Common use of OBLIGATIONS OF PARTICIPANT Clause in Contracts

OBLIGATIONS OF PARTICIPANT. (a) Pursuant to its obligations under the federal securities laws, the Participant agrees to maintain all books and records of all sales of Shares made by or through it and to furnish copies of such records to the Fund, Transfer Agent and/or the Distributor upon their reasonable request. (b) The Participant affirms that it has procedures in place reasonably designed to protect the privacy of non-public personal consumer/customer financial information to the extent required by applicable law, rule, and regulation and that it will maintain such procedures throughout the term of this Agreement. (c) The Participant represents, covenants, and warrants that it will not exercise or attempt to exercise a controlling influence over the management policies of the Fund and has taken affirmative steps so that it will not be an affiliated person of the Fund, a promoter or principal underwriter of the Fund or an affiliated person of such persons due to ownership of Shares, including through its grant of an irrevocable proxy relating to the Shares to the Distributor. (d) The Participant shall provide the Prospectus, proxy materials and annual and other reports of the Fund, or any other information that the Fund is obligated to deliver to its shareholders, to the purchasers of any Shares as required by applicable law.

OBLIGATIONS OF PARTICIPANT. (a) Pursuant to its obligations under the federal securities laws, the The Participant agrees to maintain all books and records of all sales of Fund Shares made by or through it pursuant to its obligations under the federal securities laws and to furnish copies of such records to the FundTrust, Transfer Agent and/or the Distributor upon their reasonable request. (b) The Participant affirms that it has procedures in place reasonably designed to protect the privacy of non-public personal consumer/customer financial information to the extent required by applicable law, rule, rule and regulation and that it will maintain such procedures throughout the term of this AgreementAgreement as long as they are required. (c) The Participant represents, covenants, covenants and warrants that it will not exercise or attempt to exercise a controlling influence over the management policies of the Fund and has taken affirmative steps so that it will not be an affiliated person of the a Fund, a promoter or principal underwriter of the a Fund or an affiliated person of such persons due to ownership of Fund Shares, including through its grant of an irrevocable proxy relating to the Fund Shares to the Distributor. (d) The Participant shall provide the Prospectus, proxy materials and annual and other reports of the Fund, or any other information that the Fund is obligated to deliver to its shareholders, to the purchasers of any Shares as required by applicable law.

OBLIGATIONS OF PARTICIPANT. (a) Pursuant to its obligations under the federal securities laws, the Participant agrees to maintain all books and records of all sales of Shares made by or through it and to furnish copies of such records to the FundTrust, Transfer Agent and/or the Distributor upon their written reasonable requestrequest for regulatory or compliance purposes, to the extent permitted by applicable privacy and consumer protection laws and contractual confidentiality obligations. (b) The Participant affirms that it has procedures in place reasonably designed to protect the privacy of non-public personal consumer/customer financial information to the extent required by applicable law, rule, rule and regulation and that it will maintain such procedures throughout the term of this Agreement. (c) The Participant represents, covenants, represents and warrants that it will not exercise or attempt to exercise a controlling influence over the management policies of the Fund and has taken affirmative steps so that it will not be an affiliated person of the a Fund, a promoter or principal underwriter of the a Fund or an affiliated person of such persons due to ownership of Shares, including through its grant of an irrevocable proxy relating to the Shares to the Distributor. (d) The Participant shall provide the Prospectus, proxy materials and annual and other reports of the Fund, or any other information that the Fund is obligated to deliver to its shareholders, to the purchasers of any Shares as required by applicable law.

OBLIGATIONS OF PARTICIPANT. (a) Pursuant to its obligations under the federal securities laws, the Participant agrees to maintain all books and records of all sales of Shares made by or through it as required by law and to furnish copies of such records to the FundTrust, Transfer Agent/Index Receipt Agent and/or the Distributor upon their reasonable request.This paragraph (a) shall survive the termination of this Agreement. (b) The Participant affirms that it has procedures in place reasonably designed to protect the privacy of non-public personal consumer/customer financial information to the extent required by applicable law, rule, rule and regulation and that it will maintain such procedures throughout the term of this Agreement. (c) The Participant represents, covenants, and warrants that it will not exercise or attempt to exercise a controlling influence over the management policies of the Fund and has taken affirmative steps so that it will not be an affiliated person of the a Fund, a promoter or principal underwriter of the a Fund or an affiliated person of such persons due to ownership of Shares, including through its grant of an irrevocable proxy relating to the Shares to the Distributor. (d) The Participant shall provide the Prospectus, proxy materials and annual and other reports of the Fund, or any other information that the Fund is obligated to deliver to its shareholders, to the purchasers of any Shares as required by applicable law.