Portfolios. The Target Portfolio and Acquiring Portfolio covenant and agree to dispose of certain assets prior to the Closing Date, but only if and to the extent necessary, so that at Closing, when the Assets are added to the Acquiring Portfolio’s portfolio, the resulting portfolio will meet the Acquiring Portfolio’s investment objective, policies and restrictions, as set forth in the Acquiring Portfolio’s Prospectus, a copy of which has been delivered to the Target Portfolio. Notwithstanding the foregoing, nothing herein will require the Target Portfolio to dispose of any portion of the Assets if, in the reasonable judgment of the Target Portfolio’s Directors or investment adviser, such disposition would create more than an insignificant risk that the Reorganization would not be treated as a “reorganization” described in Section 368(a) of the Code.
Portfolios. The Adviser voluntarily agrees to waive its advisory fee for each Lifestyle II Portfolio (each a “Fund”) so that the aggregate advisory fee retained by the Adviser with respect to both the Fund and its underlying investments (after payment of subadvisory fees) does not exceed 0.50% of the Fund’s first $7.5 billion of average annual net assets and 0.49% of the Fund’s average annual net assets in excess of $7.5
Portfolios. Transamerica Series Trust – each Portfolio has an Initial Class and a Service Class of Shares except as noted.
Portfolios. The Adviser contractually agrees to reduce its management fee or, if necessary, make payment to each of the following share classes of each of the five Lifestyle II Portfolios in an amount equal to the amount by which the “Expenses” of the share class exceed the percentage of average annual net assets (on an annualized basis) attributable to the class as follows: “Expenses” means all expenses attributable to a class of shares, excluding fund level expenses such as (a) advisory fees, (b) underlying fund expenses (“acquired fund fees”), (c) taxes, (d) brokerage commissions, (e) interest expense, (f) litigation and indemnification expenses and other extraordinary expenses not incurred in the ordinary course of the Portfolio’s business and (g) short dividend expense. The current expense limitation agreement expires on December 31, 2015 unless renewed by mutual agreement of the Portfolio and the Adviser based upon a determination that this is appropriate under the circumstances at that time.
Portfolios. The Trust shall consist of one or more separate and distinct Portfolios, each with an unlimited number of Shares unless otherwise specified by the Trustees. Any fractional Share of a Portfolio shall have proportionately all rights and obligations of a whole share of such Portfolio, including rights with respect to voting, receipt of dividends and distributions and redemptions of Shares as set forth in Section 3.4 hereof.
Portfolios. To establish Portfolios, each such Portfolio to operate as a separate and distinct investment medium and with separately defined investment objectives and policies and distinct investment purposes, and to establish Classes of Shares of any Portfolio or divide the Shares of any Portfolio into Classes;
Portfolios. Under the Declaration of Trust, the Trustee may establish one or more portfolio series (each, a “Portfolio” or “Series”) and has established a Series entitled “Mellon GSL DBT II Collateral Fund”. Each Portfolio is an identified pool of assets and corresponding liabilities. The debts, liabilities, obligations and expenses incurred with respect to a particular Portfolio are enforceable only against the assets of that Portfolio and not against the assets of the Trust generally of the assets of any other Portfolio.
Portfolios. The Xxxxxxxxx Xxxx
Portfolios. If a Fund has more than one Portfolio, then the term ‘Fund’, as used in this Agreement, shall be deemed to refer to each such Portfolio, unless the context otherwise requires, and Wachovia will hold assets of each Portfolio in an account for such Portfolio containing only the assets of such Portfolio, and any obligation or liability of such Portfolio under the terms of this Agreement shall be binding only with respect to such Portfolio, and shall be discharged only out of the assets of such Portfolio. In the event that the Fund establishes one or more portfolios of a Fund in addition to the Portfolios listed on Attachment C, for which it desires Wachovia to render services as custodian under the terms hereof, it shall so notify Wachovia in writing, and if the Custodian agrees in writing to provide these services, the portfolios shall become a Portfolio hereunder.
Portfolios. This Agreement is an agreement entered into between the Bank and the Lender with respect to each Portfolio. With respect to any obligation of the Lender on behalf of any Portfolio arising out of this Agreement, the Bank shall look for payment or satisfaction of such obligation solely to the assets of the Portfolio to which such obligation relates as though the Bank had separately contracted with the Lender by separate written instrument with respect to each Portfolio. Furthermore, unless the context otherwise requires, any reference in this Agreement to any actions to be taken by the Lender shall be deemed to refer to the Lender acting on behalf of one or more of its Portfolios, any reference to the assets of the Lender shall be deemed to refer only to assets of the applicable Portfolio, and any duty or obligation of the Bank hereunder to the Lender shall be deemed to refer to duties and obligations with respect to such individual Portfolios. In the event that the Lender establishes one or more additional Portfolios with respect to which the Lender wishes to employ the Bank to act as securities lending agent hereunder, the Lender shall notify the Bank in writing. Upon written acceptance by the Bank, such Portfolio shall become subject to the provisions of this Agreement to the same extent as the existing Portfolios, except to the extent that such provisions (including those relating to the compensation and expenses payable by the Lender and its Portfolios) may be modified with respect to each additional Portfolio in writing by the Lender and the Bank at the time of the addition of the Portfolio.
