Common use of Notice of Certain Regulatory Matters Clause in Contracts

Notice of Certain Regulatory Matters. At the request of a Customer (which request shall be made by the Customers not more than once annually), and provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and a governmental authority with jurisdiction over XXX Xxxxxx, XXX Xxxxxx will make available to the Customer publicly available information which BNY Mellon makes available to its clients generally regarding a criminal or regulatory investigation of BNY Mellon with respect to a violation by BNY Mellon of federal securities laws, the U.S. Bank Secrecy Act, the USA PATRIOT Act or a failure of BNY Mellon to have sufficient policies or procedures relating to compliance with applicable law (collectively, “Regulatory Matters”). In addition, provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and a governmental authority with jurisdiction over XXX Xxxxxx, XXX Xxxxxx will make available to the Customers publicly available information regarding a Regulatory Matter which would reasonably be expected to have a material adverse impact on BNY Mellon’s performance of services to the Customers under this Agreement as promptly as reasonably practicable under the circumstances. In each case, each Customer acknowledges and agrees that BNY Mellon’s failure to make any such information available to the Customer shall not be deemed to be a breach of this Agreement.

Appears in 10 contracts

Samples: Custody Agreement (Pioneer Series Trust X), Custody Agreement (Pioneer Series Trust Viii), Custody Agreement (Pioneer Series Trust Ii)

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Notice of Certain Regulatory Matters. At the request of a the Customer (which request shall be made by the Customers Customer not more than once annually), and provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and a governmental authority with jurisdiction over XXX XxxxxxBNY Mellon, XXX Xxxxxx BNY Mellon will make available to the Customer publicly available information which BNY Mellon makes available to its clients generally regarding a any criminal or regulatory investigation of BNY Mellon with respect to a violation by BNY Mellon of federal securities laws, the U.S. Bank Secrecy Act, the USA PATRIOT Act or a failure of BNY Mellon to have sufficient policies or procedures relating to compliance with applicable law (collectively, “Regulatory Matters”). In addition, provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and a governmental authority with jurisdiction over XXX XxxxxxBNY Mellon, XXX Xxxxxx BNY Mellon will make available to the Customers Customer publicly available information regarding a any Regulatory Matter which would reasonably be expected to have a material adverse impact on BNY Mellon’s performance of services to the Customers Customer under this Agreement as promptly as reasonably practicable under the circumstancesAgreement. In each case, each the Customer acknowledges and agrees that BNY Mellon’s failure to make any such information available to the Customer shall not be deemed to be a breach of this Agreement.

Appears in 7 contracts

Samples: Custody Agreement (Federated Hermes ETF Trust), Custody Agreement (Federated Hermes ETF Trust), Custody Agreement (Federated Hermes ETF Trust)

Notice of Certain Regulatory Matters. At the request of a Customer (which request shall be made by the Customers not more than once annually), and provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and a governmental authority with jurisdiction over XXX XxxxxxBNY Mellon, XXX Xxxxxx BNY Mellon will make available to the Customer publicly available information which BNY Mellon makes available to its clients generally regarding a criminal or regulatory investigation of BNY Mellon with respect to a violation by BNY Mellon of federal securities laws, the U.S. Bank Secrecy Act, the USA PATRIOT Act or a failure of BNY Mellon to have sufficient policies or procedures relating to compliance with applicable law (collectively, “Regulatory Matters”). In addition, provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and a governmental authority with jurisdiction over XXX XxxxxxBNY Mellon, XXX Xxxxxx BNY Mellon will make available to the Customers publicly available information regarding a Regulatory Matter which would reasonably be expected to have a material adverse impact on BNY Mellon’s performance of services to the Customers under this Agreement as promptly as reasonably practicable under the circumstances. In each case, each Customer acknowledges and agrees that BNY Mellon’s failure to make any such information available to the Customer shall not be deemed to be a breach of this Agreement.

Appears in 3 contracts

Samples: Custody Agreement (Pioneer Fund /Ma/), Custody Agreement (Pioneer Money Market Trust), Custody Agreement (Pioneer Real Estate Shares)

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Notice of Certain Regulatory Matters. At the request of a the Customer (which request shall be made by the Customers Customer not more than once annually), and provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and a governmental authority with jurisdiction over XXX Xxxxxx, XXX Xxxxxx will make available to the Customer publicly available information which BNY Mellon makes available to its clients generally regarding a any criminal or regulatory investigation of BNY Mellon with respect to a violation by BNY Mellon of federal securities laws, the U.S. Bank Secrecy Act, the USA PATRIOT Act or a failure of BNY Mellon to have sufficient policies or procedures relating to compliance with applicable law (collectively, “Regulatory Matters”). In addition, provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and a governmental authority with jurisdiction over XXX Xxxxxx, XXX Xxxxxx will make available to the Customers Customer publicly available information regarding a any Regulatory Matter which would reasonably be expected to have a material adverse impact on BNY Mellon’s performance of services to the Customers Customer under this Agreement as promptly as reasonably practicable under the circumstances. In each case, each the Customer acknowledges and agrees that BNY Mellon’s failure to make any such information available to the Customer shall not be deemed to be a breach of this Agreement.

Appears in 1 contract

Samples: Custody Agreement (Touchstone ETF Trust)

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