INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust has furnished or shall promptly furnish to MFund the Fund Compliance Program or the various policies and procedures of the Trust 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 MFund, as necessary under Rule 38a-1 for inclusion in the Fund Compliance Program. (b) The Trust shall furnish MFund 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 Trust agrees that no amendments will be made to the Fund Compliance Program, which might have the effect of changing the procedures employed by MFund in providing the services agreed to hereunder or which amendment might affect the duties of MFund hereunder unless the Trust first obtains MFund’s approval of such amendments or changes, which approval shall not be withheld unreasonably. (c) MFund may rely on all documents furnished to it by the Trust and its agents , including Trust counsel, counsel to the independent Trustees and the Trust’s accountants, 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 Trust pursuant to Section 4(a), and shall be entitled to indemnification in accordance with Section 2(b) with regards to such reliance. (d) The Trust represents and warrants that it shall use its reasonable best efforts to effect the appointment and approval of the officers of the Trust recommended by MFund, as provided in Section 2 of this Agreement, by the Board.
Appears in 10 contracts
Samples: Compliance Services Agreement (TCG Financial Series Trust VIII), Compliance Services Agreement (TCG Financial Series Trust X), Compliance Services Agreement (TCG Financial Series Trust VII)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust has furnished or shall promptly furnish to MFund BISYS copies of the Fund Compliance Program or following, as amended and current as of the date of this Agreement:
(i) The various policies and procedures of the Trust 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 MFundBISYS, as necessary under Rule 38a-1 for inclusion in the Fund Compliance Program; and
(ii) The Trust's Anti-Money Laundering Policy.
(b) The Trust shall furnish MFund 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 Trust agrees that no amendments will be made to the AML Program or the Fund Compliance Program, Program which might will have the effect of changing the procedures employed by MFund BISYS in providing the services agreed to hereunder or which amendment might will affect the duties of MFund BISYS hereunder unless the Trust first obtains MFund’s approval notifies BISYS of such amendments or changes, which approval shall not be withheld unreasonably.
(c) MFund BISYS may rely on all documents furnished to it by the Trust and its agents , including Trust counsel, counsel to the independent Trustees and the Trust’s accountants, 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 Trust pursuant to Section 4(a), and shall be entitled to indemnification in accordance with Section 2(b) 5 below with regards regard to such reliance.
(d) The Trust represents and warrants that it shall use its reasonable best efforts to effect the appointment and approval of the officers of the Trust recommended by MFund, as provided in Section 2 of this Agreement, by the Board.
Appears in 3 contracts
Samples: Compliance Services Agreement (Bb&t Funds /), Compliance Services Agreement (BB&T Variable Insurance Funds), Compliance Services Agreement (Fifth Third Funds)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust has furnished or shall promptly furnish to MFund 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 Trust 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 MFund, as necessary under Rule 38a-1 for inclusion in the Fund Compliance Program.matters. and
(b) The Trust shall furnish MFund BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 4(a3(a) hereof, forthwith upon such amendments or changes becoming effective. In addition, addition the Trust agrees that no any amendments will be made to the written Fund Compliance Program, which might have the effect of changing the procedures employed by MFund BISYS in providing the services agreed to hereunder or which amendment might affect the duties of MFund hereunder unless BISYS hereunder, the Trust first obtains MFund’s will provide such amendment to BISYS and obtain BISYS' approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) MFund BISYS may reasonably rely on all documents furnished to it by the Trust and its agents , including Trust counsel, counsel to the independent Trustees and the Trust’s accountants, 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 Trust pursuant to Section 4(a3(a), and shall be entitled to indemnification in accordance with Section 2(b) the Master Services Agreement with regards regard to such reasonable reliance.
(d) The Trust represents and warrants that it shall use its reasonable best efforts to effect the appointment and approval of the officers of the Trust recommended by MFund, as provided in Section 2 of this Agreement, by the Board.
Appears in 3 contracts
Samples: Compliance Services Agreement (Sti Classic Funds), Compliance Services Agreement (Sti Classic Funds), Compliance Services Agreement (Sti Classic Variable Trust)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust has furnished or shall promptly furnish to MFund MFund, the Fund Compliance Program or the various policies and procedures of the Trust 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 MFund, as necessary under Rule 38a-1 for inclusion in the Fund Compliance Program.
(b) The Trust shall furnish to MFund written copies of any amendments to, or changes in, any of the items referred to in Section 4(a) hereof, forthwith promptly upon such amendments or changes becoming effective. In addition, the Trust agrees that no amendments will be made to the Fund Compliance Program, which Program that might have the effect of changing the procedures employed by MFund in providing the services agreed to hereunder or which amendment might affect the duties of MFund hereunder unless the Trust first obtains MFund’s approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) MFund may rely on all documents furnished to it by the Trust and its agents , including Trust counsel, counsel to the independent Trustees and the Trust’s accountantsService Providers, 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 Trust pursuant to Section 4(a), and shall be entitled to indemnification in accordance with Section 2(b) with regards to such reliance.
(d) The Trust represents and warrants that it shall use its reasonable best efforts to effect the appointment and approval of the officers of the Trust recommended by MFund, as provided in Section 2 of this Agreement, by the Board.
Appears in 3 contracts
Samples: Compliance Services Agreement (Strategy Shares), Compliance Services Agreement (Mutual Fund & Variable Insurance Trust), Compliance Services Agreement (Mutual Fund Series Trust)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust has furnished or shall promptly furnish to MFund BISYS copies, as amended and current as of the date of this Agreement, of the Fund Compliance Program or the various policies and procedures of the Trust 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 MFund, as necessary under Rule 38a-1 for inclusion in the Fund Compliance Programmatters.
(b) The Trust shall furnish MFund BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 4(a3(a) hereof, forthwith upon such amendments or changes becoming effective. In addition, addition the Trust agrees that no with respect to any amendments will be made to the written Fund Compliance Program, which might have the effect of changing the procedures employed by MFund BISYS in providing the services agreed to hereunder or which amendment might affect the duties of MFund hereunder unless BISYS hereunder, the Trust first obtains MFund’s will provide such amendment to BISYS and obtain BISYS' approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) MFund BISYS may reasonably rely on all documents furnished to it by the Trust and its agents , including Trust counsel, counsel to the independent Trustees and the Trust’s accountants, 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 Trust pursuant to Section 4(a3(a), and shall be entitled to indemnification in accordance with Section 2(b) the Master Services Agreement with regards regard to such reasonable reliance.
(d) The Trust represents and warrants that it shall use its reasonable best efforts to effect the appointment and approval of the officers of the Trust recommended by MFund, as provided in Section 2 of this Agreement, by the Board.
Appears in 2 contracts
Samples: Compliance Services Agreement (Sti Classic Funds), Compliance Services Agreement (Sti Classic Variable Trust)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust has furnished or shall promptly furnish to MFund the Fund Compliance Program or the various policies and procedures of the Trust 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 MFund, as necessary under Rule 38a-1 for inclusion in the Fund Compliance Program.
(b) The Trust shall furnish MFund 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 Trust agrees that no amendments will be made to the Fund Compliance Program, which might have the effect of changing the procedures employed by MFund in providing the services agreed to hereunder or which amendment might affect the duties of MFund hereunder unless the Trust first obtains MFund’s s approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) MFund may rely on all documents furnished to it by the Trust and its agents agents, including Trust counsel, counsel to the independent Trustees and the Trust’s accountants, 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 Trust pursuant to Section 4(a), and shall be entitled to indemnification in accordance with Section 2(b) with regards to such reliance.
(d) The Trust represents and warrants that it shall use its reasonable best efforts to effect the appointment and approval of the officers of the Trust recommended by MFund, as provided in Section 2 of this Agreement, by the Board.
Appears in 2 contracts
Samples: Compliance Services Agreement (Mutual Fund & Variable Insurance Trust), Compliance Services Agreement (Mutual Fund Series Trust)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust has furnished or shall promptly furnish to MFund the Fund Compliance Program or BISYS copies of the various policies and procedures of the Trust 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 MFundBISYS, as necessary under Rule 38a-1 for inclusion in the Fund Compliance Program.
(b) The Trust shall furnish MFund 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 Trust agrees that no amendments will be made to the Fund Compliance Program, Program which might will have the effect of changing the procedures employed by MFund BISYS in providing the services agreed to hereunder or which amendment might will affect the duties of MFund BISYS hereunder unless the Trust first obtains MFund’s approval notifies BISYS of such amendments or changes, which approval shall not be withheld unreasonably.
(c) MFund BISYS may rely on all documents furnished to it by the Trust and its agents , including Trust counsel, counsel to the independent Trustees and the Trust’s accountants, 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 Trust pursuant to Section 4(a), and shall be entitled to indemnification in accordance with Section 2(b) 5 below with regards regard to such reliance.
(d) The Trust represents and warrants that it shall use its reasonable best efforts to effect the appointment and approval of the officers of the Trust recommended by MFund, as provided in Section 2 of this Agreement, by the Board.
Appears in 2 contracts
Samples: Compliance Services Agreement (American Performance Funds), Compliance Services Agreement (American Performance Funds)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust has furnished or, shall promptly furnish, or shall promptly furnish require its agent to MFund the Fund Compliance Program or furnish, to JFS copies of the various policies and procedures of the Trust 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 Fund Anti-money Laundering Compliance Program (as applicable) and the compliance programs of Service Providers other than MFundJFS, or other information as reasonably requested by JFS or as necessary under Rule 38a-1 for inclusion in the Fund Compliance Program.
(b) The Trust shall furnish MFund furnish, or shall require its agent to furnish, JFS written copies of any amendments to, or changes in, any of the items referred to in Section 4(a) 4 hereof, forthwith upon such amendments or changes becoming effective. In addition, the Trust agrees that no amendments will be made to the Fund Compliance Program, Program which might will have the effect of changing the procedures employed by MFund JFS in providing the services agreed to hereunder or which amendment might will affect the duties of MFund JFS hereunder unless the Trust first obtains MFund’s approval notifies JFS of such amendments or changes, which approval shall not be withheld unreasonably.
(c) MFund JFS may rely on all documents furnished to it by the Trust and its agents , including Trust counsel, counsel to the independent Trustees and the Trust’s accountants, 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 Trust pursuant to this Section 4(a)4, and shall be entitled to indemnification in accordance with Section 2(b) 9 herein with regards regard to such reliance.
(d) The Trust represents and warrants that it shall use its reasonable best efforts to effect the appointment and approval of the officers of the Trust recommended by MFund, as provided in Section 2 of this Agreement, by the Board.
Appears in 2 contracts
Samples: Fund Compliance Services Agreement (Curian Variable Series Trust), Fund Compliance Services Agreement (Curian Series Trust)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust has furnished or shall promptly furnish to MFund Citi copies of the Fund Compliance Program or following, as amended and current as of the date of this Agreement:
(i) The various policies and procedures of the Trust 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 MFundCiti, as necessary under Rule 38a-1 for inclusion in the Fund Compliance Program; and
(ii) The Trust Anti-Money Laundering Policy.
(b) The Trust shall furnish MFund Citi 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 Trust agrees that no amendments will be made to the AML Program or the Fund Compliance Program, Program which might have the effect of changing the procedures employed by MFund Citi in providing the services agreed to hereunder or which amendment might affect the duties of MFund Citi hereunder unless the Trust first obtains MFundCiti’s approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) MFund Citi may rely on all documents furnished to it by the Trust and its agents , including Trust counsel, counsel to the independent Trustees and the Trust’s accountants, 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 Trust pursuant to Section 4(a), and shall be entitled to indemnification in accordance with Section 2(b) 5 below with regards regard to such reliance.
(d) . The Trust represents and warrants that it shall use its reasonable best efforts to effect (i) the appointment and approval provision of the certain officers of the Trust recommended by MFundCiti, as provided in Section 2 of this Agreement, has been approved by the Board, and (ii) each of the individuals nominated by Citi as the Trust’s AML Compliance Officer or Chief Compliance Officer has been approved and appointed as an officer of the Trust by the Board.
Appears in 2 contracts
Samples: Compliance Services Agreement (First Funds), Compliance Services Agreement (First Funds)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust has furnished or shall promptly furnish to MFund the Fund Compliance Program or the various policies and procedures of the Trust 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 MFund, as necessary under Rule 38a-1 38a-l for inclusion in the Fund Compliance Program.
(b) The Trust shall furnish MFund 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 Trust agrees that no amendments will be made to the Fund Compliance Program, which might have the effect of changing the procedures employed by MFund in providing the services agreed to hereunder or which amendment might affect the duties of MFund hereunder unless the Trust first obtains MFund’s s approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) MFund may rely on all documents furnished to it by the Trust and its agents agents, including Trust counsel, counsel to the independent Trustees and the Trust’s accountants, 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 Trust pursuant to Section 4(a), and shall be entitled to indemnification in accordance with Section 2(b) with regards to such reliance.
(d) The Trust represents and warrants that it shall use its reasonable best efforts to effect the appointment and approval of the officers of the Trust recommended by MFund, as provided in Section 2 of this Agreement, by the Board.
Appears in 1 contract
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust has furnished to BISYS the following, as amended and current as of the Effective Date:
(a) Copies of the Declaration of Trust of the Trust and of any amendments thereto.
(b) Copies of the following documents:
1. The Trust's By-Laws and any amendments thereto;
2. Certified copies of resolutions of the Board covering the approval of this Agreement and authorization the officers of the Trust to execute and deliver this Agreement, and authorization for the officers of the Trust to instruct BISYS hereunder; and
(c) A list of all officers of the Trust, with the Trust's AML Compliance Officer included among the officers therein, and any other persons (who may be associated with the Trust or its investment advisor), together with specimen signatures of those officers and other persons who (except as otherwise provided herein to the contrary) shall promptly furnish be authorized to MFund instruct BISYS in all matters.
(d) Prospectus and Statement of Additional Information;
(e) A certificate as to shares of beneficial interest of the Trust authorized, issued, and outstanding as of the Effective Date and as to receipt of full consideration by the Trust for all shares outstanding, such statement to be certified by the Treasurer of the Trust.
(f) A copy of the Trust's written AML Program, including any related written Policies and Procedures.
(g) A copy of the Fund Compliance Program or the various policies and procedures of the Trust 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 MFundBISYS, as necessary under Rule 38a-1 for inclusion in the Fund Compliance ProgramProgram in accordance with Schedule E of this Agreement.
(bh) The Trust shall furnish MFund written copies of any amendments to, or changes in, any of Trust's disclosure and control procedures (the items referred to in Section 4(a) hereof, forthwith upon such amendments or changes becoming effective. In addition, the Trust agrees that no amendments will be made to the Fund Compliance Program, which might have the effect of changing the procedures employed by MFund in providing the services agreed to hereunder or which amendment might affect the duties of MFund hereunder unless the Trust first obtains MFund’s approval of such amendments or changes, which approval shall not be withheld unreasonably"DCPs").
(c) MFund may rely on all documents furnished to it by the Trust and its agents , including Trust counsel, counsel to the independent Trustees and the Trust’s accountants, 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 Trust pursuant to Section 4(a), and shall be entitled to indemnification in accordance with Section 2(b) with regards to such reliance.
(di) The Trust represents and warrants that it shall use its reasonable best efforts to effect the appointment and approval of the officers of the Trust recommended by MFund, Trust's Valuation Procedures as provided defined in Section 2 of this Agreement, by the Board.Schedule C.
Appears in 1 contract
Samples: Services Agreement (Allianz Variable Insurance Products Trust)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust has furnished or shall promptly furnish to MFund Citi copies of the Fund Compliance Program or the various policies and procedures of the Trust 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 MFundCiti, as necessary under Rule 38a-1 for inclusion in the Fund Compliance Program.. Exhibit (h-6)
(b) The Trust shall furnish MFund Citi 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 Trust agrees that no amendments will be made to the Fund Compliance Program, Program which might have the effect of changing the procedures employed by MFund Citi in providing the services agreed to hereunder or which amendment might affect the duties of MFund Citi hereunder unless the Trust first obtains MFundCiti’s approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) MFund Citi may rely on all documents furnished to it by the Trust and its agents , including Trust counsel, counsel to the independent Trustees and the Trust’s accountants, 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 Trust pursuant to Section 4(a), and shall be entitled to indemnification in accordance with Section 2(b) with regards regard to such reliance.
(d) . The Trust represents and warrants that it shall use its reasonable best efforts to effect (i) the appointment and approval provision of the officers of the Trust recommended Chief Compliance Officer by MFundCiti, as provided in Section 2 of this Agreement, has been approved by the Board, and (ii) the Chief Compliance Officer has been approved and appointed as an officer of the Trust by the Board.
Appears in 1 contract
Samples: Compliance Services Agreement (HSBC Investor Portfolios)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust has furnished or shall promptly furnish to MFund Citi copies of the Fund Compliance Program or the various policies and procedures of the Trust 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 MFundCiti, as necessary under Rule 38a-1 for inclusion in the Fund Compliance Program.
(b) The Trust shall furnish MFund Citi 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 Trust agrees that no amendments will be made to the Fund Compliance Program, Program which might have the effect of changing the procedures employed by MFund Citi in providing the services agreed to hereunder or which amendment might affect the duties of MFund Citi hereunder unless the Trust first obtains MFundCiti’s approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) MFund Citi may rely on all documents furnished to it by the Trust and its agents , including Trust counsel, counsel to the independent Trustees and the Trust’s accountants, 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 Trust pursuant to Section 4(a), and shall be entitled to indemnification in accordance with Section 2(b) with regards regard to such reliance.
(d) . The Trust represents and warrants that it shall use its reasonable best efforts to effect (i) the appointment and approval provision of the officers of the Trust recommended Chief Compliance Officer by MFundCiti, as provided in Section 2 of this Agreement, has been approved by the Board, and (ii) the Chief Compliance Officer has been approved and appointed as an officer of the Trust by the Board.
Appears in 1 contract
Samples: Compliance Services Agreement (HSBC Investor Funds)