Duties of the Corporation a. The Corporation shall furnish to the Distributor copies of all information, financial statements and other papers that the Distributor may reasonably request for use in connection with the distribution of Class I Shares, and this shall include, upon request by the Distributor, one certified copy of all financial statements prepared for the Corporation by independent public accountants. The Corporation shall make available to the Distributor such number of copies of the Fund's prospectus and statement of additional information as the Distributor shall reasonably request.
b. The Corporation shall take, from time to time, but subject to any necessary approval of the Fund's Class I shareholders, all necessary action to fix the number of authorized Class I Shares and such steps as may be necessary to register the same under the Securities Act to the end that there will be available for sale such number of Class I Shares as the Distributor reasonably may be expected to sell.
c. The Corporation shall use its best efforts to qualify and maintain the qualification of an appropriate number of the Class I Shares for sale under the securities laws of such states as the Distributor and the Corporation may approve. Any such qualification may be withheld, terminated or withdrawn by the Corporation at any time in its discretion. As provided in Section 8(c) hereof, the expense of qualification and maintenance of qualification shall be borne by the Fund. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Corporation in connection with such qualification.
d. The Corporation will furnish, in reasonable quantities upon request by the Distributor, copies of the Fund's annual and interim reports.
Duties of the Corporation. The Corporation covenants and agrees that it will:
(a) take all such action as may be necessary and within its power to ensure that all Common Shares or other securities delivered upon the due exercise of Rights shall, at the time of delivery of the certificates for such shares (for greater certainty, subject to payment of the Exercise Price), be duly and validly authorized, executed, issued and delivered and fully paid and non-assessable.
(b) take all such action as may be necessary and within its power to ensure compliance with the provisions of Section 3.1 hereof including, without limitation but subject to Section 5.17, all such action to comply with any applicable requirements of the BCBCA, the Securities Act (British Columbia) and any applicable comparable securities legislation of each of the provinces of Canada and any other applicable law, rule or regulation, in connection with the issuance and delivery of the Rights Certificates and the issuance of any Common Shares or other securities upon exercise of Rights;
(c) use reasonable efforts to cause, from and after such time as the Rights become exercisable, all Common Shares issued upon exercise of Rights to be listed upon issuance on the principal stock exchange on which the Common Shares were traded prior to the Separation Time;
(d) cause to be reserved and kept available out of its authorized and unissued Common Shares, the number of Common Shares that, as provided in this Agreement, will from time to time be sufficient to permit the exercise in full of all outstanding Rights;
(e) pay when due and payable any and all Canadian federal and provincial transfer taxes and charges (not including any income or capital taxes of the holder or exercising holder or any liability of the Corporation to withhold tax) which may be payable in respect of the original issuance or delivery of the Rights Certificates, provided that the Corporation shall not be required to pay any transfer tax or charge which may be payable in respect of any transfer involved in the transfer or delivery of Rights Certificates or the issuance or delivery of certificates for shares or other securities in a name other than that of the registered holder of the Rights being transferred or exercised; and
(f) after the Separation Time, except as permitted by Sections 5.1 or 5.4 hereof, not take (or permit any Subsidiary to take) any action if at the time such action is taken it is reasonably foreseeable that such action will diminish substa...
Duties of the Corporation. (a) The Corporation reserves the right at any time to withdraw offering Shares by written notice to the Distributor at its principal office. The Corporation shall keep the Distributor fully informed of its affairs and shall make available to the Distributor copies of all information, financial statements, and other papers that the Distributor may reasonably request for use in connection with the distribution of Shares, including, without limitation, certified copies of any financial statements prepared for the Corporation by its independent registered public accounting firm and such reasonable number of copies of the most current prospectus, statement of additional information, and annual and interim reports as the Distributor may request, and the Corporation shall fully cooperate in the efforts of the Distributor to sell and arrange for the sale of the Shares and in the performance of the Distributor's duties under this Agreement.
(b) The Corporation shall comply with all applicable provisions of the 1940 Act and all other federal and state laws, rules and regulations governing the issuance and sale of Shares of the Corporation.
(c) The Corporation shall use its best efforts to qualify and maintain the qualification of an appropriate number of Shares for sale under the securities laws of such states or other jurisdictions as the Distributor and the Corporation may approve; provided that the Corporation shall not be required to amend its Articles of Incorporation or By-Laws to comply with the laws of any jurisdiction, to maintain an office in any jurisdiction, to change the terms of the offering of the Shares in any jurisdiction from the terms set forth in its Registration Statement, to qualify as a foreign corporation in any jurisdiction, or to consent to service of process in any jurisdiction other than with respect to claims arising out of the offering of the Shares. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Corporation in connection with such qualifications.
Duties of the Corporation a. The Corporation shall furnish to the Distributor copies of all information, financial statements and other papers that the Distributor may reasonably request for use in connection with the distribution of Class B Shares, and this shall include, upon request by the Distributor, one certified copy of all financial statements prepared for the Corporation by independent public accountants. The Corporation shall make available to the Distributor such number of copies of
Duties of the Corporation. Until the Termination, the Corporation shall, at its own expense:
(a) diligently prosecute any and all Patent/Designs/Copyrights and Trademark applications pending as of the date hereof or thereafter;
(b) make application to register all Patent/Designs/Copyrights and Trademarks, as appropriate and to the extent commercially reasonable;
(c) protect, preserve and maintain vigorously all of the right, title and interest of the Corporation in and to the Collateral, including, without limitation, the prosecution or defence of all suits concerning the validity, infringement, breach, enforceability, ownership or other aspects affecting any of the Collateral; and
(d) ensure generally that the Collateral is and remains valid, in good standing and enforceable.
Duties of the Corporation. In order for the Adviser to perform the services required by this Agreement, the Corporation (i) shall cause all service providers to the Corporation to furnish information to the Adviser, and assist the Adviser as may be required and (ii) shall ensure that the Adviser has reasonable access to all records and documents maintained by the Corporation or any service provider to the Corporation.
Duties of the Corporation. During the term of this Agreement, the Corporation shall be responsible for performance of the following duties:
Duties of the Corporation. 1. The Corporation shall furnish to the Distributor copies of all information, financial statements and other papers that the Distributor may reasonably request for use in connection with the distribution of the Shares, and this shall include, upon request by the Distributor, one certified copy of all financial statements prepared for the Corporation by independent public accountants. The Corporation shall make available to the Distributor such number of copies of the Corporation's prospectus and statement of additional information as the Distributor shall reasonably request.
2. The Corporation shall take, from time to time, but subject to any necessary approval of its shareholders, all necessary action to fix the number of authorized Shares and such steps as may be necessary to register the same under the Securities Act to the end that there will be available for sale such number of Shares as the Distributor reasonably may be expected to sell.
3. The Corporation shall use its best efforts to qualify and maintain the qualification of an appropriate number of the Shares for sale under the securities laws of such states as the Distributor and the Corporation may approve. Any such qualification may be withheld, terminated or withdrawn by the Corporation at any time in its discretion. As provided in Section 8(c) hereof, the expense of qualification and maintenance of qualification shall be borne by the Corporation. The Distributor shall furnish such information and other material relating to its affairs and activities as may be required by the Corporation in connection with such qualification.
4. The Corporation will furnish, in reasonable quantities upon request by the Distributor, copies the Corporation's annual and interim reports.
Duties of the Corporation. If requested by the Board of Directors of the Association, the Corporation shall submit to the Association, not less than forty-five (45) days prior to the end of the fiscal year, the following budgets covering the Association’s next fiscal year. These budgets, and any material changes in these budgets during the fiscal year, shall only become effective upon approval of the Association’s Board of Directors and shall be subject to any written policies of the Association.
Duties of the Corporation. A. Compliance As required by law the Corporation or Fund assume full responsibility for the preparation, contents and distribution of their own and/or their classes' Prospectus and for complying with all applicable requirements of the Securities Act of 1933, as amended (the "1933 Act"), the 1940 Act and any laws, rules and regulations of government authorities having jurisdiction.
B. Share Certificates The Corporation shall supply the Company with a sufficient supply of blank Share certificates and from time to time shall renew such supply upon request of the Company. Such blank Share certificates shall be properly signed, manually or by facsimile, if authorized by the Corporation and shall bear the seal of the Corporation or facsimile thereof; and notwithstanding the death, resignation or removal of any officer of the Corporation authorized to sign certificates, the Company may continue to countersign certificates which bear the manual or facsimile signature of such officer until otherwise directed by the Corporation.
C. Distributions The Fund shall promptly inform the Company of the declaration of any dividend or distribution on account of any Fund's shares.
