PROVISION OF CERTAIN INFORMATION a. The Subadviser will promptly notify the Adviser in writing of the occurrence of any of the following events:
i. the Subadviser fails to be registered as an investment adviser under the Investment Advisers Act or under the laws of any jurisdiction in which the Subadviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement;
ii. the Subadviser is served or otherwise receives notice of any action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, involving the affairs of the Trust; and
iii. any change in actual control or management of the Subadviser or the portfolio manager responsible for coordinating the day-to-day management of the Fund.
b. The Adviser shall furnish to the Subadviser copies of the following documents:
i. the resolutions of the Trust’s Board approving the engagement of the Subadviser as a subadviser to the Fund and approving the form of this Agreement;
ii. current copies of the registration statement, Prospectus and Statement of Additional Information of the Trust relating to the Fund;
iii. resolutions, policies and procedures adopted by the Trust’s Board in respect of the management or operation of the Portfolio; and
iv. a list of affiliated brokers and underwriters and other affiliates for compliance with applicable provisions of the Investment Company Act. The Adviser shall furnish the Subadviser from time to time with copies of all amendments of or supplements to the foregoing, if any.
PROVISION OF CERTAIN INFORMATION a. The Subadviser will promptly notify the Adviser in writing of the occurrence of any of the following events:
i. the Subadviser fails to be registered as an investment adviser under the Investment Advisers Act or under the laws of any jurisdiction in which the Subadviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement;
ii. the Subadviser is served or otherwise receives notice of any action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, involving the affairs of the Trust; and
iii. any change in actual control or management of the Subadviser or the portfolio manager responsible for coordinating the day-to-day management of any Portfolio.
b. The Adviser shall furnish to the Subadviser copies of the following documents:
i. the resolutions of the Trust’s Board approving the engagement of the Subadviser as a subadviser to the Portfolio and approving the form of this Agreement;
ii. current copies of the registration statement, Prospectus and Statement of Additional Information of the Trust relating to the Portfolio;
iii. resolutions, policies and procedures adopted by the Trust’s Board in respect of the management or operation of the Portfolio; and
iv. a list of affiliated brokers and underwriters and other affiliates for compliance with applicable provisions of the Investment Company Act. The Adviser shall furnish the Subadviser from time to time with copies, properly certified or otherwise authenticated, of all amendments of or supplements to the foregoing, if any. Such amendments or supplements to the items above shall be provided: (1) with respect to any material change that affects the management of the Portfolios’ assets, within sixty (60) days for items (i) and (ii) above and thirty (30) days for items (iii) and (iv) above in advance of the effectiveness of such amendment or supplement, and (2) with respect to any other changes, within a reasonable period of time such materials become available to the Adviser. Until so provided, the Subadviser may continue to rely on those documents previously provided.
PROVISION OF CERTAIN INFORMATION. The Subadviser will promptly notify the Adviser in writing of the occurrence of any of the following events:
a. the Subadviser fails to be registered as an investment adviser under the Investment Advisers Act or under the laws of any jurisdiction in which the Subadviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement;
b. the Subadviser is served or otherwise receives notice of any action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, involving the affairs of the Trust; and
c. any change in actual control or management of the Subadviser or the portfolio manager of any Portfolio. The Adviser will promptly notify the Subadviser in writing of the occurrence of any of the following events:
a. the Adviser fails to be registered as an investment adviser under the Investment Advisers Act or under the laws of any jurisdiction in which the Adviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement;
b. the Adviser is served or otherwise receives notice of any action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, relating to the Subadviser's management of the Portfolios; and
c. any change in actual control or management of the Adviser which results in the termination of the advisory agreement between the Trust and the Adviser.
PROVISION OF CERTAIN INFORMATION. The Majority Shareholders agree to cause Andina to provide the KO Shareholders with the following:
(a) such information and calculations as to permit each of them to meet its planning, accounting, tax and regulatory requirements (including the U.S. Foreign Corrupt Practices Act, if applicable, and any similar Chilean laws), and shall conduct its affairs in such manner as to permit each of them to comply with such laws, it being understood that, except to the extent required to comply with such laws, Andina will not be required to change its existing accounting practices;
(b) monthly unaudited USD an CLP consolidated and by operation financial statements (including net revenues, cost of goods sold, operational expenses, operating income, cash operating profit, other non-operational expenses and income, net income and unit cases) prepared in accordance with Chilean international financial reporting standards (“IFRS”), consistently applied, and reconciled to U.S. generally accepted accounting principles, as soon as practicable but not later than 30 days after the end of each quarter;
(c) monthly physical and unit case sales each categorized into KO and non-KO brands as soon as practicable but not later than 30 days after the end of each quarter;
(d) annual USD and CLP audited consolidated and by operation financial statements prepared in accordance with IFRS, consistently applied, and reconciled to U.S. generally accepted accounting principles, as soon as practicable but not later than 50 days after the end of each fiscal year;
(e) for Andina and each of its subsidiaries, annual CLP audited financial statements prepared in accordance with IFRS, consistently applied, and reconciled to U.S. generally accepted accounting principles, as soon as practicable but not later than 50 days after the end of each fiscal year;
(f) copies of the annual tax returns as filed for Andina and each of its subsidiaries as soon as practicable but not later than 120 days after the end of each fiscal year;
(g) USD and CLP budget (including net revenues, cost of goods sold, operational expenses, operating income, cash operating profit, other non-operational expenses and income, net income and unit cases) on a consolidated and by operation basis by month for the next fiscal year prepared in accordance with IFRS, consistently applied, and reconciled to U.S. generally accepted accounting principles, on a preliminary basis in October of each year and finalized in December of each year;
(h...
PROVISION OF CERTAIN INFORMATION. The Subadviser will promptly notify the Adviser in writing of the occurrence of any of the following events:
i. the Subadviser fails to be registered as an investment adviser under the Investment Advisers Act or under the laws of any jurisdiction in which the Subadviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement;
ii. the Subadviser is served or otherwise receives notice of any action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, involving the affairs of the Trust; and
iii. any change in actual control or management of the Subadviser or the portfolio manager responsible for coordinating the day-to-day management of any Portfolio.
PROVISION OF CERTAIN INFORMATION. The College, upon reasonable and timely request by an authorized representative of the Federation, shall provide available public information and other information required by law for the purpose of assisting in the administration of grievances arising under this agreement.
PROVISION OF CERTAIN INFORMATION. The Company shall, and shall procure that each Subsidiary shall, provide all information with respect to the Company and its Subsidiaries which is reasonably requested by a Shareholder to enable such Shareholder (or its direct or indirect owners) to comply with their U.S. federal income tax reporting obligations, including rules relating to “controlled foreign corporations” and “passive foreign investment companies” (“PFIC”). Such assistance shall include providing reasonably requested information to enable Shareholders (or their direct or indirect owners) to comply with their obligations under Sections 1248, 6038, 6038B, 6038D, 6046 of the Code, including information relating to earnings and profits as computed for U.S. federal income tax purposes. The Company shall determine annually if it or any of its Subsidiaries is a PFIC or would be a PFIC were such entity a corporation for U.S. federal income tax purposes. If the Company determines that any such corporation is a PFIC or would be a PFIC were it a corporation for U.S. federal income tax purposes, or if any Shareholder (or its direct or indirect owners) makes a “Qualified Electing Fund” election (including a protective election) with respect to its interest in such corporation pursuant to Section 1295 of the Code, the Company shall cause to be furnished to such Shareholder no later than 90 days following the end of the Company’s taxable year the relevant PFIC annual information statement pursuant to U.S. Treasury Regulation Section 1.1295-1(g).
PROVISION OF CERTAIN INFORMATION. The Majority Shareholders agree to cause Andina to provide KO, TCCC Argentina, Interamerican and SPC with the following: (a) such information and calculations as to permit each of them to meet its planning, accounting, tax and regulatory requirements (including the U.S. Foreign Corrupt Practices Act, if applicable, and any similar Chilean laws), and shall conduct its affairs in such manner as to permit each of them to comply with such laws, it being understood that, except to the extent required to comply with such laws, Andina will not be required to change its existing accounting practices;
PROVISION OF CERTAIN INFORMATION. To the extent required, each of the Parties shall make available, and shall cause its respective Affiliates to make available, to each other on a reasonable basis, any and all information within its control necessary to investigate, defend against, or otherwise oppose any pending or threatened Claim against any Party or any of such Party’s Affiliates, as the case may be, in connection with the Assets.
PROVISION OF CERTAIN INFORMATION. By [INSERT DATE], Friends Group shall annually provide NPS (i) a copy of its IRS Form 990 and any amendments thereto and (ii) an annual report of aid (Nonprofit Organization Annual Report of Operations and Aid to Federal Land Management Agency(ies) and a short narrative as described at: xxxx://xxx.xxx.xxx/interp/coop_assn/resources.htm in the section titled “20XX Call for Submissions.”
