Common use of Scope of Appointment Clause in Contracts

Scope of Appointment. A. Subject to the conditions set forth in this Agreement, the Fund hereby appoints DST as Transfer Agent and Dividend Disbursing Agent. B. DST hereby accepts such appointment and agrees that it will act as the Fund's Transfer Agent and Dividend Disbursing Agent. DST agrees that it will also act as agent in connection with the Fund's periodic withdrawal payment accounts and other open accounts or similar plans for shareholders, if any. C. The Fund agrees to use its reasonable efforts to deliver to DST in Kansas City, Missouri, as soon as they are available, all of its shareholder account records. D. DST, utilizing TA2000(R), DST's computerized data processing system for securityholder accounting (the "TA2000 System"), will perform the following services as transfer and dividend disbursing agent for the Fund, and as agent of the Fund for shareholder accounts thereof, in a timely manner: issuing (including countersigning), transferring and canceling share certificates, if any; maintaining all shareholder accounts; providing transaction journals; as requested by the Fund and subject to payment by the Fund of an additional fee, preparing shareholder meeting lists for use in connection with any annual or special meeting and arrange for an affiliate to print, mail and receive back proxies and to certify the shareholder votes of the Fund of any portfolios thereof; mailing shareholder reports and prospectuses; withholding, as required by federal law, taxes on shareholder accounts, disbursing income dividends and capital gains distributions to shareholders, preparing, filing and mailing U.S. Treasury Department Forms 1099, 1042, and 1042S and performing and paying backup withholding as required for all shareholders; preparing and mailing confirmation forms to shareholders and dealers, as instructed, for all purchases and liquidations of shares of the Fund and other confirmable transactions in shareholders' accounts; recording reinvestment of dividends and distributions in shares of the Fund; providing or making available on-line daily and monthly reports as provided by the TA2000 System and as requested by the Fund or its management company; maintaining those records necessary to carry out DST's duties hereunder, including all information reasonably required by the Fund to account for all transactions in the Fund shares, calculating the appropriate sales charge with respect to each purchase of the Fund shares as set forth in the prospectus for the Fund, determining the portion of each sales charge payable to the dealer participating in a sale in accordance with schedules delivered to DST by the Fund's principal underwriter or distributor (hereinafter "principal underwriter") from time to time, disbursing dealer commissions collected to such dealers, determining the portion of each sales charge payable to such principal underwriter and disbursing such commissions to the principal underwriter; receiving correspondence pertaining to any former, existing or new shareholder account, processing such correspondence for proper recordkeeping, and responding promptly to shareholder correspondence; mailing to dealers confirmations of wire order trades; mailing copies of shareholder statements to shareholders and registered representatives of dealers in accordance with the Fund's instructions; interfacing with, accepting and effectuating order for transactions and registration and maintenance information, all on an automated basis, from, and providing advices to the Fund's custodian bank and to the Fund's settlement bank in connection with the settling of such transactions, with, the National Securities Clearing Corporation ("NSCC") pertaining to NSCC's Fund/SERV and Networking programs; and processing, generally on the date of receipt, purchases or redemptions or instructions to settle any mail or wire order purchases or redemptions received in proper order as set forth in the prospectus, rejecting promptly any requests not received in proper order (as defined by the Fund or its agents), and causing exchanges of shares to be executed in accordance with the Fund's instructions and prospectus and the general exchange privilege applicable. E. At the request of Fund, DST shall use reasonable efforts to provide the services set forth in Section 4.D. other than through DST's usual methods of and procedures to utilize the TA2000 System, that is by using methods and procedures other than those usually employed by DST to perform services requiring more manual intervention by DST, either in the entry of data, in the maintenance of account lists and/or the effecting of transactions with respect to timers and accounts subject to agreements with timers, or in the modification or amendment of reports generated by the TA2000 System, or which provides information to DST after the commencement of the nightly processing cycle of the TA2000 System, thereby decreasing the effective time for performance by DST (the "Exception Services"). F. DST shall use reasonable efforts to provide, reasonably promptly under the circumstances, the same transfer agent services with respect to any new, additional functions or features or any changes or improvements to existing functions or features as provided for in the Fund's instructions, prospectus or application as amended from time to time, for the Fund provided (i) DST is advised in advance by the Fund of any changes therein and (ii) the TA2000 System and the mode of operations utilized by DST as then constituted supports such additional functions and features. If any addition to, improvement of or change in the features and functions currently provided by the TA2000 System or the operations as requested by the Fund requires an enhancement or modification to the TA2000 System or to operations as then conducted by DST, DST shall not be liable therefore until such modification or enhancement is installed on the TA2000 System or new mode of operation is instituted. If any new, additional function or feature or change or improvement to existing functions or features or new service or mode of operation measurably increases DST's cost of performing the services required hereunder at the current level of service, DST shall advise the Fund of the amount of such increase and if the Fund elects to utilize such function, feature or service, DST shall be entitled to increase its fees by the amount of the increase in costs. In no event shall DST be responsible for or liable to provide any additional function, feature, improvement or change in method of operation until it has consented thereto in writing. G. The Fund shall have the right to add new series to the TA2000 System upon at least thirty (30) days' prior written notice to DST provided that the requirements of the new series are generally consistent with services then being provided by DST under this Agreement. Rates or charges for additional series shall be as set forth in Exhibit A, as hereinafter defined, for the remainder of the contract term except as such series use functions, features or characteristics for which DST has imposed an additional charge as part of its standard pricing schedule. In the latter event, rates and charges shall be in accordance with DST's then-standard pricing schedule.

Appears in 7 contracts

Samples: Agency Agreement (First American Investment Funds Inc), Agency Agreement (First American Funds Inc), Agency Agreement (First American Strategy Funds Inc)

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Scope of Appointment. A. Subject to the conditions set forth in this Agreement, the Fund hereby employs and appoints DST IFTC as Transfer Agent and Dividend Disbursing Agent effective the date hereof. B. IFTC hereby accepts such employment and appointment and agrees that it will act as Fund's Transfer Agent and Dividend Disbursing Agent. B. DST hereby accepts such appointment C. IFTC agrees to provide the necessary facilities, equipment and agrees that it will act as the Fund's Transfer Agent personnel to perform its duties and Dividend Disbursing Agent. DST agrees that it will also act as agent obligations hereunder in connection accordance with the Fund's periodic withdrawal payment accounts and other open accounts or similar plans for shareholders, if anyindustry practice. C. The D. Fund agrees to use its all reasonable efforts to deliver to DST IFTC in Kansas City, Missouri, as soon as they are available, all of its shareholder account records. D. DSTE. Subject to the provisions of Section 19 and 20 hereof, utilizing TA2000(R), DST's computerized data processing system for securityholder accounting (the "TA2000 System"), IFTC agrees that it will perform all of the following usual and ordinary services of Transfer Agent and Dividend Disbursing Agent and as transfer and dividend disbursing agent for the Fundvarious shareholder accounts, and as agent of including, without limitation, the Fund for shareholder accounts thereof, in a timely mannerfollowing: issuing (including countersigning)issuing, transferring and canceling cancelling share certificates, if any; maintaining all shareholder accounts; providing transaction journals; as requested by the Fund and subject to payment by the Fund of an additional fee, preparing shareholder meeting lists for use in connection with any annual or special meeting lists, mailing proxies, receiving and arrange for an affiliate to printtabulating proxies, mail and receive back proxies and to certify the shareholder votes of the Fund of any portfolios thereof; mailing shareholder reports and prospectuses; withholding, as required by withholding federal lawincome taxes, taxes on shareholder accounts, disbursing preparing and mailing checks for disbursement of income dividends and capital gains distributions to shareholdersdistributions, preparing, preparing and filing and mailing all required U.S. Treasury Department Forms 1099, 1042, and 1042S and performing and paying backup withholding as required information returns for all shareholders; , preparing and mailing confirmation forms to shareholders and dealers, as instructed, for dealers with respect to all purchases and liquidations of shares of the Fund and other confirmable transactions in shareholders' accounts; shareholder accounts for which confirmations are required and recording reinvestment reinvestments of dividends and distributions in shares of the Fund; providing or making available on-line daily and monthly reports as provided by the TA2000 System and as requested by the Fund or its management company; maintaining those records necessary to carry out DST's duties hereunder, including all information reasonably required by the Fund to account for all transactions in the Fund shares, calculating the appropriate sales charge with respect to each purchase of the Fund shares as set forth in the prospectus for the Fund, determining the portion of each sales charge payable to the dealer participating in a sale in accordance with schedules delivered to DST by the Fund's principal underwriter or distributor (hereinafter "principal underwriter") from time to time, disbursing dealer commissions collected to such dealers, determining the portion of each sales charge payable to such principal underwriter and disbursing such commissions to the principal underwriter; receiving correspondence pertaining to any former, existing or new shareholder account, processing such correspondence for proper recordkeeping, and responding promptly to shareholder correspondence; mailing to dealers confirmations of wire order trades; mailing copies of shareholder statements to shareholders and registered representatives of dealers in accordance with the Fund's instructions; interfacing with, accepting and effectuating order for transactions and registration and maintenance information, all on an automated basis, from, and providing advices to the Fund's custodian bank and to the Fund's settlement bank in connection with the settling of such transactions, with, the National Securities Clearing Corporation ("NSCC") pertaining to NSCC's Fund/SERV and Networking programs; and processing, generally on the date of receipt, purchases or redemptions or instructions to settle any mail or wire order purchases or redemptions received in proper order as set forth in the prospectus, rejecting promptly any requests not received in proper order (as defined by the Fund or its agents), and causing exchanges of shares to be executed in accordance with the Fund's instructions and prospectus and the general exchange privilege applicable. E. At the request of Fund, DST shall use reasonable efforts to provide the services set forth in Section 4.D. other than through DST's usual methods of and procedures to utilize the TA2000 System, that is by using methods and procedures other than those usually employed by DST to perform services requiring more manual intervention by DST, either in the entry of data, in the maintenance of account lists and/or the effecting of transactions with respect to timers and accounts subject to agreements with timers, or in the modification or amendment of reports generated by the TA2000 System, or which provides information to DST after the commencement of the nightly processing cycle of the TA2000 System, thereby decreasing the effective time for performance by DST (the "Exception Services"). F. DST shall use reasonable efforts to provide, reasonably promptly under the circumstances, the same transfer agent services with respect to any new, additional functions or features or any changes or improvements to existing functions or features as provided for in the Fund's instructions, prospectus or application as amended from time to time, for the Fund provided (i) DST is advised in advance by the Fund of any changes therein and (ii) the TA2000 System and the mode of operations utilized by DST as then constituted supports such additional functions and features. If any addition to, improvement of or change in the features and functions currently provided by the TA2000 System or the operations as requested by the Fund requires an enhancement or modification to the TA2000 System or to operations as then conducted by DST, DST shall not be liable therefore until such modification or enhancement is installed on the TA2000 System or new mode of operation is instituted. If any new, additional function or feature or change or improvement to existing functions or features or new service or mode of operation measurably increases DST's cost of performing the services required hereunder at the current level of service, DST shall advise the Fund of the amount of such increase and if the Fund elects to utilize such function, feature or service, DST shall be entitled to increase its fees by the amount of the increase in costs. In no event shall DST be responsible for or liable to provide any additional function, feature, improvement or change in method of operation until it has consented thereto in writing. G. The Fund shall have the right to add new series to the TA2000 System upon at least thirty (30) days' prior written notice to DST provided that the requirements of the new series are generally consistent with services then being provided by DST under this Agreement. Rates or charges for additional series shall be as set forth in Exhibit A, as hereinafter defined, for the remainder of the contract term except as such series use functions, features or characteristics for which DST has imposed an additional charge as part of its standard pricing schedule. In the latter event, rates and charges shall be in accordance with DST's then-standard pricing schedule.

Appears in 2 contracts

Samples: Agency Agreement (Kemper High Income Trust), Transfer Agreement (Growth Fund of Spain Inc)

Scope of Appointment. A. Subject to the conditions set forth in this Agreement, the Fund hereby appoints DST as Transfer Agent and Dividend Disbursing Agent. B. DST hereby accepts such appointment and agrees that it will act as the Fund's Transfer Agent and Dividend Disbursing Agent. DST agrees that it will also act as agent in connection with the Fund's periodic withdrawal payment accounts and other open accounts or similar plans for shareholders, if any. C. The Fund agrees to use its reasonable efforts to deliver to DST in Kansas City, Missouri, as soon as they are available, all of its shareholder account records. D. DST, utilizing TA2000(RTA2000(TM), DST's computerized data processing system for securityholder accounting (the "TA2000 TA2000(TM) System"), will perform the following services as transfer and dividend disbursing agent for the Fund, and as agent of the Fund for shareholder accounts thereof, in a timely manner: issuing (including countersigning), transferring and canceling share certificates, if any; maintaining all shareholder accounts; providing transaction journals; as requested by the Fund and subject to payment by the Fund of an additional fee, preparing shareholder meeting lists for use in connection with any annual or special meeting and arrange for an affiliate to print, mail and receive back proxies and to certify the shareholder votes of the Fund of any portfolios thereof; mailing shareholder reports and prospectuses; withholding, as required by federal law, taxes on shareholder accounts, disbursing income dividends and capital gains distributions to shareholders, preparing, filing and mailing U.S. Treasury Department Forms 1099, 1042, and 1042S and performing and paying backup withholding as required for all shareholders; preparing and mailing confirmation forms to shareholders and dealers, as instructed, for all purchases and liquidations of shares of the Fund and other confirmable transactions in shareholders' accounts; recording reinvestment of dividends and distributions in shares of the Fund; providing or making available on-line daily and monthly reports as provided by the TA2000 TA2000(TM) System and as requested by the Fund or its management company; maintaining those records necessary to carry out DST's duties hereunder, including all information reasonably required by the Fund to account for all transactions in the Fund shares, calculating the appropriate sales charge with respect to each purchase of the Fund shares as set forth in the prospectus for the Fund, determining the portion of each sales charge payable to the dealer participating in a sale in accordance with schedules delivered to DST by the Fund's principal underwriter or distributor (hereinafter "principal underwriter") from time to time, disbursing dealer commissions collected to such dealers, determining the portion of each sales charge payable to such principal underwriter and disbursing such commissions to the principal underwriter; receiving correspondence pertaining to any former, existing or new shareholder account, processing such correspondence for proper recordkeeping, and responding promptly to shareholder correspondence; mailing to dealers confirmations of wire order trades; mailing copies of shareholder statements to shareholders and registered representatives of dealers in accordance with the Fund's instructions; interfacing with, accepting and effectuating order for transactions and registration and maintenance information, all on an automated basis, from, and providing advices to the Fund's custodian bank and to the Fund's settlement bank in connection with the settling of such transactions, with, the National Securities Clearing Corporation ("NSCC") pertaining to NSCC's Fund/SERV and Networking programs; and processing, generally on the date of receipt, purchases or redemptions or instructions to settle any mail or wire order purchases or redemptions received in proper order as set forth in the prospectus, rejecting promptly any requests not received in proper order (as defined by the Fund or its agents), and causing exchanges of shares to be executed in accordance with the Fund's instructions and prospectus and the general exchange privilege applicable. E. At the request of Fund, DST shall use reasonable efforts to provide the services set forth in Section 4.D. other than through DST's usual methods of and procedures to utilize the TA2000 System, that is by using methods and procedures other than those usually employed by DST to perform services requiring more manual intervention by DST, either in the entry of data, in the maintenance of account lists and/or the effecting of transactions with respect to timers and accounts subject to agreements with timers, or in the modification or amendment of reports generated by the TA2000 System, or which provides information to DST after the commencement of the nightly processing cycle of the TA2000 System, thereby decreasing the effective time for performance by DST (the "Exception Services"). F. DST shall use reasonable efforts to provide, reasonably promptly under the circumstances, the same transfer agent services with respect to any new, additional functions or features or any changes or improvements to existing functions or features as provided for in the Fund's instructions, prospectus or application as amended from time to time, for the Fund provided (i) DST is advised in advance by the Fund of any changes therein and (ii) the TA2000 TA2000(TM) System and the mode of operations utilized by DST as then constituted supports such additional functions and features. If any addition to, improvement of or change in the features and functions currently provided by the TA2000 TA2000(TM) System or the operations as requested by the Fund requires an enhancement or modification to the TA2000 TA2000(TM) System or to operations as then conducted by DST, DST shall not be liable therefore until such modification or enhancement is installed on the TA2000 TA2000(TM) System or new mode of operation is instituted. If any new, additional function or feature or change or improvement to existing functions or features or new service or mode of operation measurably increases DST's cost of performing the services required hereunder at the current level of service, DST shall advise the Fund of the amount of such increase and if the Fund elects to utilize such function, feature or service, DST shall be entitled to increase its fees by the amount of the increase in costs. In no event shall DST be responsible for or liable to provide any additional function, feature, improvement or change in method of operation until it has consented thereto in writing. G. F. The Fund shall have the right to add new series to the TA2000 TA2000(TM) System upon at least thirty (30) days' prior written notice to DST provided that the requirements of the new series are generally consistent with services then being provided by DST under this Agreement. Rates or charges for additional series shall be as set forth in Exhibit A, as hereinafter defined, for the remainder of the contract term except as such series use functions, features or characteristics for which DST has imposed an additional charge as part of its standard pricing schedule. In the latter event, rates and charges shall be in accordance with DST's then-standard pricing schedule.

Appears in 1 contract

Samples: Transfer Agency Agreement (Oak Associates Funds)

Scope of Appointment. A. Subject to the conditions set forth in this Agreement, the Fund hereby appoints DST as Transfer Agent and Dividend Disbursing Agent. B. DST hereby accepts such appointment and agrees that it will act as the Fund's Transfer Agent and Dividend Disbursing Agent. DST agrees that it will also act as agent in connection with the Fund's periodic withdrawal payment accounts and other open accounts or similar plans for shareholders, if any. C. The Fund agrees to use its reasonable best efforts to deliver to DST in Kansas City, Missouri, as soon as they are available, all of its shareholder account records. D. DST, utilizing TA2000(R), DST's computerized data processing system systems for securityholder accounting (the "TA2000 System" for open-end funds and "STS System" for closed-end funds and the "Systems" for both the TA2000(R)and STS Systems, jointly and severally), and subject to the provisions of Sections 19, 20 and 21 of this Agreement, will perform the following services as transfer and transfer, dividend disbursing and shareholders' servicing agent for the Fund, and as agent of the Fund for shareholder accounts thereof, in a timely manner: issuing (including countersigning), transferring and canceling share certificates, if any; maintaining all shareholder accounts; providing transaction journals; as requested by the Fund and subject to payment by the Fund of an additional fee, preparing shareholder meeting lists (one annually at no charge, lists for use in connection with any annual or special meeting and arrange for an affiliate to printadditional meetings will be charged for), mail and receive back mailing proxies and to certify proxy materials, receiving and tabulating proxies, certifying the shareholder votes of the in Fund of any portfolios thereof(all proxy activities are subject to proxy fees and reimbursable fees); mailing shareholder reports and prospectusesprospectuses supplied to DST by Fund or its agents; withholding, as required by federal lawFederal law and as directed by Fund, taxes on shareholder nonresident alien and foreign corporation accounts, for pension and deferred income, backup withholding or other instances agreed upon by Fund and DST, disbursing income dividends and capital gains distributions to shareholders, preparing, filing and mailing U.S. Treasury Department Forms 1099, 1042, and 1042S and performing and paying backup withholding as required for all shareholdersshareholders and as directed by Fund; preparing and mailing confirmation forms to shareholders and dealers, as instructed, for all purchases and liquidations (not applicable to closed-end funds except for transfers into or out of a shareholders' account) of shares of the Fund and other confirmable transactions in shareholders' accounts; recording reinvestment of dividends and distributions in shares of the Fund; providing or making available on-line daily and monthly reports as provided by either of the TA2000 System Systems and as requested by the Fund or its management company; maintaining those records necessary to carry out DST's duties hereunder, including all information reasonably required by the Fund to account for all transactions (non-valued in the closed-end funds) in Fund shares, calculating the appropriate sales charge with respect to each purchase of the Fund shares as set forth in the prospectus for the Fund, Fund (not applicable to closed-end funds); solely for open-end funds: determining the portion of each sales charge payable to the dealer participating in a sale in accordance with schedules delivered to DST by the Fund's principal underwriter or distributor (hereinafter "principal underwriter") from time to time, disbursing dealer commissions collected to such dealers, determining the portion of each sales charge payable to such principal underwriter and disbursing such commissions to the principal underwriter; receiving correspondence pertaining to any former, existing or new shareholder account, processing such correspondence for proper recordkeeping, and responding promptly to shareholder correspondence; mailing to dealers confirmations of wire order tradestrades (not applicable to closed-end funds); mailing copies of shareholder statements to shareholders and registered representatives of dealers in accordance with the Fund's instructions; interfacing withand, accepting and effectuating order for transactions and registration and maintenance informationsolely in the case of open-end funds, all on an automated basis, from, and providing advices to the Fund's custodian bank and to the Fund's settlement bank in connection with the settling of such transactions, with, the National Securities Clearing Corporation ("NSCC") pertaining to NSCC's Fund/SERV and Networking programs; and processing, generally on the date of receipt, purchases or redemptions or instructions to settle any mail or wire order purchases purchase or redemptions redemption (or in the case of closed-end funds, effecting transfer of certificates) received in proper order as set forth in the prospectusprospectus and DST's Procedures, as hereinafter defined, rejecting promptly any requests not received in proper order (as defined by the Fund or its agentsagents or DST's Procedures), and and, solely in the case of open-end funds, causing exchanges of shares to be executed in accordance with the Fund's instructions and prospectus instructions, the applicable prospectus, DST's Procedures and the general exchange privilege applicableapplication. E. At the request of Fund, DST shall use reasonable efforts to provide the services set forth in Section 4.D. other than through DST's usual methods of and procedures to utilize the TA2000 System, that is by using methods and procedures other than those usually employed by DST to perform services requiring more manual intervention by DST, either in the entry of data, in the maintenance of account lists and/or the effecting of transactions with respect to timers and accounts subject to agreements with timers, or in the modification or amendment of reports generated by the TA2000 System, or which provides information to DST after the commencement of the nightly processing cycle of the TA2000 System, thereby decreasing the effective time for performance by DST (the "Exception Services"). F. DST shall use reasonable efforts to provide, reasonably promptly under the circumstances, the same transfer agent services with respect to any new, additional functions or features or any changes or improvements to existing functions or features as provided for in the Fund's instructions, prospectus or application as amended from time to time, for the Fund provided (i) DST is advised in advance by the Fund of any changes therein and (ii) the TA2000 System and the mode of operations utilized by DST as then constituted supports such additional functions and features. If any addition to, improvement of or change in the features and functions currently provided by the TA2000 System or the operations as requested by the Fund requires an enhancement or modification to the TA2000 System or to operations as then conducted by DST, DST shall not be liable therefore until such modification or enhancement is installed on the TA2000 System or new mode of operation is instituted. If any new, additional function or feature or change or improvement to existing functions or features or new service or mode of operation measurably increases DST's cost of performing the services required hereunder at the current level of service, DST shall advise the Fund of the amount of such increase and if the Fund elects to utilize such function, feature or service, DST shall be entitled to increase its fees by the amount of the increase in costs. In no event shall DST be responsible for or liable to provide any additional function, feature, improvement or change in method of operation until it has consented thereto in writing. G. The Fund shall have the right to add new series to the TA2000 System upon at least thirty (30) days' prior written notice to DST provided that the requirements of the new series are generally consistent with services then being provided by DST under this Agreement. Rates or charges for additional series shall be as set forth in Exhibit A, as hereinafter defined, for the remainder of the contract term except as such series use functions, features or characteristics for which DST has imposed an additional charge as part of its standard pricing schedule. In the latter event, rates and charges shall be in accordance with DST's then-standard pricing schedule.

Appears in 1 contract

Samples: Agency Agreement (Nicholas Applegate Mutual Funds)

Scope of Appointment. A. Subject to the conditions set forth in this Agreement, the Fund hereby appoints DST as Transfer Agent and Dividend Disbursing Agent. B. DST hereby accepts such appointment and agrees that it will act as the Fund's Transfer Agent and Dividend Disbursing Agent. DST agrees that it will also act as agent in connection with the Fund's periodic withdrawal payment accounts and other open accounts or similar plans for shareholders, if any. C. The Fund agrees to use its reasonable efforts to deliver to DST in Kansas City, Missouri, as soon as they are available, all of its shareholder account records. D. DST, utilizing TA2000(R), DST's computerized data processing system for securityholder accounting (the "TA2000 TA2000(R) System"), will perform the following services as transfer and dividend disbursing agent for the Fund, and as agent of the Fund for shareholder share-holder accounts thereof, in a timely manner: issuing (including countersigning), transferring and canceling share certificates, if any; maintaining all shareholder accounts; providing transaction journals; as requested by the Fund and subject to payment by the Fund of an additional fee, preparing shareholder meeting lists for use in connection with any annual or special meeting and arrange for an affiliate to print, mail and receive back proxies and to certify the shareholder votes of the Fund of any portfolios thereof; mailing shareholder reports and prospectuses; withholding, as required by federal law, taxes on shareholder accounts, disbursing income dividends and capital gains distributions to shareholders, preparing, filing and mailing U.S. Treasury Department Forms 1099, 1042, and 1042S and performing and paying backup withholding as required for all shareholders; preparing and mailing confirmation forms to shareholders and dealers, as instructed, for all purchases and liquidations of shares of the Fund and other confirmable transactions in shareholders' accounts; recording reinvestment of dividends and distributions in shares of the Fund; providing or making available on-line daily and monthly reports as provided by the TA2000 System and as requested by the Fund or its management company; maintaining those records necessary to carry out DST's duties hereunder, including all information reasonably required by the Fund to account for all transactions in the Fund shares, calculating the appropriate sales charge with respect to each purchase of the Fund shares as set forth in the prospectus for the Fund, determining the portion of each sales charge payable to the dealer participating in a sale in accordance with schedules delivered to DST by the Fund's principal underwriter or distributor (hereinafter "principal underwriter") from time to time, disbursing dealer commissions collected to such dealers, determining the portion of each sales charge payable to such principal underwriter and disbursing such commissions to the principal underwriter; receiving correspondence pertaining to any former, existing or new shareholder account, processing such correspondence for proper recordkeeping, and responding promptly to shareholder correspondence; mailing to dealers confirmations of wire order trades; mailing copies of shareholder statements to shareholders share holders and registered representatives of dealers in accordance with the Fund's instructions; interfacing with, accepting and effectuating order for transactions and registration and maintenance information, all on an automated basis, from, and providing advices to the Fund's custodian bank and to the Fund's settlement bank in connection with the settling of such transactions, with, the National Securities Clearing Corporation ("NSCC") pertaining to NSCC's Fund/SERV and Networking programs; and processing, generally on the date of receipt, purchases or redemptions or instructions to settle any mail or wire order purchases or redemptions received in proper order as set forth in the prospectus, rejecting promptly any requests not received in proper order (as defined by the Fund or its agents), and causing exchanges of shares to be executed in accordance with the Fund's instructions and prospectus and the general exchange privilege applicable. E. At the request of Fund, DST shall use reasonable efforts to provide the services set forth in Section 4.D. other than through DST's usual methods of and procedures to utilize the TA2000 System, that is by using methods and procedures other than those usually employed by DST to perform services requiring more manual intervention by DST, either in the entry of data, in the maintenance of account lists and/or the effecting of transactions with respect to timers and accounts subject to agreements with timers, or in the modification or amendment of reports generated by the TA2000 System, or which provides information to DST after the commencement of the nightly processing cycle of the TA2000 System, thereby decreasing the effective time for performance by DST (the "Exception Services"). F. DST shall use reasonable efforts to provide, reasonably promptly under the circumstances, the same transfer agent services with respect to any new, additional functions or features or any changes or improvements to existing functions or features as provided for in the Fund's instructions, prospectus or application as amended from time to time, for the Fund provided (i) DST is advised in advance by the Fund of any changes therein and (ii) the TA2000 System and the mode of operations utilized by DST as then constituted supports such additional functions and features. If any addition to, improvement of or change in the features and functions currently provided by the TA2000 System or the operations as requested by the Fund requires an enhancement or modification to the TA2000 System or to operations as then conducted by DST, DST shall not be liable therefore until such modification or enhancement is installed on the TA2000 System or new mode of operation is instituted. If any new, additional function or feature or change or improvement to existing functions or features or new service or mode of operation measurably increases DST's cost of performing the services required hereunder at the current level of service, DST shall advise the Fund of the amount of such increase and if the Fund elects to utilize such function, feature or service, DST shall be entitled to increase its fees by the amount of the increase in costs. In no event shall DST be responsible for or liable to provide any additional function, feature, improvement or change in method of operation until it has consented thereto in writing. G. F. The Fund shall have the right to add new series to the TA2000 System upon at least thirty (30) days' prior written notice to DST provided that the requirements of the new series are generally consistent with services then being provided by DST under this Agreement. Rates or charges for additional series shall be as set forth in Exhibit A, as hereinafter defined, for the remainder of the contract term except as such series use functions, features or characteristics for which DST has imposed an additional charge as part of its standard pricing schedule. In the latter event, rates and charges shall be in accordance with DST's then-standard pricing schedule.

Appears in 1 contract

Samples: Agency Agreement (MDL Funds)

Scope of Appointment. A. Subject to the conditions set forth in this Agreement, the Fund hereby appoints DST as Transfer Agent and Dividend Disbursing Agent. B. DST hereby accepts such appointment and agrees that it will act as the Fund's Transfer Agent and Dividend Disbursing Agent. DST agrees that it will also act as agent in connection with the Fund's periodic withdrawal payment accounts and other open accounts or similar plans for shareholders, if any. C. The Fund agrees to use its reasonable efforts to deliver to DST in Kansas City, Missouri, as soon as they are available, all of its shareholder account records. D. DST, utilizing TA2000(R)TA2000-Registered Trademark-, DST's computerized data processing system for securityholder accounting (the "TA2000 TA2000-Registered Trademark- System"), will perform the following services as transfer and dividend disbursing agent for the Fund, and as agent of the Fund for shareholder accounts thereof, in a timely manner: issuing (including countersigning), transferring and canceling share certificates, if any; maintaining all shareholder accounts; providing transaction journals; as requested by the Fund and subject to payment by the Fund of an additional fee, preparing shareholder meeting lists for use in connection with any annual or special meeting and arrange for an affiliate to print, mail and receive back proxies and to certify the shareholder votes of the Fund of any portfolios thereof; mailing shareholder reports and prospectuses; withholding, as required by federal law, taxes on shareholder accounts, disbursing income dividends and capital gains distributions to shareholders, preparing, filing and mailing U.S. Treasury Department Forms 1099, 1042, and 1042S and performing and paying backup withholding as required for all shareholders; preparing and mailing confirmation forms to shareholders and dealers, as instructed, for all purchases and liquidations of shares of the Fund and other confirmable transactions in shareholders' accounts; recording reinvestment of dividends and distributions in shares of the Fund; providing or making available on-line daily and monthly reports as provided by the TA2000 System and as requested by the Fund or its management company; maintaining those records necessary to carry out DST's duties hereunder, including all information reasonably required by the Fund to account for all transactions in the Fund shares, calculating the appropriate sales charge with respect to each purchase of the Fund shares as set forth in the prospectus for the Fund, determining the portion of each sales charge payable to the dealer participating in a sale in accordance with schedules delivered to DST by the Fund's principal underwriter or distributor (hereinafter "principal underwriter") from time to time, disbursing dealer commissions collected to such dealers, determining the portion of each sales charge payable to such principal underwriter and disbursing such commissions to the principal underwriter; receiving correspondence pertaining to any former, existing or new shareholder account, processing such correspondence for proper recordkeeping, and responding promptly to shareholder correspondence; mailing to dealers confirmations of wire order trades; mailing copies of shareholder statements to shareholders and registered representatives of dealers in accordance with the Fund's instructions; interfacing with, accepting and effectuating order for transactions and registration and maintenance information, all on an automated basis, from, and providing advices to the Fund's custodian bank and to the Fund's settlement bank in connection with the settling of such transactions, with, the National Securities Clearing Corporation ("NSCC") pertaining to NSCC's Fund/SERV and Networking programs; and processing, generally on the date of receipt, purchases or redemptions or instructions to settle any mail or wire order purchases or redemptions received in proper order as set forth in the prospectus, rejecting promptly any requests not received in proper order (as defined by the Fund or its agents), and causing exchanges of shares to be executed in accordance with the Fund's instructions and prospectus and the general exchange privilege applicable. E. At the request of Fund, DST shall use reasonable efforts to provide the services set forth in Section 4.D. other than through DST's usual methods of and procedures to utilize the TA2000 System, that is by using methods and procedures other than those usually employed by DST to perform services requiring more manual intervention by DST, either in the entry of data, in the maintenance of account lists and/or the effecting of transactions with respect to timers and accounts subject to agreements with timers, or in the modification or amendment of reports generated by the TA2000 System, or which provides information to DST after the commencement of the nightly processing cycle of the TA2000 System, thereby decreasing the effective time for performance by DST (the "Exception Services"). F. DST shall use reasonable efforts to provide, reasonably promptly under the circumstances, the same transfer agent services with respect to any new, additional functions or features or any changes or improvements to existing functions or features as provided for in the Fund's instructions, prospectus or application as amended from time to time, for the Fund provided (i) DST is advised in advance by the Fund of any changes therein and (ii) the TA2000 System and the mode of operations utilized by DST as then constituted supports such additional functions and features. If any addition to, improvement of or change in the features and functions currently provided by the TA2000 System or the operations as requested by the Fund requires an enhancement or modification to the TA2000 System or to operations as then conducted by DST, DST shall not be liable therefore until such modification or enhancement is installed on the TA2000 System or new mode of operation is instituted. If any new, additional function or feature or change or improvement to existing functions or features or new service or mode of operation measurably increases DST's cost of performing the services required hereunder at the current level of service, DST shall advise the Fund of the amount of such increase and if the Fund elects to utilize such function, feature or service, DST shall be entitled to increase its fees by the amount of the increase in costs. In no event shall DST be responsible for or liable to provide any additional function, feature, improvement or change in method of operation until it has consented thereto in writing. G. F. The Fund shall have the right to add new series to the TA2000 System upon at least thirty (30) days' prior written notice to DST provided that the requirements of the new series are generally consistent with services then being provided by DST under this Agreement. Rates or charges for additional series shall be as set forth in Exhibit A, as hereinafter defined, for the remainder of the contract term except as such series use functions, features or characteristics for which DST has imposed an additional charge as part of its standard pricing schedule. In the latter event, rates and charges shall be in accordance with DST's then-standard pricing schedule.

Appears in 1 contract

Samples: Agency Agreement (Oak Associates Funds)

Scope of Appointment. A. Subject to the terms and conditions set forth in this Agreement, the Fund hereby appoints DST as Transfer Agent, Dividend Disbursing Agent and Dividend Disbursing Plan Agent. B. DST hereby accepts such appointment and agrees that it will act as the Fund's Transfer Agent, Dividend Disbursing Agent and Dividend Disbursing Plan Agent. DST agrees that it will also act as agent in connection with the Fund's periodic withdrawal payment accounts and other open accounts or similar plans for shareholderssecurityholders, if any. C. The Fund agrees to use its reasonable efforts to deliver to DST in Kansas City, Missouri, as soon as they are available, all of its shareholder securityholder account records. D. DST, utilizing TA2000(R)TA2000TM, DST's computerized data processing system for securityholder accounting (the "TA2000 System")) and in accordance with the terms and conditions of this Agreement, will perform the following services as transfer Transfer Agent and dividend disbursing Dividend Disbursing agent for the Fund, and as agent of the Fund for shareholder securityholder accounts thereof, in a timely manner: (i) issuing (including countersigningcountersigning as applicable), repurchasing, redeeming, transferring and canceling share certificates, if anyshares (as applicable) upon receipt of appropriate documentation; (ii) maintaining all shareholder and recording on the TA2000 System the appropriate number of shares for the appropriate securityholder accounts; (iii) maintaining and providing transaction journals; as requested by the Fund and subject to payment by the Fund of an additional fee, (iv) preparing shareholder securityholder meeting lists for use in connection with any annual or special meeting and arrange for an affiliate other meetings of securityholders and certifying a copy of such list; (v) transmitting securityholder reports, prospectuses and other Fund documents to print, mail securityholders and receive back proxies and to certify the shareholder votes of the Fund of any portfolios thereofother parties in accordance with instructions; mailing shareholder reports and prospectuses; (vi) withholding, as required by federal law, taxes on shareholder securityholder accounts, disbursing income dividends and capital gains distributions to shareholders, preparing, filing and mailing U.S. Treasury Department Forms 1099, 1042, and 1042S and performing and paying backup withholding as required for all shareholderssecurityholders; preparing (vii) disbursing income dividends and mailing confirmation forms to shareholders and dealers, as instructed, for all purchases and liquidations of shares of the Fund capital gains and other confirmable transactions in shareholders' accounts; distributions to securityholders and recording reinvestment of dividends and distributions in shares of the Fund; (viii) providing or making available on-line daily and monthly reports as provided by the TA2000 System and as requested by the Fund or its management company; (x) maintaining those records necessary to carry out DST's duties hereunder, including all information reasonably required by the Fund to account for all transactions in the Fund shares, calculating the appropriate sales charge with respect to each purchase of the Fund shares as set forth in the prospectus for the Fund, determining the portion of each sales charge payable to the dealer participating in a sale in accordance with schedules delivered to DST by the Fund's principal underwriter or distributor ; (hereinafter "principal underwriter"xi) from time to time, disbursing dealer commissions collected to such dealers, determining the portion of each sales charge payable to such principal underwriter and disbursing such commissions to the principal underwriter; receiving correspondence pertaining to any former, existing or new shareholder accountsecurityholder accounts, processing such correspondence for proper recordkeeping, and responding promptly to shareholder securityholder correspondence; mailing transmitting to dealers confirmations of wire order trades; mailing transmitting copies of shareholder securityholder statements to shareholders securityholders and registered representatives of dealers in accordance with the Fund's instructionsinstructions of an Authorized Person; interfacing with, accepting and effectuating order for transactions and registration and maintenance information, all on an automated basis, from, and providing advices to the Fund's custodian bank and to the Fund's settlement bank in connection with the settling of such transactions, with, the National Securities Clearing Corporation ("NSCC"xii) pertaining to NSCC's Fund/SERV and Networking programs; and processing, generally on the date of receipt, purchases or redemptions or instructions to settle any mail or wire order purchases or redemptions received in proper order as set forth in the prospectusprospectus or related Fund documents, rejecting promptly any requests not received in proper order (as defined by an Authorized Person or the Fund or its agentsProcedures as hereinafter defined), and causing exchanges of shares to be executed in accordance with the Fund's instructions and of Authorized Persons, the applicable prospectus and the general exchange privilege applicable; and (xiii) providing to the Fund escheatment reports as requested by an Authorized Person with respect to the status of accounts and outstanding payments on TA2000. E. At the request of Fundan Authorized Person, DST shall use reasonable efforts to provide the services set forth in Section 4.D. other than through DST's usual methods in connection with transactions (i) the processing of and procedures which transactions require DST to utilize the TA2000 System, that is by using use methods and procedures other than those usually employed by DST to perform services requiring more manual intervention by DSTsecurityholder servicing agent services, either in (ii) involving the entry provision of data, in the maintenance of account lists and/or the effecting of transactions with respect to timers and accounts subject to agreements with timers, or in the modification or amendment of reports generated by the TA2000 System, or which provides information to DST after the commencement of the nightly processing cycle of the TA2000 SystemSystem or (iii) which require more manual intervention by DST, thereby decreasing either in the effective time for performance entry of data or in the modification or amendment of reports generated by DST the TA2000 System than is usually required (the "Exception Services"). F. DST shall use reasonable efforts to provide, reasonably promptly under the circumstances, the same transfer agent services with respect to any new, additional functions or features or any changes or improvements to existing functions or features as provided for in the Fund's instructionsinstructions or, as applicable, the prospectus or application as amended from time to time, for the Fund provided (i) DST is advised in advance by the Fund of any changes therein and (ii) the TA2000 System and the mode of operations utilized by DST as then constituted supports such additional functions and features. If any addition to, improvement of or change in the features and functions currently provided by the TA2000 System or the operations as requested by the Fund requires an enhancement or modification to the TA2000 System or to operations as then presently conducted by DST, DST shall not be liable therefore until such modification or enhancement is installed on the TA2000 System or new mode of operation is instituted. If any new, additional function or feature or change or improvement to existing functions or features or new service or mode of operation measurably increases DST's cost of performing the services required hereunder at the current level of service, DST shall advise the Fund of the amount of such increase and if the Fund elects to utilize such function, feature or service, DST shall be entitled to increase its fees by the amount of the increase in costs. In no event shall DST be responsible for or liable to provide any additional function, feature, improvement or change in method of operation until it has consented thereto in writing. G. The Fund provisions of this Section 4.G that follow this sentence shall have take precedence over and shall govern in the right event of any inconsistency between such provisions and any other provisions of this Agreement or any provisions of any exhibit or other attachment to add new series this Agreement (or any provisions of any attachment to any such exhibit or attachment). The parties agree that – to the TA2000 System upon at least thirty extent that DST provides any services under this Agreement that relate to compliance by the Fund with the Internal Revenue Code of 1986 or any other tax law, including without limitation the services described in Section 4.D(vi) – it is the parties’ mutual intent that DST will provide only printing, reproducing, and other mechanical assistance to the Fund and that DST will not make any judgments or exercise any discretion of any kind, and particularly that DST will not make any judgments or exercise any discretion in: (301) days' prior written notice determining generally the actions that are required in connection with such compliance or determining generally when such compliance has been achieved; (2) determining the amounts of taxes that should be withheld on securityholder accounts (except to the extent of making mathematical calculations of such amounts based on express instructions provided by the Fund); (3) determining the amounts that should be reported in or on any specific box or line of any tax form (except to the extent of making mathematical calculations of such amounts based on express instructions provided by the Fund which among other things identify the specific boxes and lines into which amounts calculated by DST are to be placed); (4) classifying the status of securityholders and securityholder accounts under applicable tax law (except to the extent of following express instructions regarding such classification provided by the Fund); and (5) paying withholding and other taxes, except pursuant to the express instructions of the Fund. The Fund agrees that it will provide express and comprehensive instructions to DST provided that the requirements in connection with all of the new series services that are generally consistent with services then being to be provided by DST under this Agreement. Rates Agreement that relate to compliance by the Fund with the Internal Revenue Code of 1986 or charges any other tax law (including without limitation the services described in Section 4.D (vi)), including promptly providing responses to requests for additional series shall direction that may be as set forth in Exhibit A, as hereinafter defined, for the remainder made from time to time by DST of the contract term except as such series use functions, features or characteristics for which DST has imposed an additional charge as part of its standard pricing schedule. In the latter event, rates and charges shall be Fund in accordance with DST's then-standard pricing schedulethis regard.

Appears in 1 contract

Samples: Agency Agreement (Rivernorth Opportunities Fund, Inc.)

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Scope of Appointment. A. Subject to the conditions set forth in this Agreement, the Fund hereby appoints DST as Transfer Agent and Dividend Disbursing Agent. B. DST hereby accepts such appointment and agrees that it will act as the Fund's Transfer Agent and Dividend Disbursing Agent. DST agrees that it will also act as agent in connection with the Fund's periodic withdrawal payment accounts and other open accounts or similar plans for shareholders, if any. C. The Fund agrees to use its reasonable efforts to deliver to DST in Kansas City, Missouri, as soon as they are available, all of its shareholder account records. D. DST, utilizing TA2000(R)TA2000TM, DST's computerized data processing system for securityholder accounting (the "TA2000 TA2000TM System"), will perform the following services as transfer and dividend disbursing agent for the Fund, and as agent of the Fund for shareholder accounts thereof, in a timely manner: issuing (including countersigning), transferring and canceling share certificates, if any; maintaining all shareholder accounts; providing transaction journals; as requested by the Fund and subject to payment by the Fund of an additional fee, preparing shareholder meeting lists for use in connection with any annual or special meeting and arrange for an affiliate to print, mail and receive back proxies and to certify the shareholder votes of the Fund of any portfolios thereof; mailing shareholder reports and prospectuses; withholding, as required by federal law, taxes on shareholder accounts, disbursing income dividends and capital gains distributions to shareholders, preparing, filing and mailing U.S. Treasury Department Forms 1099, 1042, and 1042S and performing and paying backup withholding as required for all shareholders; preparing and mailing confirmation forms to shareholders and dealers, as instructed, for all purchases and liquidations of shares of the Fund and other confirmable transactions in shareholders' accounts; recording reinvestment of dividends and distributions in shares of the Fund; providing or making available on-line daily and monthly reports as provided by the TA2000 TA2000TM System and as requested by the Fund or its management company; maintaining those records necessary to carry out DST's duties hereunder, including all information reasonably required by the Fund to account for all transactions in the Fund shares, calculating the appropriate sales charge with respect to each purchase of the Fund shares as set forth in the prospectus for the Fund, determining the portion of each sales charge payable to the dealer participating in a sale in accordance with schedules delivered to DST by the Fund's principal underwriter or distributor (hereinafter "principal underwriter") from time to time, disbursing dealer commissions collected to such dealers, determining the portion of each sales charge payable to such principal underwriter and disbursing such commissions to the principal underwriter; receiving correspondence pertaining to any former, existing or new shareholder account, processing such correspondence for proper recordkeeping, and responding promptly to shareholder correspondence; mailing to dealers confirmations of wire order trades; mailing copies of shareholder statements to shareholders and registered representatives of dealers in accordance with the Fund's instructions; interfacing with, accepting and effectuating order for transactions and registration and maintenance information, all on an automated basis, from, and providing advices to the Fund's custodian bank and to the Fund's settlement bank in connection with the settling of such transactions, with, the National Securities Clearing Corporation ("NSCC") pertaining to NSCC's Fund/SERV and Networking programs; and processing, generally on the date of receipt, purchases or redemptions or instructions to settle any mail or wire order purchases or redemptions received in proper order as set forth in the prospectus, rejecting promptly any requests not received in proper order (as defined by the Fund or its agents), and causing exchanges of shares to be executed in accordance with the Fund's instructions and prospectus and the general exchange privilege applicable. E. At the request of Fund, DST shall use reasonable efforts to provide the services set forth in Section 4.D. other than through DST's usual methods of and procedures to utilize the TA2000 System, that is by using methods and procedures other than those usually employed by DST to perform services requiring more manual intervention by DST, either in the entry of data, in the maintenance of account lists and/or the effecting of transactions with respect to timers and accounts subject to agreements with timers, or in the modification or amendment of reports generated by the TA2000 System, or which provides information to DST after the commencement of the nightly processing cycle of the TA2000 System, thereby decreasing the effective time for performance by DST (the "Exception Services"). F. DST shall use reasonable efforts to provide, reasonably promptly under the circumstances, the same transfer agent services with respect to any new, additional functions or features or any changes or improvements to existing functions or features as provided for in the Fund's instructions, prospectus or application as amended from time to time, for the Fund provided (i) DST is advised in advance by the Fund of any changes therein and (ii) the TA2000 TA2000TM System and the mode of operations utilized by DST as then constituted supports such additional functions and features. If any addition to, improvement of or change in the features and functions currently provided by the TA2000 TA2000TM System or the operations as requested by the Fund requires an enhancement or modification to the TA2000 TA2000TM System or to operations as then conducted by DST, DST shall not be liable therefore until such modification or enhancement is installed on the TA2000 TA2000TM System or new mode of operation is instituted. If any new, additional function or feature or change or improvement to existing functions or features or new service or mode of operation measurably increases DST's cost of performing the services required hereunder at the current level of service, DST shall advise the Fund of the amount of such increase and if the Fund elects to utilize such function, feature or service, DST shall be entitled to increase its fees by the amount of the increase in costs. In no event shall DST be responsible for or liable to provide any additional function, feature, improvement or change in method of operation until it has consented thereto in writing. G. F. The Fund shall have the right to add new series to the TA2000 TA2000TM System upon at least thirty (30) days' prior written notice to DST provided that the requirements of the new series are generally consistent with services then being provided by DST under this Agreement. Rates or charges for additional series shall be as set forth in Exhibit A, as hereinafter defined, for the remainder of the contract term except as such series use functions, features or characteristics for which DST has imposed an additional charge as part of its standard pricing schedule. In the latter event, rates and charges shall be in accordance with DST's then-standard pricing schedule.

Appears in 1 contract

Samples: Agency Agreement (Oak Associates Funds)

Scope of Appointment. A. Subject to the conditions set forth in this Agreement, the Fund hereby appoints DST as Transfer Agent and Dividend Disbursing Agent. B. DST hereby accepts such appointment and agrees that it will act as the Fund's Transfer Agent and Dividend Disbursing Agent. DST agrees that it will also act as agent in connection with the Fund's periodic withdrawal payment accounts and other open accounts or similar plans for shareholders, if any. C. The Fund agrees to use its reasonable efforts to deliver to DST in Kansas City, Missouri, as soon as they are available, all of its shareholder account records. D. DST, utilizing TA2000(RTA2000(TM), DST's computerized data processing system for securityholder accounting (the "TA2000 TA2000(TM) System"), will perform the following services as transfer and dividend disbursing agent for the Fund, and as agent of the Fund for shareholder accounts thereof, in a timely manner: issuing (including countersigning), transferring and canceling share certificates, if any; maintaining all shareholder accounts; providing transaction journals; as requested by the Fund and subject to payment by the Fund of an additional fee, preparing shareholder meeting lists for use in connection with any annual or special meeting and arrange for an affiliate to print, mail and receive back proxies and to certify the shareholder votes of the Fund of any portfolios thereof; mailing shareholder reports and prospectuses; withholding, as required by federal law, taxes on shareholder accounts, disbursing income dividends and capital gains distributions to shareholders, preparing, filing and mailing U.S. Treasury Department Forms 1099, 1042, and 1042S and performing and paying backup withholding as required for all shareholders; preparing and mailing confirmation forms to shareholders and dealers, as instructed, for all purchases and liquidations of shares of the Fund and other confirmable transactions in shareholders' accounts; recording reinvestment of dividends and distributions in shares of the Fund; providing or making available on-line daily and monthly reports as provided by the TA2000 TA2000(TM) System and as requested by the Fund or its management company; maintaining those records necessary to carry out DST's duties hereunder, including all information reasonably required by the Fund to account for all transactions in the Fund shares, calculating the appropriate sales charge with respect to each purchase of the Fund shares as set forth in the prospectus for the Fund, determining the portion of each sales charge payable to the dealer participating in a sale in accordance with schedules delivered to DST by the Fund's principal underwriter or distributor (hereinafter "principal underwriter") from time to time, disbursing dealer commissions collected to such dealers, determining the portion of each sales charge payable to such principal underwriter and disbursing such commissions to the principal underwriter; receiving correspondence pertaining to any former, existing or new shareholder account, processing such correspondence for proper recordkeeping, and responding promptly to shareholder correspondence; mailing to dealers confirmations of wire order trades; mailing copies of shareholder statements to shareholders and registered representatives of dealers in accordance with the Fund's instructions; interfacing with, accepting and effectuating order for transactions and registration and maintenance information, all on an automated basis, from, and providing advices to the Fund's custodian bank and to the Fund's settlement bank in connection with the settling of such transactions, with, the National Securities Clearing Corporation ("NSCC") pertaining to NSCC's Fund/SERV and Networking programs; and processing, generally on the date of receipt, purchases or redemptions or instructions to settle any mail or wire order purchases or redemptions received in proper order as set forth in the prospectus, rejecting promptly any requests not received in proper order (as defined by the Fund or its agents), and causing exchanges of shares to be executed in accordance with the Fund's instructions and prospectus and the general exchange privilege applicable. E. At the request of Fund, DST shall use reasonable efforts to provide the services set forth in Section 4.D. other than through DST's usual methods of and procedures to utilize the TA2000 System, that is by using methods and procedures other than those usually employed by DST to perform services requiring more manual intervention by DST, either in the entry of data, in the maintenance of account lists and/or the effecting of transactions with respect to timers and accounts subject to agreements with timers, or in the modification or amendment of reports generated by the TA2000 System, or which provides information to DST after the commencement of the nightly processing cycle of the TA2000 System, thereby decreasing the effective time for performance by DST (the "Exception Services"). F. DST shall use reasonable efforts to provide, reasonably promptly under the circumstances, the same transfer agent services with respect to any new, additional functions or features or any changes or improvements to existing functions or features as provided for in the Fund's instructions, prospectus or application as amended from time to time, for the Fund provided (i) DST is advised in advance by the Fund of any changes therein and (ii) the TA2000 TA2000(TM) System and the mode of operations utilized by DST as then constituted supports such additional functions and features. If any addition to, improvement of or change in the features and functions currently provided by the TA2000 TA2000(TM) System or the operations as requested by the Fund requires an enhancement or modification to the TA2000 TA2000(TM) System or to operations as then conducted by DST, DST shall not be liable therefore until such modification or enhancement is installed on the TA2000 TA200(TM) System or new mode of operation is instituted. If any new, additional function or feature or change or improvement to existing functions or features or new service or mode of operation measurably increases DST's cost of performing the services required hereunder at the current level of service, DST shall advise the Fund of the amount of such increase and if the Fund elects to utilize such function, feature or service, DST shall be entitled to increase its fees by the amount of the increase in costs. In no event shall DST be responsible for or liable to provide any additional function, feature, improvement or change in method of operation until it has consented thereto in writing. G. F. The Fund shall have the right to add new series to the TA2000 TA2000(TM) System upon at least thirty (30) days' prior written notice to DST provided that the requirements of the new series are generally consistent with services then being provided by DST under this Agreement. Rates or charges for additional series shall be as set forth in Exhibit A, as hereinafter defined, for the remainder of the contract term except as such series use functions, features or characteristics for which DST has imposed an additional charge as part of its standard pricing schedule. In the latter event, rates and charges shall be in accordance with DST's then-standard pricing schedule.

Appears in 1 contract

Samples: Agency Agreement (Tip Funds)

Scope of Appointment. A. Subject to the conditions set forth in this Agreement, the Fund hereby appoints DST as Transfer Agent and Dividend Disbursing Agent. B. DST hereby accepts such appointment and agrees that it will act as the Fund's Transfer Agent and Dividend Disbursing Agent. DST agrees that it will also act as agent in connection with the Fund's periodic withdrawal payment accounts and other open accounts or similar plans for shareholders, if any. C. The Fund agrees to use its reasonable efforts to deliver to DST in Kansas City, Missouri, as soon as they are available, all of its shareholder account records. D. DST, utilizing TA2000(R), DST's computerized data processing system for securityholder accounting (the "TA2000 TA2000(R) System"), will perform the following services as transfer and dividend disbursing agent for the Fund, and as agent of the Fund for shareholder accounts thereof, in a timely manner: issuing (including countersigning), transferring and canceling share certificates, if any; maintaining all shareholder accounts; providing transaction journals; as requested by the Fund and subject to payment by the Fund of an additional fee, preparing shareholder meeting lists for use in connection with any annual or special meeting and arrange for an affiliate to print, mail and receive back proxies and to certify the shareholder votes of the Fund of any portfolios thereof; mailing shareholder reports and prospectuses; withholding, as required by federal law, taxes on shareholder accounts, disbursing income dividends and capital gains distributions to shareholders, preparing, filing and mailing U.S. Treasury Department Forms 1099, 1042, and 1042S and performing and paying backup withholding as required for all shareholders; preparing and mailing confirmation forms to shareholders and dealers, as instructed, for all purchases and liquidations of shares of the Fund and other confirmable transactions in shareholders' accounts; recording reinvestment of dividends and distributions in shares of the Fund; providing or making available on-line daily and monthly reports as provided by the TA2000 System and as requested by the Fund or its management company; maintaining those records necessary to carry out DST's duties hereunder, including all information reasonably required by the Fund to account for all transactions in the Fund shares, calculating the appropriate sales charge with respect to each purchase of the Fund shares as set forth in the prospectus for the Fund, determining the portion of each sales charge payable to the dealer participating in a sale in accordance with schedules delivered to DST by the Fund's principal underwriter or distributor (hereinafter "principal underwriter") from time to time, disbursing dealer commissions collected to such dealers, determining the portion of each sales charge payable to such principal underwriter and disbursing such commissions to the principal underwriter; receiving correspondence pertaining to any former, existing or new shareholder account, processing such correspondence for proper recordkeeping, and responding promptly to shareholder correspondence; mailing to dealers confirmations of wire order trades; mailing copies of shareholder statements to shareholders and registered representatives of dealers in accordance with the Fund's instructions; interfacing with, accepting and effectuating order for transactions and registration and maintenance information, all on an automated basis, from, and providing advices to the Fund's custodian bank and to the Fund's settlement bank in connection with the settling of such transactions, with, the National Securities Clearing Corporation ("NSCC") pertaining to NSCC's Fund/SERV and Networking programs; and processing, generally on the date of receipt, purchases or redemptions or instructions to settle any mail or wire order purchases or redemptions received in proper order as set forth in the prospectus, rejecting promptly any requests not received in proper order (as defined by the Fund or its agents), and causing exchanges of shares to be executed in accordance with the Fund's instructions and prospectus and the general exchange privilege applicable. E. At the request of Fundan Authorized Person, DST shall use reasonable efforts to provide the services set forth in Section 4.D. other than through DST's usual methods in connection with transactions (i) on behalf of retirement plans and procedures participants in retirement plans and transactions ordered by brokers as part of a "no transaction fee" program ("NTF"), the processing of which transactions require DST to utilize the TA2000 System, that is by using use methods and procedures other than those usually employed by DST to perform services requiring more manual intervention by DSTshareholder servicing agent services, either in (ii) involving the entry provision of data, in the maintenance of account lists and/or the effecting of transactions with respect to timers and accounts subject to agreements with timers, or in the modification or amendment of reports generated by the TA2000 System, or which provides information to DST after the commencement of the nightly processing cycle of the TA2000 SystemSystem or (iii) which require more manual intervention by DST, thereby decreasing either in the effective time for performance entry of data or in the modification or amendment of reports generated by DST the TA2000 System than is usually required by non-retirement plan, non-NTF and pre-nightly transactions, (the "Exception Services"). F. DST shall use reasonable efforts to provide, reasonably promptly under the circumstances, the same transfer agent services with respect to any new, additional functions or features or any changes or improvements to existing functions or features as provided for in the Fund's instructions, prospectus or application as amended from time to time, for the Fund provided (i) DST is advised in advance by the Fund of any changes therein and (ii) the TA2000 System and the mode of operations utilized by DST as then constituted supports such additional functions and features. If any addition to, improvement of or change in the features and functions currently provided by the TA2000 System or the operations as requested by the Fund requires an enhancement or modification to the TA2000 System or to operations as then conducted by DST, DST shall not be liable therefore until such modification or enhancement is installed on the TA2000 System or new mode of operation is instituted. If any new, additional function or feature or change or improvement to existing functions or features or new service or mode of operation measurably increases DST's cost of performing the services required hereunder at the current level of service, DST shall advise the Fund of the amount of such increase and if the Fund elects to utilize such function, feature or service, DST shall be entitled to increase its fees by the amount of the increase in costs. In no event shall DST be responsible for or liable to provide any additional function, feature, improvement or change in method of operation until it has consented thereto in writing. G. The Fund shall have the right to add new series to the TA2000 System upon at least thirty (30) days' prior written notice to DST provided that the requirements of the new series are generally consistent with services then being provided by DST under this Agreement. Rates or charges for additional series shall be as set forth in Exhibit A, as hereinafter defined, for the remainder of the contract term except as such series use functions, features or characteristics for which DST has imposed an additional charge as part of its standard pricing schedule. In the latter event, rates and charges shall be in accordance with DST's then-standard pricing schedule.

Appears in 1 contract

Samples: Agency Agreement (Advisors Inner Circle Fund II)

Scope of Appointment. A. Subject to the conditions set forth in this Agreement, the Fund hereby appoints DST as Transfer Agent and Dividend Disbursing Agent. B. DST hereby accepts such appointment and agrees that it will act as the Fund's Transfer Agent and Dividend Disbursing Agent. DST agrees that it will also act as agent in connection with the Fund's periodic withdrawal payment accounts and other open accounts or similar plans for shareholders, if any. C. The Fund agrees to use its reasonable best efforts to deliver to DST in Kansas City, Missouri, as soon as they are available, all of its shareholder account records. D. DST, utilizing TA2000(R), DST's computerized data processing system systems for securityholder accounting (the "TA2000 System" for open-end funds and "STS System" for closed-end funds and the "Systems" for both the TA2000(R) and STS Systems, jointly and severally), and subject to the provisions of Sections 19, 20 and 21 of this Agreement, will perform the following services as transfer and transfer, dividend disbursing and shareholders' servicing agent for the Fund, and as agent of the Fund for shareholder accounts thereof, in a timely manner: issuing (including countersigning), transferring and canceling share certificates, if any; maintaining all shareholder accounts; providing transaction journals; as requested by the Fund and subject to payment by the Fund of an additional fee, preparing shareholder meeting lists (one annually at no charge, lists for use in connection with any annual or special meeting and arrange for an affiliate to printadditional meetings will be charged for), mail and receive back mailing proxies and to certify proxy materials, receiving and tabulating proxies, certifying the shareholder votes of the in Fund of any portfolios thereof(all proxy activities are subject to proxy fees and reimbursable fees); mailing shareholder reports and prospectusesprospectuses supplied to DST by Fund or its agents; withholding, as required by federal lawFederal law and as directed by Fund, taxes on shareholder nonresident alien and foreign corporation accounts, disbursing income dividends for pension and capital gains distributions to shareholders, preparing, filing and mailing U.S. Treasury Department Forms 1099, 1042, and 1042S and performing and paying backup withholding as required for all shareholders; preparing and mailing confirmation forms to shareholders and dealers, as instructed, for all purchases and liquidations of shares of the Fund and other confirmable transactions in shareholders' accounts; recording reinvestment of dividends and distributions in shares of the Fund; providing or making available on-line daily and monthly reports as provided by the TA2000 System and as requested by the Fund or its management company; maintaining those records necessary to carry out DST's duties hereunder, including all information reasonably required by the Fund to account for all transactions in the Fund shares, calculating the appropriate sales charge with respect to each purchase of the Fund shares as set forth in the prospectus for the Fund, determining the portion of each sales charge payable to the dealer participating in a sale in accordance with schedules delivered to DST by the Fund's principal underwriter or distributor (hereinafter "principal underwriter") from time to time, disbursing dealer commissions collected to such dealers, determining the portion of each sales charge payable to such principal underwriter and disbursing such commissions to the principal underwriter; receiving correspondence pertaining to any former, existing or new shareholder account, processing such correspondence for proper recordkeeping, and responding promptly to shareholder correspondence; mailing to dealers confirmations of wire order trades; mailing copies of shareholder statements to shareholders and registered representatives of dealers in accordance with the Fund's instructions; interfacing with, accepting and effectuating order for transactions and registration and maintenance information, all on an automated basis, from, and providing advices to the Fund's custodian bank and to the Fund's settlement bank in connection with the settling of such transactions, with, the National Securities Clearing Corporation ("NSCC") pertaining to NSCC's Fund/SERV and Networking programs; and processing, generally on the date of receipt, purchases or redemptions or instructions to settle any mail or wire order purchases or redemptions received in proper order as set forth in the prospectus, rejecting promptly any requests not received in proper order (as defined by the Fund or its agents), and causing exchanges of shares to be executed in accordance with the Fund's instructions and prospectus and the general exchange privilege applicable. E. At the request of Fund, DST shall use reasonable efforts to provide the services set forth in Section 4.D. other than through DST's usual methods of and procedures to utilize the TA2000 System, that is by using methods and procedures other than those usually employed by DST to perform services requiring more manual intervention by DST, either in the entry of data, in the maintenance of account lists and/or the effecting of transactions with respect to timers and accounts subject to agreements with timers, or in the modification or amendment of reports generated by the TA2000 System, or which provides information to DST after the commencement of the nightly processing cycle of the TA2000 System, thereby decreasing the effective time for performance by DST (the "Exception Services"). F. DST shall use reasonable efforts to provide, reasonably promptly under the circumstances, the same transfer agent services with respect to any new, additional functions or features or any changes or improvements to existing functions or features as provided for in the Fund's instructions, prospectus or application as amended from time to time, for the Fund provided (i) DST is advised in advance by the Fund of any changes therein and (ii) the TA2000 System and the mode of operations utilized by DST as then constituted supports such additional functions and features. If any addition to, improvement of or change in the features and functions currently provided by the TA2000 System or the operations as requested by the Fund requires an enhancement or modification to the TA2000 System or to operations as then conducted by DST, DST shall not be liable therefore until such modification or enhancement is installed on the TA2000 System or new mode of operation is instituted. If any new, additional function or feature or change or improvement to existing functions or features or new service or mode of operation measurably increases DST's cost of performing the services required hereunder at the current level of service, DST shall advise the Fund of the amount of such increase and if the Fund elects to utilize such function, feature or service, DST shall be entitled to increase its fees by the amount of the increase in costs. In no event shall DST be responsible for or liable to provide any additional function, feature, improvement or change in method of operation until it has consented thereto in writing. G. The Fund shall have the right to add new series to the TA2000 System upon at least thirty (30) days' prior written notice to DST provided that the requirements of the new series are generally consistent with services then being provided by DST under this Agreement. Rates or charges for additional series shall be as set forth in Exhibit A, as hereinafter defined, for the remainder of the contract term except as such series use functions, features or characteristics for which DST has imposed an additional charge as part of its standard pricing schedule. In the latter event, rates and charges shall be in accordance with DST's then-standard pricing schedule.deferred

Appears in 1 contract

Samples: Transfer Agency Agreement (Pilgrim Equity Trust)

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