Common use of Proxies; Class Actions Clause in Contracts

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

Appears in 26 contracts

Samples: Subadvisory Agreement (Mainstay Vp Funds Trust), Subadvisory Agreement (Mainstay Funds), Interim Subadvisory Agreement (Mainstay Vp Funds Trust)

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Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the TrustCompany. Absent contrary instructions received in writing from the TrustCompany, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the TrustCompany, and these records shall be available to the Trust Company upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

Appears in 13 contracts

Samples: Subadvisory Agreement (Mainstay Vp Funds Trust), Interim Subadvisory Agreement (Mainstay Vp Series Fund Inc), Subadvisory Agreement (Eclipse Funds Inc.)

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the TrustRegistrants. Absent contrary instructions received in writing from the Trusta Registrant, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trusteach Registrant, and these records shall be available to the Trust each Registrant upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

Appears in 12 contracts

Samples: Subadvisory Agreement (Mainstay Vp Funds Trust), Subadvisory Agreement (Mainstay Funds), Subadvisory Agreement (Mainstay Vp Funds Trust)

Proxies; Class Actions. (a) The Manager Advisor has provided the Subadvisor a copy of the ManagerAdvisor’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request. (b) Manager Advisor acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager Advisor will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager Advisor any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

Appears in 8 contracts

Samples: Investment Subadvisory Agreement (New York Life Investments Active ETF Trust), Investment Subadvisory Agreement (New York Life Investments Active ETF Trust), Subadvisory Agreement (IndexIQ Active ETF Trust)

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series Portfolios in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or SeriesPortfolios. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or SeriesPortfolios.

Appears in 6 contracts

Samples: Subadvisory Agreement (Mainstay Vp Funds Trust), Subadvisory Agreement (Mainstay Vp Funds Trust), Subadvisory Agreement (Mainstay Vp Series Fund Inc)

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s 's Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

Appears in 6 contracts

Samples: Subadvisory Agreement (Eclipse Funds), Subadvisory Agreement (Mainstay Funds), Subadvisory Agreement (Mainstay Funds)

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the TrustRegistrants. Absent contrary instructions received in writing from the Trusta Registrant, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trusteach Registrant, and these records shall be available to the Trust each Registrant upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

Appears in 6 contracts

Samples: Subadvisory Agreement (Mainstay Vp Funds Trust), Subadvisory Agreement (Mainstay Funds Trust), Subadvisory Agreement (Mainstay Funds)

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the TrustRegistrants. Absent contrary instructions received in writing from the Trusta Registrant, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trusteach Registrant, and these records shall be available to the Trust Each Registrant upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

Appears in 5 contracts

Samples: Subadvisory Agreement (Mainstay Funds), Subadvisory Agreement (Mainstay Funds Trust), Subadvisory Agreement (Mainstay Vp Funds Trust)

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the TrustFund. Absent contrary instructions received in writing from the TrustFund, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series Fund in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the TrustFund, and these records shall be available to the Trust Fund upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or SeriesFund. The Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or SeriesFund.

Appears in 5 contracts

Samples: Subadvisory Agreement (NYLI MacKay DefinedTerm Muni Opportunities Fund), Subadvisory Agreement (MainStay MacKay Municipal Income Opportunities Fund), Subadvisory Agreement (MainStay CBRE Global Infrastructure Megatrends Fund)

Proxies; Class Actions. (a) The Manager delegates proxy voting authority to the Subadvisor. The Subadvisor has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy adopted proxy voting policies and procedures designed to ensure that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series are reviewed on a case-by-case basis and voted in accordance with applicable fiduciary obligationsthe best interests of the Series without regard to the interests of the Subadvisor. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the TrustSeries, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

Appears in 4 contracts

Samples: Subadvisory Agreement (Mainstay Funds Trust), Management Agreement (Mainstay Funds Trust), Management Agreement (Mainstay Funds)

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series Portfolio in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or SeriesPortfolio. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or SeriesPortfolio.

Appears in 4 contracts

Samples: Subadvisory Agreement (Mainstay Vp Funds Trust), Subadvisory Agreement (Mainstay Vp Funds Trust), Subadvisory Agreement (Mainstay Vp Funds Trust)

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the ManagerTrust’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series Fund in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or SeriesFund. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or SeriesFund.

Appears in 3 contracts

Samples: Subadvisory Agreement (Clearwater Investment Trust), Subadvisory Agreement (Clearwater Investment Trust), Subadvisory Agreement (Clearwater Investment Trust)

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Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the TrustCompany. Absent contrary instructions received in writing from the TrustCompany, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series Portfolios in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the TrustCompany, and these records shall be available to the Trust Company upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or SeriesPortfolios. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or SeriesPortfolios.

Appears in 2 contracts

Samples: Subadvisory Agreement (Mainstay Vp Series Fund Inc), Subadvisory Agreement (Mainstay Vp Series Fund Inc)

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series’ portfolio. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series’ portfolio.

Appears in 2 contracts

Samples: Subadvisory Agreement (Mainstay Funds Trust), Subadvisory Agreement (Mainstay Funds Trust)

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the TrustCompany. Absent contrary instructions received in writing from the TrustCompany, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series Portfolio in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the TrustCompany, and these records shall be available to the Trust Company upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or SeriesPortfolios. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or SeriesPortfolios.

Appears in 2 contracts

Samples: Subadvisory Agreement (Mainstay Vp Series Fund Inc), Management Agreement (Mainstay Vp Series Fund Inc)

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the TrustRegistrants. Absent contrary instructions received in writing from the Trusta Registrant, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the TrustRegistrant, and these records shall be available to the Trust Registrant upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

Appears in 2 contracts

Samples: Subadvisory Agreement (Mainstay Funds), Subadvisory Agreement (Mainstay Funds)

Proxies; Class Actions. (a) The Manager Subadvisor has provided the Subadvisor Manager a copy of the ManagerSubadvisor’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the TrustTrust or the Manager, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with such Proxy Voting Policy, applicable law and applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to the Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

Appears in 2 contracts

Samples: Subadvisory Agreement (Mainstay Funds Trust), Subadvisory Agreement (Mainstay Funds Trust)

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series Fund in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or SeriesFund. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or SeriesFund.

Appears in 2 contracts

Samples: Subadvisory Agreement (Clearwater Investment Trust), Subadvisory Agreement (Clearwater Investment Trust)

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the TrustRegistrant. Absent contrary instructions received in writing from the TrustRegistrant, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

Appears in 1 contract

Samples: Subadvisory Agreement (Mainstay Vp Funds Trust)

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