, the Non-Party Trustees or Special Counsel, as the case may be, shall be entitled to rely upon a rebuttable presumption that the Trustee has not engaged in Disabling Conduct.
Appears in 2 contracts
Sources: Indemnification Agreement (Virtus Opportunities Trust), Indemnification Agreement (Virtus Insight Trust)