INSTRUCTIONS CONSISTENT WITH DECLARATION OF TRUST, ETC. a. Unless otherwise provided in this Agreement, Roxxxx Xquare shall act only upon Oral or Written Instructions. Roxxxx Xquare, in its capacity under this Agreement, may assume that any Oral or Written Instructions received hereunder are not in any way inconsistent with any provisions of this Agreement, the Trust's Declaration of Trust or By-Laws, or any vote, resolution or proceeding of the Trust's shareholders, or of the Trust's Board of Trustees, or of any committee thereof. b. Rodney Square shall be entitled to rely upon any Oral Instructions and any Written Instructions actually received by Roxxxx Xquare pursuant to this Agreement. The Trust agrees to forward to Roxxxx Xquare Written Instructions confirming Oral Instructions in such manner that the Written Instructions are received by Roxxxx Xquare by the close of business of the same day that such Oral Instructions are given to Roxxxx Xquare. The Trust agrees that the fact that confirming Written Instructions are not received by Roxxxx Xquare shall in no way affect the validity or enforceability of the transactions authorized by Oral Instructions. The Trust agrees that Roxxxx Xquare shall incur no liability to the Trust in acting upon Oral Instructions, provided such instructions reasonably appear to have been received from an Authorized Person.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Kiewit Investment Trust)
INSTRUCTIONS CONSISTENT WITH DECLARATION OF TRUST, ETC. a. (a) Unless otherwise provided in this Agreement, Roxxxx Xquare the Transfer Agent shall act only upon Oral or Written Instructions. Roxxxx XquareAlthough the Transfer Agent may know of the provisions of the Declaration of Trust and By-Laws of the Fund, in its capacity under this Agreement, the Transfer Agent may assume that any Oral or Written Instructions received hereunder are not in any way inconsistent with any provisions of this Agreement, the Trust's such Declaration of Trust or By-Laws, Laws or any vote, resolution or proceeding of the TrustFund's shareholders, or of the Trust's Board of Trustees, or of any committee thereof.
b. Rodney Square (b) The Transfer Agent shall be entitled to rely upon any Oral Instructions and any Written Instructions actually received by Roxxxx Xquare the Transfer Agent pursuant to this Agreement. The Trust Fund agrees to forward to Roxxxx Xquare the Transfer Agent Written Instructions confirming Oral Instructions in such manner that the Written Instructions are received by Roxxxx Xquare the Transfer Agent by the close of business of the same day that such Oral Instructions are given to Roxxxx Xquarethe Transfer Agent. The Trust Fund agrees that the fact that such confirming Written Instructions are not received by Roxxxx Xquare the Transfer Agent shall in no way affect the validity of the transactions or enforceability of the transactions authorized by the Fund by giving Oral Instructions. The Trust Fund agrees that Roxxxx Xquare the Transfer Agent shall incur no liability to the Trust Fund in acting upon Oral InstructionsInstructions given to the Transfer Agent hereunder concerning such transactions, provided such instructions reasonably appear to have been received from an Authorized PersonPerson and provided further, if such Oral or Written Instructions were received from an Affiliate, that such Affiliate has acted without negligence (unless such Affiliate has received and transmitted erroneous instructions received from an Authorized Person that is not an Affiliate).
(c) In the case of any action by the Fund requiring a change in the form of Share certificates, the Transfer Agent will, at the Fund's expense, issue Share certificates in the new form in exchange for, or upon transfer of, outstanding Share certificates in the old form, upon receiving:
(i) A Certificate authorizing the issuance of Share certificates in the new form;
(ii) A certified copy of any amendment to the Declaration of Trust with respect to the change;
(iii) Specimen Share certificates for each Series of Shares in the new form approved by the Board of Trustees of the Fund, with a Certificate signed by the Secretary of the Fund as to such approval; and
(iv) An opinion of counsel for the Fund with respect to the validity of the Shares in the new form and the status of such Shares under the Securities Act of 1933, as amended (the "1933 Act"), the 1940 Act and any other applicable federal law or regulation (i.e., if subject to registration, that the Shares have been registered and that the Registration Statement has become effective or, if exempt, the specific grounds therefor).
Appears in 1 contract
Samples: Transfer Agency Agreement (Dfa Investment Trust Co)
INSTRUCTIONS CONSISTENT WITH DECLARATION OF TRUST, ETC. a. Unless otherwise provided in this Agreement(a) UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, Roxxxx Xquare shall act only upon Oral or Written InstructionsRSMC SHALL ACT ONLY UPON ORAL OR WRITTEN INSTRUCTIONS. Roxxxx XquareAlthough RSMC may know of the provisions of the Declaration of Trust and Bylaws of the Trust, in its capacity under this Agreement, RSMC may assume that any Oral or Written Instructions received hereunder are not in any way inconsistent with any provisions of this Agreement, the Trust's such Declaration of Trust or By-Laws, Bylaws or any vote, resolution or proceeding of the Trust's shareholders, or of the Trust's Board of Trustees, or of any committee thereof.
b. Rodney Square shall be entitled to rely upon any Oral Instructions and any Written Instructions actually received by Roxxxx Xquare pursuant to this Agreement(b) RSMC SHALL BE ENTITLED TO RELY UPON ANY ORAL INSTRUCTIONS AND ANY WRITTEN INSTRUCTIONS ACTUALLY RECEIVED BY RSMC PURSUANT TO THIS AGREEMENT. The Trust agrees to forward to Roxxxx Xquare RSMC Written Instructions confirming Oral Instructions in such manner that the Written Instructions are received by Roxxxx Xquare RSMC by the close of business of the same day that such Oral Instructions are given to Roxxxx XquareRSMC. The Trust agrees that the fact that such confirming Written Instructions are not received by Roxxxx Xquare RSMC shall in no way affect the validity of the transactions or enforceability of the transactions authorized by such Oral Instructions. The Trust agrees that Roxxxx Xquare RSMC shall incur no liability to the Trust in acting upon Oral InstructionsInstructions given to RSMC hereunder concerning such transaction, provided such instructions reasonably appear to have been received from an Authorized Person.
Appears in 1 contract
INSTRUCTIONS CONSISTENT WITH DECLARATION OF TRUST, ETC. a. Unless otherwise provided in this Agreement, Roxxxx Xquare shall act only upon Oral or and Written Instructions. ("Oral Instructions", as used in this Agreement, means oral instructions actually received by Roxxxx XquareXquare from an Authorized Person or from a person reasonably believed by Roxxxx Square to be an Authorized Person. "Written Instructions", as used in this Agreement, means written instructions on behalf of the Trust signed by two Authorized Persons, delivered by hand, mail, telegram, cable, telex or facsimile, and received by Roxxxx Square. "Authorized Person", as used in this Agreement, means any officer of the Trust and any other person, whether or not any such person is an officer of the Trust, duly authorized by the Trustees of the Trust to give Oral and Written Instructions on behalf of the Series(s) and certified by the Secretary or an Assistant Secretary of the Trust or any amendment thereto as may be received by Roxxxx Xquare from time to time. Roxxxx Xquare in its capacity under this Agreement, Agreement may assume that any Oral or Written Instructions received hereunder are not in any way inconsistent with any provisions of this Agreement, the Trust's Declaration of Trust or By-LawsBylaws, or with any vote, resolution or proceeding of the Trust's shareholders, or of the Trust's Board of Trustees, or of any committee thereof.
. b. Rodney Square shall be entitled to rely upon any Oral Instructions and any Written Instructions actually received by Roxxxx Xquare pursuant to this Agreement. The Trust agrees to forward to Roxxxx Xquare Written Instructions confirming Oral Instructions in such manner that the Written Instructions are received by Roxxxx Xquare by the close of business of the same day that such Oral Instructions are given to Roxxxx Xquare. The Trust agrees that the fact that confirming Written Instructions are not received by Roxxxx Xquare shall in no way affect the validity or enforceability of the transactions authorized by Oral Instructions. The Trust agrees that Roxxxx Xquare shall incur no liability to the Trust in acting upon Oral Instructions, provided that such instructions reasonably appear to have been received by Roxxxx Xquare from an Authorized Person. 4.
Appears in 1 contract
Samples: Agreement and Declaration of Trust (Kiewit Investment Trust)