Common use of APPOINTMENT; DELIVERY OF DOCUMENTS Clause in Contracts

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.

Appears in 2 contracts

Samples: Administration Agreement (Managed Municipal Fund Inc), Administration Agreement (North American Government Bond Fund Inc)

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APPOINTMENT; DELIVERY OF DOCUMENTS. (a) Each Company The Trust hereby appoints Forumthe Distributor, and Forum the Distributor hereby agrees, to act as administrator distributor of the Company Shares for the period and on the terms set forth in this Agreement. (b) In connection therewith, each Company the Trust has delivered to Forum the Distributor copies of: of (i) its Articles of Incorporation the Trust's Trust Instrument and Bylaws (collectively, as amended from time to time, "Organic Documents"); , (ii) its the Trust's 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 prospectuses and Statement statements of Additional Information additional information of each of its Funds Fund and Class thereof (collectively, as currently in effect and as amended or supplemented, the "Prospectus"); , (iv) each current plan of distribution or similar document adopted by it the Trust under Rule 12b-1 under the 1940 Act ("Plan") and each current shareholder service plan or similar document adopted by it the Trust ("Service Plan"); and (viv) all procedures adopted by it the Trust with respect to the FundsFunds (E.G., repurchase agreement procedures), and shall promptly furnish Forum the Distributor with all amendments of or supplements to the foregoing. Each Company The Trust shall deliver to Forum the Distributor a certified copy of the resolution of its the Board of Directors Trustees of the Trust (the "Board") appointing Forum the Distributor and authorizing the execution and delivery of this Agreement.

Appears in 2 contracts

Samples: Distribution Agreement (Monarch Funds), Distribution Agreement (Monarch Funds)

APPOINTMENT; DELIVERY OF DOCUMENTS. (a) Each Company The Trust hereby appoints Forum, and Forum hereby agrees, to act as administrator fund accountant of the Company Trust for the period and on the terms set forth in this Agreement. (b) In connection therewith, each Company the Trust has delivered to Forum copies of: (i) its Articles the Trust's declaration of Incorporation trust and Bylaws bylaws (collectively, as amended from time to time, "Organic Documents"); (ii) its Registration Statement the Trust's 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 Trust's current Prospectus prospectus and Statement statement of Additional Information additional information of each of its Funds Fund (collectively, as currently in effect and as amended or supplemented, the "Prospectus"); (iv) each plan of distribution or similar document adopted by it the Trust under Rule 12b-1 under the 1940 Act ("Plan") and each current shareholder service plan or similar document adopted by it the Trust ("Service Plan"); and (v) all procedures adopted by it the Trust with respect to the FundsFunds (e.g., repurchase agreement procedures), and shall promptly furnish Forum with all amendments of or supplements to the foregoing. Each Company The Trust shall deliver to Forum a certified copy of the resolution of its the Board of Directors Trustees of the Trust (the "Board") appointing Forum and authorizing the execution and delivery of this Agreement.

Appears in 1 contract

Samples: Fund Accounting Agreement (Ark Funds/Ma)

APPOINTMENT; DELIVERY OF DOCUMENTS. (a) Each Company The Corporation hereby appoints Forum, and Forum hereby agrees, to act as administrator of the Company Corporation for the period and on the terms set forth in this Agreement. (b) In connection therewith, each Company the Corporation has delivered to Forum copies of: of (i) its the Corporation's Articles of Incorporation and Bylaws (collectively, as amended from time to time, "Organic Documents"); , (ii) its the Corporation's 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 Corporation's current Prospectus and Statement of Additional Information of each of its Funds Fund (collectively, as currently in effect and as amended or supplemented, the "Prospectus"); , (iv) each current plan of distribution or similar document adopted by it the Corporation under Rule 12b-1 under the 1940 Act ("Plan") and each current shareholder service plan or similar document adopted by it the Corporation ("Service Plan"); , and (viv) all procedures adopted by it the Corporation with respect to the FundsFunds (i.e., repurchase agreement procedures), and shall promptly furnish Forum with all amendments of or supplements to the foregoing. Each Company The Corporation shall deliver to Forum a certified copy of the resolution of its the Board of Directors of the Corporation (the "Board") appointing Forum and authorizing the execution and delivery of this Agreement.

Appears in 1 contract

Samples: Administration Agreement (Tanaka Funds Inc)

APPOINTMENT; DELIVERY OF DOCUMENTS. (a) Each Company The Fund, hereby appoints ForumForum to act as, and Forum hereby agrees, agrees to act as administrator as, (i) transfer agent for the authorized and issued shares of the Company for Fund ("Shares"), (ii) dividend disbursing agent and (iii) agent in connection with any accumulation, open-account or similar plans provided to the period registered owners of shares of any of the Fund ("Shareholders") and on set out in the terms set forth in this Agreementcurrently effective prospectus and statement of additional information (collectively the "Prospectus") of the Fund, including, without limitation, any periodic investment plan or periodic withdrawal program. (b) In connection therewith, each Company the Fund has delivered to Forum copies of: of (i) its Articles the Fund's Declaration of Incorporation Trust and Bylaws (collectively, as amended from time to time, "Organic Documents"); , (ii) its the Fund's 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 Fund's current Prospectus and Statement of Additional Information of each of its Funds (collectively, as currently in effect and as amended or supplemented, the "Prospectus"); and (iv) each current plan of distribution or similar document adopted by it the Fund under Rule 12b-1 under the 1940 Act ("Plan") and each current shareholder service plan or similar document adopted by it the Fund ("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 The Fund shall deliver to Forum a certified copy of the resolution of its the Board of Directors the Fund (the "Board") appointing Forum and authorizing the execution and delivery of this Agreement.

Appears in 1 contract

Samples: Transfer Agency and Services Agreement (Islamic Global Equity Fund)

APPOINTMENT; DELIVERY OF DOCUMENTS. (a) Each Company The Trust hereby appoints Forum, and Forum hereby agrees, to act as administrator of the Company Trust for the period and on the terms set forth in this Agreement. (b) In connection therewith, each Company the Trust has delivered to Forum copies of: of (i) its Articles of Incorporation and the Trust's Trust Instrument and, if applicable, Bylaws (collectively, as amended from time to time, "Organic Documents"); , (ii) its the Trust's 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 Part A and Statement of Additional Information Part B of each of its Funds Portfolio's Registration Statement (collectively, as currently in effect and as amended or supplemented, the "ProspectusOffering Document"); , (iv) each plan of distribution or similar document adopted by it the Trust under Rule 12b-1 under the 1940 Act ("Plan") and each current shareholder service plan or similar document adopted by it the Trust ("Service Plan"); , and (v) all procedures adopted by it the Trust with respect to the FundsPortfolios (i.e., repurchase agreement procedures), and shall promptly furnish Forum with all amendments of or supplements to the foregoing. Each Company The Trust shall deliver to Forum a certified copy of the resolution of its the Board of Directors Trustees of the Trust (the "Board") appointing Forum and authorizing the execution and delivery of this Agreement.

Appears in 1 contract

Samples: Administration Agreement (Core Trust /De)

APPOINTMENT; DELIVERY OF DOCUMENTS. (a) Each Company Allfirst hereby appoints Forum, and Forum hereby agreesagrees to act, to act as sub-administrator of the Company Trust for the period and on the terms set forth in this Agreement. (b) In connection therewith, each Company Allfirst has delivered to Forum copies of: (i) its Articles the Trust's declaration of Incorporation trust and Bylaws bylaws (collectively, as amended from time to time, "Organic Documents"); (ii) its Registration Statement the Trust's 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 Trust's current Prospectus prospectus and Statement statement of Additional Information additional information of each of its Funds Fund (collectively, as currently in effect and as amended or supplemented, the "Prospectus"); (iv) each plan of distribution or similar document adopted by it the Trust under Rule 12b-1 under the 1940 Act ("Plan") and each current shareholder service plan or similar document adopted by it the Trust ("Service Plan"); and (v) all procedures adopted by it the Trust with respect to the FundsFunds (e.g., repurchase agreement procedures), 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.

Appears in 1 contract

Samples: Sub Administration Agreement (Ark Funds/Ma)

APPOINTMENT; DELIVERY OF DOCUMENTS. (a) Each Company The Trust hereby appoints Forumthe Distributor, and Forum the Distributor hereby agrees, to act as administrator distributor of the Company Shares for the period and on the terms set forth in this Agreement. (b) In connection therewith, each Company the Trust has delivered to Forum the Distributor copies of: of (i) its Articles of Incorporation the Trust’s Trust Instrument and Bylaws (collectively, as amended from time to time, "Organic Documents"); , (ii) its the Trust’s 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 prospectuses and Statement statements of Additional Information additional information of each of its Funds Fund and Class thereof (collectively, as currently in effect and as amended or supplemented, the "Prospectus"); , (iv) each current plan of distribution or similar document adopted by it the Trust under Rule 12b-1 under the 1940 Act ("Plan") and each current shareholder service plan or similar document adopted by it the Trust ("Service Plan"); and (viv) all procedures adopted by it the Trust with respect to the FundsFunds (e.g., repurchase agreement procedures), and shall promptly furnish Forum the Distributor with all amendments of or supplements to the foregoing. Each Company The Trust shall deliver to Forum a certified copy of the resolution of its the Board of Directors Trustees of the Trust (the "Board") appointing Forum and authorizing the execution and delivery of this Agreement.

Appears in 1 contract

Samples: Distribution Agreement (Forum Funds)

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APPOINTMENT; DELIVERY OF DOCUMENTS. (a) Each Company The Fund, hereby appoints ForumForum to act as, and Forum hereby agrees, agrees to act as administrator as, (i) transfer agent for the authorized and issued shares of the Company for Fund ("Shares"), (ii) dividend disbursing agent and (iii) agent in connection with any accumulation, open-account or similar plans provided to the period registered owners of shares of the Fund ("Shareholders") and on set out in the terms set forth in this Agreementcurrently effective Offering Documents ("Offering Documents") of the Fund, including, without limitation, any periodic investment plan or periodic withdrawal program. (b) In connection therewith, each Company the Fund has delivered to Forum copies of: of (i) its the Fund's Articles of Incorporation and Bylaws (collectively, as amended from time to time, "Organic Documents"); , (ii) its the Fund's 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 Fund's current Prospectus Offering Documents, and Statement of Additional Information of each of its Funds (collectively, as currently in effect and as amended or supplemented, the "Prospectus"); (iv) each current plan of distribution or similar document adopted by it the Fund under Rule 12b-1 under the 1940 Act ("Plan") and each current shareholder service plan or similar document adopted by it the Fund ("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 The Fund shall deliver to Forum a certified copy of the resolution of its the Board of Directors of the Fund (the "Board") appointing Forum and authorizing the execution and delivery of this Agreement.

Appears in 1 contract

Samples: Transfer Agency and Services Agreement (BBH Common Settlement Fund Ii Inc)

APPOINTMENT; DELIVERY OF DOCUMENTS. (a) Each Company The Trust hereby appoints Forum, and Forum hereby agrees, to act as administrator fund accountant of the Company Trust for the period and on the terms and conditions set forth in this Agreement. (b) In connection therewith, each Company the Trust has delivered to Forum copies of: (i) its Articles the Trust's Declaration of Incorporation Trust and Bylaws (collectively, as amended from time to time, "Organic Trust Documents"); (ii) its the Trust's 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 Trust's current Prospectus and Statement of Additional Information offering memoranda of each of its Funds Fund (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 PlanOffering Memorandum"); and (viv) all procedures adopted by it the Trust as of the date hereof with respect to the FundsFunds relating to the subject matter of this Agreement (e.g., repurchase agreement procedures), including any procedures adopted with respect to the Funds as of the date hereof by Undiscovered Managers, LLC as the current Administrator of the Fund ("Trust Procedures"), and shall promptly furnish Forum with all amendments of or supplements to the foregoing. Each Company The Trust shall deliver to Forum a certified copy of the resolution of its the Board of Directors of the Trust (the "Board") appointing Forum and authorizing the execution and delivery of this Agreement.

Appears in 1 contract

Samples: Fund Accounting Agreement (Um Investment Trust)

APPOINTMENT; DELIVERY OF DOCUMENTS. (a) Each Company hereby appoints Forum, and Forum hereby agrees, to act as administrator fund accountant of the 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. 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.

Appears in 1 contract

Samples: Fund Accounting Agreement (North American Government Bond Fund Inc)

APPOINTMENT; DELIVERY OF DOCUMENTS. (a) Each Company The Fund hereby appoints Forum, and Forum hereby agrees, to act as administrator of to the Company Fund for the period and on the terms and conditions set forth in this Agreement. (b) In connection therewith, each Company the Fund has delivered to Forum copies of: (i) its the Fund’s Articles of Incorporation and Bylaws By-Laws (collectively, as amended from time to time, "Organic Fund Documents"); (ii) its the Fund’s 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"), the Securities Exchange Act of 1934, as amended (the "Exchange Act"), or the 1940 Act (the "Registration Statement"); (iii) the Fund’s current Prospectus and Statement of Additional Information of each of its Funds (collectively, as currently in effect and as amended or supplemented, the "Prospectus"); and (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 the Fund as of the date hereof relating to the Fundssubject matter of this Agreement, and shall promptly furnish Forum with all amendments of or supplements to the foregoing. Each Company The Fund shall deliver to Forum a certified copy of the resolution of its the Fund’s Board of Directors (the "Board") appointing Forum and authorizing the execution and delivery of this Agreement.

Appears in 1 contract

Samples: Administration Agreement (Swiss Helvetia Fund, Inc.)

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