Common use of COVENANTS OF THE TRUST AND THE COMPANY Clause in Contracts

COVENANTS OF THE TRUST AND THE COMPANY. 6.01 The Trust shall promptly furnish to the Company the following: (a) a certified copy of the resolution of the Board of Trustees of the Trust authorizing the appointment of the Company and the execution and delivery of this Agreement. (b) A copy of the Declaration of Trust and Bylaws of the Trust and all amendments thereto. 6.02 The Company hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust for safekeeping of Share 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 The Company 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 Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder, the Company agrees that all such records prepared or maintained by the Company relating to the services to be performed by the Company hereunder are the property of the Trust and will be preserved, maintained at the expense of the Trust and made available in accordance with such section, rules and regulations, and will be surrendered promptly to the Trust at its request. 6.04 The Company 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, the Company will endeavor to notify the Trust and to secure instructions from an authorized officer of the Trust as to such inspection. The Company 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, unless the Trust's indemnify the Company to its reasonable satisfaction against such liability.

COVENANTS OF THE TRUST AND THE COMPANY. 6.01 The Trust shall promptly furnish to the Company the following:: 143 (a) a certified copy of the resolution of the Board of Trustees of the Trust authorizing the appointment of the Company and the execution and delivery of this Agreement. (b) A copy of the Declaration of Trust and Bylaws of the Trust and all amendments thereto. 6.02 The Company hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust for safekeeping of Share 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 The Company 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 Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder, the Company agrees that all such records prepared or maintained by the Company relating to the services to be performed by the Company hereunder are the property of the Trust and will be preserved, maintained at the expense of the Trust and made available in accordance with such section, rules and regulations, and will be surrendered promptly to the Trust at its request. 6.04 The Company 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, the Company will endeavor to notify the Trust and to secure instructions from an authorized officer of the Trust as to such inspection. The Company 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, unless the Trust's indemnify the Company to its reasonable satisfaction against such liability.

COVENANTS OF THE TRUST AND THE COMPANY. 6.01 The (a) In further consideration of the agreements of the Underwriters herein contained, the Trust shall promptly furnish to the Company the followingcovenants with each Underwriter as follows: (ai) a certified copy To notify you immediately, and confirm such notice in writing, (i) of the resolution institution of the Board of Trustees of the Trust authorizing the appointment of the Company and the execution and delivery of this Agreement. (bany proceedings pursuant to Section 8(e) A copy of the Declaration of Trust and Bylaws of the Trust and all amendments thereto. 6.02 The Company hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust for safekeeping of Share 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 The Company 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 Investment Company Act and (ii) of 1940, as amended, and the rules and regulations promulgated thereunder, happening of any event during the Company agrees that all such records prepared or maintained by period described in paragraph (iv) below which in the Company relating to the services to be performed by the Company hereunder are the property judgment of the Trust and will be preservedmakes any statement in the Notification, maintained the Trust Registration Statement or the Trust Prospectus untrue in any material respect or which requires the making of any change in or addition to the Notification, the Trust Registration Statement or the Trust Prospectus in order to make the statements therein not misleading in any material respect. If at any time the expense Commission shall issue any order suspending the effectiveness of the Trust Registration Statement or an order pursuant to Section 8(e) of the Investment Company Act, the Fund will make every reasonable effort to obtain the withdrawal of such order at the earliest possible moment. (ii) To furnish to you, without charge, three signed copies of each of the Notification and made available the Trust Registration Statement (including exhibits thereto) and for delivery to each other Underwriter a conformed copy of the Trust Registration Statement (without exhibits thereto) and to furnish to you in accordance with such sectionNew York City, rules without charge, prior to 5:00 P.M. local time on the business day following the date of this Agreement and regulationsduring the period mentioned in paragraph (iv) below, as many copies of the Trust Prospectus and will be surrendered promptly any supplements and amendments thereto or to the Trust at its Registration Statement as you may reasonably request. 6.04 The Company and (iii) Before amending or supplementing 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 Registration Statement 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, the Company will endeavor to notify the Trust and to secure instructions from an authorized officer of the Trust as to such inspection. The Company reserves the right, howeverProspectus, to exhibit furnish to you a copy of each such proposed amendment or supplement and not to file any such proposed amendment or supplement to which you or 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, unless the Trust's indemnify the Company to its reasonable satisfaction against such liability.Trustees

COVENANTS OF THE TRUST AND THE COMPANY. 6.01 The Trust shall promptly furnish to the Company the following: (a) a certified copy of the resolution of the Board of Trustees of the Trust authorizing the appointment of the Company and the execution and delivery of this Agreement. (b) A copy of the Declaration of Trust and Bylaws of the Trust Trusts and all amendments thereto. 6.02 The Company hereby agrees to establish and maintain facilities and procedures reasonably acceptable to the Trust for safekeeping of Share 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 The Company 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 Investment Company Act of 1940, as amended, and the rules and regulations promulgated thereunder, the Company agrees that all such records prepared or maintained by the Company relating to the services to be performed by the Company hereunder are the property of the Trust and will be preserved, maintained at the expense of the Trust and made available in accordance with such section, rules and regulations, and will be surrendered promptly to the Trust at its request. 6.04 The Company 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, the Company will endeavor to notify the Trust and to secure instructions from an authorized officer of the Trust Trusts as to such inspection. The Company 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, unless the Trust's Trust indemnify the Company to its reasonable satisfaction against such liability.