Duties of Administrator. (a) DUTIES WITH RESPECT TO THE RELATED AGREEMENTS. Administrator shall consult with Owner Trustee regarding the duties of Issuer and Owner Trustee under the Related Agreements. Administrator shall monitor the performance of Issuer and shall advise Owner Trustee when action is necessary to comply with Issuer's or Owner Trustee's duties under the Related Agreements. Administrator shall prepare for execution by Issuer or Owner Trustee or shall cause the preparation by other appropriate persons of all such documents, reports, filings, instruments, orders, certificates and opinions as it shall be the duty of Issuer or Owner Trustee to prepare, file or deliver pursuant to any Related Agreement. In furtherance of the foregoing, Administrator shall take all appropriate action that it is the duty of Issuer or Owner Trustee to take pursuant to the Indenture including such of the foregoing as are required with respect to the following matters under the Indenture (references are to sections of the Indenture):
(i) the preparation of or obtaining of the documents and instruments required for execution, authentication and delivery of the Notes (whether upon initial issuance, transfer or exchange, or otherwise), if any, and delivery of the same to Indenture Trustee (if applicable) (SECTIONS 2.3, 2.5, 2.6, 2.11(c) or 2.14);
(ii) the duty to cause the Note Register to be kept, to appoint a successor Transfer Agent and Registrar, if necessary, and to give Indenture Trustee notice of any appointment of a new Transfer Agent and Registrar and the location, or change in location, of the Note Register (SECTION 2.5);
(iii) the furnishing of Indenture Trustee, Servicer, any Noteholder or the Paying Agent with the names and addresses of Noteholders after receipt of a written request therefor from Indenture Trustee, Servicer, any Noteholder or the Paying Agent, respectively, or as otherwise specified in the Indenture (SECTIONS 2.9(a) and 7.1);
(iv) the preparation, obtaining or filing of the instruments, opinions and certificates and other documents required for the release of collateral (SECTION 8.7);
(v) the duty to cause Issuer to maintain an office or agency within New York (and as otherwise set forth in an Indenture Supplement) and to give Indenture Trustee and the Noteholders notice of the location, or change in location, of such office or agency (SECTION 3.2);
(vi) the duty to direct Indenture Trustee to deposit with any Paying Agent the sums specified in the Indenture and the...
Duties of Administrator. Subject to the policies and direction of the Trust’s Board of Trustees (“Trustees”), the Administrator shall provide, or cause to be furnished by others, the fund accounting, administrative, and other services reasonably necessary for the operation of the Trust and Fund as set forth in Exhibit A, attached hereto and made a part hereof. The Administrator shall exercise reasonable customary care in the performance of its duties under this Agreement.
Duties of Administrator. The Administrator is responsible for the planning, management and day-to-day administration of the Academy. These duties are limited to:
Duties of Administrator. Subject to the supervision and direction of the Board of Directors of the Fund, IBT, as Administrator, will assist in conducting various aspects of the Fund's administrative operations and undertakes to perform the services described in Appendix 1 hereto. IBT may, from time to time, perform additional duties and functions which shall be set forth in an amendment to such Appendix 1 executed by both parties. At such time, the fee schedule included in Appendix 2 hereto shall be appropriately amended. In performing all services under this Agreement, IBT shall act in conformity with the Fund's Articles and By-Laws and the 1940 Act, as the same may be amended from time to time, and the investment objectives, investment policies and other practices and policies set forth in the Fund's Registration Statement, as the same may be amended from time to time. Notwithstanding any item discussed herein, IBT has no discretion over the Fund's assets or choice of investments and cannot be held liable for any problem relating to such investments.
Duties of Administrator. The Administrator undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. No provision of this Agreement shall be construed to relieve the Administrator from liability for its own negligent action, its own negligent failure to act or its own misconduct; provided, however, that:
(i) the duties and obligations of the Administrator shall be determined solely by the express provisions of this Agreement, the Administrator shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Agreement, no implied covenants or obligations shall be read into this Agreement against the Trustee and, in the absence of bad faith on the part of the Administrator, the Administrator may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificates or opinions furnished to the Administrator and conforming to the requirements of this Agreement; and
(ii) the Administrator shall not be personally liable for an error of judgment made in good faith by a Responsible Officer of the Administrator, unless it shall be proved that the Administrator was negligent in performing its duties in accordance with the terms of this Agreement. The Administrator shall have all of the rights and benefits of and limitations on liability afforded to the Trustee under this Article VIII to the same extent as though the Administrator had been named in the various provisions of Article VIII, except (i) to the extent otherwise provided in Sections 8.13, 8.14, 8.15, 8.16, 8.17, 8.19 and 8.20 (for example, Section 8.16 shall apply instead of Section 8.05) and (ii) with respect to Section 8.03, the Administrator shall be responsible for the Administrator’s certificate of authentication on the Certificates. In acting under this Agreement and the other Transaction Documents to which it is a party and in connection with the Certificates, the Administrator is acting solely as an agent of the Trustee on behalf of the Trust and does not assume any obligation or relationship of agency for or with, or any fiduciary obligation towards, any of the Holders of the Certificates The Administrator shall be obligated to make payments pursuant to the terms of the Transaction Documents only if, and only to the extent that, sufficient funds are available therefor in the Collection Account. In no event shall the Administrator, in its capacity as Administrator or Pa...
Duties of Administrator. Subject to the supervision and direction of the Board of Directors of the Fund, the Bank, as Administrator, will assist in conducting various aspects of the Fund's administrative operations and undertakes to perform the services described in APPENDIX B hereto. The Bank may, from time to time, perform additional duties and functions which shall be set forth in an amendment to such APPENDIX B executed by both parties. At such time, the fee schedule included in APPENDIX C hereto shall be appropriately amended. In performing all services under this Agreement, the Bank shall act in conformity with the Fund's Articles and By-Laws and the 1940 Act, as the same may be amended from time to time, and the investment objectives, investment policies and other practices and policies set forth in the Fund's Registration Statement, as the same may be amended from time to time. Notwithstanding any item discussed herein, the Bank has no discretion over the Fund's assets or choice of investments and cannot be held liable for any problem relating to such investments.
Duties of Administrator. Subject to the supervision and direction of the Board of Trustees of the Fund, the Bank, as Administrator, will assist in conducting various aspects of the Fund's administrative operations and undertakes to perform the services described in Appendix B hereto. The Bank may, from time to time, perform additional duties and functions which shall be set forth in an amendment to such Appendix B executed by both parties. In performing all services under this Agreement, the Bank shall act in conformity with the Fund's Articles and By-Laws and the 1940 Act, as the same may be amended from time to time, and the investment objectives, investment policies and other practices and policies set forth in the Fund's Registration Statement, as the same may be amended from time to time. Notwithstanding any item discussed herein, the Bank has no discretion over the Fund's assets or choice of investments.
Duties of Administrator. (a) The Administrator shall, subject to the general supervision of the Trustees of the Fund, provide certain administrative services to the Fund. In this regard, the Administrator shall
(i) review the preparation of reports and proxy statements to Shareholders, the periodic updating of the Prospectus, the Additional Statement and the Registration Statement and the preparation of all other reports and documents required to be filed by the Fund with the Commission;
(ii) periodically review the services performed by the Adviser, the Distributor, the Administration/Accounting Agent, the Custodian and the Transfer Agent, and make such reports and recommendations to the Trustees of the Fund concerning the performance of such services as the Trustees reasonably request or as the Administrator deems appropriate;
(iii) to the extent requested by the Trustees or officers of the Fund, negotiate changes to the terms and provisions of the Advisory Agreement, the Administration/Accounting Agreement, the Custodian Agreement and the Transfer Agency Agreement;
(iv) provide the Fund with personnel to perform such executive, administrative and clerical services as may be reasonably requested by the Trustees or officers of the Fund;
(v) provide facilities, equipment and personnel to serve the needs of investors, including communications systems and personnel to handle Shareholder inquiries;
(vi) develop and monitor investor programs for credit unions;
(vii) provide assistance in connection with the processing of Share purchase and redemption orders as reasonably requested by the Transfer Agent or the Trustees or officers of the Fund;
(viii) inform the Adviser in connection with the portfolio management of the Fund as to anticipated purchases and redemptions by Shareholders and new investors;
(ix) provide information and assistance as requested by the Administration/Accounting Agent in connection with the registration of the Fund’s Shares in accordance with state securities requirements;
(x) make available and distribute to Shareholders information prepared by the Fund as requested by the Trustees or officers of the Fund;
(xi) handle Shareholder problems and calls relating to administrative matters;
(xii) provide advice and assistance concerning the regulatory requirements applicable to credit unions that invest in the Fund;
(xiii) provide assistance in connection with the preparation of the Fund’s periodic financial statements and annual audit as reasonably requested by the T...
Duties of Administrator. Subject to the supervision and direction of the Board of Directors of the Fund, the Bank, as Administrator, will assist in conducting various aspects of the Fund’s administrative operations and undertakes to perform the services described in Appendix B hereto. The Bank may, from time to time, perform additional duties and functions which shall be set forth in an amendment to such Appendix B executed by both parties. At such time, the fees agreed to between the parties may be amended appropriately. In performing all services under this Agreement, the Bank shall act in conformity with the Fund’s Articles and By-Laws and the 1940 Act, as the same may be amended from time to time, and the investment objectives, investment policies and other practices and policies set forth in the Fund’s Registration Statement, as the same may be amended from time to time. Notwithstanding any item discussed herein, the Bank has no discretion over the Fund’s assets or choice of investments and cannot be held liable for any problem relating to such investments.
Duties of Administrator. For the purposes of Section 468B of the Internal Revenue Code of 1986, as amended, and Treas. Reg. Section 1.468B-2(k)(3), the "administrator" shall be a party appointed by the Settling Claimants (the "Administrator"). The Administrator shall timely and properly file or cause to be filed all informational and other tax returns necessary or advisable with respect to the Settlement Fund (including, without limitation, the returns described in Treas. Reg. Section 1.468B-2(k)(1) and Treas. Reg. Section 1.468B-2(1)). Such returns shall reflect that all taxes (including any estimated taxes, interest or penalties) on the income earned by the Settlement Fund shall be paid out of the Settlement Fund.
