Information to be Furnished by the Company. (a) The Company has furnished or shall promptly furnish to BISYS copies of the following, as amended and current as of the date of this Agreement:
(i) The Fund Compliance Program or the various policies and procedures of the Company that have been adopted through the date hereof which pertain to compliance matters that are required to be covered by the Fund Compliance Program, including the compliance programs of Service Providers other than BISYS, as necessary under Rule 38a-1 for inclusion in the Fund Compliance Program; and
(b) The Company shall furnish BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 4(a) hereof, forthwith upon such amendments or changes becoming effective. In addition, the Company agrees that no amendments will be made to the Fund Compliance Program, which might have the effect of changing the procedures employed by BISYS in providing the services agreed to hereunder or which amendment might affect the duties of BISYS hereunder unless the Company first obtains BISYS’s approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) BISYS may rely on all documents furnished to it by the Company and its agents in connection with the services to be provided under this Agreement, including any amendments to or changes in any of the items to be provided by the Company pursuant to Section 4(a), and shall be entitled to indemnification in accordance with the Primary Agreement with regard to such reliance. The Company represents and warrants that (i) the provision of certain officers of the Company by BISYS, as provided in Section 2 of this Agreement, has been approved by the Board, and (ii) the individual nominated by BISYS as the Company’s Chief Compliance Officer has been approved and appointed as an officer of the Company by the Board.
Information to be Furnished by the Company. The Company has furnished to Ultimus the following:
(a) Copies of the Articles of Incorporation and of any amendments thereto, certified by the proper official of the state in which such document has been filed.
(b) Copies of the following documents:
(1) The Company’s By-Laws and any amendments thereto; and
(2) Certified copies of resolutions of the Directors covering the approval of this Agreement, authorization of a specified officer of the Company to execute and deliver this Agreement and authorization for specified officers of the Company to instruct Ultimus thereunder.
(c) A list of all the officers of the Company, together with specimen signatures of those officers who are authorized to instruct Ultimus in all matters.
(d) Copies of the Prospectus and Statement of Additional Information for the Company
Information to be Furnished by the Company. The Company has furnished to Ultimus the following:
(a) Copies of the Agreement and Articles of Incorporation (the “Articles”) and of any amendments thereto, certified by the proper official of the state in which such document has been filed.
(b) Copies of the following documents:
(1) The Company’s Bylaws and any amendments thereto; and
(2) Certified copies of resolutions of the Directors covering the approval of this Agreement, authorization of a specified officer of the Company to execute and deliver this Agreement and authorization for specified officers of the Company to instruct Ultimus thereunder.
(c) A list of all the officers of the Company, together with specimen signatures of those officers who are authorized to instruct Ultimus in all matters.
(d) Copies of the Prospectus and Statement of Additional Information for each Fund.
Information to be Furnished by the Company. Each Company has furnished to Ultimus the following:
(a) Copies of the Articles of Incorporation and of any amendments thereto, certified by the proper official of the state in which such document has been filed.
(b) Copies of the following documents:
(1) The Company's Bylaws and any amendments thereto; and (
Information to be Furnished by the Company. The Company has furnished to Shareholder Services the following:
(a) Copies of the Articles of Incorporation of the Company, certified by the proper official of the state in which such Declaration has been filed.
(b) Copies of the following documents:
i) The Company's Bylaws;
ii) Certified copies of resolutions of the Board of Directors covering the approval of this Agreement, authorization of an officer of the Company to execute and deliver this Agreement, and authorization of officers of the Company to instruct Shareholder Services hereunder.
(c) A list of all the officers of the Company, together with specimen signatures of those officers who are authorized to instruct Shareholder Services in all matters.
(d) Two copies of the following:
i) Prospectuses for each Portfolio and the Statement of Additional Information of the Company;
ii) Distribution Agreement;
iii) Investment Advisory Agreement;
iv) Administration Agreement; and
v) All other forms commonly used by the Company or its Distributor with regard to their relationships and transactions with shareholders of the Company.
Information to be Furnished by the Company. The Company has furnished to BISYS the following, as amended and current as of the date of this Amendment:
(a) A list of all officers of the Company, with the Company's AML Compliance Officer included among the officers therein, and any other persons (who may be associated with the Company or its investment advisor), together with specimen signatures of those officers and other persons who (except as otherwise provided herein to the contrary) shall be authorized to instruct BISYS in all matters.
(b) A copy of the Company's written AML Program, as defined in Section 1 of this Amendment, including related Policies and Procedures.
Information to be Furnished by the Company. The Company has furnished to BISYS the following documents, as amended and current as of the date hereof:
(a) Copies of the Declarations of Trust of the Trusts and of any amendments thereto.
(b) Copies of the Trusts' Bylaws and any amendments thereto.
(c) The Declaration of Trust of the Company, and any amendments thereto, and the Charter of Gartmore Investors Services, Inc. and any amendments thereto.
(d) A list of all the officers of the Trusts, the Company, and Gartmore Investors Services, Inc. together with specimen signatures of those officers who are authorized to instruct BISYS in any particular matters or all matters.
(d) Two copies of the Prospectuses and Statements of Additional Information for each Fund.
(e) The Distribution Agreement for each Fund, and each other form of agreement used by the Trusts or their distributor with regard to their relationships and transactions with shareholders of the Funds. The Company also represents and warrants that the execution, delivery and performance of this Agreement are within the Company's powers and have been duly authorized by all necessary action on the part of the Company.
Information to be Furnished by the Company. (a) The Company has furnished or shall promptly furnish to Citi copies of the following, as amended and current as of the date of this Amendment: The Fund Compliance Program or the various policies and procedures of the Company that have been adopted through the date hereof which pertain to compliance matters that are required to be covered by the Fund Compliance Program, including the compliance programs of Service Providers other than Citi, as necessary under Rule 38a-1 for inclusion in the Fund Compliance Program in accordance with Section 1(b) of this Amendment.
(b) The Company shall furnish Citi written copies of any amendments to, or changes in, the Fund Compliance Program or the various policies and procedures of the Company, forthwith upon such amendments or changes becoming effective. In addition, the Company agrees to provide Citi with advance written notice of any amendments to the Fund Compliance Program. Citi will not be responsible for changing or conforming its services to any such amendments until Citi has reviewed and accepted responsibility for the relevant changes in services, in Citi’s reasonable discretion. Citi agrees to be responsible for changing or conforming its services to any such amendments where such changes to its services will not increase the burden (including, without limitation, cost or risk) to Citi, as reasonably determined by Citi, subject to Citi’s receipt of advance written notice of amendments, and further subject to Citi’s timetable for the implementation of such changes, and the Company’s agreement to reimburse Citi for any costs of implementation. Citi will consider changes to its services in good faith. In the event that any amendment to the Fund Compliance Program, or any change in laws applicable to the Company would require Citi to make specific changes to its service model, Citi will use reasonable good faith efforts to inform the Company of the changes that would be necessary, and set out the estimated costs and estimated implementation timetable for any additional services. The parties shall then in good faith agree to mutually agreeable terms applicable to such additional service.
(c) Citi may rely on all documents furnished to it by the Company and its agents, including, Aberdeen, in connection with the services to be provided under this Amendment, including any amendments to or changes in any of the items to be provided by the Company pursuant to Section 4(a), and shall be entitled to indemnification in...
Information to be Furnished by the Company. The Company has furnished to BISYS the following documents, as amended and current as of the date hereof:
(a) Copies of the Declarations of Trust of the Trusts and of any amendments thereto.
(b) Copies of the Trusts' Bylaws and any amendments thereto.
(c) The Declaration of Trust of the Company, and any amendments thereto, and the Charter of Gartmore Investors Services, Inc. and any amendments thereto.
(d) A list of all the officers of the Trusts, the Company, and Gartmore Investors Services, Inc. together with specimen signatures of those officers who are authorized to instruct BISYS in any particular matters or all matters.
Information to be Furnished by the Company. The Company has furnished to BISYS the following:
(a) Copies of the Articles of Incorporation of the Company and of any amendments thereto, certified by the proper official of the state in which such Articles have been filed.
(b) Copies of the following documents:
1. The Company's Bylaws and any amendments thereto; '.
2. Certified copies of resolutions of the Directors covering the following matters:
A. Approval of this Agreement and authorization of a specified Officer of the Company to execute and deliver this Agreement and authorization for specified officers of the Company to instruct BISYS hereunder; and
B. Authorization of BISYS to act as Transfer Agent for the Company.
(c) A list of all officers of the Company, together with specimen signatures of those officers, who are authorized to instruct BISYS in all matters.
(d) Two copies of the following (if such documents are employed by the Company):