Communications to Investors. Without the written approval of the Service Provider, the Client will not describe the Services or the terms or conditions of this Agreement in any communication or document intended for distribution to any Investor in connection with the offering or sale by the Client of securities, products or services (an “Offering Document”); nor will the Client amend any such references to the Service Provider or the terms or conditions of this Agreement in any Offering Document that has been previously approved by the Service Provider without the Service Provider’s written approval. The Service Provider will not unreasonably withhold, condition or delay any of the foregoing requested approvals, provided that the Client include, upon request by the Service Provider, reasonable notices describing those terms of this Agreement relating to the Service Provider and its liability and the limitations thereon. If the Services include the distribution by the Service Provider of notices or statements to Investors, the Service Provider may, upon advance notice to the Client, include reasonable notices describing those terms of this Agreement relating to the Service Provider and its liability and the limitations thereon; if Investor notices are not sent by the Service Provider but rather by the Client or some other Person, the Client will reasonably cooperate with any request by the Service Provider to include such notices. The Client shall not, in any communications with Investors, whether oral or written, make any representations to its Investors stating or implying that the Service Provider is providing valuations with respect to the Client’s securities, products or services, verifying any valuations, or verifying the existence of any assets in connection with the Client’s securities, products or services.
Communications to Investors. The Parties acknowledge that it will be necessary for the Funds to describe the Services provided by Service Provider in various communications or documents intended for distribution to Investors and potential Investors in connection with the offering or sale by the Funds of securities (an “Offering Document”). The Funds will provide to Service Provider the opportunity to review and comment on Offering Documents, including references to Service Provider. The Service Provider will not unreasonably withhold, condition or delay its review and comment and the Funds will reasonably cooperate with any request by the Service Provider to include or revise descriptions of the Services or the terms of this Agreement. The Funds shall not, in any communications with Investors, whether oral or written, make any representations to its Investors stating or implying that the Service Provider is providing valuations with respect to the Funds’ securities, products or services, verifying any valuations, or verifying the existence of any assets in connection with the Funds’ securities, products or services.
Communications to Investors. Subject to receipt by BNYM of timely Written Instructions where appropriate, BNYM shall mail all communications by a Fund to its investors, including:
(i) Reports to investors;
(ii) Confirmations of purchases and sales of Interests;
(iii) Monthly or quarterly statements;
(iv) Dividend and distribution notices; and
(v) Tax form information.
