INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust will furnish to VCM the following upon request: (i) A copy of each Trust Instrument and any amendments thereto; (ii) A copy of each Trust’s By-laws and any amendments thereto; (iii) A certified list of all officers of the Funds, including the Funds’ AML Compliance Officer (as defined in section 17(c) of this Agreement), and any other persons together with specimen signatures of those officers and other persons who (except as otherwise provided herein to the contrary) shall be authorized to instruct VCM in all matters. Any delay in delivery of this list shall not relieve VCM of any actual knowledge it may possess of any change in authority of persons authorized to provide instructions to VCM; (iv) A copy of each Trust’s anti-money laundering program, including any related policies and procedures (“AML Program”); (v) Each Trust’s most recent Post-Effective Amendment to its Registration Statement under the Securities Act of 1933, as amended (the “1933 Act”), and under the 1940 Act, on Form N-1A as filed with the SEC relating to the Shares and any further amendment thereto; (vi) Notification of registration of the Trust under the 1940 Act on Form N-8A as filed with the SEC; (vii) Prospectuses and SAIs of the Trust with respect to the Funds (such prospectuses and SAIs , as presently in effect and as they shall from time to time be amended and supplemented, herein called individually, the “Prospectus” and collectively, the “Prospectuses”); and (ix) The Trust’s disclosure and control procedures (the “Trust DCPs”). (b) The Trust shall furnish VCM written copies of any amendments to, or changes in, any of the items referred to in Section 15(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 Trust DCPs that might have the effect of changing the procedures employed by VCM in providing the Services or that might affect the duties of VCM hereunder, unless the Trust first obtains VCM’s approval of such amendments or changes, which approval shall not be withheld unreasonably. (c) VCM may rely on all documents furnished to it by the Trust and its agents in connection with the Services, including any amendments to or changes in any of the items to be provided by the Trust pursuant to Section 15(a), and shall be entitled to indemnification in accordance with Section 9 above with regard to such reliance. (d) The Trust represents and warrants that (A) the provision of certain officers of the Trust by VCM, as provided in Section 17 of this Agreement, has been approved by the Boards, and (B) each of the individuals nominated by VCM as the Trust’s AML Compliance Officer or Financial Officer has been approved and appointed as an officer of the Trust by the Boards. (e) VCM shall be deemed to have received any document with respect to the Trust that is filed with the SEC and available on XXXXX, unless the Trust files such document without VCM’s knowledge.
Appears in 3 contracts
Samples: Administration and Fund Accounting Agreement (Victory Portfolios II), Administration and Fund Accounting Agreement (Victory Variable Insurance Funds), Administration and Fund Accounting Agreement (Victory Institutional Funds)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust will has furnished or shall promptly furnish to VCM BISYS copies of the following upon requestfollowing, as amended and current as of the date of this Agreement:
(i) A copy The Fund Compliance Program or the various policies and procedures of each the Trust Instrument and any amendments thereto;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
(ii) A copy of each Trust’s By-laws and any amendments thereto;
(iii) A certified list of all officers of the Funds, including the Funds’ AML Compliance Officer (as defined in section 17(c) of this Agreement), and any other persons together with specimen signatures of those officers and other persons who (except as otherwise provided herein to the contrary) shall be authorized to instruct VCM in all matters. Any delay in delivery of this list shall not relieve VCM of any actual knowledge it may possess of any change in authority of persons authorized to provide instructions to VCM;
(iv) A copy of each Trust’s anti-money laundering program, including any related policies and procedures (“AML Program”);
(v) Each Trust’s most recent Post-Effective Amendment to its Registration Statement under the Securities Act of 1933, as amended (the “1933 Act”), and under the 1940 Act, on Form N-1A as filed with the SEC relating to the Shares and any further amendment thereto;
(vi) Notification of registration of the Trust under the 1940 Act on Form N-8A as filed with the SEC;
(vii) Prospectuses and SAIs of the Trust with respect to the Funds (such prospectuses and SAIs , as presently in effect and as they shall from time to time be amended and supplemented, herein called individually, the “Prospectus” and collectively, the “Prospectuses”); and
(ix) The Trust’s disclosure and control procedures (the “Trust DCPs”).
(b) The Trust shall furnish VCM BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 15(a5(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 Program, the Fund Compliance Program, or the Trust DCPs that which might have the effect of changing the procedures employed by VCM BISYS in providing the Services services agreed to hereunder or that which amendment might affect the duties of VCM hereunder, BISYS hereunder unless the Trust first obtains VCM’s BISYS' s approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) VCM BISYS may rely on all documents furnished to it by the Trust and its agents in connection with the Servicesservices 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 15(a5(a), and shall be entitled to indemnification in accordance with Section 9 above 6 below with regard to such reliance.
(d) . The Trust represents and warrants that (Ai) the provision of certain officers of the Trust by VCMBISYS, as provided in Section 17 3 of this Agreement, has been approved by the BoardsBoard, and (Bii) each of the individuals nominated by VCM BISYS as the Trust’s 's AML Compliance Officer Officer, Chief Compliance Officer, or Financial Officer has been approved and appointed as an officer of the Trust by the BoardsBoard.
(e) VCM shall be deemed to have received any document with respect to the Trust that is filed with the SEC and available on XXXXX, unless the Trust files such document without VCM’s knowledge.
Appears in 2 contracts
Samples: Compliance Services Agreement (Coventry Group), Compliance Services Agreement (Coventry Group)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust will has furnished or shall promptly furnish to VCM BISYS copies of the following upon requestfollowing, as amended and current as of the date of this Amendment:
(i) A copy The Fund Compliance Program or the various policies and procedures of each the Trust Instrument and any amendments thereto;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
(ii) A copy of each Trust’s By-laws and any amendments thereto;
(iii) A certified list of all officers of the Funds, including the Funds’ AML Compliance Officer (as defined in section 17(c) of this Agreement), and any other persons together with specimen signatures of those officers and other persons who (except as otherwise provided herein to the contrary) shall be authorized to instruct VCM in all matters. Any delay in delivery of this list shall not relieve VCM of any actual knowledge it may possess of any change in authority of persons authorized to provide instructions to VCM;
(iv) A copy of each Trust’s anti-money laundering program, including any related policies and procedures (“AML Program”);
(v) Each Trust’s most recent Post-Effective Amendment to its Registration Statement under the Securities Act of 1933, as amended (the “1933 Act”), and under the 1940 Act, on Form N-1A as filed with the SEC relating to the Shares and any further amendment thereto;
(vi) Notification of registration of the Trust under the 1940 Act on Form N-8A as filed with the SEC;
(vii) Prospectuses and SAIs of the Trust with respect to the Funds (such prospectuses and SAIs , as presently in effect and as they shall from time to time be amended and supplemented, herein called individually, the “Prospectus” and collectively, the “Prospectuses”); and
(ix) The Trust’s disclosure and control procedures (the “Trust DCPs”).
(b) The Trust shall furnish VCM BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 15(a5(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 Program, the Fund Compliance Program, or the Trust DCPs that which might have the effect of changing the procedures employed by VCM BISYS in providing the Services services agreed to hereunder or that which amendment might affect the duties of VCM hereunder, BISYS hereunder unless the Trust first obtains VCM’s BISYS's approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) VCM BISYS may rely on all documents furnished to it by the Trust and its agents in connection with the Servicesservices to be provided under this Amendment, including any amendments to or changes in any of the items to be provided by the Trust pursuant to Section 15(a5(a), and shall be entitled to indemnification in accordance with Section 9 above the Agreement with regard to such reliance.
(d) . The Trust represents and warrants that (Ai) the provision of certain officers of the Trust by VCMBISYS, as provided in Section 17 3 of this AgreementAmendment, has been approved by the BoardsBoard, and (Bii) each of the individuals nominated by VCM BISYS as the Trust’s 's AML Compliance Officer Officer, Chief Compliance Officer, or Financial Officer has been approved and appointed as an officer of the Trust by the BoardsBoard.
(e) VCM shall be deemed to have received any document with respect to the Trust that is filed with the SEC and available on XXXXX, unless the Trust files such document without VCM’s knowledge.
Appears in 2 contracts
Samples: Services Agreement (USAllianz Variable Insurance Products Fund of Funds Trust), Administration Agreement (Usallianz Variable Insurance Products Trust)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust will has furnished or shall promptly furnish to VCM BISYS copies of the following upon requestfollowing, as amended and current as of the date of this Agreement:
(i) A copy The Fund Compliance Program or the various policies and procedures of each the Trust Instrument and any amendments thereto;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
(ii) A copy of each Trust’s By-laws and any amendments thereto;
(iii) A certified list of all officers of the Funds, including the Funds’ AML Compliance Officer (as defined in section 17(c) of this Agreement), and any other persons together with specimen signatures of those officers and other persons who (except as otherwise provided herein to the contrary) shall be authorized to instruct VCM in all matters. Any delay in delivery of this list shall not relieve VCM of any actual knowledge it may possess of any change in authority of persons authorized to provide instructions to VCM;
(iv) A copy of each Trust’s anti-money laundering program, including any related policies and procedures (“AML Program”);
(v) Each Trust’s most recent Post-Effective Amendment to its Registration Statement under the Securities Act of 1933, as amended (the “1933 Act”), and under the 1940 Act, on Form N-1A as filed with the SEC relating to the Shares and any further amendment thereto;
(vi) Notification of registration of the Trust under the 1940 Act on Form N-8A as filed with the SEC;
(vii) Prospectuses and SAIs of the Trust with respect to the Funds (such prospectuses and SAIs , as presently in effect and as they shall from time to time be amended and supplemented, herein called individually, the “Prospectus” and collectively, the “Prospectuses”); and
(ix) The Trust’s disclosure and control procedures (the “Trust DCPs”).
(b) The Trust shall furnish VCM BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 15(a5(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 Program, the Fund Compliance Program, or the Trust DCPs that which might have the effect of changing the procedures employed by VCM BISYS in providing the Services services agreed to hereunder or that which amendment might affect the duties of VCM hereunder, BISYS hereunder unless the Trust first obtains VCM’s BISYS's approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) VCM BISYS may rely on all documents furnished to it by the Trust and its agents in connection with the Servicesservices 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 15(a5(a), and shall be entitled to indemnification in accordance with Section 9 above 6 below with regard to such reliance.
(d) . The Trust represents and warrants that (Ai) the provision of certain officers of the Trust by VCMBISYS, as provided in Section 17 3 of this Agreement, has been approved by the BoardsBoard, and (Bii) each of the individuals nominated by VCM BISYS as the Trust’s 's AML Compliance Officer Officer, Chief Compliance Officer, or Financial Officer has been approved and appointed as an officer of the Trust by the BoardsBoard.
(e) VCM shall be deemed to have received any document with respect to the Trust that is filed with the SEC and available on XXXXX, unless the Trust files such document without VCM’s knowledge.
Appears in 2 contracts
Samples: Compliance Services Agreement (HSBC Advisor Funds Trust), Compliance Services Agreement (HSBC Investor Funds)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust will furnish to VCM BISYS the following upon request:
(i) A copy of each the Trust's Certificate of Trust Instrument and any amendments thereto;
(ii) A copy of each the Trust’s 's By-laws and any amendments thereto;
(iii) A copy of the resolutions of the Board regarding (A) approval of this Agreement and authorization for the Trust to instruct BISYS hereunder; and (B) authorization of BISYS to act as Co-Administrator for the Trust;
(iv) A certified list of all officers of the Funds, including the Funds’ ' AML Compliance Officer (as defined in section 17(c) of this Agreement)Officer, and any other persons together with specimen signatures of those officers and other persons who (except as otherwise provided herein to the contrary) shall be authorized to instruct VCM BISYS in all matters. Any delay in delivery of this list shall not relieve VCM the Co-Administrator of any actual knowledge it may possess of any change in authority of persons authorized to provide instructions to VCMBISYS.;
(ivv) A copy of each Trust’s anti-money laundering programthe AML Program, including any related policies and procedures (“AML Program”)procedures;
(vvi) Each The Trust’s 's most recent Post-Effective Amendment to its Registration Statement Statement(s) under the Securities Act of 1933, as amended (( the “"1933 Act”"), and under the 1940 Act, on Form N-1A as filed with the SEC Securities and Exchange Commission (the "Commission") relating to the Shares and any further amendment thereto;
(vivii) Notification of registration of the Trust under the 1940 Act on Form N-8A as filed with the SECCommission;
(viiviii) Prospectuses and SAIs Statements of Additional Information of the Trust with respect to the Funds (such prospectuses and SAIs statements of additional information, as presently in effect and as they shall from time to time be amended and supplemented, herein called individually, the “"Prospectus” " and collectively, the “"Prospectuses”"); and
(ix) The Trust’s disclosure and control procedures Trust DCPs (the “Trust DCPs”as hereinafter defined).
(b) The Trust shall furnish VCM BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 15(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 Program, or the Trust DCPs that which might have the effect of changing the procedures employed by VCM BISYS in providing the Services services agreed to hereunder or that which amendment might affect the duties of VCM hereunder, BISYS hereunder unless the Trust first obtains VCM’s BISYS's approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) VCM BISYS may rely on all documents furnished to it by the Trust and its agents in connection with the Servicesservices 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 15(a), and shall be entitled to indemnification in accordance with Section 9 above below with regard to such reliance.
(d) The Trust represents and warrants that (A) the provision of certain officers of the Trust by VCMBISYS, as provided in Section 17 of this Agreement, has been approved by the BoardsBoard, and (B) each of the individuals nominated by VCM BISYS as the Trust’s 's AML Compliance Officer or Financial Officer has been approved and appointed as an officer of the Trust by the BoardsBoard.
(e) VCM BISYS shall be deemed to have received any document with respect to the Trust that is filed with the SEC and available on XXXXXEDGAR, unless the Trust files Trxxx xiles such document without VCM’s BISYS' knowledge.
Appears in 1 contract
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust will has furnished or shall promptly furnish to VCM BISYS copies of the following upon requestfollowing, as amended and current as of the date of this Agreement:
(i) A copy The Fund Compliance Program or the various policies and procedures of each the Trust Instrument and any amendments thereto;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
(ii) A copy of each Trust’s By-laws and any amendments thereto;
(iii) A certified list of all officers of the Funds, including the Funds’ AML Compliance Officer (as defined in section 17(c) of this Agreement), and any other persons together with specimen signatures of those officers and other persons who (except as otherwise provided herein to the contrary) shall be authorized to instruct VCM in all matters. Any delay in delivery of this list shall not relieve VCM of any actual knowledge it may possess of any change in authority of persons authorized to provide instructions to VCM;
(iv) A copy of each Trust’s anti-money laundering program, including any related policies and procedures (“AML Program”);
(v) Each Trust’s most recent Post-Effective Amendment to its Registration Statement under the Securities Act of 1933, as amended (the “1933 Act”), and under the 1940 Act, on Form N-1A as filed with the SEC relating to the Shares and any further amendment thereto;
(vi) Notification of registration of the Trust under the 1940 Act on Form N-8A as filed with the SEC;
(vii) Prospectuses and SAIs of the Trust with respect to the Funds (such prospectuses and SAIs , as presently in effect and as they shall from time to time be amended and supplemented, herein called individually, the “Prospectus” and collectively, the “Prospectuses”); and
(ix) The Trust’s 's disclosure and control procedures (the “"Trust DCPs”").
(b) The Trust shall furnish VCM BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 15(a4(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 Program, or the Fund Compliance Program, or the Trust DCPs that which might have the effect of changing the procedures employed by VCM BISYS in providing the Services services agreed to hereunder or that which amendment might affect the duties of VCM hereunder, BISYS hereunder unless the Trust first obtains VCM’s BISYS's approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) VCM BISYS may rely on all documents furnished to it by the Trust and its agents (other than the BISYS Executive Officers) in connection with the Servicesservices 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 15(a), and shall be entitled 4(a) unless it is clearly unreasonable to indemnification in accordance with Section 9 above with regard to such reliance.
(d) do so. The Trust represents and warrants that (Ai) the provision of certain officers of the Trust by VCMBISYS, as provided in Section 17 2 of this Agreement, has been approved by the BoardsBoard, and (Bii) each of the individuals nominated by VCM BISYS as the Trust’s 's AML Compliance Officer Officer, Chief Compliance Officer, or Financial Officer has been approved and appointed as an officer of the Trust by the BoardsBoard.
(e) VCM shall be deemed to have received any document with respect to the Trust that is filed with the SEC and available on XXXXX, unless the Trust files such document without VCM’s knowledge.
Appears in 1 contract
Samples: Compliance Services Agreement (Pacific Capital Funds)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust will has furnished or shall promptly furnish to VCM the following upon request:
(i) A copy of each Trust Instrument and any amendments thereto;
(ii) A copy of each Trust’s By-laws and any amendments thereto;
(iii) A certified list of all officers BISYS copies of the Fundsfollowing, as amended and current as of the date of this Addendum: 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 Funds’ AML compliance programs of Service Providers other than BISYS, as necessary under Rule 38a-1 for inclusion in the Fund Compliance Officer (as defined Program in section 17(caccordance with Section 1(b) of this Agreement), and any other persons together with specimen signatures of those officers and other persons who (except as otherwise provided herein to the contrary) shall be authorized to instruct VCM in all matters. Any delay in delivery of this list shall not relieve VCM of any actual knowledge it may possess of any change in authority of persons authorized to provide instructions to VCM;
(iv) A copy of each Trust’s anti-money laundering program, including any related policies and procedures (“AML Program”);
(v) Each Trust’s most recent Post-Effective Amendment to its Registration Statement under the Securities Act of 1933, as amended (the “1933 Act”), and under the 1940 Act, on Form N-1A as filed with the SEC relating to the Shares and any further amendment thereto;
(vi) Notification of registration of the Trust under the 1940 Act on Form N-8A as filed with the SEC;
(vii) Prospectuses and SAIs of the Trust with respect to the Funds (such prospectuses and SAIs , as presently in effect and as they shall from time to time be amended and supplemented, herein called individually, the “Prospectus” and collectively, the “Prospectuses”); and
(ix) The Trust’s disclosure and control procedures (the “Trust DCPs”).
(b) The Trust shall furnish VCM BISYS written copies of any amendments to, or changes in, any the Fund Compliance Program or the various policies and procedures of the items referred to in Section 15(a) hereofTrust, 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 Trust DCPs that Fund Compliance Program, which might have the effect of changing the procedures employed by VCM BISYS in providing the Services services agreed to hereunder or that which amendment might affect the duties of VCM hereunder, BISYS hereunder unless the Trust first obtains VCM’s BISYS’ approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) VCM BISYS may rely on all documents furnished to it by the Trust and its agents in connection with the Servicesservices to be provided under this Addendum, including any amendments to or changes in any of the items to be provided by the Trust pursuant to Section 15(a4(a), and shall be entitled to indemnification in accordance with Section 9 above with regard to such reliance.
(d) The Trust represents and warrants , provided that (A) the provision of certain officers of the Trust by VCM, as provided in Section 17 of this Agreement, has been approved by the Boards, and (B) each of the individuals nominated by VCM as the Trust’s AML Compliance Officer or Financial Officer has been approved and appointed as an officer of the Trust by the Boards.
(e) VCM such indemnification shall be deemed to have received any document with respect not apply to the Trust that is filed with extent of actions or omissions of BISYS involving its own bad faith, willful misfeasance, negligence in the SEC performance or reckless disregard by BISYS, of its obligations and available on XXXXX, unless the Trust files such document without VCM’s knowledgeduties under this Addendum .
Appears in 1 contract
Samples: Master Services Agreement (Commonwealth International Series Trust)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust will has furnished or shall promptly furnish to VCM BISYS copies of the following upon requestfollowing, as amended and current as of the date of this Agreement:
(i) A copy The Fund Compliance Program or the various policies and procedures of each the Trust Instrument and any amendments thereto;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
(ii) A copy of each Trust’s ByThe Trust Anti-laws and any amendments thereto;
(iii) A certified list of all officers of the Funds, including the Funds’ AML Compliance Officer (as defined in section 17(c) of this Agreement), and any other persons together with specimen signatures of those officers and other persons who (except as otherwise provided herein to the contrary) shall be authorized to instruct VCM in all matters. Any delay in delivery of this list shall not relieve VCM of any actual knowledge it may possess of any change in authority of persons authorized to provide instructions to VCM;
(iv) A copy of each Trust’s anti-money laundering program, including any related policies and procedures (“AML Program”);
(v) Each Trust’s most recent Post-Effective Amendment to its Registration Statement under the Securities Act of 1933, as amended (the “1933 Act”), and under the 1940 Act, on Form N-1A as filed with the SEC relating to the Shares and any further amendment thereto;
(vi) Notification of registration of the Trust under the 1940 Act on Form N-8A as filed with the SEC;
(vii) Prospectuses and SAIs of the Trust with respect to the Funds (such prospectuses and SAIs , as presently in effect and as they shall from time to time be amended and supplemented, herein called individually, the “Prospectus” and collectively, the “Prospectuses”); and
(ix) The Trust’s disclosure and control procedures (the “Trust DCPs”)Money Laundering Policy.
(b) The Trust shall furnish VCM BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 15(a4(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 Trust DCPs that Fund Compliance Program which might have the effect of changing the procedures employed by VCM BISYS in providing the Services services agreed to hereunder or that which amendment might affect the duties of VCM hereunder, BISYS hereunder unless such changes are required by law or the Trust first obtains VCM’s BISYS's approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) VCM BISYS may rely on all documents furnished to it by the Trust and its agents in connection with the Servicesservices 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 15(a4(a), and shall be entitled to indemnification in accordance with Section 9 above below with regard to such reliance.
(d) . The Trust represents and warrants that (Ai) the provision of certain officers of the Trust by VCMBISYS, as provided in Section 17 2 of this Agreement, has been approved by the BoardsBoard, and (Bii) each of the individuals nominated by VCM BISYS as the Trust’s 's AML Compliance Officer or Financial Chief Compliance Officer has been approved and appointed as an officer of the Trust by the BoardsBoard.
(e) VCM shall be deemed to have received any document with respect to the Trust that is filed with the SEC and available on XXXXX, unless the Trust files such document without VCM’s knowledge.
Appears in 1 contract
Samples: Compliance Services Agreement (Performance Funds Trust)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust will furnish to VCM VICTORY the following upon request:
(i) A copy of each the Trust's Certificate of Trust Instrument and any amendments thereto;
(ii) A copy of each the Trust’s 's By-laws and any amendments thereto;
(iii) A copy of the resolutions of the Board regarding (A) approval of this Agreement and authorization for the Trust to instruct VICTORY hereunder; and (B) authorization of VICTORY to act as Co-administrator for the Trust;
(iv) A certified list of all officers of the Funds, including the Funds’ ' AML Compliance Officer (as defined in section 17(c) of this Agreement)Officer, and any other persons together with specimen signatures of those officers and other persons who (except as otherwise provided herein to the contrary) shall be authorized to instruct VCM VICTORY in all matters. Any delay in delivery of this list shall not relieve VCM the Co-Administrator of any actual knowledge it may possess of any change in authority of persons authorized to provide instructions to VCMVICTORY;
(ivv) A copy of each Trust’s anti-money laundering programthe AML Program, including any related policies and procedures (“AML Program”)procedures;
(vvi) Each The Trust’s 's most recent Post-Effective Amendment to its Registration Statement Statement(s) under the Securities Act of 1933, as amended (the “"1933 Act”"), and under the 1940 Act, on Form N-1A as filed with the SEC Securities and Exchange Commission (the "Commission") relating to the Shares and any further amendment thereto;
(vivii) Notification of registration of the Trust under the 1940 Act on Form N-8A as filed with the SECCommission;
(viiviii) Prospectuses and SAIs Statements of Additional Information of the Trust with respect to the Funds (such prospectuses and SAIs statements of additional information, as presently in effect and as they shall from time to time be amended and supplemented, herein called individually, the “"Prospectus” " and collectively, the “"Prospectuses”"); and
(ix) The Trust’s disclosure and control procedures Trust DCPs (the “Trust DCPs”as hereinafter defined).
(b) The Trust shall furnish VCM VICTORY written copies of any amendments to, or changes in, any of the items referred to in Section 15(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 Program, or the Trust DCPs that which might have the effect of changing the procedures employed by VCM VICTORY in providing the Services services agreed to hereunder or that which amendment might affect the duties of VCM hereunder, VICTORY hereunder unless the Trust first obtains VCM’s VICTORY's approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) VCM VICTORY may rely on all documents furnished to it by the Trust and its agents in connection with the Servicesservices 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 15(a), and shall be entitled to indemnification in accordance with Section 9 above below with regard to such reliance.
(d) The Trust represents and warrants that (A) the provision of certain officers of the Trust by VCMVICTORY, as provided in Section 17 of this Agreement, has been approved by the BoardsBoard, and (B) each of the individuals nominated by VCM VICTORY as the Trust’s 's AML Compliance Officer or Financial Officer has been approved and appointed as an officer of the Trust by the BoardsBoard.
(e) VCM VICTORY shall be deemed to have received any document with respect to the Trust that is filed with the SEC and available on XXXXXEDGAR, unless the Trust files Trxxx xiles such document without VCM’s VICTORY's knowledge.
Appears in 1 contract
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust will furnish to VCM VICTORY the following upon request:
(i) A copy of each the Trust's Certificate of Trust Instrument and any amendments thereto;
(ii) A copy of each the Trust’s 's By-laws and any amendments thereto;
(iii) A copy of the resolutions of the Board regarding (A) approval of this Agreement and authorization for the Trust to instruct VICTORY hereunder; and (B) authorization of VICTORY to act as Co-administrator for the Trust;
(iv) A certified list of all officers of the Funds, including the Funds’ ' AML Compliance Officer (as defined in section 17(c) of this Agreement)Officer, and any other persons together with specimen signatures of those officers and other persons who (except as otherwise provided herein to the contrary) shall be authorized to instruct VCM VICTORY in all matters. Any delay in delivery of this list shall not relieve VCM the Co-Administrator of any actual knowledge it may possess of any change in authority of persons authorized to provide instructions to VCMVICTORY;
(ivv) A copy of each Trust’s anti-money laundering programthe AML Program, including any related policies and procedures (“AML Program”)procedures;
(vvi) Each The Trust’s 's most recent Post-Effective Amendment to its Registration Statement Statement(s) under the Securities Act of 1933, as amended (the “"1933 Act”"), and under the 1940 Act, on Form N-1A as filed with the SEC Securities and Exchange Commission (the "Commission") relating to the Shares and any further amendment thereto;
(vivii) Notification of registration of the Trust under the 1940 Act on Form N-8A as filed with the SECCommission;
(viiviii) Prospectuses and SAIs Statements of Additional Information of the Trust with respect to the Funds (such prospectuses and SAIs statements of additional information, as presently in effect and as they shall from time to time be amended and supplemented, herein called individually, the “"Prospectus” " and collectively, the “"Prospectuses”"); and
(ix) The Trust’s disclosure and control procedures Trust DCPs (the “Trust DCPs”as hereinafter defined).
(b) The Trust shall furnish VCM VICTORY written copies of any amendments to, or changes in, any of the items referred to in Section 15(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 Program, or the Trust DCPs that which might have the effect of changing the procedures employed by VCM VICTORY in providing the Services services agreed to hereunder or that which amendment might affect the duties of VCM hereunder, VICTORY hereunder unless the Trust first obtains VCM’s VICTORY's approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) VCM VICTORY may rely on all documents furnished to it by the Trust and its agents in connection with the Servicesservices 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 15(a), and shall be entitled to indemnification in accordance with Section 9 above below with regard to such reliance.
(d) The Trust represents and warrants that (A) the provision of certain officers of the Trust by VCMVICTORY, as provided in Section 17 of this Agreement, has been approved by the BoardsBoard, and (B) each of the individuals nominated by VCM VICTORY as the Trust’s 's AML Compliance Officer or Financial Officer has been approved and appointed as an officer of the Trust by the BoardsBoard.
(e) VCM VICTORY shall be deemed to have received any document with respect to the Trust that is filed with the SEC and available on XXXXX, unless the Trust files such document without VCM’s VICTORY's knowledge.
Appears in 1 contract
Samples: Co Administration Agreement (Victory Variable Insurance Funds)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust will has furnished or shall promptly furnish to VCM BISYS copies of the following upon requestfollowing, as amended and current as of the date of this Agreement:
(i) A copy The Fund Compliance Program or the various policies and procedures of each the Trust Instrument and any amendments thereto;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
(ii) A copy of each Trust’s By-laws and any amendments thereto;
(iii) A certified list of all officers of the Funds, including the Funds’ AML Compliance Officer (as defined in section 17(c) of this Agreement), and any other persons together with specimen signatures of those officers and other persons who (except as otherwise provided herein to the contrary) shall be authorized to instruct VCM in all matters. Any delay in delivery of this list shall not relieve VCM of any actual knowledge it may possess of any change in authority of persons authorized to provide instructions to VCM;
(iv) A copy of each Trust’s anti-money laundering program, including any related policies and procedures (“AML Program”);
(v) Each Trust’s most recent Post-Effective Amendment to its Registration Statement under the Securities Act of 1933, as amended (the “1933 Act”), and under the 1940 Act, on Form N-1A as filed with the SEC relating to the Shares and any further amendment thereto;
(vi) Notification of registration of the Trust under the 1940 Act on Form N-8A as filed with the SEC;
(vii) Prospectuses and SAIs of the Trust with respect to the Funds (such prospectuses and SAIs , as presently in effect and as they shall from time to time be amended and supplemented, herein called individually, the “Prospectus” and collectively, the “Prospectuses”); and
(ix) The Trust’s disclosure and control procedures (the “Trust DCPs”).
(b) The Trust shall furnish VCM BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 15(a5(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 Program, the Fund Compliance Program, or the Trust DCPs that which might have the effect of changing the procedures employed by VCM BISYS in providing the Services services agreed to hereunder or that which amendment might affect the duties of VCM hereunder, BISYS hereunder unless the Trust first obtains VCM’s BISYSY's approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) VCM BISYS may rely on all documents furnished to it by the Trust and its agents in connection with the Servicesservices 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 15(a5(a), and shall be entitled to indemnification in accordance with Section 9 above 6 below with regard to such reliance.
(d) . The Trust represents and warrants that (Ai) the provision of certain officers of the Trust by VCMBISYS, as provided in Section 17 3 of this Agreement, has been approved by the BoardsBoard, and (Bii) each of the individuals nominated by VCM BISYS as the Trust’s 's AML Compliance Officer Officer, Chief Compliance Officer, or Financial Officer has been approved and appointed as an officer of the Trust by the BoardsBoard.
(e) VCM shall be deemed to have received any document with respect to the Trust that is filed with the SEC and available on XXXXX, unless the Trust files such document without VCM’s knowledge.
Appears in 1 contract
Samples: Compliance Services Agreement (Variable Insurance Funds)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust will furnish to VCM BISYS the following upon request:
(i) A copy of each the Trust's Certificate of Trust Instrument and any amendments thereto;
(ii) A copy of each the Trust’s 's By-laws and any amendments thereto;
(iii) A copy of the resolutions of the Board regarding (A) approval of this Agreement and authorization for the Trust to instruct BISYS hereunder; and (B) authorization of BISYS to act as Co-Administrator for the Trust;
(iv) A certified list of all officers of the Funds, including the Funds’ ' AML Compliance Officer (as defined in section 17(c) of this Agreement)Officer, and any other persons together with specimen signatures of those officers and other persons who (except as otherwise provided herein to the contrary) shall be authorized to instruct VCM BISYS in all matters. Any delay in delivery of this list shall not relieve VCM the Co-Administrator of any actual knowledge it may possess of any change in authority of persons authorized to provide instructions to VCMBISYS.;
(ivv) A copy of each Trust’s anti-money laundering programthe AML Program, including any related policies and procedures (“AML Program”)procedures;
(vvi) Each The Trust’s 's most recent Post-Effective Amendment to its Registration Statement Statement(s) under the Securities Act of 1933, as amended (the “"1933 Act”"), and under the 1940 Act, on Form N-1A as filed with the SEC Securities and Exchange Commission (the "Commission") relating to the Shares and any further amendment thereto;
(vivii) Notification of registration of the Trust under the 1940 Act on Form N-8A as filed with the SECCommission;
(viiviii) Prospectuses and SAIs Statements of Additional Information of the Trust with respect to the Funds (such prospectuses and SAIs statements of additional information, as presently in effect and as they shall from time to time be amended and supplemented, herein called individually, the “"Prospectus” " and collectively, the “"Prospectuses”"); and
(ix) The Trust’s disclosure and control procedures Trust DCPs (the “Trust DCPs”as hereinafter defined).
(b) The Trust shall furnish VCM BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 15(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 Program, or the Trust DCPs that which might have the effect of changing the procedures employed by VCM BISYS in providing the Services services agreed to hereunder or that which amendment might affect the duties of VCM hereunder, BISYS hereunder unless the Trust first obtains VCM’s BISYS's approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) VCM BISYS may rely on all documents furnished to it by the Trust and its agents in connection with the Servicesservices 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 15(a), and shall be entitled to indemnification in accordance with Section 9 above below with regard to such reliance.
(d) The Trust represents and warrants that (A) the provision of certain officers of the Trust by VCMBISYS, as provided in Section 17 of this Agreement, has been approved by the BoardsBoard, and (B) each of the individuals nominated by VCM BISYS as the Trust’s 's AML Compliance Officer or Financial Officer has been approved and appointed as an officer of the Trust by the BoardsBoard.
(e) VCM BISYS shall be deemed to have received any document with respect to the Trust that is filed with the SEC and available on XXXXX, unless the Trust files such document without VCM’s BISYS' knowledge.
Appears in 1 contract
Samples: Co Administration Agreement (Victory Variable Insurance Funds)
INFORMATION TO BE FURNISHED BY THE TRUST. (a) The Trust will furnish to VCM the following upon request:
(i) A copy of each Trust Instrument and any amendments thereto;
(ii) A copy of each Trust’s By-laws and any amendments thereto;
(iii) A certified list of all officers of the Funds, including the Funds’ AML Compliance Officer (as defined in section 17(c) of this Agreement), and any other persons together with specimen signatures of those officers and other persons who (except as otherwise provided herein to the contrary) shall be authorized to instruct VCM in all matters. Any delay in delivery of this list shall not relieve VCM of any actual knowledge it may possess of any change in authority of persons authorized to provide instructions to VCM;
(iv) A copy of each Trust’s anti-money laundering program, including any related policies and procedures (“AML Program”);
(v) Each Trust’s most recent Post-Effective Amendment to its Registration Statement under the Securities Act of 1933, as amended (the “1933 Act”), and under the 1940 Act, on Form N-1A as filed with the SEC relating to the Shares and any further amendment thereto;
(vi) Notification of registration of the Trust under the 1940 Act on Form N-8A as filed with the SEC;
(vii) Prospectuses and SAIs of the Trust with respect to the Funds (such prospectuses and SAIs SAIs, as presently in effect and as they shall from time to time be amended and supplemented, herein called individually, the “Prospectus” and collectively, the “Prospectuses”); and
(ix) The Trust’s disclosure and control procedures (the “Trust DCPs”).
(b) The Trust shall furnish VCM written copies of any amendments to, or changes in, any of the items referred to in Section 15(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 Trust DCPs that might have the effect of changing the procedures employed by VCM in providing the Services or that might affect the duties of VCM hereunder, unless the Trust first obtains VCM’s approval of such amendments or changes, which approval shall not be withheld unreasonably.
(c) VCM may rely on all documents furnished to it by the Trust and its agents in connection with the Services, including any amendments to or changes in any of the items to be provided by the Trust pursuant to Section 15(a), and shall be entitled to indemnification in accordance with Section 9 above with regard to such reliance.
(d) The Trust represents and warrants that (A) the provision of certain officers of the Trust by VCM, as provided in Section 17 of this Agreement, has been approved by the Boards, and (B) each of the individuals nominated by VCM as the Trust’s AML Compliance Officer or Financial Officer has been approved and appointed as an officer of the Trust by the Boards.
(e) VCM shall be deemed to have received any document with respect to the Trust that is filed with the SEC and available on XXXXX, unless the Trust files such document without VCM’s knowledge.
Appears in 1 contract
Samples: Administration and Fund Accounting Agreement (Victory Portfolios)