Common use of Regulatory Support Services Clause in Contracts

Regulatory Support Services. The Administrator shall perform the following regulatory services for the Fund: · Maintain a calendar for all SEC, CFTC, NFA and NYSE Arca regulatory matters in the form of Exhibit B; provided that the Fund and/or General Partner shall notify the Administrator of additional regulatory matters to be added to such calendar as soon as practicable. · Within a 45 day production cycle, or shorter time period as required by the U.S. Securities and Exchange Commission (the “SEC”) and communicated to the Administrator by the Fund and/or the General Partner, one first fiscal quarter report of the Fund, one second fiscal quarter report of the Fund and one third fiscal quarter report of the Fund, each on Form 10-Q. · Within a 90 day production cycle, or shorter time period as required by the SEC and communicated to the Administrator by the Fund and/or General Partner, one annual report of the Fund on Form 10-K per fiscal year. The preparation of the Form 10-K includes the coordination of all printer and author edits and the review of printer drafts. · Within 90 days after the end of the Fund’s fiscal year, an Annual Report of the Fund in compliance with the requirements of the NFA and CFTC Rule §4.22(c); such preparation includes the coordination of all printer and author edits and the review of printer drafts. The Fund and/or General Partner shall make arrangements for the printing and mailing of the Annual Report. Upon review and approval of each above-mentioned report by the General Partner’s Treasurer and/or Chief Financial Officer (or such person performing such functions), the Administrator shall Edgarize and file, or cause to be Edgarized and filed, such reports with the SEC, CFTC and/or NFA as required, including any applicable executive officer certifications or other exhibits to such reports. The Administrator shall perform the following additional regulatory services for the Fund: · Prepare the materials for and attend one unitholder meeting per calendar year (including preparation of the proxy statement, notice and other solicitation materials and filing such materials with the SEC and taking minutes of the meeting), at the Fund’s request · Coordinate with the Fund’s transfer agent or solicitor in monitoring the unitholder vote solicitation and tabulation for one unitholder meeting per calendar year, at the Fund’s request · Prepare and file, or cause to be filed, the following regulatory notices/forms/reports: o With the SEC, Forms 3, 4 and 5 and Schedules 13D and 13G for the officers and directors of the General Partner and such other persons as requested by the Fund o With the SEC, Current Reports on Form 8-K as circumstances warrant. o With the NYSE Arca, such notices/forms as agreed to among the Fund, the General Partner and the Administrator

Appears in 2 contracts

Samples: Administrative Agency Agreement (United States Short Oil Fund, LP), Administrative Agency Agreement (United States 12 Month Natural Gas Fund, LP)

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Regulatory Support Services. The Administrator shall perform the following regulatory services for the FundFunds: · Maintain a calendar for all U.S. Securities and Exchange Commission (“SEC”), CFTC, NFA and NYSE Arca AMEX regulatory matters in the form of Exhibit BA; provided that the Fund Funds and/or General Partner the Managing Owner shall notify the Administrator of additional regulatory matters to be added to such calendar as soon as practicable. · practicable • Within a 45 day production cycle, or shorter time period as required by the U.S. Securities and Exchange Commission (the “SEC”) SEC and communicated to the Administrator by the Fund and/or Funds or the General PartnerManaging Owner, one first fiscal quarter report of the Fund, one second fiscal quarter report of the Fund and one third fiscal quarter report of the Fund, each Quarterly Report on Form 10-Q. · Q for the Funds for each of the first three fiscal quarters of the Funds. The preparation of each Form 10-Q includes the coordination of all printer and author edits and the review of printer drafts. • Within a 90 day production cycle, or shorter time period as required by the SEC and communicated to the Administrator by the Fund and/or General PartnerFunds or the Managing Owner, one annual report of the Fund Annual Report on Form 10-K for the Funds per fiscal year. The preparation of the Form 10-K includes the coordination of all printer and author edits and the review of printer drafts. · The Funds or the Managing Owner shall make arrangements for the printing and mailing of the Form 10-K. • Within 90 days after the end of the Fund’s Funds’ fiscal year, an one Annual Report of the Fund Funds in compliance with the requirements of the NFA and CFTC Rule §4.22(c); such preparation includes the coordination of all printer and author edits and the review of printer drafts. The Fund and/or General Partner Funds or the Managing Owner shall make arrangements for the printing and mailing of the Annual Report. Upon review and approval of each above-mentioned report by the General PartnerManaging Owner’s Treasurer and/or Chief Financial Officer (or such person performing such functions), the Administrator shall Edgarize and file, or cause caused to be Edgarized and filed, such reports with the SEC, CFTC and/or NFA NFA, as required, including any applicable executive officer certifications or other exhibits to such reports. The Administrator also shall perform the following additional regulatory services for the Fund: · Prepare the materials for and attend one unitholder meeting per calendar year (including preparation of the proxy statement, notice and other solicitation materials and filing such materials with the SEC and taking minutes of the meeting), at the Fund’s request · Coordinate with the Fund’s transfer agent or solicitor in monitoring the unitholder vote solicitation and tabulation for one unitholder meeting per calendar year, at the Fund’s request · Prepare prepare and file, or cause to be filed, the following regulatory notices/forms/reports: o With the SEC, Forms 3, 4 and 5 and Schedules 13D and 13G for the officers and directors of the General Partner Managing Owner and such other persons as requested by the Fund o Funds • With the SEC, Current Reports on Form 8-K as circumstances warrant. o warrant • With the NYSE ArcaAMEX, such notices/forms as agreed to among the FundFunds, the General Partner Managing Owner and the Administrator

Appears in 1 contract

Samples: Administrative Agency Agreement (ProShares Trust II)

Regulatory Support Services. The Administrator shall perform the following regulatory services for the FundFunds: · Maintain a calendar for all U.S. Securities and Exchange Commission (“SEC”), CFTC, NFA and NYSE Arca AMEX regulatory matters in the form of Exhibit BA; provided that the Fund Funds and/or General Partner the Managing Owner shall notify the Administrator of additional regulatory matters to be added to such calendar as soon as practicable. · practicable • Within a 45 day production cycle, or shorter time period as required by the U.S. Securities and Exchange Commission (the “SEC”) SEC and communicated to the Administrator by the Fund and/or Funds or the General PartnerManaging Owner, one first fiscal quarter report of the Fund, one second fiscal quarter report of the Fund and one third fiscal quarter report of the Fund, each Quarterly Report on Form 10-Q. · Q for the Funds for each of the first three fiscal quarters of the Funds. The preparation of each Form 10-Q includes the coordination of all printer and author edits and the review of printer drafts. • Within a 90 day production cycle, or shorter time period as required by the SEC and communicated to the Administrator by the Fund and/or General PartnerFunds or the Managing Owner, one annual report of the Fund Annual Report on Form 10-K for the Funds per fiscal year. The preparation of the Form 10-K includes the coordination of all printer and author edits and the review of printer drafts. · The Funds or the Managing Owner shall make arrangements for the printing and mailing of the Form 10-K. • Within 90 days after the end of the Fund’s Funds’ fiscal year, an one Annual Report of the Fund Funds in compliance with the requirements of the NFA and CFTC Rule §4.22(c); such preparation includes the coordination of all printer and author edits and the review of printer drafts. The Fund and/or General Partner Funds or the Managing Owner shall make arrangements for the printing and mailing of the Annual Report. Upon review and approval of each above-mentioned report by the General PartnerManaging Owner’s Treasurer and/or Chief Financial Officer (or such person performing such functions), the Administrator shall Edgarize and file, or cause caused to be Edgarized and filed, such reports with the SEC, CFTC and/or NFA NFA, as required, including any applicable executive officer certifications or other exhibits to such reports. The Administrator also shall perform the following additional regulatory services for the Fund: · Prepare the materials for and attend one unitholder meeting per calendar year (including preparation of the proxy statement, notice and other solicitation materials and filing such materials with the SEC and taking minutes of the meeting), at the Fund’s request · Coordinate with the Fund’s transfer agent or solicitor in monitoring the unitholder vote solicitation and tabulation for one unitholder meeting per calendar year, at the Fund’s request · Prepare prepare and file, or cause to be filed, the following regulatory notices/forms/reports: o With the SEC, Forms 3, 4 and 5 and Schedules 13D and 13G for the officers and directors of the General Partner Managing Owner and such other persons as requested by the Fund o Funds • With the SEC, Current Reports on Form 8-K as circumstances warrant. o warrant • With the NYSE ArcaAMEX, such notices/forms as agreed to among the FundFunds, the General Partner Managing Owner and the AdministratorAdministrator Transfer Agency Services The Administrator shall perform the following transfer agency services:

Appears in 1 contract

Samples: Administrative Agency Agreement (ProShares Trust II)

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Regulatory Support Services. The Administrator shall perform the following regulatory services for the FundFunds: · Maintain • Prepare, update and maintain a calendar for all SEC, CFTC, NFA and NYSE Arca regulatory matters in the form of Exhibit Bin a form to be agreed upon by the parties from time to time; provided that the Fund Funds and/or General Partner the Sponsor shall notify the Administrator of additional regulatory matters to be added to such calendar as soon as practicable. · practicable • Within a 45 day production cycle, or shorter time period as required by the U.S. Securities and Exchange Commission (the “SEC”) SEC and communicated to the Administrator by the Fund and/or Funds or the General PartnerSponsor, prepare one first fiscal quarter report of the Fund, one second fiscal quarter report of the Fund and one third fiscal quarter report of the Fund, each Quarterly Report on Form 10-Q. · Q for the Funds for each of the first three fiscal quarters of the Funds, or as necessary. The preparation of each Form 10-Q includes the coordination of all printer and author edits, the review of printer drafts and the review of final printer invoices. • Within a 90 day production cycle, or shorter time period as required by the SEC and communicated to the Administrator by the Fund and/or General PartnerFunds or the Sponsor, one annual report of the Fund prepare an Annual Report on Form 10-K per for the Funds fiscal year. The preparation of the Form 10-K includes the coordination of all printer and author edits edits, the review of printer drafts and the review of final printer draftsinvoices. · BBH, in consultation with the Funds or the Sponsor, shall facilitate delivery of the filing to the printer. • Within 90 days after the end of the Fund’s Funds’ fiscal year, an prepare one Annual Report of the Fund Funds in compliance with the requirements of the NFA and CFTC Rule §4.22(c); such preparation includes the coordination of all printer and author edits and edits, the review of printer draftsdrafts and review of final printer invoices. The Fund and/or General Partner BBH, in consultation with the Funds or the Sponsor, shall make arrangements for the printing and mailing of the Annual Report. • Apply for all portfolio Tax I.D. numbers and CUSIP numbers; • At the request of the Fund Sponsor, review materials and reports prepared by Fund auditors, and materials prepared by Fund counsel which are submitted to BBH; • Assist in coordinating seed money and establish control accounts for new funds; • At the request of the Sponsor, assist with the preparation and or review of regulatory filings/notices in consideration of changes to the structure of existing Funds; • At the request of the Sponsor, review any update or amendment to the Funds’ registration statement on Form S-1, prepared by Fund counsel, coordinate the review and filing of such document with the SEC, and review for compliance with applicable rules. • Advise on product development issues. • Proactively communicate and notify the Trust regarding regulatory initiatives and/or rules. • Subject to and in accordance with Section 3.1 of the Agreement, maintain and distribute electronic copies of all Fund agreements • At the request of the Sponsor, assist with the coordination of the requests for information/documentation from the SEC, CFTC, NFA and NYSE Arca. Upon review and approval of each aboveform 10-mentioned report K and 10-Q by the General PartnerSponsor’s Treasurer and/or Chief Principal Financial Officer (or such person performing such functions), the Administrator shall Edgarize and file, or cause caused to be Edgarized and filed, such reports with the SEC, CFTC and/or NFA NFA, as required, including any applicable executive officer certifications or other exhibits to such reports. The Administrator shall perform also provide a file that can be uploaded to the following additional regulatory services for the Fund: · Prepare the materials for and attend one unitholder meeting per calendar year (including preparation of the proxy statement, notice and other solicitation materials and filing such materials with the SEC and taking minutes of the meeting), at the Fund’s request · Coordinate with the Fund’s transfer agent or solicitor in monitoring the unitholder vote solicitation and tabulation for one unitholder meeting per calendar year, at the Fund’s request · Prepare Sponsors Website. The Administrator also shall prepare and file, or cause to be filed, the following regulatory notices/forms/reports: o With the SEC, Forms 3, 4 and 5 and Schedules 13D and 13G for the officers and directors of the General Partner Sponsor and such other persons as requested by the Fund o Funds • With the SEC, Current Reports on Form 8-K as circumstances warrant. o warrant • With the NYSE ArcaNYSE, such notices/forms as agreed to among the Funds, the Sponsor and the Administrator Portfolio Compliance Services BBH will provide compliance services to the Trust and the Sponsor as set forth below. BBH’s provision of compliance services is designed to assist the Trust and the Sponsor but is not intended as an assumption by BBH of the Trust or the Sponsor’s fiduciary duties and legal responsibilities to the Funds or their shareholders. • Provide the Sponsor or the Trust sub-certifications for Xxxxxxxx-Xxxxx attestation with respect to any Form 10-Ks, Form 10-Qs which include any applicable executive officer certifications; and ; Subject to and in accordance with Section 3.1 of the Administrative Agency Agreement, oversee and maintain required books and records for each Fund, as required by all applicable statutes, rules and regulations Portfolio Compliance: • Prepare quarterly reports for the General Partner Fund’s management listing any known material compliance violations that occurred with respect to BBH’s procedures; • Monitor and test each Fund’s compliance with such investment restrictions and other requirements, as may be agreed to among the AdministratorFunds’ Sponsor, BBH and each Fund as necessary to meet industry regulations (e.g., issuer or industry diversification, etc.);

Appears in 1 contract

Samples: Administration and Transfer Agency Services Agreement (ProShares Trust II)

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