Requirement For Written Consent or Written Release. No failure to act, no omission, no failure to respond, object or deny consent, and no other instance of an absence of action or communication (collectively, “Forbearance”) shall be construed as a consent or waiver (implied, constructive, deemed or otherwise) under this Schedule C. Any conduct (as defined in the Main Agreement) not expressly permitted by this Schedule C, notwithstanding any number of occurrences of the conduct, any number of requests to engage in the conduct, any failures of BNYM to discover the conduct and any number of related Forbearances, shall be prohibited in the absence of a written consent to the conduct or a written waiver of a relevant prohibition or restriction.
Appears in 17 contracts
Samples: Transfer Agency and Unitholder Services Agreement (Afl Cio Housing Investment Trust), Transfer Agency and Shareholder Services Agreement (Lord Abbett Investment Trust), Transfer Agency and Shareholder Services Agreement (Lord Abbett Research Fund Inc)
Requirement For Written Consent or Written Release. No failure to act, no omission, no failure to respond, object or deny consent, and no other instance of an absence of action or communication (collectively, “"Forbearance”") shall be construed as a consent or waiver (implied, constructive, deemed or otherwise) under this Schedule C. Appendix B. Any conduct (as defined in the Main Agreement) not expressly permitted by this Schedule CAppendix B, notwithstanding any number of occurrences of the conduct, any number of requests to engage in the conduct, any failures of BNYM to discover the conduct and any number of related Forbearances, shall be prohibited in the absence of a written consent to the conduct or a written waiver of a relevant prohibition or restriction.
Appears in 13 contracts
Samples: Transfer Agency Services Agreement (Voya Separate Portfolios Trust), Transfer Agency Services Agreement (Voya PARTNERS INC), Transfer Agency Services Agreement (Voya VARIABLE PORTFOLIOS INC)
Requirement For Written Consent or Written Release. No failure to act, no omission, no failure to respond, object or deny consent, and no other instance of an absence of action or communication (collectively, “"Forbearance”") shall be construed as a consent or waiver (implied, constructive, deemed or otherwise) under this Schedule C. Any conduct (as defined in the Main Agreement) not expressly permitted by this Schedule C, notwithstanding any number of occurrences of the conduct, any number of requests to engage in the conduct, any failures of BNYM to discover the conduct and any number of related Forbearances, shall be prohibited in the absence of a written consent to the conduct or a written waiver of a relevant prohibition or restriction.
Appears in 13 contracts
Samples: Transfer Agency and Shareholder Services Agreement (Laudus Trust), Transfer Agency and Shareholder Services Agreement (Touchstone Strategic Trust), Transfer Agency and Shareholder Services Agreement (Schwab Capital Trust)
Requirement For Written Consent or Written Release. No failure to act, no omission, no failure to respond, object or deny consent, and no other instance of an absence of action or communication (collectively, “Forbearance”) shall be construed as a consent or waiver (implied, constructive, deemed or otherwise) under this Schedule C. Any conduct (as defined in the Main Agreement) not expressly permitted by this Schedule C, notwithstanding any number of occurrences of the conduct, any number of requests to engage in the conduct, any failures of BNYM to discover the conduct and any number of related Forbearances, shall be prohibited in the absence of a written consent to the conduct or a written waiver of a relevant prohibition or restriction.. Confidential And Proprietary Execution Version
Appears in 5 contracts
Samples: Transfer Agency and Shareholder Services Agreement (AMG Funds II), Transfer Agency and Shareholder Services Agreement (AMG Funds IV), Transfer Agency and Shareholder Services Agreement (AMG Funds I)
Requirement For Written Consent or Written Release. No failure to act, no omission, no failure to respond, object or deny consent, and no other instance of an absence of action or communication (collectively, “Forbearance”) shall be construed as a consent or waiver (implied, constructive, deemed or otherwise) under this Schedule C. B. Any conduct (as defined in the Main Agreement) not expressly permitted by this Schedule CB, notwithstanding any number of occurrences of the conduct, any number of requests to engage in the conduct, any failures of BNYM to discover the conduct and any number of related Forbearances, shall be prohibited in the absence of a written consent to the conduct or a written waiver of a relevant prohibition or restriction.
Appears in 2 contracts
Samples: Transfer Agency and Shareholder Services Agreement (Versus Capital Infrastructure Income Fund), Transfer Agency and Shareholder Services Agreement (KKR Asset-Based Income Fund)
Requirement For Written Consent or Written Release. No failure to act, no omission, no failure to respond, object or deny consent, and no other instance of an absence of action or communication (collectively, “"Forbearance”") shall be construed as a consent or waiver (implied, constructive, deemed or otherwise) under this Schedule C. B. Any conduct (as defined in the Main Agreement) not expressly permitted by this Schedule CB, notwithstanding any number of occurrences of the conduct, any number of requests to engage in the conduct, any failures of BNYM to discover the conduct and any number of related Forbearances, shall be prohibited in the absence of a written consent to the conduct or a written waiver of a relevant prohibition or restriction.
Appears in 2 contracts
Samples: Transfer Agency and Shareholder Services Agreement (Polen Credit Opportunities Fund), Transfer Agency and Shareholder Services Agreement (Ark Venture Fund)
Requirement For Written Consent or Written Release. No failure to act, no omission, no failure to respond, object or deny consent, and no other instance of an absence of action or communication (collectively, “"Forbearance”") shall be construed as a consent or waiver (implied, constructive, deemed or otherwise) under this Schedule C. Any conduct (as defined in the Main Agreement) not expressly permitted by this Schedule C, notwithstanding any number of occurrences of the conduct, any number of requests to engage in the conduct, any failures of BNYM to discover the conduct and any number of related Forbearances, shall be prohibited in the absence of a written consent to the conduct or a written waiver of a relevant prohibition or restriction.. Confidential And Proprietary Execution Version
Appears in 1 contract
Samples: Transfer Agency and Shareholder Services Agreement (Third Avenue Trust)
Requirement For Written Consent or Written Release. No failure to act, no omission, no failure to respond, object or deny consent, and no other instance of an absence of action or communication (collectively, “Forbearance”) shall be construed as a consent or waiver (implied, constructive, deemed or otherwise) under this Schedule Exhibit C. Any conduct (as defined in the Main Agreement) not expressly permitted by this Schedule Exhibit C, notwithstanding any number of occurrences of the conduct, any number of requests to engage in the conduct, any failures of BNYM to discover the conduct and any number of related Forbearances, shall be prohibited in the absence of a written consent to the conduct or a written waiver of a relevant prohibition or restriction.
Appears in 1 contract
Samples: Transfer Agency Services Agreement (Driehaus Mutual Funds)
