Common use of Written Instructions Clause in Contracts

Written Instructions. Notwithstanding any other provision of this Agreement: (A) unless the terms of this Agreement, Written Procedures or other written agreement between the Fund and BNYM expressly provide, in the reasonable discretion of BNYM, all requisite details and directions for it to take a specific course of conduct, BNYM may, prior to engaging in a course of conduct on a particular matter, whether the course of conduct is proposed by or otherwise originates with BNYM or is directed by the Fund in a Fund Communication, require the Fund to provide it with Written Instructions with respect to the particular conduct, and (B) BNYM may also require Written Instructions with respect to conduct specified in a Fund Communication if it reasonably determines that the Agreement, Written Procedures or other written agreement between the Fund and BNYM provides for the Fund to furnish a Written Instruction in connection with the specified conduct.

Appears in 57 contracts

Samples: Transfer Agency and Shareholder Services Agreement (AMG Pantheon Credit Solutions Fund), Transfer Agency and Shareholder Services Agreement (Versus Capital Infrastructure Income Fund), Transfer Agency and Shareholder Services Agreement (KKR US Direct Lending Fund-U)

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Written Instructions. Notwithstanding any other provision of this Agreement: (A) unless the terms of this Agreement, Written Procedures or other written agreement between the Fund Company and BNYM expressly provide, in the reasonable discretion of BNYM, all requisite details and directions for it to take a specific course of conductconduct under this Agreement, BNYM may, prior to engaging in a course of conduct on a particular matter, whether the course of conduct is proposed by or otherwise originates with BNYM or is directed by the Fund Company in a Fund Communication, require the Fund Company to provide it with Written Instructions with respect to the particular conduct, and (B) BNYM may also require Written Instructions with respect to conduct specified in a Fund Communication if it reasonably determines that the Agreement, Written Procedures or other written agreement between the Fund Company and BNYM provides for the Fund Company to furnish a Written Instruction in connection with the specified conduct.

Appears in 1 contract

Samples: Sub Transfer Agency and Shareholder Services Agreement (Virtus Opportunities Trust)

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