Common use of Disclosure of Certain Regulatory Matters Clause in Contracts

Disclosure of Certain Regulatory Matters. At the request of the Funds, and provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and any governmental authority BNY Mellon will make available to the Funds such publicly filed information regarding a criminal or regulatory investigation of BNY Mellon as it makes available to its clients generally. In each case, the Funds acknowledge and agree that BNY Mellon’s failure to make any such information available to the Funds shall not be deemed to be a breach of this Agreement.

Disclosure of Certain Regulatory Matters. At the request of the FundsTrust, and provided that disclosure by BNY Mellon is not prohibited by applicable law, rule or agreement between BNY Mellon and any governmental authority BNY Mellon will make available to the Funds Trust such publicly filed information regarding a criminal or regulatory investigation of BNY Mellon as it makes available to its clients generally. In each case, the Funds acknowledge Trust acknowledges and agree agrees that BNY Mellon’s failure to make any such information available to the Funds Trust shall not be deemed to be a breach of this Agreement.