Concerning Knowledge Sample Clauses

Concerning Knowledge. When used herein, a reference to the "knowledge" of the Adviser or the Fund means the actual knowledge of a Senior Officer of such Person of the matter in question, and not just the facts giving rise to the matter. For purposes hereof, the term Senior Officer means (i) in the case of the Adviser, an officer who is a Director or occupies a more senior position, and (ii) in the case of the Fund, the President, any Vice-President, the Treasurer or the Secretary of the Fund.
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Concerning Knowledge. 41 Section 12.15 No Additional Trust Created..............................41 Exhibit A Form of Financial Guarantee Insurance Policy Exhibit B Form of Direction and Undertaking Regarding Remedies Schedule 1-A Form of Daily Gap Risk Report Schedule 1-B Form of Daily Portfolio Requirements Report Schedule 2 Form of Weekly Report Schedule 3 Notice Procedures Schedule 4 Duration Calculation Methodology FINANCIAL GUARANTEE AGREEMENT FINANCIAL GUARANTEE AGREEMENT, dated as of February 26, 2003 (the "AGREEMENT"), among AMBAC ASSURANCE CORPORATION, a Wisconsin domiciled stock insurance company (the "INSURER"), PIONEER INVESTMENT MANAGEMENT, INC., a Delaware corporation (the "ADVISER"), and PIONEER PROTECTED PRINCIPAL TRUST, a Delaware business trust (the "TRUST"), on behalf of its series PIONEER PROTECTED PRINCIPAL PLUS FUND II (the "FUND").
Sample 1
Concerning Knowledge. 33 Exhibit A Form of Financial Guarantee Insurance Policy Exhibit B Form of Direction and Undertaking Regarding Remedies Schedule 1 Form of Daily Report Schedule 2 Litigation Disclosure FINANCIAL GUARANTEE AGREEMENT FINANCIAL GUARANTEE AGREEMENT, dated as of March 29, 2002 (the "Agreement"), among AMBAC ASSURANCE CORPORATION, a Wisconsin domiciled stock insurance company (the "Insurer"), XXXXX XXXXXX FUND MANAGEMENT LLC, a Delaware limited liability company (the "Adviser"), and XXXXX XXXXXX TRUST II, a Massachusetts business trust (the "Trust"), on behalf of its series XXXXX XXXXXX CAPITAL PRESERVATION FUND (the "Fund").
Sample 1
Concerning Knowledge. 45 Section 12.15 No Additional Trust Created ................................................ 45 Exhibit A Form of Financial Guarantee Insurance Policy Exhibit B Form of Direction and Undertaking Regarding Remedies Schedule 1 Notice Procedures Schedule 2 Form of Daily Report (Calculation Agent) Schedule 3 Form of Holdings Report (Fund Accounting Agent) Schedule 4 Form of Trial Balance Report (Fund Accounting Agent) Schedule 5 Form of Purchases and Sales Report (Fund Accounting Agent) Schedule 6 Form of Weekly Investment Restrictions Report (Adviser) Schedule 7 Form of Weekly Sector Weights Report (Adviser) Schedule 8 Form of Weekly Fund Statistics Report (Adviser) FINANCIAL GUARANTEE AGREEMENT FINANCIAL GUARANTEE AGREEMENT, dated as of January 17, 2003 (the "Agreement"), among AMBAC ASSURANCE CORPORATION, a Wisconsin domiciled stock insurance company (the "Insurer"), FRANK RUSSELL INVESTMENT MANAGEMENT COMPANY, a Washington corporatixx (xxx "Xxxxser"), SALOMON SMITH BARNEY INC., a corporation organized under the laws ox xxx Xxxxx xf New York (the "Calculation Agent"), and FRANK RUSSELL INVESTMENT COMPANY, a Massachusetts business trust (txx "Xxxxx"), on behalf of its series RUSSELL MULTI-MANAGER PRINCIPAL PROTECTED FUND (the "Fund").
Sample 1
Concerning Knowledge. 35 Section 12.15 No Additional Trust Created.............................................35 Section 12.16
Sample 1

Related to Concerning Knowledge

  • Knowledge Whenever a representation or warranty or other statement in this Agreement (including, without limitation, Schedule I hereto) is made with respect to a Person's "knowledge," such statement refers to such Person's employees or agents who were or are responsible for or involved with the indicated matter and have actual knowledge of the matter in question.

  • No Knowledge The Company has no knowledge of any event which would be more likely than not to have the effect of causing such Registration Statement to be suspended or otherwise ineffective.

  • Best Knowledge Best Knowledge" shall mean both what a Person knew as well as what the Person should have known had the Person exercised reasonable diligence. When used with respect to a Person other than a natural person, the term "Best Knowledge" shall include matters that are known to the directors and officers of the Person.

  • Full Knowledge By their signatures, the parties acknowledge that they have carefully read and fully understand the terms and conditions of this Agreement, that each party has had the benefit of counsel, or has been advised to obtain counsel, and that each party has freely agreed to be bound by the terms and conditions of this Agreement.

  • Prior Actions and Knowledge I represent and warrant that from the time of my first contact or communication with the Company, I have held in strict confidence all Proprietary Information and have not (i) disclosed any Proprietary Information or delivered any Company Materials to anyone outside of the Company or any affiliate or related entity of the Company, or (ii) used, copied, published, or summarized any Proprietary Information or removed any Company Materials from the business premises of the Company, except to the extent necessary to carry out my responsibilities as an employee of the Company.

  • Buyer’s Knowledge Buyer has no knowledge of any fact which results in any representation or warranty of Seller in Article 6 being breached. If after the date of this Agreement, Buyer obtains knowledge of any fact which results in any representation or warranty of Seller being breached, Buyer will promptly furnish Seller written notice thereof.

  • No Deemed Knowledge The Indenture Trustee will not be deemed to have knowledge of a Default, an Event of Default or a breach of a representation or warranty unless (i) a Responsible Person of the Indenture Trustee has knowledge of the Default, Event of Default or breach or (ii) it has actually received notice of the Default, Event of Default or breach.

  • Schedules; Knowledge Each party is presumed to have full knowledge of all information set forth in the other party's schedules delivered pursuant to this Agreement.

  • CONCERNING BNY 1. BNY shall not be liable for any costs, expenses, damages, liabilities or claims, including attorneys' and accountants' fees, sustained or incurred by, or asserted against, the Fund except to the extent the same arises out of the failure of BNY to exercise the care, prudence and diligence required by Section 2 of Article II hereof. In no event shall BNY be liable to the Fund, the Board, or any third party for special, indirect or consequential damages, or for lost profits or loss of business, arising in connection with this Agreement.

  • Purchaser’s Knowledge The Sellers shall not be liable for any Claim if and to the extent that the Purchaser or any of its Representatives is aware at the date of this Agreement of the fact, matter, event or circumstance which is the subject matter of the Claim.

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