Common use of Disclosure of Certain Regulatory Matters Clause in Contracts

Disclosure of Certain Regulatory Matters. At the request of the Investment Adviser (which request shall be made by the Investment Adviser not more than once annually), and provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and a governmental authority with jurisdiction over BXX Xxxxxx, XXX Xxxxxx will make available to the Investment Adviser publicly available information which BNY Mellon makes available to its clients generally regarding a criminal or regulatory investigation of BNY Mellon with respect to a violation by BNY Mellon of Securities Laws, the U.S. Bank Secrecy Act, the Patriot Act, or a failure of BNY Mellon to have sufficient policies or procedures relating to compliance with applicable law (collectively, “Regulatory Matters”). In addition, provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and a governmental authority with jurisdiction over BXX Xxxxxx, XXX Xxxxxx will make available to the Investment Adviser publicly available information regarding a Regulatory Matter which would reasonably be expected to have a material adverse impact on BNY Mellon’s performance of services to the Investment Adviser or the Funds under this Agreement as promptly as reasonably practicable under the circumstances. In each case, the Investment Adviser acknowledges and agrees that BNY Mellon’s failure to make any such information available to the Investment Adviser shall not be deemed to be a breach of this Agreement.

Disclosure of Certain Regulatory Matters. At the request of the Investment Adviser (which request shall be made by the Investment Adviser not more than once annually), and provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and a governmental authority with jurisdiction over BXX XxxxxxBNY Mellon, XXX Xxxxxx BNY Mellon will make available to the Investment Adviser publicly available information which BNY Mellon makes available to its clients generally regarding a criminal or regulatory investigation of BNY Mellon with respect to a violation by BNY Mellon of Securities Laws, the U.S. Bank Secrecy Act, the Patriot Act, or a failure of BNY Mellon to have sufficient policies or procedures relating to compliance with applicable law (collectively, “Regulatory Matters”). In addition, provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and a governmental authority with jurisdiction over BXX XxxxxxBNY Mellon, XXX Xxxxxx BNY Mellon will make available to the Investment Adviser publicly available information regarding a Regulatory Matter which would reasonably be expected to have a material adverse impact on BNY Mellon’s performance of services to the Investment Adviser or the Funds under this Agreement as promptly as reasonably practicable under the circumstances. In each case, the Investment Adviser acknowledges and agrees that BNY Mellon’s failure to make any such information available to the Investment Adviser shall not be deemed to be a breach of this Agreement.