Fund by Fund Basis Sample Clauses

Fund by Fund Basis. This Agreement is executed by each Acquiring Trust on behalf of its respective Acquiring Funds, and each Acquired Trust on behalf of its respective Acquired Funds. Each Acquired Trust acknowledges that (i) the obligations hereunder are binding only upon the Acquiring Fund to which such obligations pertain and the assets and property of such Acquiring Fund, and (ii) no trustee, officer, or shareholder assumes any personal liability for obligations entered into on behalf of an Acquiring Fund; and (iii) the obligations of each Acquiring Fund under this Agreement shall be several and not joint, and the assets of one Acquiring Fund shall not be liable for the obligations of another Acquiring Fund. Each Acquiring Trust acknowledges that (i) the obligations hereunder are binding only upon the Acquired Fund to which such obligations pertain and the assets and property of such Acquired Fund, and (ii) no trustee, officer, or shareholder assumes any personal liability for obligations entered into on behalf of an Acquired Fund; and (iii) the obligations of each Acquired Fund under this Agreement shall be several and not joint, and the assets of one Acquired Fund shall not be liable for the obligations of another Acquired Fund.
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Fund by Fund Basis. This Agreement is executed by each Acquiring Trust on behalf of its respective Acquiring Funds, and each Acquired Trust on behalf of its respective Acquired Funds. Each such Acquiring Fund or Acquired Fund, as applicable, acknowledges that (i) the obligations hereunder are binding only upon the applicable Fund to which such obligations pertain and the assets and property of such Fund, and (ii) no trustee, officer, or shareholder assumes any personal liability for obligations entered into on behalf of a Fund; and (iii) the obligations of each Fund under this Agreement shall be several and not joint, and the assets of one Fund shall not be liable for the obligations of another Fund.
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Fund by Fund Basis. This Agreement is executed by each Company with respect to each of their respective Funds and the obligations hereunder are not binding upon any of the trustees, officers or shareholders of a Fund individually. Notwithstanding any other provision in this Agreement to the contrary, each and every obligation, liability or undertaking of a particular Fund under this Agreement shall constitute solely an obligation, liability or undertaking of, and be binding upon, such particular Fund and shall be payable solely from the available assets of such particular Fund and shall not be binding upon or affect any assets of any other Fund.
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Fund by Fund Basis. Notwithstanding any other provision in this Agreement to the contrary, each and every obligation, liability or undertaking of a particular Fund (as a series of the Trust) under this Agreement shall constitute solely an obligation, liability or undertaking of, and be binding upon, such Fund, and shall be payable solely from the available assets of such Fund, and shall not be binding upon or affect any assets of any other Fund.
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Fund by Fund Basis. This Agreement is executed by each Acquiring Trust on behalf of its respective Acquiring Fund(s), and each Acquired Fund acknowledges that (i) the obligations hereunder are binding only upon the Acquiring Fund to which such obligations pertain and the assets and property of such Acquiring Fund; and
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Fund by Fund Basis. The parties acknowledge that the obligations of the Trusts and the Funds hereunder are several and not joint, that no Trust or Fund shall be liable for any amount owing by another Trust or another Fund and that each Trust has executed one instrument for convenience only. Notwithstanding any other provision in this Agreement to the contrary, each and every obligation, liability or undertaking of a particular Trust or Fund under this Agreement shall constitute solely an obligation, liability or undertaking of, and be binding upon, such particular Trust or Fund and shall be payable solely from the available assets of such particular Trust or Fund and shall not be binding upon or affect any assets of any other Trust or Fund. This Section 11.19 shall survive the termination of this Agreement. It is expressly acknowledged and agreed that the obligations of a Trust hereunder shall not be binding upon any of the shareholders, trustees, officers, employees or agents of a Trust, personally, but shall bind only the trust property of the particular Fund, as provided in its Declaration of Trust. The execution and delivery of this Agreement have been authorized by the Managing Owner and signed by a duly authorized representative of the Managing Owner, acting as such, and neither such authorization by the Managing Owner nor such execution and delivery by such authorized representatives shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of a Trust as provided in its Declaration of Trust.
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Fund by Fund Basis. VIP Trust is governed by an Amended and Restated Agreement and Declaration of Trust dated December 1, 2021, and VIP FoF Trust is governed by an Amended and Restated Agreement and Declaration of Trust dated December 1, 2021, as each may be amended from time to time, and all persons dealing with a Trust or a Fund must look solely to the property of the particular Trust or such Fund for the enforcement of any claims as none of its trustees, officers, agents or shareholders assume any personal liability for obligations entered into on behalf of a Trust. No Fund shall be liable for any claims against any other Fund. Each Trust specifically acknowledges that any liability of the Trust under this Agreement with respect to a particular Fund, or in connection with the transactions contemplated herein with respect to a particular Fund, shall be discharged only out of the assets of the particular Fund and that no other series of the Trust shall be liable with respect thereto.
Sample 1
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Fund by Fund Basis. The Trust is governed by an Agreement and Declaration of Trust dated July 13, 1999, as amended from time to time, and all persons dealing with the Trust or a Fund must look solely to the property of the Trust or such Fund for the enforcement of any claims as none of its trustees, officers, agents or shareholders assume any personal liability for obligations entered into on behalf of the Trust. No Fund shall be liable for any claims against any other Fund. The Trust specifically acknowledges that any liability of the Trust under this Agreement with respect to a particular Fund, or in connection with the transactions contemplated herein with respect to a particular Fund, shall be discharged only out of the assets of the particular Fund and that no other series of the Trust shall be liable with respect thereto.
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Related to Fund by Fund Basis

  • Fund Personnel The Manager agrees to permit individuals who are officers or employees of the Manager to serve (if duly elected or appointed) as officers, directors, members of any committee of directors, members of any advisory board, or members of any other committee of the Corporation, without remuneration or other cost to the Fund or the Corporation.

  • Satisfaction of Sinking Fund Payments with Securities The Company (i) may deliver Outstanding Securities of a series and (ii) may apply as a credit Securities of a series that have been redeemed either at the election of the Company pursuant to the terms of such Securities or through the application of permitted optional sinking fund payments pursuant to the terms of such Securities, in each case in satisfaction of all or any part of any sinking fund payment with respect to the Securities of such series required to be made pursuant to the terms of such Securities as provided for by the terms of such series, provided that such Securities have not been previously so credited. Such Securities shall be received and credited for such purpose by the Trustee at the redemption price specified in such Securities for redemption through operation of the sinking fund and the amount of such sinking fund payment shall be reduced accordingly.

  • Price Summit Cash Reserves Fund T Xxxx Price Summit Limited-Term Bond Fund T. Xxxx Price Summit GNMA Fund T. XXXX PRICE SUMMIT MUNICIPAL FUNDS, INC. on behalf of the: T. Xxxx Price Summit Municipal Money Market Fund T. Xxxx Price Summit Municipal Intermediate Fund T. Xxxx Price Summit Municipal Income Fund T. XXXX PRICE VALUE FUND, INC. PAGE 21 AMENDMENT NO. 1 AGREEMENT between T. XXXX PRICE ASSOCIATES, INC. and THE T. XXXX PRICE FUNDS for FUND ACCOUNTING SERVICES The Agreement for Fund Accounting Services of January 1, 1997, between T. Xxxx Price Associates, Inc. and each of the Parties listed on Appendix A thereto is hereby amended, as of February 4, 1997, by adding thereto Reserve Investment Funds, Inc., on behalf of Government Reserve Investment Fund and Reserve Investment Fund. RESERVE INVESTMENT FUNDS, INC. Government Reserve Investment Fund Reserve Investment Fund T. XXXX PRICE BALANCED FUND, INC. T. XXXX PRICE BLUE CHIP GROWTH FUND, INC. T. XXXX PRICE CALIFORNIA TAX-FREE INCOME TRUST California Tax-Free Bond Fund California Tax-Free Money Fund T. XXXX PRICE CAPITAL APPRECIATION FUND T. XXXX PRICE CAPITAL OPPORTUNITY FUND, INC. T. XXXX PRICE CORPORATE INCOME FUND, INC. T. XXXX PRICE DIVIDEND GROWTH FUND, INC. T. XXXX PRICE EQUITY INCOME FUND T. XXXX PRICE EQUITY SERIES, INC. T. Xxxx Price Equity Income Portfolio T. Xxxx Price New America Growth Portfolio T. Xxxx Price Personal Strategy Balanced Portfolio T. Xxxx Price Mid-Cap Growth Portfolio T. XXXX PRICE FINANCIAL SERVICES FUND, INC. T. XXXX PRICE FIXED INCOME SERIES, INC. T. Xxxx Price Limited-Term Bond Portfolio T. Xxxx Price Prime Reserve Portfolio PAGE 22 T. XXXX PRICE GNMA FUND T. XXXX PRICE GROWTH & INCOME FUND, INC. T. XXXX PRICE GROWTH STOCK FUND, INC. T. XXXX PRICE HEALTH SCIENCES FUND, INC. T. XXXX PRICE HIGH YIELD FUND, INC. T. XXXX PRICE INDEX TRUST, INC. T. Xxxx Price Equity Index Fund INSTITUTIONAL EQUITY FUNDS, INC. Mid-Cap Equity Growth Fund INSTITUTIONAL INTERNATIONAL FUNDS, INC. Foreign Equity Fund T. XXXX PRICE INTERNATIONAL FUNDS, INC. T. Xxxx Price International Bond Fund T. Xxxx Price International Discovery Fund T. Xxxx Price International Stock Fund T. Xxxx Price European Stock Fund T. Xxxx Price New Asia Fund T. Xxxx Price Global Government Bond Fund T. Xxxx Price Japan Fund T. Xxxx Price Latin America Fund T. Xxxx Price Emerging Markets Bond Fund T. Xxxx Price Emerging Markets Stock Fund T. Xxxx Price Global Stock Fund T. XXXX PRICE INTERNATIONAL SERIES, INC. T. Xxxx Price International Stock Portfolio T. XXXX PRICE MID-CAP GROWTH FUND, INC. T. XXXX PRICE MID-CAP VALUE FUND, INC. T. XXXX PRICE NEW AMERICA GROWTH FUND T. XXXX PRICE NEW ERA FUND, INC. T. XXXX PRICE NEW HORIZONS FUNDS, INC. T. XXXX PRICE NEW INCOME FUND, INC. T. XXXX PRICE OTC FUND, INC., now known as T. XXXX PRICE SMALL-CAP STOCK FUND, INC. T. Xxxx Price OTC Fund, now known as T. Xxxx Price Small-Cap Stock Fund PAGE 23 T. XXXX PRICE PERSONAL STRATEGY FUNDS, INC. T. Xxxx Price Personal Strategy Balanced Fund T. Xxxx Price Personal Strategy Growth Fund T. Xxxx Price Personal Strategy Income Fund T. XXXX PRICE PRIME RESERVE FUND, INC. T. XXXX PRICE SCIENCE & TECHNOLOGY FUND, INC. T. XXXX PRICE SHORT-TERM BOND FUND, INC. T. XXXX PRICE SHORT-TERM U.S. GOVERNMENT FUND, INC. T. XXXX PRICE SMALL-CAP VALUE FUND, INC. T. XXXX PRICE SPECTRUM FUND, INC. Spectrum Growth Fund Spectrum Income Fund Spectrum International Fund

  • Trust Fund Waiver Reference is made to the final prospectus of the Company dated October 24, 2013 (File No. 333-191195) (the “Prospectus”). The Purchaser warrants and represents that it has read the Prospectus and understands that Company has established the Trust Fund containing the proceeds of the IPO initially in the amount of at least Seventy-Two Million Seven Hundred Ninety-Five Thousand Dollars ($72,795,000) for the benefit of the Company’s public stockholders and certain other parties (including the underwriters of the IPO) and that the Company may disburse monies from the Trust Fund, including any proceeds therefrom, only as provided in the Prospectus. For and in consideration of the Company agreeing to enter into this Agreement, the Purchaser agrees that, notwithstanding any provisions contained in this Agreement, the Purchaser does not now have, and shall not at any time prior to the Closing have, any claim to, or make any claim against, the Trust Fund, any asset contained therein or any Additional Person, regardless of whether such claim arises as a result of, in connection with or relating in any way to, the business relationship between STG or any of its Subsidiaries, on the one hand, and the Company, on the other hand, this Agreement or any other agreement or any other matter, and regardless of whether such claim arises based on contract, tort, equity or any other theory of legal liability. The Purchaser (for itself and on behalf of its Affiliates and direct and indirect subsidiaries and stockholders, and its and their respective successors and assigns, and any Person claiming by or through the Purchaser) hereby irrevocably waives any and all rights, titles, interests and claims of any kind that the Purchaser may have, now or in the future (in each case, however, prior to the consummation of a business combination), and shall not take any action or suit, make any claim or demand or seek recovery of any Liability or recourse against, the Trust Fund or any Additional Person for any reason whatsoever in respect thereof. The Purchaser agrees and acknowledges that such irrevocable waiver is material to this Agreement and specifically relied upon by the Company to induce it to enter into this Agreement. The Purchaser further intends and understands such waiver to be valid, binding and enforceable under applicable Law. To the extent that the Purchaser commences any action or Proceeding based upon, in connection with, relating to or arising out of any matter relating to the Company or any Additional Person, which Proceeding seeks, in whole or in part, monetary relief against the Company or any Additional Person, the Purchaser hereby acknowledges and agrees that the Purchaser’s sole remedy shall be against the Company’s funds held outside of the Trust Fund and that such claim shall not permit the Purchaser (or any party claiming on the Purchaser’s behalf or in lieu of the Purchaser) to have any claim against any Additional Person or the Trust Fund or any amounts contained therein. In the event that the Purchaser commences any action or Proceeding based upon, in connection with, relating to or arising out of any matter relating to the Company or any Additional Person, which Proceeding seeks, in whole or in part, relief against the Trust Fund, the Company’s public stockholders or any Additional Person, whether in the form of money damages or injunctive relief, the Company shall be entitled to recover from the Purchaser the associated legal fees and costs in connection with any such action, in the event the Company prevails in such action or Proceeding.

  • Sales of Fund Shares You may offer and sell shares of each Fund and class of each Fund only at the public offering price which shall be applicable to, and in effect at the time of, each transaction. The procedures relating to all orders and the handling of them shall be subject to the terms of the applicable then current prospectus and statement of additional information (hereafter, the “Prospectus”) and new account application, including amendments, for each such Fund and each class of such Fund, and our written instructions from time to time. This Agreement is not exclusive, and either party may enter into similar agreements with third parties.

  • Tax Funds 49 Section 9.2. Insurance Premium Funds..........................................50 Section 9.3. Ordinary Capital Expenditures Funds..............................51

  • Return of Contribution Nonrecourse to Other Members Except as provided by law or as expressly provided in this Operating Agreement, upon dissolution, each Member shall look solely to the assets of the Company for the return of its Capital Contribution. If the Company property remaining after the payment or discharge of the debts and liabilities of the Company is insufficient to return the cash contribution of one or more Members, such Member or Members shall have no recourse against any other Member.

  • Employer Profit Sharing Contributions An Employee will be eligible to become a Participant in the Plan for purposes of receiving an allocation of any Employer Profit Sharing Contribution made pursuant to Section 10 of the Adoption Agreement after completing ________ (enter 0, 1, 2 or any fraction less than 2)

  • TO Fund Accounting Agreement This Amendment No. 16 (this “Amendment”) is made and entered into effective as of October 1, 2018 (“Amendment Effective Date”) by and between each Fund listed on amended Exhibit A (each a “Fund” or collectively the “Funds”), attached hereto as attachment A, T. ROWE PRICE ASSOCIATES, INC., a Maryland corporation having its principal office located at 100 E. Pratt Street, Baltimore, Maryland 21202 (“TRP”) and THE BANK OF NEW YORK MELLON, a bank organized under the Laws of the State of New York, having its principal office located at 255 Liberty Street, New York, New York 10286 (“BNY Mellon”).

  • Tax Periods Beginning Before and Ending After the Closing Date The Company or the Purchaser shall prepare or cause to be prepared and file or cause to be filed any Returns of the Company for Tax periods that begin before the Closing Date and end after the Closing Date. To the extent such Taxes are not fully reserved for in the Company’s financial statements, the Sellers shall pay to the Company an amount equal to the unreserved portion of such Taxes that relates to the portion of the Tax period ending on the Closing Date. Such payment, if any, shall be paid by the Sellers within fifteen (15) days after receipt of written notice from the Company or the Purchaser that such Taxes were paid by the Company or the Purchaser for a period beginning prior to the Closing Date. For purposes of this Section, in the case of any Taxes that are imposed on a periodic basis and are payable for a Taxable period that includes (but does not end on) the Closing Date, the portion of such Tax that relates to the portion of such Tax period ending on the Closing Date shall (i) in the case of any Taxes other than Taxes based upon or related to income or receipts, be deemed to be the amount of such Tax for the entire Tax period multiplied by a fraction the numerator of which is the number of days in the Tax period ending on the Closing Date and the denominator of which is the number of days in the entire Tax period (the “Pro Rata Amount”), and (ii) in the case of any Tax based upon or related to income or receipts, be deemed equal to the amount that would be payable if the relevant Tax period ended on the Closing Date. The Sellers shall pay to the Company with the payment of any taxes due hereunder, the Sellers’ Pro Rata Amount of the costs and expenses incurred by the Purchaser or the Company in the preparation and filing of the Tax Returns. Any net operating losses or credits relating to a Tax period that begins before and ends after the Closing Date shall be taken into account as though the relevant Tax period ended on the Closing Date. All determinations necessary to give effect to the foregoing allocations shall be made in a reasonable manner as agreed to by the parties.

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