Amendment to the FP Agreement Sample Clauses

Amendment to the FP Agreement a. Article II of the FP Agreement is hereby supplemented with the following: “The Trust has adopted policies designed to prevent frequent purchases and redemptions of any Fund shares in quantities great enough to disrupt orderly management of the corresponding Fund’s investment portfolio. These policies are disclosed in the Trust’s prospectus. From time to time, the Trust and Funds Management may implement procedures reasonably designed to enforce the Trust’s disruptive trading policies and shall provide a written description of such procedures (and revisions thereto) to Nationwide. Such procedures may include the imposition of redemption fees. Nationwide’s policies and procedures include, but are not limited to, monitoring contract owner activity, imposing trade restrictions and enforcing redemption fees (of up to 1%) imposed by the funds (if applicable). The policies are disclosed in the Variable Product prospectuses.” b. Article XVI of the FP Agreement is hereby supplemented with the following: “RELATIONSHIP OF THE PARTIES · Nationwide is an independent contractor vis-à-vis the Trust, Funds Management, or any of their affiliates for all purposes hereunder and will have no authority to act for or represent any of them. In addition, no officer or employee of Nationwide will be deemed to be an employee or agent of the Trust, the Company or any of their affiliates. Nationwide will not act as an “underwriter” or “distributor” of Trust shares, as those terms variously are used in the 1940 Act, the 1933 Act, and rules and regulations promulgated thereunder. Likewise, Nationwide is not a “transfer agent” of the Trust as that term is used in the 1934 Act and rules and regulations thereunder. c. NISC shall be a party to the FP Agreement for the sole purpose of receiving payments from Funds Distributor pursuant to Rule 12b-1 under the Investment Company Act of 1940.
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Related to Amendment to the FP Agreement

  • Amendment to the Loan Agreement Section 3.1 of the Loan Agreement shall be amended and restated as follows:

  • Amendment to the Agreement Pursuant to Section 8.3 of the Agreement, Section 2.1 of the Agreement is hereby amended and restated in its entirety to read as follows:

  • Amendment to Agreement Effective as of the Amendment No. 2 Effective Date, the Agreement shall be amended as follows: The parties hereby agree to amend Exhibit A by adding the following new text as a new section 5: [START NEW TEXT]

  • Amendment to this Agreement No provision of this Agreement may be changed, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, discharge or termination is sought.

  • Amendment to Purchase Agreement Section 1.3 of the Purchase Agreement is hereby amended and restated in its entirety to read as follows:

  • Amendment to Loan Agreement Subject to satisfaction of the conditions precedent set forth in Section 4 below, the Loan Agreement is hereby amended as follows:

  • Amendment to the Credit Agreement Effective as of the date of satisfaction of the conditions precedent set forth in Section 2 below (the “Amendment No. 1 Effective Date”), the parties hereto agree that the Credit Agreement is hereby amended as follows:

  • Amendment to Rights Agreement Section 1(w) of the Agreement is hereby amended by deleting it in its entirety and replacing it with the following:

  • AMENDMENT AGREEMENT The Global Custody Agreement of January 3, 1994, (the “Custody Agreement”), as amended from time to time, by and between each of the Entities listed in Schedule A, as amended thereto, severally and not jointly (each such entity referred to hereinafter as the “Customer”) and JPMorgan Chase Bank, whose contracts have been assumed by JPMORGAN CHASE BANK (the “Bank”) is hereby further amended, as of April 21, 2011 (the “Amendment Agreement”). Terms defined in the Custody Agreement are used herein as therein defined.

  • AMENDMENT TO SECTION 1.1

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