Right to Seek Assurance. The Transfer Agent may refuse to transfer, exchange or redeem shares of the Fund or take any action requested by a shareholder until it is satisfied that the requested transaction or action is legally authorized or until it is satisfied there is no basis for any claims adverse to the transaction or action. It may rely on the provisions of the Uniform Act for the Simplification of Fiduciary Security Transfers or the Uniform Commercial Code. The Company shall indemnify the Transfer Agent for any act done or omitted to be done in reliance on such laws or for refusing to transfer, exchange or redeem shares or taking any requested action if it acts on a good faith belief that the transaction or action is illegal or unauthorized.
Right to Seek Assurance. The Transfer Agent may refuse to transfer, exchange or redeem shares of the Fund or take any action requested by a shareholder until it is satisfied that the requested transaction or action is legally authorized or until it is satisfied that there is no basis for any claims adverse to the transaction or action. It may rely on the provisions of the Uniform Act for the Simplification of Fiduciary Security Transfers or the Uniform Commercial Code.
Right to Seek Assurance. The Transfer Agent may refuse to transfer, exchange or redeem face-amount certificates of the Company or take any action requested by a certificate owner until it is satisfied that the requested transaction or action is legally authorized or until it is satisfied there is no basis for any claims adverse to the transaction or action. It may rely on the provisions of the Uniform Act for the Simplification of Fiduciary Security Transfers or the Uniform Commercial Code as adopted in the applicable jurisdiction. The Company shall indemnify the Transfer Agent for any act done or omitted to be done in reliance on such laws or for refusing to transfer, exchange or surrender face-amount certificates or taking any requested action if it acts on a good faith belief that the transaction or action is illegal or unauthorized.
Right to Seek Assurance. The Service Agent may refuse to transfer or sell shares for the account of a shareholder, repurchase the Fund’s shares for the Fund’s account or take any action requested by a shareholder until the Service Agent is satisfied that the requested transaction or action is legally authorized or until it is satisfied there is no basis for any claims adverse to the transaction or action. Without limiting the generality of the foregoing, the Service Agent may refuse to permit the transfer of shares held by a registered shareholder in certificated form until the applicable certificate or certificates for such shares are delivered in good form or a lost certificate affidavit in form satisfactory to the Service Agent is delivered by such shareholder of record. The Service Agent may rely on the provisions of the Uniform Act for the Simplification of Fiduciary Security Services or the Uniform Commercial Code. The Fund shall indemnify the Service Agent for any act done or omitted to be done in reliance on such laws or for refusing to transfer or sell shares for the account of a shareholder, refusing to repurchase the Fund’s shares for the Fund’s account or taking any requested action if it acts on a good faith belief that the transaction or action is illegal or unauthorized.
Right to Seek Assurance. In the event all or substantially all of the assets of either P&U AB or Miravant are acquired by a third party, the non-acquired party shall have the right pursuant to Section 15.1 to receive a written assurance from such third party that the third party intends to faithfully perform all of the duties and obligations of the acquired party set forth in this Agreement. The acquired party shall take all action necessary to enable the non-acquired party to obtain such written assurance.
Right to Seek Assurance. In the event all or substantially all of the assets of either P&U or MRVT are acquired by a third party, the non-acquired party shall have the absolute right pursuant to Section 15.01 to receive a binding written assurance and undertaking from such party that the third party intends to faithfully perform all of the duties and obligations of the acquired party set for in this Agreement. The acquired party shall take all action necessary to enable the non-acquired party to obtain such written assurance.
Right to Seek Assurance. In the event all or substantially all of the assets of either MRVT or Xillix are acquired by a third party, the non-acquired party shall have the right pursuant to Section 16.01 to receive written assurance from such third party that the third party intends to faithfully perform all of the duties and obligations of the acquired party set forth in this Agreement. The acquired party shall take all necessary action to enable the non-acquiring party to obtain such written assurance.
Right to Seek Assurance. In the event all or substantially all of the assets of either P&U or PDTI are acquired by a third party, the non-acquired party shall have the right pursuant to Section 16.01 to receive a written assurance from such third party that the third party intends to faithfully perform all of the duties and obligations of the acquired party set forth in this Agreement. The acquired party shall take all action necessary to enable the non-acquired party to obtain such written assurance.
