Recapitalization or Readjustment. In case of any recapitalization, readjustment or other change in the capital structure of Fund requiring a change in the form of stock certificates, DST will, upon agreement with Fund as to the charges to apply thereto, issue or register certificates in the new form in exchange for, or in transfer of, the outstanding certificates in the old form, upon receiving: A. Written instructions from an officer of Fund; B. Certified copy of the amendment to the Articles of Incorporation or other document effecting the change; C. Certified copy of the order or consent of each governmental or regulatory authority required by law to the issuance of the stock in the new form, and an opinion of counsel that the order or consent of no other government or regulatory authority is required; D. Specimens of the new certificates in the form approved by the Board of Directors or Trustees of Fund, with a certificate of the Secretary of Fund as to such approval;
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Samples: Agency Agreement (Ing Vp Natural Resources Trust), Agency Agreement (Nicholas Applegate Mutual Funds), Agency Agreement (Ing Senior Income Fund)
Recapitalization or Readjustment. In case of any recapitalization, readjustment or other change in the capital structure of a Series of the Fund requiring a change in the form of the stock certificates, DST will, upon agreement with Fund as Xxxxxx Management will for an additional fee to the charges to apply theretobe agreed upon, issue or register certificates in the new form in exchange for, or in transfer of, the outstanding certificates in the old form, upon receiving:
A. Written instructions from an officer of the Fund;
B. Certified copy of the amendment to the Articles Declaration of Incorporation Trust or other document effecting the change;
C. Certified copy of the order or consent of each governmental or regulatory authority authority, required by law to the issuance of the stock in the new form, and an opinion of outside counsel that the order or consent of no other government or regulatory authority is required;
D. Specimens of the new certificates in the form approved by the Board of Directors or Trustees of the Fund, with a certificate of the Secretary of the Fund as to such approval;.
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