Common use of COVENANTS OF THE FUND AND MSS Clause in Contracts

COVENANTS OF THE FUND AND MSS. 6.01 The Trust shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees of the Trust authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust on and in accordance with its request. 6.04 MSS and the Trust agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the Trust, MSS will endeavor to notify the Trust and to secure instructions from an authorized officer of the Trust as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust of any unusual request to inspect or copy the shareholder records of the Trust or the receipt of any other unusual request to inspect, copy or produce the records of the Trust.

Appears in 88 contracts

Samples: Transfer Agent Agreement (WP Trust), Transfer Agent Agreement (MSS Series Trust), Transfer Agent Agreement (Collaborative Investment Series Trust)

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COVENANTS OF THE FUND AND MSS. 6.01 The Trust Fund shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees Directors of the Trust Fund authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust Fund for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust Fund and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust Fund on and in accordance with its request. 6.04 MSS and the Trust Fund agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the TrustFund, MSS will endeavor to notify the Trust Fund and to secure instructions from an authorized officer of the Trust Fund as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust Fund of any unusual request to inspect or copy the shareholder records of the Trust Fund or the receipt of any other unusual request to inspect, copy or produce the records of the TrustFund.

Appears in 22 contracts

Samples: Transfer Agent Agreement (Clarity Fund, Inc.), Transfer Agent Agreement (Everest Funds), Transfer Agent Agreement (Everest Funds)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust Fund shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees Directors of the Trust Fund authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust Fund for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, of such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust Fund and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust Fund on and in accordance with its request. 6.04 MSS and the Trust Fund agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the TrustFund, MSS will endeavor to notify the Trust Fund and to secure instructions from an authorized officer of the Trust Fund as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust Fund of any unusual request to inspect or copy the shareholder records of the Trust Fund or the receipt of any other unusual request to inspect, copy or produce the records of the TrustFund.

Appears in 12 contracts

Samples: Transfer Agent Agreement (Mh Elite Portfolio of Funds Trust), Transfer Agent Agreement (Mh Elite Portfolio of Funds Trust), Transfer Agent Agreement (Mh Elite Portfolio of Funds Trust)

COVENANTS OF THE FUND AND MSS. 6.01 7.01 The Trust shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees of the Trust authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 7.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 7.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust on and in accordance with its request. 6.04 7.04 MSS and the Trust agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 7.05 In case of any requests or demands for the inspection of the Shareholder records of the Trust, MSS will endeavor to notify the Trust and to secure instructions from an authorized officer of the Trust as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust of any unusual request to inspect or copy the shareholder records of the Trust or the receipt of any other unusual request to inspect, copy or produce the records of the Trust.

Appears in 3 contracts

Samples: Transfer Agent Agreement (Tea Leaf Management Investment Trust), Transfer Agent Agreement (CCA Investments Trust), Transfer Agent Agreement (Grand Prix Investors Trust)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust Corporation shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees Directors of the Trust Corporation authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust Corporation for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust Corporation and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust Corporation on and in accordance with its request. 6.04 MSS and the Trust Corporation agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the TrustCorporation, MSS will endeavor to notify the Trust Corporation and to secure instructions from an authorized officer of the Trust Corporation as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust Corporation of any unusual request to inspect or copy the shareholder records of the Trust Corporation or the receipt of any other unusual request to inspect, copy or produce the records of the TrustCorporation.

Appears in 2 contracts

Samples: Transfer Agent Agreement (Northquest Capital Fund Inc), Transfer Agent Agreement (CAMCO Investors Trust)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees of the Trust authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust on and in accordance with its request. 6.04 MSS and the Trust agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder shareholder records of the Trust, MSS will endeavor to notify the Trust in writing and to secure written instructions from an authorized officer of the Trust as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust of any unusual request to inspect or copy the shareholder records of the Trust or the receipt of any other unusual request to inspect, copy or produce the records of the Trust.

Appears in 2 contracts

Samples: Transfer Agent Agreement (Gator Series Trust), Transfer Agent Agreement (PSP Family of Funds)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust Fund shall promptly furnish to MSS a the following: (a) A certified copy of the resolution of the Board of Trustees of the Trust Fund authorizing the appointment of MSS and the execution and delivery of this Agreement. (b) A copy of the Declaration of Trust and By-laws of the Fund and all amendments thereto. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust Fund for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, [ ]Act [ ]and the Rules thereunder, MSS agrees that all such records, and those records prepared or maintained by that the Fund and MSS relating agree from time to the services time to be performed by MSS hereunder are the property records of the Trust and Fund, will be preserved, maintained at the expense of the Fund and made available in accordance with such Section and RulesRules and this Agreement, and will be surrendered promptly to the Trust on and in accordance with Fund at its request. Records surrendered hereunder shall be in machine readable form, except to the extent that MSS has maintained such a record only in paper form. 6.04 MSS and the Trust Fund agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the TrustFund, MSS will endeavor to notify the Trust Fund and to secure instructions from an authorized officer of the Trust Fund as to such inspectioninstruction. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel to the Fund that it may be held liable for the failure to exhibit the Shareholder records to such person. 6.06 MSS agrees to maintain redundant facilities or a compatible configuration and to backup the Fund's master and input files and to store such files in a secure off premises location so that in the event of a power failure or other interruption of whatever cause at its principal place of business, the Fund's records are maintained intact, and shall promptly notify transactions can be processed at another location. 6.07 MSS acknowledges that the Trust of any unusual request Fund, as a registered investment company under the[ ] Act[ ] is subject to inspect or copy the shareholder records provisions of the Trust or Act and the receipt of any other unusual request to inspectrules and regulations thereunder, copy or produce and that the records offer and sale of the TrustFund's Shares are subject to the provisions of federal and state laws and regulations applicable to the offer and sale of securities. The Fund acknowledges that MSS is not responsible for the Fund's compliance with such laws and regulations. If the Fund advises MSS that a procedure of MSS related to the discharge of its obligations hereunder has or may have the effect of causing the Fund to violate any of such laws or regulations, MSS shall use its best efforts to develop an alternative procedure which does not have such effect.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Mainstay Funds)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees of the Trust authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunderhereunder as required by the 1940 Act, and in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust on and in accordance with its request. 6.04 MSS and the Trust agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the Trust, MSS will endeavor to notify the Trust and to secure instructions from an authorized officer of the Trust as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust of any unusual request to inspect or copy the shareholder records of the Trust or the receipt of any other unusual request to inspect, copy or produce the records of the Trust.

Appears in 1 contract

Samples: Transfer Agent Agreement (Proactive Asset Allocation Funds)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust Fund shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees Directors of the Trust Fund authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust Fund for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, use and for keeping account of, of such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust Fund and will be preserved, maintained and made available in accordance with such Section and Rules, Rules and will be surrendered promptly to the Trust Fund on and in accordance with its request. 6.04 MSS and the Trust Fund agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, confidential and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the TrustFund, MSS will endeavor to notify the Trust Fund and to secure instructions from an authorized officer of the Trust Fund as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, person and shall promptly notify the Trust Fund of any unusual request to inspect or copy the shareholder records of the Trust Fund or the receipt of any other unusual request to inspect, copy or produce the records of the TrustFund.

Appears in 1 contract

Samples: Transfer Agent Agreement (Prairie Fund)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust Fund shall promptly furnish to MSS a the following: (a) A certified copy of the resolution of the Board of Trustees of the Trust Fund authorizing the appointment of MSS and the execution and delivery of this Agreement. (b) A copy of the Declaration of Trust and By-laws of the Fund and all amendments thereto. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust Fund for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, Act and the Rules thereunder, MSS agrees that all such records, and those records prepared or maintained by that the Fund and MSS relating agree from time to the services time to be performed by MSS hereunder are the property records of the Trust and Fund, will be preserved, maintained at the expense of the Fund and made available in accordance with such Section and RulesRules and this Agreement, and will be surrendered promptly to the Trust on and in accordance with Fund at its request. Records surrendered hereunder shall be in machine readable form, except to the extent that MSS has maintained such a record only in paper form. 6.04 MSS and the Trust Fund agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the TrustFund, MSS will endeavor to notify the Trust Fund and to secure instructions from an authorized officer of the Trust Fund as to such inspectioninstruction. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel to the Fund that it may be held liable for the failure to exhibit the Shareholder records to such person. 6.06 MSS agrees to maintain redundant facilities or a compatible configuration and to backup the Fund's master and input files and to store such files in 6.07 MSS acknowledges that the Fund, as a registered investment company under the Act is subject to the provisions of the Act and the rules and regulations thereunder, and shall promptly notify that the Trust of any unusual request to inspect or copy the shareholder records offer and sale of the Trust Fund's Shares are subject to the provisions of federal and state laws and regulations applicable to the offer and sale of securities. The Fund acknowledges that MSS is not responsible for the Fund's compliance with such laws and regulations. If the Fund advises MSS that a procedure of MSS related to the discharge of its obligations hereunder has or may have the receipt effect of causing the Fund to violate any other unusual request of such laws or regulations, MSS shall use its best efforts to inspect, copy or produce the records of the Trustdevelop an alternative procedure which does not have such effect.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Mainstay Funds)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees of the Trust authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures both reasonably acceptable to the Trust and within reasonable industry standards for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the a form and manner as it may deem advisablewhich conform to reasonable industry standards. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust on and in accordance with its request. 6.04 MSS and the Trust agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the Trust, MSS will endeavor to notify the Trust and to secure instructions from an authorized officer of the Trust as prior to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust of any unusual request to inspect or copy the shareholder records of the Trust or the receipt of any other unusual request to inspect, copy or produce the records of the Trust.

Appears in 1 contract

Samples: Transfer Agent Agreement (Ranger Funds Investment Trust)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust Corporation shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees Directors of the Trust Corporation authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust Corporation for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust Corporation and will be preserved, maintained and made available in accordance with such Section section and Rulesrules, and will be surrendered promptly to the Trust Corporation on and in accordance with its request. 6.04 MSS and the Trust Corporation agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the TrustCorporation, MSS will endeavor to notify the Trust Corporation and to secure instructions from an authorized officer of the Trust Corporation as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust Corporation of any unusual request to inspect or copy the shareholder Shareholder records of the Trust Corporation or the receipt of any other unusual request to inspect, copy or produce the records of the TrustCorporation.

Appears in 1 contract

Samples: Transfer Agent Agreement (Croft Funds Corp)

COVENANTS OF THE FUND AND MSS. 6.01 6.1 The Trust fund shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees Directors of the Trust Fund authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 6.2 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust Fund for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 6.3 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust Fund and will be preserved, maintained and made available in accordance with such Section and RulesRule, and will be surrendered promptly to the Trust Fund on and in accordance with its request. 6.04 6.4 MSS and the Trust Fund agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 6.5 In case of any requests or demands for the inspection of the Shareholder records of the TrustFund, MSS will endeavor to notify the Trust Fund and to secure instructions from an authorized officer of the Trust Fund as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust Fund of any unusual request to inspect or copy the shareholder records of the Trust Fund or the receipt of any other unusual request to inspect, copy or produce the records of to the TrustFund.

Appears in 1 contract

Samples: Transfer Agent Agreement (Light Revolution Fund Inc)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust Fund shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees of the Trust Fund authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 6.2 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust Fund for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 6.3 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust Fund and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust Fund on and in accordance with its request. 6.04 6.4 MSS and the Trust Fund agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 6.5 In case of any requests or demands for the inspection of the Shareholder records of the TrustFund, MSS will endeavor to notify the Trust Fund and to secure instructions from an authorized officer of the Trust Fund as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust Fund of any unusual request to inspect or copy the shareholder records of the Trust Fund or the receipt of any other unusual request to inspect, copy or produce the records of the TrustFund.

Appears in 1 contract

Samples: Transfer Agent Agreement (Azzad Funds)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees of the Trust authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust on and in accordance with its request. 6.04 MSS and the Trust agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. MSS agrees that it will, on behalf of itself and its officers and employees, treat all transactions contemplated by this Agreement, and all other information germane thereto, as confidential and not to be disclosed to any person except as may be authorized by the Trust. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the Trust, MSS will endeavor to notify the Trust and to secure instructions from an authorized officer of the Trust as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust of any unusual request to inspect or copy the shareholder records of the Trust or the receipt of any other unusual request to inspect, copy or produce the records of the Trust.

Appears in 1 contract

Samples: Transfer Agent Agreement (Sycuan Funds)

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COVENANTS OF THE FUND AND MSS. 6.01 The Trust shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees of the Trust authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust on and in accordance with its request. 6.04 MSS and the Trust agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the TrustFund, MSS will endeavor to notify the Trust and to secure instructions from an authorized officer of the Trust as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust of any unusual request to inspect or copy the shareholder records of the Trust or the receipt of any other unusual request to inspect, copy or produce the records of the Trust.

Appears in 1 contract

Samples: Transfer Agent Agreement (Capstone Church Bond Fund)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees of the Trust authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures pro- cedures reasonably acceptable to the Trust for safekeeping of stock certificatescertif- icates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust on and in accordance with its request. 6.04 MSS and the Trust agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the Trust, MSS will endeavor to notify the Trust and to secure instructions from an authorized officer of the Trust as to such inspectioninspec- tion. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust of any unusual request to inspect or copy the shareholder share- holder records of the Trust or the receipt of any other unusual request to inspect, copy or produce the records of the Trust.

Appears in 1 contract

Samples: Transfer Agent Agreement (Berkshire Funds)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust Corporation shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees of the Trust Corporation authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust Corporation for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunderhereunder as required by the 1940 Act, and in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust Corporation and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust Corporation on and in accordance with its request. 6.04 MSS and the Trust Corporation agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the TrustCorporation, MSS will endeavor to notify the Trust Corporation and to secure instructions from an authorized officer of the Trust Corporation as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust Corporation of any unusual request to inspect or copy the shareholder records of the Trust Corporation or the receipt of any other unusual request to inspect, copy or produce the records of the TrustCorporation.

Appears in 1 contract

Samples: Transfer Agent Agreement (Pebblebrook Fund Inc)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust shall promptly furnish to MSS a certified copy of the resolution of the Board theBoard of Trustees of the Trust authorizing the appointment of MSS and the execution and delivery anddelivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable reasonablyacceptable to the Trust for safekeeping of stock certificates, check forms and facsimile signature imprinting signatureimprinting devices, if any; and for the preparation or use, and for keeping account of, such certificatessuchcertificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form theform and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act1940Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained ormaintained by MSS relating to the services to be performed by MSS hereunder are the property of propertyof the Trust and will be preserved, maintained and made available in accordance with such Section suchSection and Rules, and will be surrendered promptly to the Trust on and in accordance with its requestitsrequest. 6.04 MSS and the Trust agree that all books, records, information and data pertaining to pertainingto the business of the other party which are exchanged or received pursuant to the negotiation or the orthe carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed voluntarilydisclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of recordsof the Trust, MSS will endeavor to notify the Trust and to secure instructions from an authorized officer authorizedofficer of the Trust as to such inspection. MSS reserves the right, however, to exhibit the Shareholder theShareholder records to any person whenever it is advised by its counsel that it may be held liable for liablefor the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust theTrust of any unusual request to inspect or copy the shareholder records of the Trust or the receipt of receiptof any other unusual request to inspect, copy or produce the records of the Trust.

Appears in 1 contract

Samples: Transfer Agent Agreement (PSG Capital Management Trust)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust Fund shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees Fundees of the Trust Fund authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust Fund for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust Fund and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust Fund on and in accordance with its request. 6.04 MSS and the Trust Fund agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the TrustFund, MSS will endeavor to notify the Trust Fund and to secure instructions from an authorized officer of the Trust Fund as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust Fund of any unusual request to inspect or copy the shareholder records of the Trust Fund or the receipt of any other unusual request to inspect, copy or produce the records of the TrustFund.

Appears in 1 contract

Samples: Transfer Agent Agreement (Conseco Stock Car Stocks Mutual Fund Inc)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust Cortland shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees of the Trust Client authorizing the appointment of MSS as sub-agent to Cortland and the execution and delivery of this AgreementAgreement by Cortland. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to Cortland and the Trust Client for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of Cortland and the Trust Client and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to Cortland and the Trust Client on and in accordance with its request. 6.04 MSS and the Trust Cortland agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of either Cortland or the TrustClient, MSS will endeavor to notify Cortland and the Trust Client and to secure instructions from an authorized officer of Cortland or the Trust Client as applicable as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify Cortland and the Trust Client of any unusual request to inspect or copy the shareholder records of the Trust Client or the receipt of any other unusual request to inspect, copy or produce the records of the TrustClient.

Appears in 1 contract

Samples: Transfer Agent Agreement (Cottonwood Mutual Funds)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees of the Trust authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. In addition, MSS shall maintain adequate and reliable computer and other equipment necessary or appropriate to carry out its obligations under this Agreement. Upon the Trust's request, MSS shall provide supplemental information concerning the aspects of its disaster recovery and business continuity plan that are relevant to the services provided hereunder. MSS represents and warrants that the various procedures and systems which MSS has implemented with regard to safeguarding from loss or damage attributable to fire, theft, or any other cause the records and other data of the Trust, and MSS' records, data, equipment facilities and other property used in the performance of its obligations hereunder are adequate and that it will make such changes therein from time to time as are required for the secure performance of its obligations hereunder. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust on and in accordance with its request. 6.04 MSS and the Trust agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the Trust, MSS will endeavor to notify the Trust and to secure instructions from an authorized officer of the Trust as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust of any unusual request to inspect or copy the shareholder records of the Trust or the receipt of any other unusual request to inspect, copy or produce the records of the Trust. 6.06 MSS shall provide the Trust, at such times as the Trust may reasonably require, copies of reports rendered by independent public accountants on the internal controls and procedures of MSS relating to the services provided by MSS under this Agreement. 6.07 MSS agrees that all nonpublic personal financial information relating to consumers or customers of the Trust provided by, or at the direction of the Trust to MSS, or collected or retained by MSS in the course of performing its duties as transfer agent shall be considered confidential information. MSS shall not give, sell or in any way transfer such confidential information to any person or entity, other than affiliates of MSS except at the direction of the Trust or as required or permitted by law. MSS represents, warrants and agrees that it has in place and will maintain physical, electronic and procedural safeguards reasonably designed to protect the security, confidentiality and integrity of, and to prevent unauthorized access to or use of records and information relating to consumers or customers of the Trust. The Trust represents to MSS that it has adopted a Statement of its privacy policies and practices as required by Securities and Exchange Commission Regulation S-P and agrees to provide MSS with a copy of that statement annually.

Appears in 1 contract

Samples: Transfer Agent Agreement (Conestoga Funds)

COVENANTS OF THE FUND AND MSS. 6.01 6.1 The Trust Fund shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees of the Trust Fund authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 6.2 MSS hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust Fund for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, such certificates, forms and devices. 6.03 6.3 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust Fund and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust Fund on and in accordance with its request. 6.04 6.4 MSS and the Trust Fund agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 6.5 In case of any requests or demands for the inspection of the Shareholder records of the TrustFund, MSS will endeavor to notify the Trust Fund and to secure instructions from an authorized officer of the Trust Fund as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust Fund of any unusual request to inspect or copy the shareholder records of the Trust Fund or the receipt of any other unusual request to inspect, copy or produce the records of the TrustFund.

Appears in 1 contract

Samples: Transfer Agent and Administration Agreement (Mp63 Fund Inc)

COVENANTS OF THE FUND AND MSS. 6.01 The Trust Fund shall promptly furnish to MSS a certified copy of the resolution of the Board of Trustees Directors of the Trust Fund authorizing the appointment of MSS and the execution and delivery of this Agreement. 6.02 MSS hereby xxxxxx agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust Fund for safekeeping of stock certificates, check forms and facsimile signature imprinting devices, if any; and for the preparation or use, and for keeping account of, of such certificates, forms and devices. 6.03 MSS shall keep records relating to the services to be performed hereunder, in the form and manner as it may deem advisable. To the extent required by Section 31 of the 1940 Act, as amended, and the Rules thereunder, MSS agrees that all such records prepared or maintained by MSS relating to the services to be performed by MSS hereunder are the property of the Trust Fund and will be preserved, maintained and made available in accordance with such Section and Rules, and will be surrendered promptly to the Trust Fund on and in accordance with its request. 6.04 MSS and the Trust Fund agree that all books, records, information and data pertaining to the business of the other party which are exchanged or received pursuant to the negotiation or the carrying out of this Agreement shall remain confidential, and shall not be voluntarily disclosed to any other person, except as may be required by law. 6.05 In case of any requests or demands for the inspection of the Shareholder records of the TrustFund, MSS will endeavor to notify the Trust Fund and to secure instructions from an authorized officer of the Trust Fund as to such inspection. MSS reserves the right, however, to exhibit the Shareholder records to any person whenever it is advised by its counsel that it may be held liable for the failure to exhibit the Shareholder records to such person, and shall promptly notify the Trust Fund of any unusual request to inspect or copy the shareholder records of the Trust Fund or the receipt of any other unusual request to inspect, copy or produce the records of the TrustFund.

Appears in 1 contract

Samples: Transfer Agent Agreement (Mh Elite Portfolio of Funds Trust)

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