Trust Entity Clause Samples
The Trust Entity clause defines the legal entity that acts as the trustee or holds assets on behalf of beneficiaries under a trust arrangement. Typically, this clause specifies the name, structure, and jurisdiction of the trust entity, clarifying its authority to manage, invest, or distribute trust assets according to the terms of the trust agreement. By clearly identifying the trust entity, this clause ensures that all parties understand who is responsible for fiduciary duties and helps prevent disputes over asset management or legal responsibility.
Trust Entity. The Trust Entity shall indemnify and hold harmless the Fund Company, the Funds’ custodian, the Funds’ investment adviser, the Fund Agent, the Funds’ transfer agent, each of their affiliated companies, and all of the divisions, subsidiaries, directors, trustees, officers, agents and employees of each of the foregoing (each an, “Indemnified Fund Party”), against and from any and all demands, damages, liabilities, and losses, or any pending or completed actions, claims, suits, complaints, proceedings, or investigations (including reasonable attorneys fees and other costs, including all expenses of litigation or arbitration, judgments, fines or amounts paid in any settlement consented to by the Trust Entity) to which any of them may be or become subject to as a result or arising out of: (a) any negligent act or omission by the Trust Entity, the Trust Entity’s employees or agents relating to Fund/SERV, except to the extent caused by the negligence or intentional misconduct of an Indemnified Fund Party; (b) any breach of the Trust Entity’s representations or warranties in this Agreement; (c) the failure of the Trust Entity or the Trust Entity’s agents or employees to comply with any of the terms of this Agreement; or (d) the Fund Agent’s acceptance of any transaction or account maintenance information from the Trust Entity through Fund/SERV including any fraudulent or unauthorized transaction by either the Trust Entity or the Client-shareholder.
Trust Entity. The Trust Entity shall indemnify and hold harmless ALPS, the Fund’s custodian, the Fund’s investment advisor, the Fund’s transfer agent, the Fund’s fund accounting agent, each of their affiliated companies, and all of the divisions, subsidiaries, directors, trustees, officers, agents, employees and assigns of each of the foregoing (collectively, “Indemnified Fund Parties”), against and from any and all demands, damages, liabilities, and losses, or any pending or completed actions, claims, suits, complaints, proceedings, or investigations (including reasonable attorneys fees and other costs, including all expenses of litigation or arbitration, judgments, fines or amounts paid in any settlement consented to by the Trust Entity) to which any of them may be or become subject to as a result or arising out of (a) any negligent act or omission by the Trust Entity, the Trust’s correspondents, or their agents relating to Fund/SERV provided ALPS has not acted negligently; (b) any breach of the Trust’s representations or warranties in this Agreement; (c) the failure of the Trust Entity or the Trust’s correspondents to comply with any of the terms of this Agreement; or (d) ALPS’ acceptance of any transaction or account maintenance information from the Trust Entity through Fund/SERV including any fraudulent or unauthorized transaction by either the Trust Entity or the Client-shareholder.
Trust Entity. The Trust entity shall indemnify and hold harmless the Funds, the Funds’ custodian, the Funds’ underwriter, the Funds’ distributor, the Funds’ investment advisor, the Fund Agent, the Funds’ transfer agent/shareholder servicing agent, each of their affiliated companies, and all of the divisions, subsidiaries, directors, trustees, officers, agents, employees and assigns of each of the foregoing (collectively, “Indemnified Fund Parties”), against and from any and all demands, damages, liabilities, and losses, or any pending or completed actions, claims, suits, complaints, proceedings, or investigations (including reasonable attorneys fees and other costs, including all expenses of litigation or arbitration, judgments, fines or amounts paid in any settlement consented to by the Trust Entity) to which any of them may be or become subject to as a result or arising out of (a) any negligent act or omission by the Trust Entity, the Trust’s correspondents, or their agents relating to NETWORKING; provided the Fund Agent has not acted negligently; (b) any breach of the Trust’s representations or warranties in this Agreement; (c) the failure of the Trust Entity or the Trust’s correspondents to comply with any of the terms of this Agreement; or (d) the Fund Agent’s acceptance of any transaction or account maintenance information from the Trust Entity through NETWORKING.
Trust Entity. Trust Entity represents and warrants to Company, Investment Adviser and Distributor that:
(i) It has full power and authority under applicable law, and has taken all action necessary, to enter into and perform this Agreement and the person executing this Agreement on its behalf is duly authorized and empowered to execute and deliver this Agreement;
(ii) This Agreement constitutes the legal, valid and binding obligation of Trust Entity and is enforceable against Trust Entity in accordance with its terms;
(iii) No consent or authorization of, filing with, or other act by or in respect of any governmental authority is required in connection with the execution, delivery, performance, validity or enforceability of this Agreement;
(iv) The execution, performance and delivery of this Agreement shall not result in Trust Entity or any Designee violating any applicable law or breaching or otherwise impairing any of its contractual obligations;
(v) It and each Designee is registered as a transfer agent pursuant to Section 17A of the Securities Exchange Act of 1934 (the “1934 Act”) or as a broker-dealer pursuant to Section 15 of the 1934 Act, or is a “bank” for purposes of the 1934 Act;
(vi) The arrangements provided for in this Agreement shall be disclosed to the Clients;
(vii) It and each Designee is not and shall not be a “fiduciary” with respect to the provision of the Services for any Client as such term is defined in Section 3(21) of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and Section 4975 of the Internal Revenue Code of 1986, as amended (the “Code”). Notwithstanding the foregoing, Trust Entity and its Designee may be a fiduciary to the extent allowed by applicable law upon the advice of its own counsel;
(viii) It and each Designee is registered as a broker-dealer under the 1934 Act and any applicable state securities laws, including any laws applicable as a result of entering into and performing the Services set forth in this Agreement, or is not required to be so registered;
(ix) It and each Designee is authorized to act on behalf of each Client on whose behalf it is effecting transactions in the Account in connection with the Services pursuant to an agreement with the Client and is satisfied that the person or persons who signed the Trust Entity’s or Designees’ contracts with the Client were themselves properly authorized by the Client and the entity which they represent;
(x) It has compliance systems in place to detect the ...
Trust Entity. The Trust Entity shall indemnify and hold harmless the Funds, the Funds’ custodian, the Funds' underwriter, the Funds' investment advisor, the Funds’ transfer agent/shareholder servicing agent and Fund, each of their affiliated companies, and all of the divisions, subsidiaries, directors, trustees, officers, agents, employees and assigns of each of the foregoing against and from any and all demands, damages, liabilities, and losses, or any pending or completed actions, claims, suits, complaints, proceedings, or investigations (including reasonable attorneys fees and other costs, including all expenses of litigation or arbitration, judgments, fines or amounts paid in any settlement consented to by the Trust Entity) to which any of them may be or become subject to as a result or arising out of (a) any negligent act or omission by the Trust Entity, relating to NETWORKING; (b) any material breach of the Trust Entity’s representations or warranties in this Agreement; (c) the material failure of the Trust Entity to comply with any of the terms of this Agreement; or (d) the Fund’s acceptance of any transaction or account maintenance information from the Trust Entity through NETWORKING to the extent that Trust Entity negligently or willfully delivered inaccurate information or failed to deliver information in good order.
Trust Entity. Trust Entity shall indemnify and hold harmless the Fund Company, the Funds, the Fund Agent,, the Funds’ custodian, and the Funds’ investment adviser, and each of their directors, managers, officers, agents, employees and assigns (collectively, “Indemnified Fund Parties”), against and from any and all demands, damages, liabilities, and losses, or any pending or completed actions, claims, suits, complaints, proceedings, or investigations (including reasonable attorneys’ fees and other costs, including all expenses of litigation or arbitration, judgments, fines or amounts paid in any settlement consented to by Trust Entity) to which any of them may be or become subject to as a result or arising out of: (a) any negligent act or omission by Trust Entity related to Fund/SERV, except to the extent caused by the negligence or intentional misconduct of an Indemnified Fund Party; (b) any material breach of Trust Entity’s representations or warranties in this Agreement; ( c) the failure of Trust Entity to comply with any of the terms of this Agreement; or (d) the Fund Agent’s acceptance of any transaction or account maintenance information from Trust Entity through Fund/SERV.
Trust Entity. MG Colorado Holdings will form the Trust Entity (the "Trust Entity") upon receipt of the Trust Operations Approvals from the State of Colorado Division of Banking.