Description of Administration Services on a Continuous Basis. Highland will perform the following administration services: (i) Prepare monthly security transaction listings; (ii) Supply various normal and customary portfolio and Fund statistical data as requested on an ongoing basis; (iii) Prepare for execution and file the Fund's Federal and state tax returns: prepare a fiscal tax provision in coordination with the annual audit; prepare an excise tax provision; and prepare all relevant 1099 calculations; (iv) Coordinate contractual relationships and communications between the Fund and its contractual service providers; (v) Coordinate printing of the Fund's annual and semi-annual shareholder reports; (vi) Prepare income and capital gain distributions; (vii) Prepare the semiannual and annual financial statements; (viii) Monitor the Fund's compliance with IRC, SEC and prospectus requirements; (ix) Prepare, coordinate with the Fund's counsel and coordinate the filing with the SEC: Post-Effective Amendments to the Fund's Registration Statement and supplements to or revisions of the Fund's prospectus and statement of additional information; Quarterly Repurchase Offer Filings on Form N-23c-3; semi-annual reports on Form N-SAR and Form N-CSR; Form N-Q; and Form N-PX based upon information provided by the Fund; (x) Assist in the preparation of notices of meetings of shareholders; (xi) Assist in obtaining the fidelity bond and trustees' and officers'/errors and omissions insurance policies for the Fund in accordance with the requirements of Rule 17g-1 and 17d-1(d)(7) under the 1940 Act as such bond and policies are approved by the Fund's Board of Trustees; (xii) Monitor the Fund's assets to assure adequate fidelity bond coverage is maintained; (xiii) Draft agendas and resolutions for quarterly and special board meetings; (xiv) Coordinate the preparation, assembly and mailing of board materials; (xv) Attend board meetings and draft minutes thereof; (xvi) Maintain the Fund's corporate calendar to assure compliance with various filing and board approval deadlines; (xvii) Assist the Fund in the handling of SEC examinations and responses thereto; and (xviii) Perform such additional administrative duties relating to the administration of the Fund as may subsequently be agreed upon in writing between the Fund and Highland.
Appears in 1 contract
Samples: Administration Services Agreement (Highland Corporate Opportunities Fund)
Description of Administration Services on a Continuous Basis. Highland The Administrator will perform the following administration servicesservices with respect to each Fund:
(i) Prepare quarterly broker security transactions summaries;
(ii) Prepare monthly security transaction listings;
(iiiii) Supply various normal and customary portfolio Fund and Fund Trust statistical data as requested on an ongoing basis;
(iiiiv) Prepare for execution and file filing the Fund's Trust’s Federal and state tax returns: prepare a fiscal tax provision in coordination with the annual audit; prepare an excise tax provision; and prepare all relevant 1099 calculations;
(iv) Coordinate contractual relationships and communications between the Fund and its contractual service providers;
(v) Coordinate printing Monitor each Fund’s status as a regulated investment company under Sub-chapter M of the Fund's Internal Revenue Code of 1986, as amended;
(vi) Prepare the Trust’s financial statements for its annual and semi-annual shareholder reports;
, and prepare and coordinate the filing of Forms N-CSR, N-Q and N-PX (vi) Prepare income and capital gain distributionswith the Trust providing the voting records in the format required by the Administrator);
(vii) Prepare With the semiannual and annual financial statements;
(viii) Monitor the Fund's compliance with IRCTrust’s counsel, SEC and prospectus requirements;
(ix) Prepare, coordinate with the Fund's counsel prepare and coordinate the filing with of the SEC: annual Post-Effective Amendments Amendment to the Fund's Trust’s Registration Statement (not including the creation of a series or class); prepare and supplements to file (or revisions of coordinate the Fund's prospectus and statement of additional information; Quarterly Repurchase Offer Filings on Form N-23c-3; filing of) (i) semi-annual reports on Form N-SAR and Form N-CSR; Form N-Q; any necessary amendments thereto and Form N-PX based upon information provided by the Fund(ii) Notices pursuant to Rule 24f-2;
(xviii) Assist in the preparation of notices of meetings Annual or Special Meeting of shareholdersShareholders and Proxy materials relating to such meetings;
(xiix) Assist Administratively assist in obtaining the fidelity bond and trustees' directors’ and officers'/errors officers’/errors and omissions insurance policies for the Fund Trust in accordance with the requirements of Rule 17g-1 and 17d-1(d)(717d-1((d)7) under the 1940 Act as such bond and policies are approved by the Fund's Trust’s Board of Trustees;
(xiix) Monitor the Fund's Trust’s assets to assure adequate fidelity bond coverage is maintained;
(xiiixi) Draft agendas (with final selection of agenda items being made by Trust counsel) and resolutions for quarterly and special board meetings;
(xivxii) Coordinate the preparation, assembly and mailing distribution of board materialsmaterials for quarterly board meetings;
(xvxiii) Attend quarterly board meetings and draft minutes thereof;
(xiv) Report to the board quarterly regarding the Administrator’s activities on behalf of the Trust;
(xv) Communicate and coordinate with other Trust service providers as necessary and as directed by the Trust to perform duties as the Trust’s administration and accounting services agent;
(xvi) Monitor the Trust’s compliance with associated transaction amounts and conditions of each state’s blue sky qualification;
(xvii) Provide compliance policies and procedures related to services provided by the Administrator and, if mutually agreed, certain of the Administrator’s affiliates, summary procedures thereof and periodic certification letters;
(xviii) Maintain the Fund's Trust’s corporate calendar to assure compliance assist the Trust in complying with various SEC filing and board approval deadlines;
(xvii) Assist the Fund in the handling of SEC examinations and responses thereto; and
(xviiixix) Perform such additional administrative duties relating regulatory services for the Trust on such terms and for such fees as the parties hereto may agree. All regulatory services are subject to the administration review and approval of the Fund as may subsequently be agreed upon in writing between the Fund and HighlandTrust counsel.
Appears in 1 contract
Samples: Administration and Accounting Services Agreement (GuideStone Funds)
Description of Administration Services on a Continuous Basis. Highland will perform the following administration services:
(i) Prepare monthly security transaction listings;
(ii) Supply various normal and customary portfolio and Fund Trust statistical data as requested on an ongoing basis;
(iii) Prepare for execution and file the Fund's Trust’s Federal and state tax returns: prepare a fiscal tax provision in coordination with the annual audit; prepare an excise tax provision; and prepare all relevant 1099 calculations;
(iv) Coordinate contractual relationships and communications between the Fund Trust and its contractual service providers;
(v) Coordinate printing of the Fund's Trust’s annual and semi-annual shareholder reports;
(vi) Prepare income and capital gain distributions;
(vii) Prepare the semiannual and annual financial statements;
(viii) Monitor the Fund's Trust’s compliance with IRC, SEC and prospectus requirements;
(ix) Prepare, coordinate with the Fund's Trust’s counsel and coordinate the filing with the SEC: Post-Effective Amendments to the Fund's Registration Statement and supplements to or revisions of the Fund's prospectus and statement of additional information; Quarterly Repurchase Offer Filings on Form N-23c-3; semi-annual reports on Form N-SAR and Form N-CSR; Form N-Q; and Form N-PX based upon information provided by the FundTrust; assist in the preparation of Forms 3, 4 and 5 pursuant to Section 16 of the 1934 Act and Section 30(h) of the 1940 Act for the officers and trustees of the Trust, such filings to be based on information provided by those persons;
(x) Assist in the preparation of notices of meetings of shareholders, coordinate preparation of proxy statements, including obtaining information required to be disclosed by applicable regulations and the engagement of proxy solicitors on behalf of the Trust;
(xi) Assist in obtaining the fidelity bond and trustees' directors’ and officers'/errors officers’/errors and omissions insurance policies for the Fund Trust in accordance with the requirements of Rule 17g-1 and 17d-1(d)(7) under the 1940 Act Act, including evaluation of insurance carriers, recommending appropriate coverage levels and evaluating the costs thereof, as such bond and policies are approved by the Fund's Trust’s Board of Trustees;
(xii) Monitor the Fund's Trust’s assets to assure adequate fidelity bond coverage is maintained;
(xiii) Draft agendas and resolutions for quarterly and special board meetings;
(xiv) Coordinate the preparation, assembly and mailing of board materials;
(xv) Attend board meetings and draft minutes thereof;
(xvi) Maintain the Fund's Trust’s corporate calendar to assure compliance with various filing and board approval deadlines;
(xvii) Assist the Fund Trust in the handling of SEC examinations and responses thereto;
(xviii) If the chief executive officer or chief financial officer of the Trust is required to provide a certification as part of the Trust’s Form N-CSR or Form N-Q filing pursuant to regulations promulgated by the SEC under Section 302 of the Xxxxxxxx-Xxxxx Act of 2002, Highland will provide (to such person or entity as agreed between the Trust and Highland) a sub-certification in support of certain matters set forth in the aforementioned certification, such sub-certification to be in such form and relating to such matters as agreed between the Trust and Highland from time to time. Highland shall be required to provide the sub-certification only during the term of the Agreement and only if it receives such cooperation as it may request to perform its investigations with respect to the sub-certification. For clarity, the sub-certification is not itself a certification under the Xxxxxxxx-Xxxxx Act of 2002 or under any other regulatory requirement;
(xix) Prepare and coordinate the Trust’s state notice filings;
(xx) Furnish the Trust office space in the offices of Highland, or in such other place or places as may be agreed from time to time, and all necessary office facilities, simple business equipment, supplies, utilities and telephone service for managing the affairs of the Trust;
(xxi) Perform clerical, bookkeeping and other administrative services not provided by the Trust’s other service providers;
(xxii) Determine or oversee the determination and publication of the Trust’s net asset value in accordance with the Trust’s policies as adopted from time to time by the Board of Trustees;
(xxiii) Oversee the maintenance by the Trust’s custodian and transfer agent and dividend disbursing agent of certain books and records of the Trust as required under Rule 31a-l(b)(2)(iv) of the 1940 Act and maintain (or oversee maintenance by such other persons as approved by the Board of Trustees) such other books and records required by law or for the proper operation of the Trust;
(xxiv) Determine the amounts available for distribution as dividends and distributions to be paid by the Fund to its shareholders; calculate, analyze and prepare a detailed income analysis and forecast future earnings for presentation to the Board of Trustees; prepare and arrange for the printing of dividend notices to shareholders, as applicable, and provide the Trust’s dividend disbursing agent and custodian with such information as is required for such parties to effect the payment of dividends and distributions and to implement the Trust’s dividend reinvestment plan;
(xxv) Serve as liaison between the Trust and each of its service providers;
(xxvi) Assist in monitoring and tracking the daily cash flows of the individual assets of the Trust, as well as security position data of portfolio investments; assist in resolving any identified discrepancies with the appropriate third party, including the Trust’s custodian, administrative agents and other service providers, through various means including researching available data via agent notices, financial news and data services, and other sources.
(xxvii) Monitor compliance with leverage tests under the Trust’s credit facility, and communicate with leverage providers and rating agencies;
(xxviii) Coordinate negotiation and renewal of credit agreements for presentation to the Board of Trustees;
(xxix) Coordinate negotiations of agreements with counterparties and the Trust’s custodian for derivatives, short sale and similar transactions, as applicable;
(xxx) Provide assistance with the settlement of trades of portfolio securities;
(xxxi) Coordinate and oversee the provision of legal services to the Trust;
(xxxii) Cooperate with the Trust’s independent registered public accounting firm in connection with audits and reviews of the Trust’s financial statements, including interviews and other meetings, and provide necessary information and coordinate confirmations of bank loans and other assets for which custody is not through DTC, as necessary;
(xxxiii) Provide Secretary and any Assistant Secretaries, Treasurer and any Assistant Treasurers and other officers for the Trust as requested;
(xxxiv) Develop or assist in developing guidelines and procedures to improve overall compliance by the Trust;
(xxxv) Investigate and research customer and other complaints to determine liability, facilitate resolution and promote equitable treatment of all parties;
(xxxvi) Determine and monitor expense accruals for the Trust;
(xxxvii) Authorize expenditures and approve bills for payment on behalf of the Trust;
(xxxviii) Monitor the number of shares of the Trust registered and assist in the registration of additional shares, as necessary;
(xxxix) Prepare such reports as the Board of Trustees of the Trust may request from time to time;
(xl) Administer and oversee any securities lending program of the Trust; and
(xviiixli) Perform such additional administrative duties relating to the administration of the Fund Trust as may subsequently be agreed upon in writing between the Fund Trust and Highland. Except as expressly set forth above, the Agreement will remain in full force and effect.
Appears in 1 contract
Samples: Administration Services Agreement (NexPoint Credit Strategies Fund)
Description of Administration Services on a Continuous Basis. Highland will perform the following administration services:
(i) Prepare monthly security transaction listings;
(ii) Supply various normal and customary portfolio and Fund statistical data as requested on an ongoing basis;
(iii) Prepare for execution and file the Fund's ’s Federal and state tax returns: prepare a fiscal tax provision in coordination with the annual audit; prepare an excise tax provision; and prepare all relevant 1099 calculations;
(iv) Coordinate contractual relationships and communications between the Fund and its contractual service providers;
(v) Coordinate printing of the Fund's ’s annual and semi-annual shareholder reports;
(vi) Prepare income and capital gain distributions;
(vii) Prepare the semiannual and annual financial statements;
(viii) Monitor the Fund's ’s compliance with IRC, SEC and prospectus requirements;
(ix) Prepare, coordinate with the Fund's ’s counsel and coordinate the filing with the SEC: Post-Effective Amendments to the Fund's ’s Registration Statement and supplements to or revisions of the Fund's ’s prospectus and statement of additional information; Quarterly Repurchase Offer Filings on Form N-23c-3; semi-annual reports on Form N-SAR and Form N-CSR; Form N-Q; and Form N-PX based upon information provided by the Fund;
(x) Assist in the preparation of notices of meetings of shareholders, coordinate preparation of proxy statements, including obtaining information required to be disclosed by applicable regulations and the engagement of proxy solicitors on behalf of the Fund;
(xi) Assist in obtaining the fidelity bond and trustees' ’ and officers'/errors officers’/errors and omissions insurance policies for the Fund in accordance with the requirements of Rule 17g-1 and 17d-1(d)(7) under the 1940 Act Act, including evaluation of insurance carriers, recommending appropriate coverage levels and evaluating the costs thereof, as such bond and policies are approved by the Fund's ’s Board of Trustees;
(xii) Monitor the Fund's ’s assets to assure adequate fidelity bond coverage is maintained;
(xiii) Draft agendas and resolutions for quarterly and special board meetings;
(xiv) Coordinate the preparation, assembly and mailing of board materials;
(xv) Attend board meetings and draft minutes thereof;
(xvi) Maintain the Fund's ’s corporate calendar to assure compliance with various filing and board approval deadlines;
(xvii) Assist the Fund in the handling of SEC examinations and responses thereto;
(xviii) If the chief executive officer or chief financial officer of the Fund is required to provide a certification as part of the Fund’s Form N-CSR or Form N-Q filing pursuant to regulations promulgated by the SEC under Section 302 of the Xxxxxxxx-Xxxxx Act of 2002, Highland will provide (to such person or entity as agreed between the Fund and Highland) a sub-certification in support of certain matters set forth in the aforementioned certification, such sub-certification to be in such form and relating to such matters as agreed between the Fund and Highland from time to time. Highland shall be required to provide the sub-certification only during the term of the Agreement and only if it receives such cooperation as it may request to perform its investigations with respect to the sub-certification. For clarity, the sub-certification is not itself a certification under the Xxxxxxxx-Xxxxx Act of 2002 or under any other regulatory requirement;
(xix) Prepare and coordinate the Fund’s state notice filings;
(xx) Furnish the Fund office space in the offices of Highland, or in such other place or places as may be agreed from time to time, and all necessary office facilities, simple business equipment, supplies, utilities and telephone service for managing the affairs of the Fund;
(xxi) Perform clerical, bookkeeping and other administrative services not provided by the Fund’s other service providers;
(xxii) Determine or oversee the determination and publication of the Fund’s net asset value in accordance with the Fund’s policies as adopted from time to time by the Board of Trustees;
(xxiii) Oversee the maintenance by the Fund’s custodian and transfer agent and dividend disbursing agent of certain books and records of the Fund as required under Rule 31a-1(b)(2)(iv) of the 1940 Act and maintain (or oversee maintenance by such other persons as approved by the Board of Trustees) such other books and records required by law or for the proper operation of the Fund;
(xxiv) Determine the amounts available for distribution as dividends and distributions to be paid by the Fund to its shareholders; calculate, analyze and prepare a detailed income analysis and forecast future earnings for presentation to the Board of Trustees; prepare and arrange for the printing of dividend notices to shareholder, as applicable; and provide the Fund’s dividend disbursing agent and custodian with such information as is required for such parties to effect the payment of dividends and distributions and to implement the Fund’s dividend reinvestment plan;
(xxv) Serve as liaison between the Fund and each of its service providers;
(xxvi) Assist in monitoring and tracking the daily cash flows of the individual assets of the Fund, as well as security position data of portfolio investments; assist in resolving any identified discrepancies with the appropriate third party, including the Fund’s custodian, administrative agents and other service providers, through various means including researching available data via agent notices, financial news and data services, and other sources.
(xxvii) Monitor compliance with leverage tests under the Fund’s credit facility, and communicate with leverage providers and rating agencies;
(xxviii) Coordinate negotiation and renewal of credit agreements for presentation to the Board of Trustees;
(xxix) Coordinate negotiations of agreements with counterparties and the Fund’s custodian for derivatives, short sale and similar transactions, as applicable;
(xxx) Provide assistance with the settlement of trades of portfolio securities;
(xxxi) Coordinate and oversee the provision of legal services to the Fund;
(xxxii) Cooperate with the Fund’s independent registered public accounting firm in connection with audits and reviews of the Fund’s financial statements, including interviews and other meetings, and provide necessary information and coordinate confirmations of bank loans and other assets for which custody is not through DTC, as necessary;
(xxxiii) Provide Secretary and any Assistant Secretaries, Treasurer and any Assistant Treasurers and other officers for the Fund as requested;
(xxxiv) Develop or assist in developing guidelines and procedures to improve overall compliance by the Fund;
(xxxv) Investigate and research customer and other complaints to determine liability, facilitate resolution and promote equitable treatment of all parties;
(xxxvi) Determine and monitor expense accruals for the Fund;
(xxxvii) Authorize expenditures and approve bills for payment on behalf of the Fund;
(xxxviii) Monitor the number of shares of the Fund registered and assist in the registration of additional shares, as necessary;
(xxxix) Prepare such reports as the Board of Trustees of the Fund may request from time to time; and
(xviiixl) Perform such additional administrative duties relating to the administration of the Fund as may subsequently be agreed upon in writing between the Fund and Highland.
Appears in 1 contract
Samples: Administration Services Agreement (Highland Special Situations Fund II)
Description of Administration Services on a Continuous Basis. Highland will perform the following administration services:
(i) Prepare monthly security transaction listings;
(ii) Supply various normal and customary portfolio Portfolio and Fund Trust statistical data as requested on an ongoing basis;
(iii) Prepare for execution and file the Fund's each Portfolio’s Federal and state tax returns: prepare a fiscal tax provision in coordination with the annual audit; prepare an excise tax provision; and prepare all relevant 1099 calculations;
(iv) Coordinate contractual relationships and communications between the Fund Trust and its contractual service providers;
(v) Coordinate printing of the Fund's each Portfolio’s annual and semi-annual shareholder reports;
(vi) Prepare income and capital gain distributions;
(vii) Prepare the semiannual and annual financial statements;
(viii) Monitor the Fund's Trust’s and/or each Portfolio’s compliance with IRC, SEC and prospectus requirements;
(ix) Prepare, coordinate with the Fund's Trust’s counsel and coordinate the filing with the SEC: annual (or more frequent as the case may be) Post-Effective Amendments to the Fund's Trust’s Registration Statement and supplements to to, or revisions of the Fund's prospectus of, each Portfolio’s prospectus(es) and statement of additional information; Quarterly Repurchase Offer Filings on Form N-23c-3; semi-annual reports on Form N-SAR and Form N-CSR; Form N-Q; and Form N-PX based upon information provided by the FundTrust;
(x) Assist in the preparation of notices of meetings of shareholders, coordinate preparation of proxy statements, including obtaining information required to be disclosed by applicable regulations and the engagement of proxy solicitors on behalf of the Trust or the applicable Portfolio;
(xi) Assist in obtaining the fidelity bond and trustees' ’ and officers'/errors officers’/errors and omissions insurance policies for the Fund Trust in accordance with the requirements of Rule 17g-1 and 17d-1(d)(7) under the 1940 Act Act, including evaluation of insurance carriers, recommending appropriate coverage levels and evaluating the costs thereof, as such bond and policies are approved by the Fund's Trust’s Board of Trustees;
(xii) Monitor the Fund's Trust’s assets to assure adequate fidelity bond coverage is maintained;
(xiii) Draft agendas and resolutions for quarterly and special board meetings;
(xiv) Coordinate the preparation, assembly and mailing of board materials;
(xv) Attend board meetings and draft minutes thereof;
(xvi) Maintain the Fund's Trust’s corporate calendar to assure compliance with various filing and board approval deadlines;
(xvii) Assist the Fund Trust in the handling of SEC examinations and responses thereto;
(xviii) If the chief executive officer or chief financial officer of the Trust is required to provide a certification as part of the Trust’s Form N-CSR or Form N-Q filing pursuant to regulations promulgated by the SEC under Section 302 of the Xxxxxxxx-Xxxxx Act of 2002, Highland will provide (to such person or entity as agreed between the Trust and Highland) a sub-certification in support of certain matters set forth in the aforementioned certification, such sub-certification to be in such form and relating to such matters as agreed between the Trust and Highland from time to time. Highland shall be required to provide the sub-certification only during the term of the Agreement and only if it receives such cooperation as it may request to perform its investigations with respect to the sub-certification. For clarity, the sub-certification is not itself a certification under the Xxxxxxxx-Xxxxx Act of 2002 or under any other regulatory requirement;
(xix) Prepare and coordinate the Trust’s state notice filings;
(xx) Furnish the Trust office space in the offices of Highland, or in such other place or places as may be agreed from time to time, and all necessary office facilities, simple business equipment, supplies, utilities and telephone service for managing the affairs of the Trust;
(xxi) Perform clerical, bookkeeping and other administrative services not provided by the Trust’s other service providers;
(xxii) Determine or oversee the determination and publication of the Trust’s net asset value in accordance with the Trust’s policies as adopted from time to time by the Board of Trustees;
(xxiii) Oversee the maintenance by the Trust’s custodian and transfer agent and dividend disbursing agent of certain books and records of the Trust as required under Rule 31a-1(b)(2)(iv) of the 1940 Act and maintain (or oversee maintenance by such other persons as approved by the Board of Trustees) such other books and records required by law or for the proper operation of the Trust;
(xxiv) Determine the amounts available for distribution as dividends and distributions to be paid by the Fund to its shareholders; calculate, analyze and prepare a detailed income analysis and forecast future earnings for presentation to the Board of Trustees; prepare and arrange for the printing of dividend notices to shareholders, as applicable, and provide the Trust’s dividend disbursing agent and custodian with such information as is required for such parties to effect the payment of dividends and distributions and to implement the Trust’s dividend reinvestment plan;
(xxv) Serve as liaison between the Trust and each of its service providers;
(xxvi) Assist in monitoring and tracking the daily cash flows of the individual assets of the Trust, as well as security position data of portfolio investments; assist in resolving any identified discrepancies with the appropriate third party, including the Trust’s custodian, administrative agents and other service providers, through various means including researching available data via agent notices, financial news and data services, and other sources.
(xxvii) Monitor compliance with leverage tests under the Trust’s credit facility, and communicate with leverage providers and rating agencies;
(xxviii) Coordinate negotiation and renewal of credit agreements for presentation to the Board of Trustees;
(xxix) Coordinate negotiations of agreements with counterparties and the Trust’s custodian for derivatives, short sale and similar transactions, as applicable;
(xxx) Provide assistance with the settlement of trades of portfolio securities;
(xxxi) Coordinate and oversee the provision of legal services to the Trust;
(xxxii) Cooperate with the Trust’s independent registered public accounting firm in connection with audits and reviews of the Trust’s financial statements, including interviews and other meetings, and provide necessary information and coordinate confirmations of bank loans and other assets for which custody is not through DTC, as necessary;
(xxxiii) Provide Secretary and any Assistant Secretaries, Treasurer and any Assistant Treasurers and other officers for the Trust as requested;
(xxxiv) Develop or assist in developing guidelines and procedures to improve overall compliance by the Trust;
(xxxv) Investigate and research customer and other complaints to determine liability, facilitate resolution and promote equitable treatment of all parties;
(xxxvi) Determine and monitor expense accruals for the Trust;
(xxxvii) Authorize expenditures and approve bills for payment on behalf of the Trust;
(xxxviii) Monitor the number of shares of the Trust registered and assist in the registration of additional shares, as necessary;
(xxxix) Prepare such reports as the Board of Trustees of the Trust may request from time to time;
(xl) Administer and oversee any securities lending program of the Trust; and
(xviiixli) Perform such additional administrative duties relating to the administration of the Fund Trust as may subsequently be agreed upon in writing between the Fund Trust and Highland. Except as expressly set forth above, the Agreement will remain in full force and effect.
Appears in 1 contract
Samples: Administration Services Agreement (Highland Funds I)
Description of Administration Services on a Continuous Basis. Highland will perform the following administration services:
(i) Prepare monthly security transaction listings;
(ii) Supply various normal and customary portfolio and Fund Trust statistical data as requested on an ongoing basis;
(iii) Prepare for execution and file the Fund's Trust’s Federal and state tax returns: prepare a fiscal tax provision in coordination with the annual audit; prepare an excise tax provision; and prepare all relevant 1099 calculations;
(iv) Coordinate contractual relationships and communications between the Fund Trust and its contractual service providers;
(v) Coordinate printing of the Fund's Trust’s annual and semi-annual shareholder reports;
(vi) Prepare income and capital gain distributions;
(vii) Prepare the semiannual and annual financial statements;
(viii) Monitor the Fund's Trust’s compliance with IRC, SEC and prospectus requirements;
(ix) Prepare, coordinate with the Fund's Trust’s counsel and coordinate the filing with the SEC: Post-Effective Amendments to the Fund's Registration Statement and supplements to or revisions of the Fund's prospectus and statement of additional information; Quarterly Repurchase Offer Filings on Form N-23c-3; semi-annual reports on Form N-SAR and Form N-CSR; Form N-Q; and Form N-PX based upon information provided by the FundTrust; assist in the preparation of Forms 3, 4 and 5 pursuant to Section 16 of the 1934 Act and Section 30(h) of the 1940 Act for the officers and trustees of the Trust, such filings to be based on information provided by those persons;
(x) Assist in the preparation of notices of meetings of shareholders, coordinate preparation of proxy statements, including obtaining information required to be disclosed by applicable regulations and the engagement of proxy solicitors on behalf of the Trust;
(xi) Assist in obtaining the fidelity bond and trustees' directors’ and officers'/errors officers’/errors and omissions insurance policies for the Fund Trust in accordance with the requirements of Rule 17g-1 and 17d-1(d)(7) under the 1940 Act Act, including evaluation of insurance carriers, recommending appropriate coverage levels and evaluating the costs thereof, as such bond and policies are approved by the Fund's Trust’s Board of Trustees;
(xii) Monitor the Fund's Trust’s assets to assure adequate fidelity bond coverage is maintained;
(xiii) Draft agendas and resolutions for quarterly and special board meetings;
(xiv) Coordinate the preparation, assembly and mailing of board materials;
(xv) Attend board meetings and draft minutes thereof;
(xvi) Maintain the Fund's Trust’s corporate calendar to assure compliance with various filing and board approval deadlines;
(xvii) Assist the Fund Trust in the handling of SEC examinations and responses thereto;
(xviii) If the chief executive officer or chief financial officer of the Trust is required to provide a certification as part of the Trust’s Form N-CSR or Form N-Q filing pursuant to regulations promulgated by the SEC under Section 302 of the Xxxxxxxx-Xxxxx Act of 2002, Highland will provide (to such person or entity as agreed between the Trust and Highland) a sub-certification in support of certain matters set forth in the aforementioned certification, such sub-certification to be in such form and relating to such matters as agreed between the Trust and Highland from time to time. Highland shall be required to provide the sub-certification only during the term of the Agreement and only if it receives such cooperation as it may request to perform its investigations with respect to the sub-certification. For clarity, the sub-certification is not itself a certification under the Xxxxxxxx-Xxxxx Act of 2002 or under any other regulatory requirement;
(xix) Prepare and coordinate the Trust’s state notice filings;
(xx) Furnish the Trust office space in the offices of Highland, or in such other place or places as may be agreed from time to time, and all necessary office facilities, simple business equipment, supplies, utilities and telephone service for managing the affairs of the Trust;
(xxi) Perform clerical, bookkeeping and other administrative services not provided by the Trust’s other service providers;
(xxii) Determine or oversee the determination and publication of the Trust’s net asset value in accordance with the Trust’s policies as adopted from time to time by the Board of Trustees;
(xxiii) Oversee the maintenance by the Trust’s custodian and transfer agent and dividend disbursing agent of certain books and records of the Trust as required under Rule 31a-1(b)(2)(iv) of the 1940 Act and maintain (or oversee maintenance by such other persons as approved by the Board of Trustees) such other books and records required by law or for the proper operation of the Trust;
(xxiv) Determine the amounts available for distribution as dividends and distributions to be paid by the Fund to its shareholders; calculate, analyze and prepare a detailed income analysis and forecast future earnings for presentation to the Board of Trustees; prepare and arrange for the printing of dividend notices to shareholders, as applicable, and provide the Trust’s dividend disbursing agent and custodian with such information as is required for such parties to effect the payment of dividends and distributions and to implement the Trust’s dividend reinvestment plan;
(xxv) Serve as liaison between the Trust and each of its service providers;
(xxvi) Assist in monitoring and tracking the daily cash flows of the individual assets of the Trust, as well as security position data of portfolio investments; assist in resolving any identified discrepancies with the appropriate third party, including the Trust’s custodian, administrative agents and other service providers, through various means including researching available data via agent notices, financial news and data services, and other sources.
(xxvii) Monitor compliance with leverage tests under the Trust’s credit facility, and communicate with leverage providers and rating agencies;
(xxviii) Coordinate negotiation and renewal of credit agreements for presentation to the Board of Trustees;
(xxix) Coordinate negotiations of agreements with counterparties and the Trust’s custodian for derivatives, short sale and similar transactions, as applicable;
(xxx) Provide assistance with the settlement of trades of portfolio securities;
(xxxi) Coordinate and oversee the provision of legal services to the Trust;
(xxxii) Cooperate with the Trust’s independent registered public accounting firm in connection with audits and reviews of the Trust’s financial statements, including interviews and other meetings, and provide necessary information and coordinate confirmations of bank loans and other assets for which custody is not through DTC, as necessary;
(xxxiii) Provide Secretary and any Assistant Secretaries, Treasurer and any Assistant Treasurers and other officers for the Trust as requested;
(xxxiv) Develop or assist in developing guidelines and procedures to improve overall compliance by the Trust;
(xxxv) Investigate and research customer and other complaints to determine liability, facilitate resolution and promote equitable treatment of all parties;
(xxxvi) Determine and monitor expense accruals for the Trust;
(xxxvii) Authorize expenditures and approve bills for payment on behalf of the Trust;
(xxxviii) Monitor the number of shares of the Trust registered and assist in the registration of additional shares, as necessary;
(xxxix) Prepare such reports as the Board of Trustees of the Trust may request from time to time;
(xl) Administer and oversee any securities lending program of the Trust; and
(xviiixli) Perform such additional administrative duties relating to the administration of the Fund Trust as may subsequently be agreed upon in writing between the Fund Trust and Highland. Except as expressly set forth above, the Agreement will remain in full force and effect.
Appears in 1 contract
Samples: Administration Services Agreement (Highland Credit Strategies Fund)
Description of Administration Services on a Continuous Basis. Highland NYLIM will perform the following administration servicesservices with respect to each Portfolio:
(i) Prepare quarterly broker security transactions summaries;
(ii) Prepare monthly security transaction listings;
(iiiii) Supply various normal and customary portfolio Portfolio and Fund statistical data as requested on an ongoing basis;
(iii) Prepare for execution and file the Fund's Federal and state tax returns: prepare a fiscal tax provision in coordination with the annual audit; prepare an excise tax provision; and prepare all relevant 1099 calculations;
(iv) Coordinate contractual relationships and communications between Monitor each Portfolio's status as a regulated investment company under Sub-chapter M of the Fund and its contractual service providersInternal Revenue Code of 1986, as amended;
(v) Coordinate printing of Prepare, coordinate with the Fund and the Fund's annual counsel, and file with the SEC the Fund's annual, semi-annual annual, and quarterly shareholder reports;
(vi) Prepare income and capital gain distributions;
(vii) Prepare the semiannual and annual financial statements;
(viii) Monitor the Fund's compliance with IRC, SEC and prospectus requirements;
(ix) Prepare, coordinate with the Fund's counsel and coordinate the filing file with the SEC: SEC Post-Effective Amendments to the Fund's Registration Statement Statement, prepare reports to the SEC including, the preparation and supplements to or revisions filing of the Fund's prospectus and statement of additional information; Quarterly Repurchase Offer Filings on Form N-23c-3; (i) semi-annual reports on Form N-SAR and Form N-CSR; Form N-Q; and Form N-PX based upon information provided by the Fund(ii) Notices pursuant to Rule 24f-2;
(xvii) Assist in the preparation of notices of meetings Annual or Special Meetings of shareholdersShareholders and Proxy materials relating to such meetings;
(xiviii) Assist in obtaining the fidelity bond and trusteesdirectors' and officers'/errors and omissions insurance policies for the Fund in accordance with the requirements of Rule 17g-1 and 17d-1(d)(7) under the 1940 Act as such bond and policies are approved by the Fund's Board of Trustees;
(xiiix) Monitor the Fund's assets to assure adequate fidelity bond coverage is maintained;
(xiiix) Draft agendas agendas, resolutions and resolutions materials for quarterly and special board Board meetings;
(xivxi) Coordinate the preparation, assembly and mailing of board Board materials;
(xv) Attend board meetings and draft minutes thereof;
(xvixii) Maintain the Fund's corporate calendar to assure compliance with various filing and board Board approval deadlines;
(xviixiii) Assist Coordinate contractual relationships and communications between the Fund in the handling of SEC examinations and responses theretoits contractual service providers; and
(xviiixiv) Perform such additional administrative duties relating to Monitor the administration Fund's compliance with the amounts and conditions of the Fund as may subsequently be agreed upon in writing between the Fund and Highlandeach state qualification.
Appears in 1 contract
Samples: Administration and Accounting Services Agreement (MCM Funds)
Description of Administration Services on a Continuous Basis. Highland PFPC will perform the following administration servicesservices with respect to each Portfolio:
(i) Prepare quarterly broker security transactions summaries;
(ii) Prepare monthly security transaction listings;
(iiiii) Supply various normal and customary portfolio Portfolio and Fund statistical data as requested on an ongoing basis;
(iiiiv) Prepare for execution and file the Fund's Federal and state tax returns: prepare • Prepare a fiscal tax provision in coordination with the annual audit; prepare : • Prepare an excise tax provision; and prepare • Prepare all relevant 1099 calculations;
(iv) Coordinate contractual relationships and communications between calculations for delivery to the Fund and its contractual service providers;transfer agent.
(v) Coordinate printing Monitor each Portfolio's status as a regulated investment company under Sub-chapter M of the Internal Revenue Code of 1986, as amended;
(vi) Prepare the Fund's annual and semi-annual shareholder reports;
, and coordinate and cause to be prepared and filed Forms N-CSR, N-Q and N-PX (vi) Prepare income and capital gain distributionswith the Fund providing the voting records in the format required by PFPC);
(vii) Prepare the semiannual Coordinate and annual financial statements;
(viii) Monitor the Fund's compliance with IRC, SEC and prospectus requirements;
(ix) Prepare, coordinate with the Fund's counsel and coordinate cause to be prepared the filing with the SEC: of annual Post-Effective Amendments to the Fund's Registration Statement Statement; cause to be prepared and supplements to filed (or revisions of coordinate the Fund's prospectus and statement of additional information; Quarterly Repurchase Offer Filings on Form N-23c-3; filing of) (i) semi-annual reports on Form N-SAR and Form N-CSR; Form N-Q; and Form N-PX based upon information provided by the Fund(ii) Notices pursuant to Rule 24f-2;
(xviii) Assist in the preparation of notices of meetings of shareholders;
(xi) Assist Administratively assist in obtaining the fidelity bond and trusteesdirectors' and officers'/errors and omissions insurance policies for the Fund in accordance with the requirements of Rule 17g-1 and 17d-1(d)(7) under the 1940 Act as such bond and policies are approved by the Fund's Board of TrusteesDirectors and coordinate and cause to be filed such fidelity bond;
(xii) Monitor the Fund's assets to assure adequate fidelity bond coverage is maintained;
(xiiiix) Draft agendas and resolutions for quarterly and special board meetingsmeetings (with final selection of agenda items being made by Fund counsel);
(xivx) Coordinate the preparation, assembly and mailing of board materialsmaterials for quarterly board meetings;
(xvxi) Attend quarterly board meetings and draft minutes thereof;
(xvixii) Maintain a regulatory calendar for the Fund's corporate calendar to assure compliance with Fund listing various SEC filing and board approval deadlines;
(xviixiii) Assist the Fund in the handling of SEC examinations Provide compliance policies and responses theretoprocedures related to services provided by PFPC and, if mutually agreed, certain PFPC affiliates, summary procedures thereof and an annual certification letter; and
(xviiixiv) Perform such additional administrative duties relating to If the administration chief executive officer or chief financial officer of the Fund is required to provide a certification as may subsequently be part of the Fund's Form N-SAR or Form N-CSR filing pursuant to regulations promulgated by the SEC under Section 302 of the Sarbannes-Oxley Act of 2002, PFPC will provide (to such person or entity as agreed upon in writing between the Fund and HighlandPFPC) a sub-certification in support of certain matters set forth in the aforementioned certification, such sub-certification to be in such form and relating to such matters as agreed between the Fund and PFPC from time to time. PFPC shall be required to provide the sub-certification only during the term of the agreement and only if it receives such cooperation as it may request to perform its investigations with respect to the sub-certification. For clarity, the sub-certification is not itself a certification under the Sarbannes-Oxley Act of 2002 or under any other regulatory requirement. All regulatory services are subject to the review and approval of Fund counsel.
Appears in 1 contract
Samples: Administration and Accounting Services Agreement (Sparx Funds Trust)
