Obligations of the Trust. This Agreement is executed by and on behalf of the Trust and the obligations of the Trust hereunder are not binding upon any of the trustees, officers or shareholders of the Trust individually but are binding only upon the Trust and with respect to the Funds to which such obligations pertain.
Obligations of the Trust. It is expressly agreed that the obligations of the Trust hereunder shall not be binding upon any of the trustees, shareholders, nominees, officers, agents or employees of the Trust, personally, but bind only the trust property of the Trust. The execution and delivery of this Agreement have been authorized by the trustees of the Trust and signed by an officer of the Trust, acting as such, and neither such authorization by such trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them individually or to impose any liability on any of them personally, but shall bind only the trust property of the Trust.
Obligations of the Trust. The name “Xxxxxxxx Funds Trust” and references to the trustees of Xxxxxxxx Funds Trust refer respectively to the Trust created and the trustees, as trustees but not individually or personally, acting from time to time under a Trust Instrument dated as of September 16, 1992, as amended, which is hereby referred to and a copy of which is on file with the Secretary of the State of Delaware. The obligations of Xxxxxxxx Funds Trust entered into in the name or on behalf thereof by any of the trustees, representatives or agents of the Trust are made not individually, but in such capacities, and are not binding upon any of the trustees, shareholders, or representatives of the Trust personally, but bind only the Trust property, and all persons dealing with any class of shares of the Trust must look solely to the Trust property belonging to such class for the enforcement of any claims against the Trust.
Obligations of the Trust. The Trust agrees to the following provisions as of the date hereof and for as long as this Schedule C is in effect and valid:
i. The Trust shall comply with the requirements of Rule 498 and Applicable Law in connection with the offer and sale of Portfolio shares as specified in this Schedule C.
ii. Any Summary Prospectuses provided by the Trust to the Company and the hosting of such Summary Prospectuses will comply in all material respects with all applicable requirements of Rule 498 and Applicable Law.
iii. The Trust shall specify, in the legend on the cover page or at the beginning of a Portfolio’s Summary Prospectus, as required by Rule 498(b)(1)(v), the specific Web site address for the Portfolio Documents Web Site and toll free number and e-mail address provided by the Trust.
iv. If the Company elects to utilize a Summary Prospectus made available by the Trust, the Trust will provide Company copies of the Summary Prospectuses and any supplements thereto in the same manner as described in the Agreement for the Statutory Prospectuses. Prospectus as used in the Agreement will include both the Summary Prospectuses and Statutory Prospectuses, as the context requires.
v. If at any point the Trust determines that it no longer wishes to utilize the Summary Prospectus delivery option, the Trust must provide the Company with at least sixty (60) days advance written notice of this intent so that the Company can arrange to deliver a Statutory Prospectus in place of a Summary Prospectus. The Trust shall continue to maintain the Portfolio Documents Web Site for a minimum of 180 days.
vi. If at any point the Trust determines that a Portfolio will be liquidated or merged with another variable insurance products fund, the Trust must either provide the Company with at least sixty (60) days advance written notice or must provide prompt notice once the information about the liquidation or merger is made public if that period is less than sixty (60) days so that the Company can arrange to deliver a Statutory Prospectus in place of a Summary Prospectus. The Trust shall continue to maintain the Portfolio Documents Web Site for a minimum of 180 days.
vii. The Trust will provide that the current versions of the Portfolio Documents remain continuously available from the time the Summary Prospectus is sent or given until at least 90 days after the last date that the Portfolio has reason to believe that the Company delivered a security or communications in reliance upon Rule 498...
Obligations of the Trust. All persons dealing with the Trust must look solely to the property of the applicable Portfolio for the enforcement of any claims against the Trust as neither the Board, Officers, agents or shareholders assume any personal liability for obligations entered into on behalf of the Trust.
Obligations of the Trust. Nothing contained in this Supplemental Indenture shall in any way modify or relieve the Trust from its obligations to carry out its covenants contained in the Trust Indenture.
Obligations of the Trust. The Trust will have the following obligations under this Agreement:
a. The Trust shall keep the Servicer continuously and fully informed as to the composition of the Trust's investment portfolio and the nature of all of the Trust's assets and liabilities, and shall cause the investment managers of the Trust's series to cooperate with the Servicer in all matters so as to enable the Servicer to perform the Servicer's functions under this Agreement.
b. The Trust shall furnish the Servicer with any materials or information which the Servicer may reasonably request to enable the Servicer to perform the Servicer's functions under this Agreement.
c. The Trust shall turn over to the Servicer the accounts and records previously maintained by or for the Trust. The Servicer shall be entitled to rely exclusively on the completeness and correctness of the accounts and records turned over to the Servicer by the Trust; provided, that such reliance is made in good faith, and the Trust shall indemnify and hold the Servicer harmless of and from any and all expenses (including, without limitation, attorneys' and accountants' fees), damages, claims, suits, liabilities, actions, demands, and losses whatsoever arising out of or in connection with any error, omission, inaccuracy, or other deficiency of such accounts and records or in connection with the failure of the Trust to provide any portion of such accounts and records or to provide any information to the Servicer necessary or appropriate to perform the Servicer's functions hereunder; and provided, further, that such accounts, records, and other information shall belong to the Trust and be considered confidential, and shall not be disclosed to other than Federal and state regulators without permission from the Trust.
Obligations of the Trust. The names "The Galaxy Fund" and "Trustees of The Galaxy Fund" refer respectively to the Trust created and the Trustees, as trustees but not individually or personally, acting from time to time under a Declaration of Trust dated March 31, 1986 which is hereby referred to and a copy of which is on file at the office of the State Secretary of the Commonwealth of Massachusetts and at the principal office of the Company. The obligations of "The Galaxy Fund" entered into in the name or on behalf thereof by any of the Trustees, representatives or agents are made not individually, but in such capacities, and are not binding upon any of the Trustees, Shareholders, or representatives of the Company personally, but bind only the Trust Property, and all persons dealing with any class of Shares of the Company must look solely to the Trust Property belonging to such class for the enforcement of any claims against the Company.
Obligations of the Trust. The execution and delivery of this Agreement have been authorized by the Trustees of the Trust, and signed by an authorized officer of the Trust, acting as such, and neither such authorization by such Trustees nor such execution and delivery by such officer shall be deemed to have been made by any of them or any shareholder of the Trust individually or to impose any liability on any of them or any shareholder of the Trust personally, but shall bind only the assets and property of the Trust as provided in the Trust’s Declaration of Trust.
Obligations of the Trust. 1. None 2.None
