Client. The Client also represents at the date this Agreement is entered into and any Service is used or provided that: (i) Where it acts as an agent on behalf of any of its own Customers, whether or not expressly identified to the Service Provider from time to time, any such Customers will not be customers or indirect customers of the Service Provider; (ii) It has not relied on any oral or written representation made by the Service Provider or any person on its behalf other than those contained in this Agreement; (iii) Client’s decision to retain the Service Provider is not conditioned on or influenced by the amount of assets that any affiliate of the Service Provider or any customers of the Service Provider or such affiliates may from time to time invest in or through the Client; and (iv) This Agreement has been presented to, reviewed and approved by the Board of Directors or Trustees of the Funds (collectively, the “Board”).
Appears in 19 contracts
Samples: Services Agreement (John Hancock Bond Trust), Services Agreement (John Hancock Funds II), Sub Transfer Agency Services Agreement (Diamond Hill Funds)
Client. The Client also represents at the date this Agreement is entered into and any Service is used or provided that:
(i) Where it acts as an agent on behalf of any of its own Customers, whether or not expressly identified to the Service Provider from time to time, any such Customers will not be customers or indirect customers of the Service Provider;
(ii) It has not relied on any oral or written representation made by the Service Provider or any person on its behalf other than those contained in this Agreement;
(iii) Client’s decision to retain the Service Provider is not conditioned on or influenced by the amount of assets that any affiliate of the Service Provider or any customers of the Service Provider or such affiliates may from time to time invest in or through the Client; and
(iv) This Agreement has been presented to, reviewed and approved by the Board of Directors or Trustees of the Funds each Client (collectively, the “Board”).
Appears in 5 contracts
Samples: Joinder Agreement, Joinder Agreement (Blackstone Alternative Alpha Fund), Joinder Agreement (Blackstone Alternative Alpha Fund II)
Client. The Client also represents at the date this Agreement is entered into and any Service is used or provided that:
(i) Where it acts as an agent on behalf of any of its own Customers, whether or not expressly identified to the Service Provider from time to time, any such Customers will not be customers or indirect customers of the Service Provider;
(ii) It has not relied on any oral or written representation made by the Service Provider or any person on its behalf other than those contained in this Agreement;; and
(iii) Client’s decision to retain the Service Provider is not conditioned on or influenced by the amount of assets that any affiliate of the Service Provider or any customers of the Service Provider or such affiliates may from time to time invest in or through the Client; and
(iv) This Agreement has been presented to, reviewed and approved by the Board of Directors or Trustees of the Funds (collectively, the “Board”).
Appears in 4 contracts
Samples: Services Agreement (Growth Capital TEI Portfolio, LLC), Compliance Services Agreement (Growth Capital TEI Portfolio, LLC), Compliance Services Agreement (Growth Capital Master Portfolio, LLC)
Client. The Client also represents at the date this Agreement is entered into and any Service is used or provided that:
(i) Where it acts as an agent on behalf of any of its own Customers, whether or not expressly identified to the Service Provider from time to time, any such Customers will not be customers or indirect customers of the Service Provider;
(ii) It has not relied on any oral or written representation made by the Service Provider or any person on its behalf other than those contained in this Agreement;
(iii) Client’s decision to retain the Service Provider is not conditioned on or influenced by the amount of assets that any affiliate of the Service Provider or any customers of the Service Provider or such affiliates may from time to time invest in or through the Client; and
(iv) This Agreement has been presented to, reviewed and approved by the Board of Directors or Trustees of the Funds Client (collectively, the “Board”).
Appears in 3 contracts
Samples: Transfer Agency Services Agreement (Mirae Asset Discovery Funds), Services Agreement (Mirae Asset Discovery Funds), Services Agreement (Mirae Asset Discovery Funds)
Client. The Client also represents at the date this Agreement is entered into and any Service is used or provided that:
(i) Where it acts as an agent on behalf of any of its own Customers, whether or not expressly identified to the Service Provider from time to time, any such Customers will not be customers or indirect customers of the Service Provider;
(ii) It has not relied on any oral or written representation made by the Service Provider or any person on its behalf other than those contained in this Agreement;
(iii) Client’s decision to retain the Service Provider is not conditioned on or influenced by the amount of assets that any affiliate of the Service Provider or any customers of the Service Provider or such affiliates may from time to time invest in or through the Client; and
(iv) This Agreement has been presented to, reviewed and approved by the Board of Directors or Trustees of the Funds (collectively, the “each Fund’s Board”).
Appears in 3 contracts
Samples: Cco Agreement (Boston Trust & Walden Funds), Pfo Services Agreement (Allianz Variable Insurance Products Fund of Funds Trust), Pfo Services Agreement (Allianz Variable Insurance Products Trust)
Client. The Client also represents at the date this Agreement is entered into and any Service is used or provided that:
(i) Where it acts as an agent on behalf of any of its own Customers, whether or not expressly identified to the Service Provider from time to time, any such Customers will not be customers or indirect customers of the Service Provider;
(ii) It has not relied on any oral or written representation made by the Service Provider or any person on its behalf other than those contained in this Agreement;
(iii) Client’s 's decision to retain the Service Provider is not conditioned on or influenced by the amount of assets that any affiliate of the Service Provider Affiliate or any customers of the Service Provider or such affiliates Service Provider Affiliates may from time to time invest in or through the Client; and
(iv) This Agreement has been presented to, reviewed and approved by the Board of Directors or Trustees of the Funds Client (collectively, the “Board”"BOARD").
Appears in 2 contracts
Samples: Transfer Agency Services Agreement (KP Funds), Transfer Agency Services Agreement (KP Funds)
Client. The Client also represents at the date this Agreement is entered into and any Service is used or provided that:
(i) Where it acts as an agent on behalf of any of its own Customers, whether or not expressly identified to the Service Provider from time to time, any such Customers will not be customers or indirect customers of the Service Provider;
(ii) It has not relied on any oral or written representation made by the Service Provider or any person on its behalf other than those contained in this Agreement;; and
(iii) Client’s 's decision to retain the Service Provider is not conditioned on or influenced by the amount of assets that any affiliate of the Service Provider or any customers of the Service Provider or such affiliates may from time to time invest in or through the Client; and
(iv) This Agreement has been presented to, reviewed and approved by the Board of Directors or Trustees of the Funds (collectively, the “Board”).
Appears in 2 contracts
Samples: Compliance Services Agreement (Growth Capital Portfolio, LLC), Services Agreement (Growth Capital Portfolio, LLC)
Client. The Client also represents at the date this Agreement is entered into and any Service is used or provided that:
(i) Where it acts as an agent on behalf of any of its own Customers, whether or not expressly identified to the Service Provider from time to time, any such Customers will not be customers or indirect customers of the Service Provider;
(ii) It has not relied on any oral or written representation made by the Service Provider or any person on its behalf other than those contained in this Agreement;
(iii) Client’s decision to retain the Service Provider is not conditioned on or influenced by the amount of assets that any affiliate of the Service Provider or any customers of the Service Provider or such affiliates may from time to time invest in or through the Client; and
(iv) This Agreement has been presented to, reviewed and approved by the Client’s Board of Directors or Trustees of the Funds (collectively, the “Board”)with respect to each Fund.
Appears in 2 contracts
Samples: Principal Financial Officer Agreement (Mirae Asset Discovery Funds), Principal Financial Officer Agreement (Mirae Asset Discovery Funds)
Client. The Client also represents at the date this Agreement is entered into and any Service is used or provided that:
(i) Where it acts as an agent on behalf of any of its own Customers, whether or not expressly identified to the Service Provider from time to time, any such Customers will not be customers or indirect customers of the Service Provider;
(ii) It has not relied on any oral or written representation made by the Service Provider or any person on its behalf other than those contained in this Agreement;
(iii) Client’s decision to retain the Service Provider is not conditioned on or influenced by the amount of assets that any affiliate of the Service Provider or any customers of the Service Provider or such affiliates may from time to time invest in or through the Client; and
(iv) This Agreement has been presented to, reviewed and approved by to the Board of Directors or Trustees of the Funds (collectively, the “Board”)) and, if required by law, approved by the Board.
Appears in 1 contract
Client. The Client also represents at as of the date this Agreement is entered into executed by Client and any later date that a Service is used or provided that:
(i) Where it acts as an agent on behalf of any of its own Customers, whether or not expressly identified to the Service Provider from time to time, any such Customers will not be customers or indirect customers of the Service Provider;
(ii) It has not relied on any oral or written representation made by the Service Provider or any person on its behalf other than those contained in this Agreement;
(iii) Client’s decision to retain the Service Provider is not conditioned on or influenced by the amount of assets that any affiliate of the Service Provider or any customers of the Service Provider or such affiliates may from time to time invest in or through the Client;
(iv) It has the power and authority to sign and perform its obligations under the Agreement; and
(ivv) This Agreement has been presented to, reviewed and approved by the Board of Directors or Trustees of the Funds (collectively, the “Board”)Funds.
Appears in 1 contract