Documents, Records and Funds in Possession of the Servicer to be Held for the Trustee......................... Section 3.17
Documents, Records. In addition, and without limitation to the obligations set forth in Section 2.05 of the Standard Conditions, the Recipient shall ensure that:
(a) all records evidencing expenditures under the Project are retained for seven years and six months after the Closing Date, such records to include:
(i) this Agreement, all addenda thereof, and any amendments thereto;
(ii) the Recipient’s financial and narrative progress reports submitted to the Bank; (iii) the Recipient’s financial information related to the Grant, including audit reports, invoices and payroll records; (iv) the Recipient’s implementation documentation (including sub-agreements, procurement files, contracts, purchase orders); and (v) the corresponding supporting evidence referred to in Section 3.04 of the Standard Conditions; and
(b) the representatives of the Bank are: (i) able to examine all records referred to above in paragraph (a); (ii) provided all such information concerning such records as they may from time to time reasonably request; and
Documents, Records and Funds in Possession of the Special Servicers to Be Held for the Trustee........................ Section 9.8 Representations, Warranties and Covenants of the Special Servicers...................................................
Documents, Records. 1. In connection with such appointment, the Trust shall deliver or cause to be delivered the following documents to Sunstone:
a) A copy of the Agreement and Declaration of Trust and By-laws of the Trust and all amendments thereto, and a copy of the resolutions of the Board of Trustees of the Trust appointing Sunstone and authorizing the execution of this Transfer Agency Agreement on behalf of the Funds; each certified by the Secretary of the Trust; b) A certificate signed by the President and Secretary of the Trust specifying: the number of authorized Shares and the number of such authorized Shares issued and currently outstanding, if any; the names and specimen signatures of the officers of the Trust authorized to sign written stock certificates, and the individuals authorized to provide oral instructions and to sign written instructions and requests on behalf of the Trust and to change the persons authorized to provide such instructions from time to time (hereinafter referred to as "Authorized Person(s)"), it being understood Sunstone shall not be held to have notice of any change in the authority of any Authorized Person until receipt of written notice thereof from the Trust; c) In the event the Trust issues Share certificates, specimen Share certificates for each Fund in the form approved by the Board of Trustees of the Trust (and in a format compatible with Sunstone's operating system), together with a Certificate signed by the Secretary of the Trust as to such approval;
d) Copies of the Trust's Registration Statement, as amended to date, and the most recently filed Post-Effective Amendment thereto, filed by the Trust with the Securities and Exchange Commission under the Securities Act of 1933, as amended (the "1933 Act"), and under the 1940 Act, as amended, together with any applications filed in connection therewith; and
e) Opinion of counsel for the Trust filed as an exhibit to the Trust's Registration Statement with respect to the validity of the authorized and outstanding Shares and whether such Shares are fully paid and non- assessable.
2. The Trust agrees to deliver or to cause to be delivered to Sunstone in Milwaukee, Wisconsin, at the Trust's expense, all such documents, records and information as Sunstone may reasonably request in order for Sunstone to perform its services hereunder.
Documents, Records and Funds in Possession of the Servicer To Be Held for Trustee....
Documents, Records. The Recipient shall ensure that: … (c) all records evidencing expenditures under the Grant are retained until two years after the Closing date;”
4. Paragraph (b) of the Section 2.05 (renumbered as such pursuant to paragraph 1 above and relating to Program Monitoring, Reporting and Evaluation) is modified to read as follows:
Documents, Records. 1. In connection with such appointment, the Trust shall deliver or cause to be delivered the following documents to Sunstone:
a) A copy of the Agreement and Declaration of Trust and By-laws of the Trust and all amendments thereto, and a copy of the resolutions of the Board of Trustees of the Trust appointing Sunstone and authorizing the execution of this Transfer Agency Agreement on behalf of the Funds, each certified by the Secretary of the Trust;
b) A certificate signed by the President and Secretary of the Trust specifying: the number of authorized Shares and the number of such authorized Shares issued and currently outstanding, if any; the names and specimen signatures of the officers of the Trust authorized to sign written stock certificates, and the individuals authorized to provide oral instructions and to sign written instructions and requests on behalf of the Trust (hereinafter referred to as "Authorized Person(s)"), and to change the persons authorized to provide such instructions from time to time, it being understood Sunstone shall not be held to have notice of any change in the authority of any Authorized Person until receipt of written notice thereof from the Trust;
c) In the event the Trust issues Share certificates, specimen Share certificates for each Fund in the form approved by the Board of Trustees of the Trust (and in a format compatible with Sunstone's operating system), together with a certificate signed by the Secretary of the Trust as to such approval;
d) Copies of the Trust's Registration Statement, as amended to date, and the most recently filed Post-Effective Amendment thereto, filed by the Trust with the Securities and Exchange Commission under the Securities Act of 1933, as amended (the "1933 Act"), and under the 1940 Act, as amended, together with any applications filed in connection therewith; and
e) Opinion of counsel for the Trust with respect to the Trust's organization and existence under the laws of its state of organization, the validity of the authorized and outstanding Shares, whether such Shares are fully paid and non-assessable and the status of such Shares under the Securities Act of 1933, as amended, and any other applicable federal law or regulation (i.e., if subject to registration, that they have been registered and that the Registration Statement has become effective or, if exempt, the specific grounds therefor.)
2. The Trust agrees to deliver or to cause to be delivered to Sunstone in Milwaukee, Wisconsin, a...
Documents, Records and Funds in Possession of the Master Servicer to be Held for the Trustee......................... Section 3.18 Securities Administrator Compensation, Master Servicer Compensation and Servicer Compensation...................... Section 3.19 Annual Statement as to Compliance.........................
Documents, Records. (c) all records (contracts, orders, invoices, bills, receipts and other documents) evidencing expenditures under the Grant are retained until two years after the Closing Date; and”
4. Section 2.05 (renumbered as such pursuant to paragraph 1 above) is modified to read as follows:
Documents, Records. All documents and records relating to the draft terms and specifications of the PFI Agreement shall be and remain the property of the County Council and shall at the request of the County Council be surrendered to and retained by the County Council on the termination of this Agreement for any reason other than the entering into of the PFI Agreement.
