Common use of Transactions Subject to Fund/SERV Clause in Contracts

Transactions Subject to Fund/SERV. Trust Entity certifies that all Instructions delivered to the Fund Agent on any Business Day shall have been received by the Trust Entity or its designee from the Client-shareholder by the close of a Fund (generally 4:00 p.m. Eastern Time (“ET”) other than a money market fund, which generally closes multiple times each day. For a Fund that closes multiple times each day, the Trust Entity certifies that all Instructions delivered to the Fund Agent on any Business Day shall have been received by the Trust Entity or its designee from the Client-shareholder by the applicable close of the applicable Fund) (each close of a Fund, a “Market Close” and the final close on a Business Day of a Fund, the “Close of Trading”). Trust Entity further certifies that any Instructions received by it after the Close of Trading on any given Business Day will be transmitted to Fund Company on the next Business Day. Trust Entity further certifies that all such Instructions received by it or its designee from a Client-shareholder by the Close of Trading on any Business Day will be delivered to Fund Company on such Business Day. Each Instruction shall be deemed to be accompanied by a representation by the Trust Entity that it has received proper authorization from each person whose purchase, redemption, account transfer or exchange transaction is effected as a result of such Instruction. Fund Agent will make available to Trust Entity, via DTCC’s Mutual Fund Service Profile II a list of the states or other jurisdictions in which shares are eligible for sale, which list may be revised from time to time. Trust Entity agrees to offer or make available shares only in the states and other jurisdictions appearing on the most recent list made available by Fund Agent. Trust Entity will not knowingly accept or act upon any instructions to purchase shares from a Client-shareholder located outside the United States of America or for the account of any non-U.S. person. Fund Agent agrees to provide each Fund, each Fund’s transfer agent and/or other parties designated by them with an automated file in a form mutually agreeable to JPMDS and Fund Agent, on a daily basis, containing information necessary for the Fund to make blue sky and other regulatory filings, including, without limitation: (1) the amount of sales by state or jurisdiction of residence for each Fund shareholder for which Fund Agent provides services under this Agreement; (2) information designating whether each sale is an initial or subsequent purchase; (3) social codes or other account type fields for each sale; and (4) such other information as is necessary to determine the amounts exempt from reporting under state law. For purposes of (1), if requested by JPMDS, the Fund Agent shall, with respect to the sales for such shareholder, provide the amount of sales by state or jurisdiction of residence where the investment decision to invest in the Fund is made rather than where the shareholder is located to the extent Fund Agent has knowledge that the investment decision is made in a state other than the state or jurisdiction of residence of the shareholder.

Appears in 6 contracts

Samples: Trust Fund/Serv Agreement (Jp Morgan Mutual Fund Investment Trust), Trust Fund/Serv Agreement (JPMorgan Trust IV), Trust Fund/Serv Agreement (JPMorgan Trust I)

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Transactions Subject to Fund/SERV. Trust Entity certifies that all Instructions delivered to the Fund Agent on any Business Day shall have been received by the Trust Entity or its designee from the Client-shareholder by the close of a Fund (generally 4:00 p.m. Eastern Time (“ET”) other than a money market fund, which generally closes multiple times each day. For a Fund that closes multiple times each day, the Trust Entity certifies that all Instructions delivered to the Fund Agent on any Business Day shall have been received by the Trust Entity or its designee from the Client-shareholder by the applicable close of the applicable Fund) (each close of a Fund, a “Market Close” and the final close on a Business Day of a Fund, the “Close of Trading”). Trust Entity further certifies that any Instructions received by it after the Close of Trading on any given Business Day will be transmitted to Fund Company on the next Business Day. Trust Entity further certifies that all such Instructions received by it or its designee from a Client-shareholder by the Close of Trading on any Business Day will be delivered to Fund Company on such Business Day. Each Instruction shall be deemed to be accompanied by a representation by the Trust Entity that it has received proper authorization from each person whose purchase, redemption, account transfer or exchange transaction is effected as a result of such Instruction. Fund Agent will make available to Trust Entity, via DTCC’s Mutual Fund Service Profile II a list of the states or other jurisdictions in which shares are eligible for sale, which list may be revised from time to time. Trust Entity agrees to offer or make available shares only in the states and other jurisdictions appearing on the most recent list made available by Fund Agent. Trust Entity will not knowingly accept or act upon any instructions to purchase shares from a Client-shareholder located outside the United States of America or for the account of any non-U.S. person. Fund Agent agrees to provide each Fund, each Fund’s transfer agent and/or other parties designated by them with an automated file in a form mutually agreeable to JPMDS and Fund Agent, on a daily basis, containing information necessary for the Fund to make blue sky and other regulatory filings, including, without limitation: (1) the amount of sales by state or jurisdiction of residence for each Fund shareholder for which Fund Agent provides services under this Agreement; (2) information designating whether each sale is an initial or subsequent purchase; (3) social codes or other account type fields for each sale; and (4) such other information as is necessary to determine the amounts exempt from reporting under state law. For purposes of (1), if requested by JPMDS, the Fund Agent shall, with respect to the sales for such shareholder, provide the amount of sales by state or jurisdiction of residence where the investment decision to invest in the Fund is made rather than where the shareholder is located to the extent Fund Agent has knowledge that the investment decision is made in a state other than the state or jurisdiction of residence of the shareholder.

Appears in 5 contracts

Samples: Trust Fund/Serv Agreement (JPMorgan Trust III), Trust Fund/Serv Agreement (Jp Morgan Fleming Mutual Fund Group Inc), Trust Fund/Serv Agreement (Jp Morgan Mutual Fund Investment Trust)

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