Common use of Deadline for Providing, and Currentness of, Fund Documents Clause in Contracts

Deadline for Providing, and Currentness of, Fund Documents. The Fund and the shall use commercially reasonable efforts to make available the Fund Documents specified in 1(a)(i), (ii), and (iii) above to the Company (or its designee) [and make available updated versions as necessary, to facilitate a continuous offering of the Portfolio Company’s securities and the Contracts. The Fund and the Distributor shall make available the Shareholder Reports specified in 1(a)(iv) above no later than 58 days after the close of each of the Portfolio’s reporting periods (in accordance with Rule 30e-1 under the 1940 Act). The failure by the Fund and Underwriter to provide or make available Shareholder Reports on a timely basis shall not be considered a breach of this Amendment.

Deadline for Providing, and Currentness of, Fund Documents. The Fund Trust and the Underwriter shall use commercially reasonable efforts to make available the Fund Documents specified in 1(a)(i), (ii), and (iii) above to the Company (or its designee) [and make available updated versions as necessary, to facilitate a continuous offering of the Portfolio Company’s securities and the Contracts. The Fund Trust and the Distributor Underwriter shall make available the Shareholder Reports specified in 1(a)(iv) above no later than 58 days after the close of each of the Portfolio’s reporting periods (in accordance with Rule 30e-1 under the 1940 Act). The failure by the Fund Trust and Underwriter to provide or make available Shareholder Reports on a timely basis shall not be considered a breach of this Amendment.