Frequently Used Defined Terms. As used in this Agreement, the following terms have the following meanings:
Frequently Used Defined Terms. As used in this Agreement, the following terms have the following meanings: (a) “1940 Act” means the Investment Company Act of 1940, as amended. (b) “Adviser” means American Beacon Advisors, Inc., the adviser to each of the Funds listed in Schedule 1 hereto. (c) “Affiliate” means, with respect to any Person, any other Person that is controlled by, controls, or is under common control with such Person; for purposes hereof, “control” of a Person means (i) ownership of, or possession of the right to vote, more than 25% of the outstanding voting equity of that person or (ii) the right to control the appointment of the board of directors, management or executive officers of that person. (d) “Agreement” means this Agreement and any appendices and schedules attached hereto, in each case as they may be amended from time to time. (e) “Authorized Person(s)” means the persons described or listed on Schedule 2 hereto. (f) “Conduct Rule” means the Conduct Rules of FINRA. (g) “Class” and “Classes” have the meaning set forth in the preamble to this Agreement. (h) “Client” has the meaning set forth in the preamble to this Agreement and includes successors-in-interest; unless the context shall require otherwise, references to the Client shall include any Funds or Classes thereof. (i) “Effective Date” means the date first set forth above. (j) “Governing Body” means, for any entity, the Person or body of Persons governing the operations of the entity under its Organizational Documents (for example, if the entity is a corporation, its board of directors). (k) “FINRA” means the Financial Industry Regulatory Authority. (l) “Fund” and “Funds” have the meaning set forth in the preamble to this Agreement. (m) “Instruction” means any oral and written notice or statement directing action or inaction, including any such notice or statement transmitted to Resolute (i) in electronic format by machine readable input, electronic mail, CRT data entry or other similar means, or (ii) in person or by telephone, telecopy, vocal telegram or similar means. (n) “Laws” means any statutes, rules and regulations of any governmental authority and applicable judicial or regulatory interpretations thereof including without limitation the Conduct Rules of FINRA. (o) “Organizational Documents” means, for any entity, the documents pursuant to which the entity was formed as a legal entity, as such documents may be amended from time to time. (p) “Parties” means the Client and Resolute.
