Voya Fund definition
Examples of Voya Fund in a sentence
An indemnification of any Claim settled by the Voya Indemnified Party as between the Voya Indemnified Party and such Voya Fund Investor shall include the Voya Indemnified Party’s reasonable attorneys’ fees, court costs and other litigation expenses incurred in connection with such settlement.
BNY Mellon shall not perform for Voya or any Voya Fund any services not included in the Agreement, except as requested by Voya and agreed by the Parties pursuant to the Change Procedures.
The Agreement is for the sole benefit of the Parties and their permitted assigns and each such Party intends that the Agreement shall not benefit, or create a right or cause of action in or on behalf of, any person or entity (including Voya Funds and Voya Fund Investors) other than the Parties, their permitted assigns and, with respect to Article 15, Voya Indemnified Parties and BNY Mellon Indemnified Parties.
BNY Mellon shall not, under the Agreement, bear, or otherwise be responsible for, any fees, costs or expenses charged by any third party service provider directly engaged by Voya, a Voya Affiliate or a Voya Fund.
For clarity, if BNY Mellon disputes its obligation to indemnify Voya for a Claim originating from a Voya Fund Investor which Voya elects to resolve in accordance with this Section 15.03(2), and the final resolution of such dispute is that Voya is entitled to indemnification from BNY Mellon for such Claim, BNY Mellon shall indemnify Voya from any costs reasonably incurred by Voya in connection with enforcing this Section 15.03(2).
BNY Mellon shall, upon reasonable prior notice when possible, make all books and records available to the applicable Voya or Voya Fund regulators and state government representatives or their designees to audit, evaluate and inspect BNY Mellon’s books and records for Voya and such Voya Fund.
BNY Mellon shall not be responsible for: (a) delays in the transmission to it by Voya, the Voya Fund and entities unaffiliated with BNY Mellon (collectively, for this Section, “Third Parties”) of data required for the provision of the Rule 18f-4 Services, (b) inaccuracies of, errors in or omissions of, such data provided to it by any Third Party and (c) validation of such data provided to it by any Third Party.