Common use of Shareholder Communication Clause in Contracts

Shareholder Communication. a. Fund Company shall arrange with a mailing agent designated by Schwab for the distribution of the materials listed below to all of Xxxxxx’x customers who hold Fund shares, which distribution shall be so arranged by Fund Company as to occur immediately upon the effective date of the materials: i. All proxy or information statements prepared for circulation to shareholders of record of such Fund; ii. Annual reports; iii. Semi-annual reports; iv. Quarterly reports (if applicable); and v. All updated prospectuses, supplements and amendments thereto. Fund Company shall be responsible for providing the materials and for the mailing agent’s fees in connection with this service as well as for timely distribution. Fund Company agrees to have the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing is identical for all Funds in the Fund Company family. b. In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective dates, to customers and prospective customers requesting them through Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. Fund Company shall notify Schwab immediately of any change to a Fund’s prospectus. c. Fund Company shall ensure that the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 1990, all applicable rules and regulations under any of such statutes, and any and all laws, rules and regulations that may be adopted and become applicable in the future. d. Fund Company shall ensure that the prospectus of each of its Funds discloses (i) that a broker may charge transaction fees on the purchase and/or sale of Fund shares, (ii) that duplicate mailings of Fund material to shareholders who reside at the same address may be eliminated, (iii) that the performance of the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, (iv) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, and (v) that the annual report contains additional performance information and will be made available to investors upon request and without charge. x. Xxxxxx shall mail statements to its customers on a monthly basis (or as to accounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx shall respond to customer inquiries regarding, among other things, share prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreement, Schwab shall provide average cost basis reporting to assist customers in the preparation of income tax returns.

Appears in 2 contracts

Samples: Operating Agreement (Pacific Global Fund Inc), Operating Agreement (Pacific Global Fund Inc)

AutoNDA by SimpleDocs

Shareholder Communication. a. (i) Fund Company shall arrange with Schwab, or a mailing agent designated or approved by Schwab Schwab, for the distribution of the materials listed below to all of Xxxxxx’x customers who hold Fund shares, which distribution shall be so arranged by Fund Company as to occur immediately upon the effective date of the materials: i. (1) All proxy or information statements prepared for circulation to shareholders of record of such Fund; ii. (2) Annual reports; iii. (3) Semi-annual reports; iv. (4) Quarterly reports (if applicable); and v. (5) All updated prospectuses, supplements and amendments thereto. Fund Company shall be responsible for providing the materials and for Schwab or the mailing agent’s fees in connection with this service as well as for timely distribution. Fund Company agrees to have Schwab or the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing is identical for all Funds in the Fund Company family. b. (ii) In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its own expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective dates, to customers and prospective customers requesting them through Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. Fund Company shall notify Schwab immediately of any change to a Fund’s prospectus. c. (iii) If Schwab acts as clearing broker in an omnibus relationship with a correspondent bank or broker (“Correspondent”), upon the request of Schwab, Fund Company shall ensure that also provide to Schwab, in a timely manner, sufficient supplies of Fund materials identified in Sections 9(b)(i) and 5(b)(ii) for Schwab to give to Correspondent for the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 1990, all applicable rules and regulations under any distribution of such statutes, and any and all laws, rules and regulations that may be adopted and become applicable in the futurematerials to Correspondent’s customers who hold Fund shares. d. (iv) Fund Company shall ensure that the prospectus of each of its Funds discloses (i) that a broker may charge transaction fees on the purchase and/or sale of Fund shares. Fund Company shall also ensure that either the prospectus, or the statement of additional information (ii“SAI”) that duplicate mailings if the SAI is incorporated in the prospectus, of each of its Funds discloses that: (1) the Fund material has authorized one or more brokers to shareholders who reside receive on its behalf purchase and redemption Orders; (2) such brokers are authorized to designate other intermediaries to receive purchase and redemption Orders on the Fund’s behalf; (3) the Fund will be deemed to have received a purchase or redemption Order when an authorized broker or, if applicable, a broker’s authorized designee, receives the Order; (4) customer Orders will be priced at the same address may be eliminated, Fund’s Net Asset Value next computed after they are received by an authorized broker or the broker’s authorized designee and accepted by the Fund; (iii5) that the performance of the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, ; (iv6) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, and ; and (v7) that the annual report contains additional performance information and will be made available to investors upon request and without charge. x. Xxxxxx shall mail (v) Schwab mails statements to its customers on a monthly basis (or as to accounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx shall respond (vi) Schwab responds to customer inquiries regarding, among other things, share prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreementcustomers, Schwab shall provide provides average cost basis reporting to assist customers in the preparation of income tax returns.

Appears in 2 contracts

Samples: Operating Agreement (Pacific Global Fund Inc), Operating Agreement (GMO Series Trust)

Shareholder Communication. a. (i) Fund Company shall arrange with Schwab, or a mailing agent designated or approved by Schwab Schwab, for the distribution of the materials listed below to all of Xxxxxx’x Xxxxxx'x customers who hold Fund shares, which distribution shall be so arranged by Fund Company as to occur immediately upon the effective date of the materials: i. (1) All proxy or information statements prepared for circulation to shareholders of record of such Fund; ii. (2) Annual reports; iii. (3) Semi-annual reports; iv. (4) Quarterly reports (if applicable); and v. (5) All updated prospectuses, supplements supplements, and amendments thereto. Fund Company shall be responsible for providing the materials and for Schwab or the mailing agent’s 's fees in connection with this service as well as for timely distribution. Fund Company agrees to have Schwab or the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing material to be mailed is identical for all Funds in the Fund Company familysuch Funds. b. (ii) In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its own expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective dates, to customers and prospective customers requesting them through Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. Fund Company shall notify Schwab immediately of any change to a Fund’s 's prospectus. c. (iii) If Schwab acts as clearing broker in an omnibus relationship with a correspondent bank or broker ("Correspondent"), upon the request of Schwab, Fund Company shall ensure that also provide to Schwab, in a timely manner, sufficient supplies of Fund materials identified in Sections 11(b)(i) and 11(b)(ii) for Schwab to give to Correspondent for the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 1990, all applicable rules and regulations under any distribution of such statutes, and any and all laws, rules and regulations that may be adopted and become applicable in the futurematerials to Correspondent's customers. d. (iv) Fund Company shall ensure that the prospectus of each Fund discloses that the purchase or sale of Fund shares through intermediaries may be subject to transaction fees or other different or additional fees, and includes such other disclosures as may be required by applicable laws, rules and regulations. Fund Company shall also ensure that either the prospectus, or the statement of additional information ("SAI") if the SAI is incorporated in the prospectus, of each of its Funds discloses that: (i1) that a broker may charge transaction fees the Fund has authorized one or more brokers to receive on its behalf purchase and redemption Orders; (2) such brokers are authorized to designate other intermediaries to receive purchase and redemption Orders on the Fund's behalf; (3) the Fund will be deemed to have received a purchase and/or sale of Fund sharesor redemption Order when an authorized broker or, if applicable, a broker's authorized designee, receives the Order; and (ii4) that duplicate mailings of Fund material to shareholders who reside customer Orders will be priced at the same address may be eliminated, (iii) that Fund's Net Asset Value next computed after they are received by an authorized broker or the performance of broker's authorized designee and accepted by the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, (iv) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, and Fund. (v) that the annual report contains additional performance information and will be made available to investors upon request and without charge. x. Xxxxxx shall mail Schwab mails statements to its customers on a monthly basis (or as to accounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx shall respond (vi) Schwab responds to customer inquiries regarding, among other things, share prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreementcustomers, Schwab shall provide provides average cost basis reporting to assist customers in the preparation of income tax returns.

Appears in 1 contract

Samples: Load Fund Operating Agreement (JNL Investors Series Trust)

Shareholder Communication. a. (i) Fund Company shall arrange with Schwab, or a mailing agent designated or approved by Schwab Schwab, for the distribution of the materials listed below to all of Xxxxxx’x customers who hold Fund shares, which distribution shall be so arranged by Fund Company as to occur immediately upon the effective date of the materials: i. (1) All proxy or information statements prepared for circulation to shareholders of record of such Fund; ii. (2) Annual reports; iii. (3) Semi-annual reports; iv. (4) Quarterly reports (if applicable); and v. (5) All updated prospectuses, supplements supplements, and amendments thereto. Fund Company shall be responsible for providing the materials and for Schwab or the mailing agent’s fees in connection with this service as well as for timely distribution. Fund Company Parties agrees to have Schwab or the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing material to be mailed is identical for all Funds in the Fund Company familysuch Funds. b. (ii) In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its own expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective dates, to customers and prospective customers requesting them through Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. Fund Company shall notify Schwab immediately of any change to a Fund’s prospectus. c. (iii) If Schwab acts as clearing broker in an omnibus relationship with a correspondent bank or broker (“Correspondent”), upon the request of Schwab, Fund Company shall ensure that also provide to Schwab, in a timely manner, sufficient supplies of Fund materials identified in Sections 11(b)(i) and 11(b)(ii) for Schwab to give to Correspondent for the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 1990, all applicable rules and regulations under any distribution of such statutes, and any and all laws, rules and regulations that may be adopted and become applicable in the futurematerials to Correspondent’s customers. d. (iv) Fund Company shall ensure that the prospectus of each Fund discloses that the purchase or sale of Fund shares through intermediaries may be subject to transaction fees or other different or additional fees, and includes such other disclosures as may be required by applicable laws, rules and regulations. Fund Company shall also ensure that either the prospectus, or the statement of additional information (“SAI”) if the SAI is incorporated in the prospectus, of each of its Funds discloses that: (i1) that a broker may charge transaction fees the Fund has authorized one or more brokers to receive on its behalf purchase and redemption Orders; (2) such brokers are authorized to designate other intermediaries to receive purchase and redemption Orders on the Fund’s behalf; (3) the Fund will be deemed to have received a purchase and/or sale of Fund sharesor redemption Order when an authorized broker or, if applicable, a broker’s authorized designee, receives the Order; and (ii4) that duplicate mailings of Fund material to shareholders who reside customer Orders will be priced at the same address may be eliminated, (iii) that Fund’s Net Asset Value next computed after they are received by an authorized broker or the performance of broker’s authorized designee and accepted by the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, (iv) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, and Fund. (v) that the annual report contains additional performance information and will be made available to investors upon request and without charge. x. Xxxxxx shall mail Schwab mails statements to its customers on a monthly basis (or as to accounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx shall respond (vi) Schwab responds to customer inquiries regarding, among other things, share prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreementcustomers, Schwab shall provide provides average cost basis reporting to assist customers in the preparation of income tax returns.

Appears in 1 contract

Samples: Load Fund Operating Agreement (Seligman Core Fixed Income Fund, Inc)

Shareholder Communication. a. Fund Company shall arrange with Schwab, or a mailing agent designated or approved by Schwab Schwab, for the distribution of the materials listed below to all of Xxxxxx’x customers Schwxx'x xxxtomers who hold Fund shares, which distribution shall be so arranged by Fund Company as to occur immediately upon the effective date of the materials: i. All proxy or information statements prepared for circulation to shareholders of record of such Fund; ii. Annual reports; iii. Semi-annual reports; iv. Quarterly reports (if applicable); and v. All updated prospectuses, supplements and amendments thereto. Fund Company shall be responsible for providing the materials and for Schwab or the mailing agent’s 's fees in connection with this service as well as for timely distribution. Fund Company agrees to have Schwab or the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing is identical for all Funds in the Fund Company family. b. In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its own expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective dates, to customers and prospective customers requesting them through Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. Fund Company shall notify Schwab immediately of any change to a Fund’s 's prospectus. c. If Schwab acts as clearing broker in an omnibus relationship with a correspondent bank or broker ("Correspondent"), upon the request of Schwab, Fund Company shall ensure that also provide to Schwab, in a timely manner, sufficient supplies of Fund materials identified in Sections 10(a) and 10(b) for Schwab to give to Correspondent for the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 1990, all applicable rules and regulations under any distribution of such statutes, and any and all laws, rules and regulations that may be adopted and become applicable in the futurematerials to Correspondent's customers who hold Fund shares. d. Fund Company shall ensure that the prospectus of each of its Funds discloses (i) that a broker may charge transaction fees on the purchase and/or sale of Fund shares. Fund Company shall also ensure that either the prospectus, or the statement of additional information if the statement of additional information is incorporated in the prospectus, of each of its Funds discloses (ii) that duplicate mailings of Fund material to shareholders who reside at the same address may be eliminated, (iiii) that the performance of the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, (ivii) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, and (viii) that the annual report contains additional performance information and will be made available to investors upon request and without charge. x. Xxxxxx shall e. Sxxxxx xxxll mail statements to its customers on a monthly basis (or as to accounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx shall f. Sxxxxx xxxll respond to customer inquiries regarding, among other things, share prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreement, Schwab shall provide average cost basis reporting to assist customers in the preparation of income tax returns.

Appears in 1 contract

Samples: Operating Agreement (Thompson Unger & Plumb Funds Inc)

Shareholder Communication. a. (i) Fund Company shall arrange with Schwab, or a mailing agent designated or approved by Schwab Schwab, for the distribution of the materials listed below to all of Xxxxxx’x Schwab's customers who hold Fund hoxx Xxxx shares, which distribution shall be so arranged by Fund Company as to occur immediately upon the effective date of the materials: i. (1) All proxy or information statements prepared for circulation to shareholders of record of such Fund; ii. (2) Annual reports; iii. (3) Semi-annual reports; iv. (4) Quarterly reports (if applicable); and v. (5) All updated prospectuses, supplements supplements, and amendments thereto. Fund Company shall be responsible for providing the materials and for Schwab or the mailing agent’s 's fees in connection with this service as well as for timely distribution. Fund Company agrees to have Schwab or the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing material to be mailed is identical for all Funds in the Fund Company familysuch Funds. b. (ii) In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its own expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective dates, to customers and prospective customers requesting them through Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. Fund Company shall notify Schwab immediately of any change to a Fund’s 's prospectus. c. (iii) If Schwab acts as clearing broker in an omnibus relationship with a correspondent bank or broker ("Correspondent"), upon the request of Schwab, Fund Company shall ensure that also provide to Schwab, in a timely manner, sufficient supplies of Fund materials identified in Sections 11(b)(i) and 11(b)(ii) for Schwab to give to Correspondent for the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 1990, all applicable rules and regulations under any distribution of such statutes, and any and all laws, rules and regulations that may be adopted and become applicable in the futurematerials to Correspondent's customers. d. (iv) Fund Company shall ensure that the prospectus of each Fund discloses that the purchase or sale of Fund shares through intermediaries may be subject to transaction fees or other different or additional fees, and includes such other disclosures as may be required by applicable laws, rules and regulations. Fund Company shall also ensure that either the prospectus, or the statement of additional information ("SAI") if the SAI is incorporated in the prospectus, of each of its Funds discloses that: (i1) that a broker may charge transaction fees the Fund has authorized one or more brokers to receive on its behalf purchase and redemption Orders; (2) such brokers are authorized to designate other intermediaries to receive purchase and redemption Orders on the Fund's behalf; (3) the Fund will be deemed to have received a purchase and/or sale of Fund sharesor redemption Order when an authorized broker or, if applicable, a broker's authorized designee, receives the Order; and (ii4) that duplicate mailings of Fund material to shareholders who reside customer Orders will be priced at the same address may be eliminated, (iii) that Fund's Net Asset Value next computed after they are received by an authorized broker or the performance of broker's authorized designee and accepted by the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, (iv) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, and Fund. (v) that the annual report contains additional performance information and will be made available to investors upon request and without charge. x. Xxxxxx shall mail Schwab mails statements to its customers on a monthly basis (or as to accounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx shall respond (vi) Schwab responds to customer inquiries regarding, among other things, share prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreementcustomers, Schwab shall provide provides average cost basis reporting to assist customers in the preparation of income tax returns.

Appears in 1 contract

Samples: Load Fund Operating Agreement (Alliancebernstein Large Cap Growth Fund Inc)

Shareholder Communication. a. Fund Company shall arrange with Schwab, or a mailing agent designated or approved by Schwab Schwab, for the distribution of the materials listed below to all of Xxxxxx’x customers Schwxx'x xxxtomers who hold Fund shares, which distribution shall be so arranged by Fund Company as to occur immediately upon the effective date of the materials: i. All proxy or information statements prepared for circulation to shareholders of record of such Fund; ii; iii. Annual reports; ; iii. Semi-annual reports; ; iv. Quarterly reports (if applicable); and and v. All updated prospectuses, supplements and amendments thereto. Fund Company shall be responsible for providing the materials and for Schwab or the mailing agent’s 's fees in connection with this service as well as for timely distribution. Fund Company agrees to have Schwab or the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing is identical for all Funds in the Fund Company family. b. In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its own expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective dates, to customers and prospective customers requesting them through Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. Fund Company shall notify Schwab immediately of any change to a Fund’s 's prospectus. c. If Schwab acts as clearing broker in an omnibus relationship with a correspondent bank or broker ("Correspondent"), Fund Company shall also provide to Schwab, in a timely manner, sufficient supplies of Fund materials identified in Sections 10(a) and 10(b) for Schwab to give to Correspondent for the distribution of such materials to Correspondent's customers who hold Fund shares. d. Fund Company shall ensure that the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 19901940 Act, as amended, all applicable rules and regulations under any of each such statutesstatute, and any and all laws, rules and regulations that may be adopted and become applicable in the future. d. e. Fund Company shall ensure that the prospectus of each of its Funds discloses (i) that a broker may charge transaction fees on the purchase and/or sale of Fund shares, (ii) that duplicate mailings of Fund material to shareholders who reside at the same address may be eliminated, (iii) that the performance of the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, (iv) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, and (v) that the annual report contains additional performance information and will be made available to investors upon request and without charge. x. Xxxxxx shall mail statements to its customers on a monthly basis (or as to accounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx shall respond to customer inquiries regarding, among other things, share prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreement, Schwab shall provide average cost basis reporting to assist customers in the preparation of income tax returns.,

Appears in 1 contract

Samples: Operating Agreement (Roulston Family of Funds)

Shareholder Communication. a. Fund Company shall arrange with a mailing agent designated by Schwab for the distribution of the materials listed below to all of Xxxxxx’x Xxxxxx'x customers who hold Fund shares, which distribution shall be so arranged by Fund Company as to occur immediately upon the effective date of the materials: i. All proxy or information statements prepared for circulation to shareholders of record of such Fund; ; ii. Annual reports; ; iii. Semi-annual reports; ; iv. Quarterly reports (if applicable); and and v. All updated prospectuses, supplements and amendments thereto. Fund Company shall be responsible for providing the materials and for the mailing agent’s 's fees in connection with this service as well as for timely distribution. Fund Company agrees to have the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing is identical for all Funds in the Fund Company family. b. In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective dates, to customers and prospective customers requesting them through Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. Fund Company shall notify Schwab immediately of any change to a Fund’s 's prospectus. c. Fund Company shall ensure that the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 1990, all applicable rules and regulations under any of such statutes, and any and all laws, rules and regulations that may be adopted and become applicable in the future. d. Fund Company shall ensure that the prospectus of each of its Funds discloses (i) that a broker may charge transaction fees on the purchase and/or sale of Fund shares, (ii) that duplicate mailings of Fund material to shareholders who reside at the same address may be eliminated, (iii) that the performance of the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, (iv) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, and (v) that the annual report contains additional performance information and will be made available to investors upon request and without charge. x. Xxxxxx shall mail statements to its customers on a monthly basis (or as to accounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx shall respond to customer inquiries regarding, among other things, share prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreement, Schwab shall provide average cost basis reporting to assist customers in the preparation of income tax returns.

Appears in 1 contract

Samples: Operating Agreement (Transamerica Investors Inc)

Shareholder Communication. a. (i) Fund Company shall arrange with Schwab, or a mailing agent designated or approved by Schwab Schwab, for the distribution of the materials listed below to all of Xxxxxx’x customers who hold Fund shares, which distribution shall be so arranged by Fund Company as to occur immediately upon the effective date of the materials: i. (A) All proxy or information statements prepared for circulation to shareholders of record of such Fund; ii. (B) Annual reports; iii. (C) Semi-annual reports; iv. (D) Quarterly reports (if applicable); and v. (E) All updated prospectuses, supplements and amendments thereto. Fund Company shall be responsible for providing the materials and for Schwab or the mailing agent’s fees in connection with this service as well as for timely distribution. Fund Company agrees to have Schwab or the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing is identical for all Funds in the Fund Company family. b. (ii) In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its own expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective dates, to customers and prospective customers requesting them through Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. Fund Company shall notify Schwab immediately of any change to a Fund’s prospectus. c. (iii) If Schwab acts as clearing broker in an omnibus relationship with a correspondent bank or broker (“Correspondent”), upon the request of Schwab, Fund Company shall ensure that also provide to Schwab, in a timely manner, sufficient supplies of Fund materials identified in Sections 5(b)(i) and 5(b)(ii) for Schwab to give to Correspondent for the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 1990, all applicable rules and regulations under any distribution of such statutes, and any and all laws, rules and regulations that may be adopted and become applicable in the futurematerials to Correspondent’s customers who hold Fund shares. d. (iv) Fund Company shall ensure that the prospectus of each of its Funds discloses (i) that a broker may charge transaction fees on the purchase and/or sale of Fund shares. Fund Company shall also ensure that either the prospectus, or the statement of additional information (ii“SAY”) that duplicate mailings if the SAI is incorporated in the prospectus, of each of its Funds discloses that: (A) the Fund material has authorized one or more brokers to shareholders who reside receive on its behalf purchase and redemption Orders; (B) such brokers are authorized to designate other intermediaries to receive purchase and redemption Orders on the Fund’s behalf; (C) the Fund will be deemed to have received a purchase or redemption Order when an authorized broker or, if applicable, a broker’s authorized designee, receives the Order; (D) customer Orders will be priced at the same address may be eliminated, Fund’s Net Asset Value next computed after they are received by an authorized broker or the broker’s authorized designee and accepted by the Fund; (iiiE) that the performance of the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, ; (ivF) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, and ; and (vG) that the annual report contains additional performance information and will be made available to investors upon request and without charge. x. Xxxxxx shall mail (v) Schwab mails statements to its customers on a monthly basis (or as to accounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx shall respond (vi) Schwab responds to customer inquiries regarding, among other things, share prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreement, Schwab shall provide provides average cost basis reporting to assist customers in the preparation of income tax returns.

Appears in 1 contract

Samples: Operating Agreement (GMO Series Trust)

Shareholder Communication. a. Fund Company shall arrange with Schwab, or a mailing agent designated or approved by Schwab Schwab, for the distribution of the materials listed below to all of Xxxxxx’x customers Schwxx'x xxxtomers who hold Fund shares, which distribution shall be so arranged by Fund Company as to occur immediately upon the effective date of the materials: i. All proxy or information statements prepared for circulation to shareholders of record of such Fund; ; ii. Annual reports; ; iii. Semi-annual reports; ; iv. Quarterly reports (if applicable); and and v. All updated prospectuses, supplements and amendments thereto. Fund Company shall be responsible for providing the materials and for Schwab or the mailing agent’s mailing, gent's fees in connection with this service as well as for timely distribution. Fund Company agrees to have Schwab or the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing is identical for all Funds in the Fund Company family. b. In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its own expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective dates, to customers and prospective customers requesting them through Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. Fund Company shall notify Schwab immediately of any change to a Fund’s 's prospectus. c. If Schwab acts as clearing broker in an omnibus relationship with a correspondent bank or broker ("Correspondent"), upon the request of Schwab, Fund Company shall ensure that also provide to Schwab, in a timely manner, sufficient supplies of Fund materials identified in Sections 10(a) and 10(b) for Schwab to give to Correspondent for the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 1990, all applicable rules and regulations under any distribution of such statutes, and any and all laws, rules and regulations that may be adopted and become applicable in the futurematerials to Correspondent's customers who hold Fund shares. d. Fund Company shall ensure that the prospectus of each of its Funds discloses (i) that a broker may charge transaction fees on the purchase and/or sale of Fund shares. Fund Company shall also ensure that either the prospectus, or the statement of additional information if the statement of additional information is incorporated in the prospectus, of each of its Funds discloses (ii) that duplicate mailings of Fund material to shareholders who reside at the same address may be eliminated, (iiii) that the performance of the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, (ivii) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, and (viii) that the annual report contains additional performance information and will be made available available' to investors upon request and without charge. x. Xxxxxx shall e. Sxxxxx xxxll mail statements to its customers on a monthly basis (or as to accounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx shall f. Sxxxxx xxxll respond to customer inquiries regarding, among other things, share prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreement, Schwab shall provide average cost basis reporting to assist customers in the preparation of income tax returns.

Appears in 1 contract

Samples: Operating Agreement (One Group)

AutoNDA by SimpleDocs

Shareholder Communication. a. Fund Company shall arrange with Schwab, or a mailing agent designated or approved by Schwab Schwab, for the distribution of the materials listed below to all of Xxxxxx’x Schwab's customers who hold Fund shares, which distribution shall be so arranged xx xx xrranged by Fund Company as to occur immediately upon the effective date of the materials: i. All proxy or information statements prepared for circulation to shareholders of record of such Fund; ; ii. Annual reports; ; iii. Semi-annual reports; ; iv. Quarterly reports (if applicable); and and v. All updated prospectuses, supplements and amendments thereto. Fund Company shall be responsible for providing the materials and for Schwab or the mailing agent’s 's fees in connection with this service as well as for timely distribution. Fund Company agrees to have Schwab or the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing is identical for all Funds in the Fund Company family. b. In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its own expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective dates, to customers and prospective customers requesting them through Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. Fund Company shall notify Schwab immediately of any change to a Fund’s 's prospectus. c. If Schwab acts as clearing broker in an omnibus relationship with a correspondent bank or broker ("Correspondent"), upon the request of Schwab, Fund Company shall ensure that also provide to Schwab, in a timely manner, sufficient supplies of Fund materials identified in Sections 12(a) and 12(b) for Schwab to give to Correspondent for the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 1990, all applicable rules and regulations under any distribution of such statutes, and any and all laws, rules and regulations that may be adopted and become applicable in the futurematerials to Correspondent's customers who hold Fund shares. d. Fund Company shall ensure that the prospectus of each of its Funds discloses (i) that a broker may charge transaction fees on the purchase and/or sale of Fund shares. Fund Company shall also ensure that either the prospectus, or the statement of additional information ("SAI") if the SAI is incorporated in the prospectus, of each of its Funds discloses (i) that the Fund has authorized one or more brokers to receive on its behalf purchase and redemption Orders; (ii) that duplicate mailings of such brokers are authorized to designate other intermediaries to receive purchase and redemption Orders on the Fund's behalf; (iii) that the Fund material will be deemed to shareholders who reside have received a purchase or redemption Order when an authorized broker or, if applicable, a broker's authorized designee, receives the Order; (iv) that customer Orders will be priced at the same address may be eliminated, Fund's Net Asset Value next computed after they are received by an authorized broker or the broker's authorized designee; (iiiv) that the performance of the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, ; (ivvi) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, ; and (vvii) that the annual report contains additional performance information and will be made available to investors upon request and without charge. If adequate disclosure is not currently contained in the prospectus (including any incorporated SAI), then it may be added at the next regular printing of the prospectus. x. Xxxxxx shall mail e. Schwab mails statements to its customers on a monthly basis basxx (or as to accounts xx xx xx xccounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx shall respond f. Schwab responds to customer inquiries regarding, among other thingsotxxx xxxxxx, share xxare prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreement, Schwab shall provide provides average cost basis reporting to assist customers in the preparation of income tax returns.

Appears in 1 contract

Samples: Operating Agreement (Firstar Funds Inc)

Shareholder Communication. a. Fund Company shall arrange with Schwab, or a mailing agent designated or approved by Schwab Schwab, for the distribution of the materials listed below to all of Xxxxxx’x customers Schwxx'x xxxtomers who hold Fund shares, which distribution shall be so arranged by Fund Company as to occur immediately upon the effective date of the materials: i. All proxy or information statements prepared for circulation to shareholders of record of such Fund; ; ii. Annual reports; ; iii. Semi-annual reports; ; iv. Quarterly reports (if applicable); and and v. All updated prospectuses, supplements and amendments thereto. Fund Company shall be responsible for providing the materials and for Schwab or the mailing agent’s 's fees in connection with this service as well as for timely distribution. Fund Company agrees to have Schwab or the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing is identical for all Funds in the Fund Company family. b. In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its own expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective dates, to customers and prospective customers requesting them through Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. Fund Company shall notify Schwab immediately of any change to a Fund’s 's prospectus. c. If Schwab acts as clearing broker in an omnibus relationship with a correspondent bank or broker ("Correspondent"), upon the request of Schwab, Fund Company shall ensure that also provide to Schwab, in a timely manner, sufficient supplies of Fund materials identified in Sections 10(a) and 10(b) for Schwab to give to Correspondent for the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 1990, all applicable rules and regulations under any distribution of such statutes, and any and all laws, rules and regulations that may be adopted and become applicable in the futurematerials to Correspondent's customers who hold Fund shares. d. Fund Company shall ensure that the prospectus of each of its Funds discloses (i) that a broker may charge transaction fees on the purchase and/or sale of Fund shares. Fund Company shall also ensure that either the prospectus, or the statement of additional information if the statement of additional information is incorporated in the prospectus, of each of its Funds discloses (ii) that duplicate mailings of Fund material to shareholders who reside at the same address may be eliminated, (iiii) that the performance of the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, (ivii) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, and (viii) that the annual report contains additional performance information and will be made available to investors upon request and without charge. x. Xxxxxx shall e. Sxxxxx xxxll mail statements to its customers on a monthly basis (or as to accounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx shall f. Sxxxxx xxxll respond to customer inquiries regarding, among other things, share prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreement, Schwab shall provide average cost basis reporting to assist customers in the preparation of income tax returns.

Appears in 1 contract

Samples: Services Agreement (Haven Capital Management Trust)

Shareholder Communication. a. Fund Company shall arrange with Schwab, or a mailing agent designated or approved by Schwab Schwab, for the distribution of the materials listed below to all of Xxxxxx’x Schwab's customers who hold Fund xxxx Xxxd shares, which distribution shall be so arranged by Fund Company as to occur immediately upon the effective date of the materials: i. All proxy or information statements prepared for circulation to shareholders of record of such Fund; ; ii. Annual reports; ; iii. Semi-annual reports; ; iv. Quarterly reports (if applicable); and and v. All updated prospectuses, supplements and amendments thereto. Fund Company shall be responsible for providing the materials and for Schwab or the mailing agent’s 's fees in connection with this service as well as for timely distribution. Fund Company agrees to have Schwab or the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing is identical for all Funds in the Fund Company family. b. In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its own expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective dates, to customers and prospective customers requesting them through Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. Fund Company shall notify Schwab immediately of any change to a Fund’s 's prospectus. c. If Schwab acts as clearing broker in an omnibus relationship with a correspondent bank or broker ("Correspondent"), upon the request of Schwab, Fund Company shall ensure that also provide to Schwab, in a timely manner, sufficient supplies of Fund materials identified in Sections 10(a) and 10(b) for Schwab to give to Correspondent for the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 1990, all applicable rules and regulations under any distribution of such statutes, and any and all laws, rules and regulations that may be adopted and become applicable in the futurematerials to Correspondent's customers who hold Fund shares. d. Fund Company shall ensure that the prospectus of each of its Funds discloses (i) that a broker may charge transaction fees on the purchase and/or sale of Fund shares. Fund Company shall also ensure that either the prospectus, or the statement of additional information if the statement of additional information is incorporated in the prospectus, of each of its Funds discloses (ii) that duplicate mailings of Fund material to shareholders who reside at the same address may be eliminated, (iiii) that the performance of the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, (ivii) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, and (viii) that the annual report contains additional performance information and will be made available to investors upon request and without charge. x. Xxxxxx e. Schwab shall mail statements maix xxxxxxxxxx to its customers on a monthly basis (or as to accounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx f. Schwab shall respond to customer resxxxx xx xxxxxmer inquiries regarding, among other things, share prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreement, Schwab shall provide average cost basis reporting to assist customers in the preparation of income tax returns.

Appears in 1 contract

Samples: Services Agreement (Tocqueville Alexis Trust)

Shareholder Communication. a. (i) Fund Company shall arrange with Schwab, or a mailing agent designated or approved by Schwab Schwab, for the distribution of the materials listed below to all of Xxxxxx’x customers who hold Fund shares, which distribution shall be so arranged by Fund Company as to occur immediately upon the effective date of the materials: i. (1) All proxy or information statements prepared for circulation to shareholders of record of such Fund; ii. (2) Annual reports; iii. (3) Semi-annual reports; iv. (4) Quarterly reports (if applicable); and v. (5) All updated prospectuses, supplements and amendments thereto. Fund Company shall be responsible for providing the materials and for Schwab or the mailing agent’s fees in connection with this service as well as for timely distribution. Fund Company First Focus Form 6v4 agrees to have Schwab or the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing is identical for all Funds in the Fund Company family. b. (ii) In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its own expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective dates, to customers and prospective customers requesting them through Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. Fund Company shall notify Schwab immediately of any change to a Fund’s prospectus. c. (iii) If Schwab acts as clearing broker in an omnibus relationship with a correspondent bank or broker (“Correspondent”), upon the request of Schwab, Fund Company shall ensure that also provide to Schwab, in a timely manner, sufficient supplies of Fund materials identified in Sections 9(b)(i) and 5(b)(ii) for Schwab to give to Correspondent for the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 1990, all applicable rules and regulations under any distribution of such statutes, and any and all laws, rules and regulations that may be adopted and become applicable in the futurematerials to Correspondent’s customers who hold Fund shares. d. (iv) Fund Company shall ensure that the prospectus of each Fund discloses that the purchase or sale of Fund shares through intermediaries may be subject to transaction fees or other different or additional fees, and includes such other disclosures as may be required by applicable laws, rules and regulations. Fund Company shall also ensure that either the prospectus, or the statement of additional information (“SAI”) if the SAI is incorporated in the prospectus, of each of its Funds discloses that: (i1) that a broker may charge transaction fees the Fund has authorized one or more brokers to receive on its behalf purchase and redemption Orders; (2) such brokers are authorized to designate other intermediaries to receive purchase and redemption Orders on the Fund’s behalf; (3) the Fund will be deemed to have received a purchase and/or sale of Fund sharesor redemption Order when an authorized broker or, if applicable, a broker’s authorized designee, receives the Order; and (ii4) that duplicate mailings of Fund material to shareholders who reside customer Orders will be priced at the same address may be eliminated, (iii) that Fund’s Net Asset Value next computed after they are received by an authorized broker or the performance of broker’s authorized designee and accepted by the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, (iv) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, and Fund. (v) that the annual report contains additional performance information and will be made available to investors upon request and without charge. x. Xxxxxx shall mail Schwab mails statements to its customers on a monthly basis (or as to accounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx shall respond (vi) Schwab responds to customer inquiries regarding, among other things, share prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreementcustomers, Schwab shall provide provides average cost basis reporting to assist customers in the preparation of income tax returns.

Appears in 1 contract

Samples: Operating Agreement (First Focus Funds Inc)

Shareholder Communication. a. (i) Fund Company shall arrange with Schwab, or a mailing agent designated or approved by Schwab Schwab, for the distribution of the materials listed below to all of Xxxxxx’x Sxxxxx'x customers who hold Fund shares, which distribution shall be so arranged by Fund Company as to occur immediately upon the effective date of the materials: i. (1) All proxy or information statements prepared for circulation to shareholders of record of such Fund; ii. (2) Annual reports; iii. (3) Semi-annual reports; iv. (4) Quarterly reports (if applicable); and v. (5) All updated prospectuses, supplements and amendments thereto. Fund Company shall be responsible for providing the materials and for Schwab or the mailing agent’s 's fees in connection with this service as well as for timely distribution. Fund Company agrees to have Schwab or the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing is identical for all Funds in the Fund Company family. b. (ii) In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its own expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective dates, to customers and prospective customers requesting them through Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. Fund Company shall notify Schwab immediately of any change to a Fund’s 's prospectus. c. (iii) If Schwab acts as clearing broker in an omnibus relationship with a correspondent bank or broker ("Correspondent"), upon the request of Schwab, Fund Company shall ensure that also provide to Schwab, in a timely manner, sufficient supplies of Fund materials identified in Sections 9(b)(i) and 5(b)(ii) for Schwab to give to Correspondent for the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 1990, all applicable rules and regulations under any distribution of such statutes, and any and all laws, rules and regulations that may be adopted and become applicable in the futurematerials to Correspondent's customers who hold Fund shares. d. (iv) Fund Company shall ensure that the prospectus of each of its Funds discloses (i) that a broker may charge transaction fees on the purchase and/or sale of Fund shares. Fund Company shall also ensure that either the prospectus, or the statement of additional information (ii"SAI") that duplicate mailings if the SAI is incorporated in the prospectus, of each of its Funds discloses that: (1) the Fund material has authorized one or more brokers to shareholders who reside receive on its behalf purchase and redemption Orders; (2) such brokers are authorized to designate other intermediaries to receive purchase and redemption Orders on the Fund's behalf; (3) the Fund will be deemed to have received a purchase or redemption Order when an authorized broker or, if applicable, a broker's authorized designee, receives the Order; (4) customer Orders will be priced at the same address may be eliminated, Fund's Net Asset Value next computed after they are received by an authorized broker or the broker's authorized designee and accepted by the Fund; (iii5) that the performance of the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, ; (iv6) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, and ; and (v7) that the annual report contains additional performance information and will be made available to investors upon request and without charge. x. Xxxxxx shall mail (v) Schwab mails statements to its customers on a monthly basis (or as to accounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx shall respond (vi) Schwab responds to customer inquiries regarding, among other things, share prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreementcustomers, Schwab shall provide provides average cost basis reporting to assist customers in the preparation of income tax returns.

Appears in 1 contract

Samples: Operating Agreement (Westcore Trust)

Shareholder Communication. a. Fund Company shall arrange with Schwab, or a mailing agent designated or approved by Schwab Schwab, for the distribution of the materials listed below to all of Xxxxxx’x customers Schwxx'x xxxtomers who hold Fund shares, which distribution shall be so arranged by Fund Company as to occur immediately upon the effective date of the materials: i. All proxy or information statements prepared for circulation to shareholders of record of such Fund; ; ii. Annual reports; ; iii. Semi-annual reports; ; iv. Quarterly reports (if applicable); and and v. All updated prospectuses, supplements and amendments thereto. Fund Company shall be responsible for providing the materials and for Schwab or the mailing agent’s mailing, gent's fees in connection with this service as well as for timely distribution. Fund Company agrees to have Schwab or the mailing agent consolidate mailings of material to shareholders of more than one Fund if the mailing is identical for all Funds in the Fund Company family. b. In addition to the materials listed above, Fund Company agrees to provide directly to Schwab all prospectuses, statements of additional information and supplements and amendments thereto, and annual and other periodic reports for each Fund in amounts reasonably requested by Schwab for distribution to its customers. Fund Company is obligated to supply these materials to Schwab in a timely manner so as to allow Schwab, at its own expense, to send current prospectuses and statements of additional information and periodic reports, immediately upon their effective datestheir c. If Schwab acts as clearing broker in an omnibus relationship with a correspondent bank or broker ("Correspondent"), to customers and prospective customers requesting them through upon the request of Schwab. Schwab will also send a current Fund prospectus with purchase trade confirmations for the initial purchase of a Fund. , Fund Company shall notify also provide to Schwab, in a timely manner, sufficient supplies of Fund materials identified in Sections 10(a) and 10(b) for Schwab immediately of any change to a Fund’s prospectus. c. Fund Company shall ensure that give to Correspondent for the foregoing materials shall be in compliance with all applicable provisions of the Securities Act of 1933, as amended, the Securities Exchange Act of 1934, as amended, the Shareholder Communications Improvement Act of 1990, all applicable rules and regulations under any distribution of such statutes, and any and all laws, rules and regulations that may be adopted and become applicable in the futurematerials to Correspondent's customers who hold Fund shares. d. Fund Company shall ensure that the prospectus of each of its Funds discloses (i) that a broker may charge transaction fees on the purchase and/or sale of Fund shares. Fund Company shall also ensure that either the prospectus, or the statement of additional information if the statement of additional information is incorporated in the prospectus, of each of its Funds discloses (ii) that duplicate mailings of Fund material to shareholders who reside at the same address may be eliminated, (iiii) that the performance of the Fund may be compared in publications to the performance of various indices and investments for which reliable performance data is available, (ivii) that the performance of the Fund may be compared in publications to averages, performance rankings, or other information prepared by recognized mutual fund statistical services, and (viii) that the annual report contains additional performance information and will be made available available' to investors upon request and without charge. x. Xxxxxx shall e. Sxxxxx xxxll mail statements to its customers on a monthly basis (or as to accounts in which there has been no activity in a particular month, no less frequently than quarterly) showing, among other things, the number of shares of each Fund owned by such customer and the net asset value of each such Fund as of a recent date. x. Xxxxxx shall f. Sxxxxx xxxll respond to customer inquiries regarding, among other things, share prices, account balances, dividend amounts and dividend payment dates. With respect to Fund shares purchased by customers after the effective date of this Agreement, Schwab shall provide average cost basis reporting to assist customers in the preparation of income tax returns.

Appears in 1 contract

Samples: Operating Agreement (One Group)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!