APPOINTMENT; DELIVERY OF DOCUMENTS. (a) The Advisor hereby appoints and employs the Sub-advisor, subject to the direction and control of the Board, to manage the investment and reinvestment of the assets of all or a portion of the Fund allocated by the Advisor to the Sub-advisor from time to time (such assets, the “Portfolio”) and, without limiting the generality of the foregoing, to provide other services as specified herein. The Sub-advisor accepts this employment and agrees to render its services for the compensation set forth herein.
(b) In connection therewith, the Advisor has delivered to the Sub-advisor copies of (i) the Trust’s Declaration of Trust and Bylaws (collectively, as amended from time to time, the “Charter Documents”), (ii) the Trust’s current Prospectus and Statement of Additional Information for the Fund (collectively, as currently in effect and as amended or supplemented, the “Registration Statement”) filed with the U.S. Securities and Exchange Commission (“SEC”) pursuant to the Securities Act of 1933, as amended (the “Securities Act”), and the 1940 Act, (iii) each plan of distribution or similar document adopted by the Trust with respect to the Fund under Rule 12b-1 under the 1940 Act (each a “Plan”) and each current shareholder service plan or similar document adopted by the Trust with respect to the Fund (each a “Service Plan”); and (iv) all procedures adopted by the Trust with respect to the Fund, and shall promptly furnish the Sub-advisor with all amendments of or supplements to the foregoing. The Advisor shall deliver to the Sub-advisor: (x) a copy of the resolution of the Board appointing the Sub-advisor as a sub-advisor to the Fund and authorizing the execution and delivery of this Agreement; (y) a copy of all proxy statements and related materials relating to the Fund; and (z) any other documents, materials or information that the Sub-advisor shall reasonably request to enable it to perform its duties pursuant to this Agreement.
(c) The Sub-advisor has delivered to the Advisor and the Trust (i) a copy of its Form ADV as most recently filed with the SEC; (ii) a copy of its code of ethics complying with the requirements of Rule 17j-1 under the 1940 Act (the “Code”); and (iii) a copy of its compliance manual pursuant to applicable regulations, including its proxy voting policies and procedures, which proxy voting policy and procedures will be included in the Trust’s registration statement. The Sub-advisor shall promptly furnish the Advisor and Trust with all amendm...
APPOINTMENT; DELIVERY OF DOCUMENTS. (a) The Trust hereby employs the Adviser, subject to the direction and control of the Board, to manage the investment and reinvestment of the assets in the Fund and, without limiting the generality of the foregoing, to provide other services as specified herein. The Adviser accepts this employment and agrees to render its services for the compensation set forth herein.
(b) In connection therewith, the Trust has delivered to the Adviser copies of: (i) the Trust's Trust Instrument and Bylaws (collectively, as amended from time to time, "Organic Documents"); (ii) the Trust's Registration Statement and all amendments thereto with respect to the Fund filed with the U.S. Securities and Exchange Commission ("SEC") pursuant to the Securities Act of 1933, as amended (the "Securities Act"), or the 1940 Act (the "Registration Statement"); (iii) the Trust's current Prospectuses and Statements of Additional Information of the Fund (collectively, as currently in effect and as amended or supplemented, the "Prospectus"); and (iv) all procedures adopted by the Trust with respect to the Fund (e.g., repurchase agreement procedures), and shall promptly furnish the Adviser with all amendments of or supplements to the foregoing (collectively the "Procedures"
APPOINTMENT; DELIVERY OF DOCUMENTS. (a) Each Company hereby appoints Forum, and Forum hereby agrees, to act as administrator of the Company for the period and on the terms set forth in this Agreement.
(b) In connection therewith, each Company has delivered to Forum copies of: (i) its Articles of Incorporation and Bylaws (collectively, as amended from time to time, "Organic Documents"); (ii) its Registration Statement and all amendments thereto filed with the U.S. Securities and Exchange Commission ("SEC") pursuant to the Securities Act of 1933, as amended (the "Securities Act"), or the 1940 Act (the "Registration Statement"); (iii) the current Prospectus and Statement of Additional Information of each of its Funds (collectively, as currently in effect and as amended or supplemented, the "Prospectus"); (iv) each plan of distribution or similar document adopted by it under Rule 12b-1 under the 1940 Act ("Plan") and each current shareholder service plan or similar document adopted by it ("Service Plan"); and (v) all procedures adopted by it with respect to the Funds, and shall promptly furnish Forum with all amendments of or supplements to the foregoing. Each Company shall deliver to Forum a certified copy of the resolution of its Board of Directors (the "Board") appointing Forum and authorizing the execution and delivery of this Agreement.
APPOINTMENT; DELIVERY OF DOCUMENTS. (a) The Trust hereby appoints FCS, and FCS hereby agrees, to provide a Chief Compliance Officer (“CCO”), as described in Rule 38a-1 under the 1940 Act (“Rule 38a-1”), for the period and on the terms and conditions set forth in this Agreement.
(b) In connection therewith, the Trust has delivered to FCS copies of: (i) the Trust’s Certificate of Incorporation and By-Laws (collectively, as amended from time to time, “Organizational Documents”); (ii) the Trust’s current Registration Statement, as amended or supplemented, filed or to be filed with the U.S. Securities and Exchange Commission (“SEC”) pursuant to the Securities Act of 1933, as amended (the “Securities Act”), or the 1940 Act (the “Registration Statement”); (iii) the Trust’s current Prospectus and Statement of Additional Information (collectively, as currently in effect and as amended or supplemented, the “Disclosure Documents”); (iv) any plan of distribution or similar document adopted by the Trust (“Distribution Plan”) and each current shareholder service plan or similar document adopted by the Trust (“Service Plan”); and (v) all policies and procedures adopted by the Trust with respect to the Trust (e.g., valuation procedures), and shall promptly furnish FCS with all amendments of or supplements to the foregoing. The Trust shall deliver to FCS a certified copy of the resolution of the Board of Trustees of the Trust (the “Board”) appointing FCS hereunder and authorizing the execution and delivery of this Agreement.
APPOINTMENT; DELIVERY OF DOCUMENTS. (a) The Trust hereby appoints FFS, and FFS hereby agrees, to provide a Chief Compliance Officer ("CCO"), as described in Rule 38a-1 of the 1940 Act ("Rule 38a-1"), to the Trust for the period and on the terms and conditions set forth in this Agreement.
(b) In connection herewith, the Trust has delivered to FFS copies of: (i) the Trust's Declaration of Trust and Bylaws (collectively, as amended from time to time, "Organizational Documents"); (ii) the Trust's current Registration Statement, as amended or supplemented, filed with the U.S. Securities and Exchange Commission ("SEC") pursuant to the Securities Act of 1933, as amended (the "Securities Act"), or the 1940 Act (the "Registration Statement"); (iii) the Trust's current Prospectus and Statement of Additional Information of each Fund (collectively, as currently in effect and as amended or supplemented, the "Prospectus" or "SAI", as the case may be, or the "Disclosure Documents"); (iv) each plan of distribution or similar document adopted by the Trust under Rule 12b-1 under the 1940 Act ("Plan") and each current shareholder service plan or similar document adopted by the Trust ("Service Plan"); (v) copies of the Fund's current annual and semi-annual reports to shareholders; and (vi) all policies, programs and procedures adopted by the Trust with respect to the Funds (e.g., repurchase agreement procedures), and shall promptly furnish FFS with all amendments of or supplements to the foregoing. The Trust shall deliver to FFS a certified copy of the resolution of the Board of Trustees of the Trust (the"Board") appointing FFS hereunder and authorizing the execution and delivery of this Agreement.
APPOINTMENT; DELIVERY OF DOCUMENTS. (a) The Trust hereby appoints WS, and WS hereby agrees, to provide a Chief Compliance Officer (“CCO”), as described in Rule 38a-1 of the 1940 Act (“Rule 38a-1”) and on the terms and conditions set forth in this Agreement.
(b) In connection therewith, the Trust has delivered to WS copies of: (i) the Trust’s Agreement and Declaration of Trust and Bylaws (collectively, as amended from time to time, “Organizational Documents”); (ii) the Trust’s current Registration Statement, as amended or supplemented, filed with the U.S. Securities and Exchange Commission (“SEC”) pursuant to the Securities Act of 1933, as amended (“Securities Act”), and the 1940 Act (“Registration Statement”); (iii) each Fund’s current Prospectus and Statement of Additional Information (collectively, as currently in effect and as amended or supplemented the “Prospectus” or “SAI”, as the case may be, or the “Disclosure Documents”); (iv) each plan of distribution or similar document adopted by each Fund under Rule 12b-1 under the 1940 Act (“Plan”) and each current shareholder service plan or similar document adopted by each Fund (“Service Plan”); (v) copies of each Fund’s current annual and semi-annual reports to shareholders; and (vi) all policies, programs and procedures adopted by the Trust with respect to each Fund (e.g., repurchase agreement procedures), and shall promptly furnish WS with all amendments of or supplements to the foregoing. The Trust shall deliver to WS a certified copy of the resolution of the Board of Trustees of the Trust (“Board”) appointing WS hereunder and authorizing the execution and delivery of this Agreement.
APPOINTMENT; DELIVERY OF DOCUMENTS. The Trust hereby appoints the Administrator, and the Administrator hereby agrees, to act as administrator of the Trust for the period and on the terms set forth in this Agreement.
APPOINTMENT; DELIVERY OF DOCUMENTS. (a) Each Company hereby appoints Forum, and Forum hereby agrees, to act as fund accountant of each Company for the period and on the terms set forth in this Agreement.
(b) In connection therewith, each Company has delivered to Forum copies of: (i) its Articles of Incorporation and Bylaws (collectively, as amended from time to time, "Organic Documents"); (ii) its Registration Statement and all amendments thereto filed with the U.S.
APPOINTMENT; DELIVERY OF DOCUMENTS. (a) Each Company, on behalf of the Funds, hereby appoints Forum to act as, and Forum agrees to act as, (i) transfer agent for the authorized and issued shares of beneficial interest of each Company representing interests in each of the respective Funds and Classes thereof ("Shares"), (ii) dividend disbursing agent and (iii) agent in connection with any accumulation, open-account or similar plans provided to the registered owners of shares of any of the Funds ("Shareholders") and set out in the currently effective prospectuses and statements of additional information (collectively "prospectus") of the applicable Fund, including, without limitation, any periodic investment plan or periodic withdrawal program.
(b) In connection therewith, each Company has delivered to Forum copies of: (i) its Articles of Incorporation and Bylaws (collectively, as amended from time to time, "Organic Documents"); (ii) its Registration Statement and all amendments thereto filed with the U.S.
APPOINTMENT; DELIVERY OF DOCUMENTS. (a) Each Trust, on behalf of the applicable Funds, hereby appoints Atlantic, and Atlantic hereby agrees, to act or to cause an Affiliate to act for the Trusts and for each of the Funds for the period and on the terms set forth in this Agreement to provide the services set forth in Appendix B (the “Services”). As the context may require (including in relation to the delivery of the Services and information, and compliance with recordkeeping requirements), references herein to Atlantic include Atlantic and such Affiliates to which Atlantic may from time to time subcontract the performance of the Services or any portion thereof pursuant to Section 5(f) of this Agreement. Pursuant and subject to the provisions of this Agreement, including Section 5(f) hereof, Atlantic shall be fully responsible to the Trusts and the Funds for the acts and omissions of any such subcontractor as Atlantic is for its own acts and omissions under this Agreement. For purposes of this Agreement, the term “Affiliate” means, with respect to any Person, any other Person that is controlled by, controls or is under common control with such Person; the term “Person” means any natural person or incorporated or unincorporated entity; and the term “control” means ownership of, or possession of the right to vote, more than 25% of the outstanding voting equity of that Person or the right to control the appointment of the board of directors, management or executive officers of that Person.
