Duties of the Funds. (a) Each Fund agrees to sell the Shares so long as it has shares available for sale and to deliver certificates for, or cause the Company’s transfer and dividend disbursing agent to issue non-negotiable share deposit receipts evidencing, such shares registered in such names and amounts as the Distributor has requested in writing, as promptly as practicable after receipt by the Fund of the net asset value thereof and written request of the Distributor therefor.
(b) Each Fund shall keep the Distributor fully informed with regard to its affairs and shall furnish to the Distributor copies of all information, financial statements and other papers which the Distributor may reasonably request for use in connection with the distribution of Shares of each Fund, including one certified copy, upon request by the Distributor, of all financial statements prepared for each Fund by independent accountants and such reasonable number of copies of the most current Prospectus as the Distributor may request, and each Fund shall cooperate fully in the efforts of the Distributor to sell and arrange for the sale of the Fund’s Shares and in the performance of the Distributor under this Agreement.
(c) Each Fund shall take, from time to time, all necessary action to fix the number of authorized shares and such steps, including payment of the related filing fee, as may be necessary to register the same under the 1933 Act and the 1940 Act to the end that there will be available for sale such number of Shares as the Distributor may be expected to sell. The Company agrees to file from time to time such amendments, reports and other documents as may be necessary to ensure that there will be no untrue statement of a material fact in a Registration Statement or Prospectus, or that there will be no omission to state a material fact in the Registration Statement or Prospectus which omission would make the statements therein misleading.
(d) Each Fund shall use its best efforts to qualify and maintain the qualification of an appropriate number of the Shares for sale under the securities laws of such states as the Distributor and the Company may approve; provided however, that the Company shall not be required to amend its Articles of Incorporation or By-Laws to comply with the laws of any state, to maintain an office in any state, to change the terms of the offering of Shares in any state from the terms set forth in its Registration Statement and Prospectus, to qualify as a foreign corporatio...
Duties of the Funds. The Funds shall perform the following functions:
Duties of the Funds. (a) The Sponsor, on behalf of the Trust, agrees that it will take all reasonable action necessary to monitor available Shares registered by each Fund and to register additional Shares of a Fund pursuant to the 1933 Act as may be required from time to time. The Sponsor will make available to the Distributor such number of copies of the Funds’ then currently effective Prospectus as the Distributor may reasonably request. The Sponsor will furnish to the Distributor copies of annual audited reports of each Fund made by independent public accountants regularly retained by the Funds and such other publicly available information that the Distributor may reasonably request for use in connection with the distribution of Baskets. The Sponsor shall keep the Distributor informed of the jurisdictions in which it has filed notice filings for Shares for sale on behalf of each Fund under the securities laws thereof and shall promptly notify the Distributor of any change in this information. The Distributor shall not be liable for damages resulting from the sale of Shares in jurisdictions where the Distributor had no information from the Sponsor that such sale or sales were unauthorized at the time of such sale or sales.
Duties of the Funds. (a) The Sponsor, on behalf of the Trust, agrees that it will take all reasonable action necessary to monitor the number Shares registered by each Fund under the 1933 Act that remain available for sale. The Sponsor will make available to the Distributor such number of copies of the Funds’ then currently effective Prospectus as the Distributor may reasonably request. The Sponsor shall furnish to the Distributor copies of such other information, materials or information that the Distributor may reasonably request to enable it to perform its obligations under this Agreement or for use in connection with the distribution of Baskets.
Duties of the Funds. The Funds shall maintain, or cause their distributor to maintain, appropriate agreements with DTCC or NSCC, as may be appropriate, including without limitation, agreements with respect to FUND/Speed, and to pay as they come due all fees and charges associated with such agreements either directly or as passed through on invoices of PFPC. In utilizing its inquiry access to the Web Portal, the Funds shall strictly comply with all Documentation with respect to which PFPC has complied with the terms of Section 3(iii) herein and any specifications contained in such Documentation. The Funds shall communicate with Financial Intermediaries and Shareholders to the extent such is reasonably required for the Services to be performed in accordance with the Documentation. The Funds’ use of inquiry access to the Web Portal shall be conducted in full compliance with any terms of use, restrictions, limitations and indemnities made applicable by AdvisorCentral generally to inquiry users of the Web Portal.
Duties of the Funds. 2.1 Each Fund agrees at its own expense to execute any and all documents, to furnish any and all information and to take any other actions that may be reasonably necessary in connection with the qualification of the Shares for sale in those states that Salomon Brothers may designate.
2.2 Each Fund shall furnish from time to time, for use in connection with the sale of the Shares, such information reports with respect to such Fund and its Shares as Salomon Brothers may reasonably request, all of which shall be signed by one or more of such Fund's duly authorized officers; and each Fund warrants that the statements contained in any such reports, when so signed by one or more of such Fund's officers, shall be true and correct. Each Fund shall also furnish Salomon Brothers upon request with: (a) annual audits of such Fund's books and accounts made by independent public accountants regularly retained by such Fund, (b) semiannual unaudited financial statements pertaining to such Fund, (c) quarterly earnings statements prepared by such Fund, (d) a monthly itemized list of the securities in the portfolio of such Fund, (e) monthly balance sheets as soon as practicable after the end of each month and (f) from time to time such additional information regarding such Fund's financial condition as Salomon Brothers may reasonably request.
Duties of the Funds. (a) Each Fund upon reasonable notice from the Bank requesting a determination with respect to any trade, is solely responsible to inform the Bank whether such sale of Fund shares are exempt transactions that do not require any blue sky registration or filings. The Bank shall cooperate with each Fund in its reasonable requests for assistance and information required in accomplishing the duties described in this Section 4(a).
(b) With the consent of an officer of a Fund (which consent shall not be unreasonably withheld), such Fund shall make its legal counsel available to the Bank for instruction with respect to any matter of law arising in connection with the Bank's duties hereunder, and the Fund acknowledges that the Bank shall be entitled to rely in good faith on such instruction without unreasonable further investigation on the part of the Bank.
Duties of the Funds. 2.1 Each Fund agrees at its own expense to execute any and all documents, to furnish any and all information and to take any other actions that may be reasonably necessary in connection with the qualification of the Shares for sale in those states that SBI may designate.
2.2 Each Fund shall furnish from time to time, for use in connection with the sale of the Shares, such information reports with respect to a Fund and its Shares as SBI may reasonably request, all of which shall be signed by one or more of the Fund's duly authorized officers; and each Fund warrants that the statements contained in any such reports, when so signed by one or more of a Fund's officers, shall be true and correct. Each Fund shall also furnish SBI upon request with: (a) annual audits of its books and accounts made by independent public accountants regularly retained by each Fund, (b) semiannual unaudited financial statements pertaining to each Fund, (c) quarterly earnings statements prepared by each Fund, (d) a monthly itemized list of the securities in the portfolio of the Fund, (e) monthly balance sheets as soon as practicable after the end of each month and (f) from time to time such additional information regarding each Fund's financial condition as SBI may reasonably request.
Duties of the Funds. Except as provided in Article 7 hereof, each Fund assumes full responsibility for the contents and distribution of its own respective offering document and for complying with all applicable requirements of the 1940 Act, the Internal Revenue Code, and any other laws, rules and regulations of governmental authorities having jurisdiction over the Fund.
Duties of the Funds. Except as provided in Section 7 hereof, the Corporation and each of its portfolios assumes full responsibility for complying with all applicable requirements of the 1940 Act, the Internal Revenue Code, and any other laws, rules and regulations of governmental authorities having jurisdiction over the Funds.
