Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine. (b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds or of any vote, resolution or proceeding of each Fund’s Governing Board or Members, as applicable, unless and until PFPC Trust receives Written Instructions to the contrary. (c) The Funds agree to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s ability to rely upon such Oral Instructions.
Appears in 7 contracts
Sources: Custodian Services Agreement (PNC Alternative Strategies Fund LLC), Custodian Services Agreement (PNC Long-Short Fund LLC), Custodian Services Agreement (PNC Absolute Return Fund LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust PNC shall act only upon Oral Instructions or and Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust PNC shall be entitled to rely upon any Oral Instruction or Instructions and Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust PNC to be an Authorized Person) pursuant to this Agreement. PFPC Trust PNC may reasonably assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each Fund’s Governing Board the Funds’ Boards of Trustees or Members, as applicableof the Funds’ shareholders, unless and until PFPC Trust PNC receives Written Instructions to the contrary.
(c) The VP Distributors and the Funds agree agree, as applicable, to forward to PFPC Trust PNC Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust PNC or its affiliates) so that PFPC Trust PNC receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions PNC shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or PFPC Trust’s ability Written Instructions reasonably appear to rely have been received from an Authorized Person, PNC shall incur no liability to VP Distributors or the Funds in acting upon such Oral InstructionsInstructions or Written Instructions provided that PNC’s actions comply with the other provisions of this Agreement.
Appears in 6 contracts
Sources: Sub Administration and Accounting Services Agreement (Virtus Institutional Trust), Sub Administration and Accounting Services Agreement (Virtus Equity Trust), Sub Administration and Accounting Services Agreement (Virtus Equity Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust PFD shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust PFD shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust PFD to be an Authorized Person) pursuant to this Agreement. PFPC Trust PFD may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Directors or Members, as applicableTrustees or of the Fund's shareholders, unless and until PFPC Trust PFD receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust PFD Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust PFD receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust PFD or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s PFD's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFD shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFD's actions comply with the other provisions of this Agreement.
Appears in 6 contracts
Sources: Underwriting Agreement (Roxbury Funds), Underwriting Agreement (Armada Funds), Underwriting Agreement (Armada Advantage Fund)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust BNYM shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust BNYM shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust BNYM to be an Authorized Person) pursuant to this Agreement. PFPC Trust BNYM may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each a Fund’s Governing Board of Trustees or Members, as applicableof a Fund’s shareholders, unless and until PFPC Trust BNYM receives Written Instructions to the contrary.
(c) The Funds agree Administrator agrees to forward to PFPC Trust BNYM Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust BNYM or its affiliates) so that PFPC Trust BNYM receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust BNYM or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC TrustBNYM’s ability to rely upon such Oral Instructions; provided, however, that to the extent that Oral Instructions differ from confirming Written Instructions, BNYM shall make all commercially reasonable efforts to promptly reconcile the differing Instructions with the Administrator.
Appears in 6 contracts
Sources: Sub Administration and Accounting Services Agreement (Touchstone Tax Free Trust), Sub Administration and Accounting Services Agreement (Touchstone Variable Series Trust), Sub Administration and Accounting Services Agreement (Touchstone Institutional Funds Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds any Fund or of this Agreement or with any vote, resolution or proceeding of each any Fund’s Governing Board of Trustees, Board of Directors or Members, as applicablesimilar governing entity or of any Fund’s shareholders, unless and until PFPC Trust receives Written Instructions relating to a particular Fund to the contrary.
(c) The Funds agree Each Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same New York Stock Exchange business day that such (i.e., a day on which the New York Stock Exchange is open for trading) immediately following the day on which the Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s ability to rely upon such Oral Instructions.
Appears in 5 contracts
Sources: Custodian Services Agreement (American Skandia Trust), Custodian Services Agreement (Strategic Partners Mutual Funds, Inc.), Custodian Services Agreement (Prudential World Fund Inc)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC SEI Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC SEI Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC SEI Trust to be an Authorized Person) pursuant to this Agreement. PFPC SEI Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing Board 's board of directors or Members, as applicableof the Fund's members, unless and until PFPC SEI Trust receives Written Instructions to the contrary, SEI Trust has actual knowledge to the contrary, or such Oral Instructions or Written Instructions are not the type of Oral Instructions or Written Instructions that an Authorized Person is authorized to give and the Fund has given SEI Trust written notice of the relevant limitation on the types of Oral Instructions or Written Instructions that such Authorized Person is authorized to give and such Oral Instructions or Written Instructions are clearly not with such authorized types.
(c) The Funds agree Fund agrees to forward to PFPC SEI Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC SEI Trust or its affiliates) so that PFPC SEI Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are receivedreceived by SEI Trust. The fact that such confirming Written Instructions are not received by PFPC SEI Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC SEI Trust’s 's ability to rely upon such Oral Instructions.
Appears in 5 contracts
Sources: Custodian Services Agreement (Mercantile Absolute Return Master Fund LLC), Custodian Services Agreement (Mercantile Long-Short Manager Master Fund LLC), Custodian Services Agreement (Mercantile Alternative Strategies Master Fund LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust BNY Mellon shall act only upon Oral Instructions or and Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust BNY Mellon shall be entitled to rely upon any Oral Instruction or Instructions and Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust BNY Mellon to be an Authorized Person) pursuant to this Agreement. PFPC Trust BNY Mellon may reasonably assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing Board of Directors or Members, as applicableof the Fund’s shareholders, unless and until PFPC Trust BNY Mellon receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees, as applicable, to forward to PFPC Trust BNY Mellon Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust BNY Mellon or its affiliates) so that PFPC Trust BNY Mellon receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions BNY Mellon shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or PFPC Trust’s ability Written Instructions reasonably appear to rely have been received from an Authorized Person, BNY Mellon shall incur no liability to the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that BNY Mellon’s actions comply with the other provisions of this Agreement.
Appears in 5 contracts
Sources: Accounting Services Agreement, Accounting Services Agreement (Virtus Global Dividend & Income Fund Inc.), Accounting Services Agreement (Duff & Phelps Select Energy MLP Fund Inc.)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon , including standing Written Instructions that are given and confirmed in such manner as PFPC Trust may from time related to time determineongoing instructions received electronically.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicablethe Fund's Shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability shall incur no liability to rely the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 5 contracts
Sources: Administration and Accounting Services Agreement (Restoration Opportunities Fund), Accounting Services Agreement (Highland Floating Rate Fund), Accounting Services Agreement (Highland Institutional Floating Rate Income Fund)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon , including standing Written Instructions that are given and confirmed in such manner as PFPC Trust may from time related to time determineongoing instructions received electronically.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Board of Trustees or the Fund’s Governing Board or Members, as applicable's Shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions given on behalf of the Fund (except where such Oral Instructions are given by PFPC Trust or its affiliates) so and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability Trust shall incur no liability to rely the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 5 contracts
Sources: Custodian Services Agreement (Restoration Opportunities Fund), Custodian Services Agreement (Highland Corporate Opportunities Fund), Custodian Services Agreement (Highland Institutional Floating Rate Income Fund)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability Trust shall incur no liability to rely the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 5 contracts
Sources: Custodian Services Agreement (Hilliard Lyons Investment Trust), Custodian Services Agreement (Kelmoore Strategy Variable Trust), Custodian Services Agreement (Kelmoore Strategy Variable Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust BNYM shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust BNYM shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust BNYM to be an Authorized Person) pursuant to this Agreement. PFPC Trust BNYM may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution resolution, or proceeding of each a Fund’s Governing Board of Trustees or Members, as applicableof a Fund’s shareholders, unless and until PFPC Trust BNYM receives Written Instructions to the contrary.
(c) The Funds agree Administrator agrees to forward to PFPC Trust BNYM Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust BNYM or its affiliatesAffiliates) so that PFPC Trust BNYM receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust BNYM or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC TrustBNYM’s ability to rely upon such Oral Instructions; provided, however, that to the extent that Oral Instructions differ from confirming Written Instructions, BNYM shall make all commercially reasonable efforts to promptly reconcile the differing Instructions with the Administrator.
Appears in 5 contracts
Sources: Sub Administration and Accounting Services Agreement (Touchstone Institutional Funds Trust), Sub Administration and Accounting Services Agreement (Touchstone Variable Series Trust), Sub Administration and Accounting Services Agreement (Touchstone Strategic Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust BNY Mellon shall act only upon Oral Instructions or and Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust BNY Mellon shall be entitled to rely upon any Oral Instruction or Instructions and Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust BNY Mellon to be an Authorized Person) pursuant to this Agreement. PFPC Trust BNY Mellon may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust BNY Mellon receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust BNY Mellon Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust BNY Mellon receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions BNY Mellon shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or PFPC Trust’s ability Written Instructions reasonably appear to rely have been received from an Authorized Person, BNY Mellon shall incur no liability to the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that BNY Mellon's actions comply with the other provisions of this Agreement.
Appears in 5 contracts
Sources: Transfer Agency Services Agreement (Aquila Municipal Trust), Transfer Agency Services Agreement (Aquila Funds Trust), Transfer Agency Services Agreement (Aquila Municipal Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that . PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this AgreementPerson listed on the then current Authorized Persons Appendix). In the exercise of reasonable judgement, PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational governing documents of the Funds a Fund or this Agreement or of any vote, resolution or proceeding of each relating to a Fund’s Governing Board or Members, as applicable, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree . Each Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are receivedreceived (provided that Oral Instructions transmitted by means of e-mail do not need to be so confirmed). The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC shall promptly notify the Fund providing such confirming Written Instructions of any differences between the Oral Instructions and the confirming Written Instructions. Each Fund further agrees that PFPC shall incur no liability to the Fund for relying upon Oral or PFPC Trust’s ability Written Instructions provided such instructions reasonably appear to rely upon such Oral Instructionshave been received from an Authorized Person listed on the then current Authorized Persons Appendix.
Appears in 5 contracts
Sources: Accounting Services Agreement (Schwab Annuity Portfolios), Accounting Services Agreement (Schwab Charles Family of Funds), Accounting Services Agreement (Schwab Capital Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or and Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Instructions and Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability Trust shall incur no liability to rely the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 5 contracts
Sources: Custodian Services Agreement (Eii Realty Securities Trust), Custodian Services Agreement (Harvest Funds //), Custodian Services Agreement (Robertson Stephens Investment Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon , including standing Written Instructions that are given and confirmed in such manner as PFPC Trust may from time related to time determineongoing instructions received electronically.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's Shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability shall incur no liability to rely the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 4 contracts
Sources: Transfer Agency Services Agreement (Advantage Advisers Multi - Sector Fund I), Transfer Agency Services Agreement (Highland Institutional Floating Rate Income Fund), Transfer Agency Services Agreement (Highland Floating Rate Advantage Fund)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon , including standing Written Instructions that are given and confirmed in such manner as PFPC Trust may from time related to time determineongoing instructions received electronically.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicablethe Fund's Shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Highland agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability shall incur no liability to rely Highland or the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 4 contracts
Sources: Sub Administration Services Agreement (Highland Floating Rate LTD Liability Co), Sub Administration Services Agreement (Highland Floating Rate Fund), Sub Administration Services Agreement (Highland Institutional Floating Rate Income Fund)
Instructions. a. JNAM shall be deemed to have received Instructions (aas that term is used herein) Unless otherwise provided in this Agreementupon receipt of written instructions (including receipt by facsimile), PFPC Trust which may be continuing instructions, signed by one or more persons the Managers shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may have from time to time determine.
(b) PFPC Trust shall authorized to give the particular class of Instructions in question. Different persons may be entitled authorized to rely upon any Oral Instruction give Instructions for different purposes, and Instructions may be general or Written Instruction it receives from an Authorized Person (or from specific in terms. A certified copy of a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds or of any votebylaw, resolution or proceeding action of each Fund’s Governing Board the Managers of the Variable Fund may be received and accepted by JNAM as conclusive evidence of the authority of any such persons to act and may be considered to be in full force and effect until receipt of written notice (or Members, as applicable, unless and until PFPC Trust receives Written Instructions oral notice followed by written confirmation within seven days) to the contrary.
b. One or more designated persons may be authorized to issue oral (csuch term as used herein including, without limitation, telephoned) The Funds agree instructions, specifying the type or types of instructions that may be so issued, in which case the Variable Fund shall deliver to forward JNAM resolutions of the Managers to PFPC Trust Written such effect. Such oral instructions shall promptly be confirmed in writing to JNAM. Such instructions when given in accordance with the provisions hereof and with such resolutions shall be deemed Instructions confirming Oral hereunder. In the case of conflict between oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliatesa person designated in the resolution of the Managers referred to in the first sentence of this subparagraph (b) so that PFPC Trust receives and any written Instructions, the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not most recently received by PFPC Trust JNAM shall prevail following such receipt, and in case of conflict between oral Instructions given by a person designated in such resolution and any written confirmation or differ from the Oral purported confirmation of oral Instructions, such written confirmation or purported confirmation shall prevail following receipt thereof by JNAM; provided that any transaction initiated by JNAM pursuant to such oral Instructions, may, but need not, be completed by JNAM notwithstanding JNAM's receipt of conflicting subsequent Instructions shall in no way invalidate the transactions hereunder or enforceability written confirmation or purported confirmation of the transactions authorized by the Oral oral Instructions or PFPC Trust’s ability hereunder subsequent to rely upon JNAM's initiation of such Oral Instructionstransaction.
Appears in 4 contracts
Sources: Transfer Agency Agreement (JNL Variable Fund LLC), Transfer Agency Agreement (JNL Variable Fund Iii LLC), Transfer Agency Agreement (Jnlny Variable Fund I LLC)
Instructions. (a) A. Unless otherwise provided in this Agreement, PFPC Trust Distributor shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust B. Distributor shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Distributor to be an Authorized Person) pursuant to this Agreement. PFPC Trust Distributor may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of the Fund’s organizational documents of the Funds or of this Agreement or with any vote, resolution or proceeding of each the Fund’s Governing Board of Directors or Members, as applicableany Fund’s shareholders, unless and until PFPC Trust Distributor receives Written Instructions to the contrary.
(c) C. The Funds agree Fund agrees to forward to PFPC Trust Distributor Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC TrustDistributor’s ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Distributor shall incur no liability to the Fund or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’ actions comply with the other provisions of this Agreement.
D. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Distributor shall incur no liability to the Fund or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’s actions comply with the other provisions of this Agreement.
Appears in 4 contracts
Sources: Underwriting Agreement (Versus Capital Multi-Manager Real Estate Income Fund LLC), Underwriting Agreement (Versus Global Multi-Manager Real Estate Income Fund LLC), Underwriting Agreement (Versus Global Multi-Manager Real Estate Income Fund LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributors shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust Distributors shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Distributors to be an Authorized Person) pursuant to this Agreement. PFPC Trust Distributors may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Directors or Members, as applicableTrustees or of the Fund's shareholders, unless and until PFPC Trust Distributors receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Distributors Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust Distributors receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributors or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s Distributors' ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Distributors shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Distributors' actions comply with the other provisions of this Agreement.
Appears in 4 contracts
Sources: Underwriting Agreement (Horace Mann Mutual Funds), Underwriting Agreement (Van Wagoner Funds Inc), Underwriting Agreement (New Alternatives Fund Inc)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds Organizational Documents or this Agreement or of any vote, resolution resolution, or proceeding of each the Fund’s Governing Board 's directors or Members, as applicable, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions as promptly as practicable and in any event by the close of business on the same day that after such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s PFPC's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 4 contracts
Sources: Administration and Accounting Services Agreement (Topiary Benefit Plan Investor Fund LLC), Investor Services Agreement (Db Hedge Strategies Fund LLC), Administration and Accounting Services Agreement (Topiary Master Fund for Benefit Plan Investors (BPI) LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributors shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust Distributors shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Distributors to be an Authorized Person) pursuant to this Agreement. PFPC Trust Distributors may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Directors or Members, as applicableof the Fund's Interestholders, unless and until PFPC Trust Distributors receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Distributors Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust Distributors receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributors or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s Distributors' ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Distributors shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions; provided that PFPC Distributors' actions comply with the other provisions of this Agreement.
Appears in 4 contracts
Sources: Underwriting Agreement (Asa Hedged Equity Fund LLC), Underwriting Agreement (Asa Debt Arbitrage Fund LLC), Underwriting Agreement (Asa Market Neutral Equity Fund LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Directors or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s Trust ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Trust actions comply with the other provisions of this Agreement.
Appears in 4 contracts
Sources: Custodian Services Agreement (Flaherty & Crumrine/Claymore Total Return Fund Inc), Custodian Services Agreement (F&c/Claymore Preferred Securities Income Fund Inc), Custodian Services Agreement (F&c/Claymore Preferred Securities Income Fund Inc)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 4 contracts
Sources: Custodian Services Agreement (Mutual Fund Investment Trust), Custodian Services Agreement (Torray Fund), Custodian Services Agreement (Kalmar Pooled Investment Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds Organizational Documents or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing Board 's directors or Members, as applicable, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions as promptly as practicable and in any event by the close of business on the same day that after such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s PFPC's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 4 contracts
Sources: Administration, Accounting and Investor Services Agreement (Gam Avalon Dinadan LLC), Administration, Accounting and Investor Services Agreement (Gam Avalon Palemedes LLC), Administration, Accounting and Investor Services Agreement (Excelsior Venture Partners Fund Iii LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing Board of Trustees or Members, as applicableof the Fund’s shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s ability to rely upon such Oral Instructions, provided that PFPC Trust’s actions comply with the other provisions of this Agreement.
Appears in 4 contracts
Sources: Custodian Services Agreement (Virtus Institutional Trust), Custodian Services Agreement (Virtus Insight Trust), Custodian Services Agreement (Virtus Opportunities Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC SEI Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC SEI Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC SEI Trust to be an Authorized Person) pursuant to this Agreement. PFPC SEI Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing Board board of directors or Members, as applicableof the Fund’s members, unless and until PFPC SEI Trust receives Written Instructions to the contrary, SEI Trust has actual knowledge to the contrary, or such Oral Instructions or Written Instructions are not the type of Oral Instructions or Written Instructions that an Authorized Person is authorized to give and the Fund has given SEI Trust written notice of the relevant limitation on the types of Oral Instructions or Written Instructions that such Authorized Person is authorized to give and such Oral Instructions or Written Instructions are clearly not with such authorized types.
(c) The Funds agree Fund agrees to forward to PFPC SEI Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC SEI Trust or its affiliates) so that PFPC SEI Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are receivedreceived by SEI Trust. The fact that such confirming Written Instructions are not received by PFPC SEI Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC SEI Trust’s ability to rely upon such Oral Instructions.
Appears in 4 contracts
Sources: Custodian Services Agreement (Mercantile Absolute Return Fund LLC), Custodian Services Agreement (Mercantile Long Short Manager Fund LLC), Custodian Services Agreement (Mercantile Absolute Return Fund for Tax-Exempt/Deferred Investors (TEDI) LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing Board 's directors or Members, as applicableof the Fund's members, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions given on behalf of the Fund (except where such Oral Instructions are given by PFPC Trust or its affiliates) so and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 4 contracts
Sources: Custodian Services Agreement (Db Hedge Strategies Fund LLC), Custodian Services Agreement (Topiary Benefit Plan Investor Fund LLC), Custodian Services Agreement (Topiary Master Fund for Benefit Plan Investors (BPI) LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributors shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust Distributors shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Distributors to be an Authorized Person) pursuant to this Agreement. PFPC Trust Distributors may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Directors or Members, as applicableof the Fund's Shareholders, unless and until PFPC Trust Distributors receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Distributors Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust Distributors receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributors or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s Distributors' ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Distributors shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Distributors' actions comply with the other provisions of this Agreement.
Appears in 3 contracts
Sources: Underwriting Agreement (Highland Floating Rate Advantage Fund), Underwriting Agreement (Highland Floating Rate Fund), Underwriting Agreement (Highland Institutional Floating Rate Income Fund)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Partnership or of any vote, resolution or proceeding of each Fund’s Governing Board the Partnership's directors or Members, as applicableof the Partnership's limited partners, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Partnership agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Partnership in acting upon such Oral Instructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 3 contracts
Sources: Custodian Services Agreement (Gam Avalon Multi-Global Lp), Custodian Services Agreement (Gam Avalon Multi Technology Lp), Custodian Services Agreement (Gam Avalon Multi-Europe Lp)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon , including standing Written Instructions that are given and confirmed in such manner as PFPC Trust may from time related to time determineongoing instructions received electronically.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing Board of Trustees or Members, as applicableof the Fund’s Shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability shall incur no liability to rely the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC’s actions comply with the other provisions of this Agreement.
Appears in 3 contracts
Sources: Transfer Agency Services Agreement (Highland Funds I), Transfer Agency Services Agreement (Highland Credit Strategies Fund), Transfer Agency Services Agreement (Highland Special Situations Fund II)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust the Distributor shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust The Distributor shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust the Distributor to be an Authorized Person) pursuant to this Agreement. PFPC Trust , the Distributor may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each Fundthe Trust’s Governing Board of Trustees or Members, as applicableof the Trust’s shareholders, unless and until PFPC Trust the Distributor receives Written Instructions to the contrary.
(c) The Funds agree Trust agrees to forward to PFPC Trust the Distributor Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust the Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust the Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trustthe Distributor’s ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, the Distributor shall incur no liability to the Trust in acting upon such Oral Instructions or Written Instructions provided that the Distributor’s actions comply with the other provisions of this Agreement.
Appears in 3 contracts
Sources: Underwriting Agreement (GuideStone Funds), Underwriting Agreement (GuideStone Funds), Distribution Services Agreement (GuideStone Funds)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or and Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon , including standing Written Instructions that are given and confirmed in such manner as PFPC Trust may from time related to time determineongoing instructions received electronically.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or and Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Company or of any vote, resolution or proceeding of each Fund’s Governing the Company's Board of Managers or Members, as applicablethe Company's members, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Company agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions given on behalf of the Company (except where such Oral Instructions are given by PFPC Trust or its affiliates) so and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability Trust shall incur no liability to rely the Company in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 3 contracts
Sources: Custodian Services Agreement (Sawgrass Fund LLC), Custodian Services Agreement (Alyeska Fund LLC), Custody Agreement (Stratigos Fund LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral or Written Instructions or reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability Trust shall incur no liability to rely the Fund in acting upon such Oral Instructionsor Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 3 contracts
Sources: Custodian Services Agreement (Harris Insight Funds Trust), Custodian Services Agreement (Harris Insight Funds Trust), Custodian Services Agreement (Phoenix Insight Funds Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or and Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Instructions and Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of documents, the Funds Administration Agreement or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree RSMC or the Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability shall incur no liability to rely RSMC or the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 3 contracts
Sources: Sub Administration and Accounting Services Agreement (Wt Mutual Fund), Sub Administration and Accounting Services Agreement (Wt Investment Trust I), Sub Administration and Accounting Services Agreement (Wt Mutual Fund)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds a Fund or of any vote, resolution or proceeding of each the Fund’s Governing Board or Members, as applicableBoard, unless and until PFPC Trust receives Written Instructions to the contrary or unless PFPC Trust has actual knowledge to the contrary.
(c) The Funds agree to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s ability to rely upon such Oral Instructions.
Appears in 3 contracts
Sources: Custodian Services Agreement (Legg Mason Permal Global Active Strategies Fund), Custodian Services Agreement (Legg Mason Permal Global Active Strategies Master Fund), Custodian Services Agreement (Legg Mason Permal Global Active Strategies TEI Fund)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Partnership or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of [Directors/Trustees] or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Partnership agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions.
Appears in 3 contracts
Sources: Custodian Services Agreement (Hatteras Multi-Strategy Fund II, L.P.), Custodian Services Agreement (Hatteras Multi-Strategy Fund I, L.P.), Custodian Services Agreement (Hatteras Master Fund, L.P.)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds Organizational Documents or this Agreement or of any vote, resolution or proceeding of each Fund’s Governing Board the Partnership's directors or Members, as applicableLimited Partners, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Partnership agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions as promptly as practicable and in any event by the close of business on the same day that after such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s PFPC's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC shall incur no liability to the Partnership in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 3 contracts
Sources: Administration, Accounting and Investor Services Agreement (Gam Avalon Multi-Europe Lp), Administration, Accounting and Investor Services Agreement (Gam Avalon Multi-Global Lp), Administration, Accounting and Investor Services Agreement (Gam Avalon Multi Technology Lp)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust PNC shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust PNC shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust PNC to be an Authorized Person) pursuant to this Agreement. PFPC Trust PNC may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing Board of Trustees or Members, as applicableof the Fund’s shareholders, unless and until PFPC Trust PNC receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust PNC Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust PNC or its affiliates) so that PFPC Trust PNC receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust PNC or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC TrustPNC’s ability to rely upon such Oral Instructions.
Appears in 2 contracts
Sources: Administration and Accounting Services Agreement (Motley Fool Funds Trust), Administration and Accounting Services Agreement (Motley Fool Funds Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Trust or of any vote, resolution or proceeding of each the Trust's Board of Trustees or of a Fund’s Governing Board or Members, as applicable's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Trust on behalf of each Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions.
Appears in 2 contracts
Sources: Custodian Services Agreement (Eip Investment Trust), Custodian Services Agreement (Eip Investment Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributor shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust Distributor shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Distributor to be an Authorized Person) pursuant to this Agreement. PFPC Trust Distributor may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of the Trust’s organizational documents of the Funds or of this Agreement or with any vote, resolution or proceeding of each the Trust’s Board of Trustees or any Fund’s Governing Board or Members, as applicableshareholders, unless and until PFPC Trust Distributor receives Written Instructions to the contrary.
(c) The Funds agree Trust agrees to forward to PFPC Trust Distributor Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC TrustDistributor’s ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Distributor shall incur no liability to the Trust or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’ actions comply with the other provisions of this Agreement.
(d) Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Distributor shall incur no liability to the Trust or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’s actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Underwriting Agreement (Motley Fool Funds Trust), Underwriting Agreement (Motley Fool Funds Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may L:\MFApps\Docubuilder\N-1 A Filings\February 2006\GEF\C-Pages & Exhibits\Exhibit (g)(2).htm assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds any Fund or of this Agreement or with any vote, resolution or proceeding of each any Fund’s Governing 's Board of Trustees, Board of Directors or Members, as applicablesimilar governing entity or of any Fund's shareholders, unless and until PFPC Trust receives Written Instructions relating to a particular Fund to the contrary.
(c) The Funds agree Each Fund agrees to forward to PFPC Trust Written Instructions Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same New York Stock Exchange business day that such (i.e., a day on which the New York Stock Exchange is open for trading) immediately following the day on which the Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s PFPC's ability to rely upon such Oral Instructions.
Appears in 2 contracts
Sources: Accounting Services Agreement (Strategic Partners Opportunity Funds), Accounting Services Agreement (Strategic Partners Real Estate Fund)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing Board 's directors or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that after such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Custodian Services Agreement (Excelsior Private Equity Fund Ii Inc), Custodian Services Agreement (Ust Private Equity Investors Fund Inc)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing Board 's directors or Members, as applicableof the Fund's members, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that after such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Custodian Services Agreement (Excelsior Venture Partners Iii LLC), Custodian Services Agreement (Excelsior Venture Partners Fund Iii LLC)
Instructions. (a) A. Unless otherwise provided in this Agreement, PFPC Trust Distributor shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust B. Distributor shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Distributor to be an Authorized Person) pursuant to this Agreement. PFPC Trust Distributor may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of the Trust’s organizational documents of the Funds or of this Agreement or with any vote, resolution or proceeding of each the Trust’s Board of Trustees or any Fund’s Governing Board or Members, as applicable's shareholders, unless and until PFPC Trust Distributor receives Written Instructions to the contrary.
(c) C. The Funds agree Trust agrees to forward to PFPC Trust Distributor Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC TrustDistributor’s ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Distributor shall incur no liability to the Trust or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’ actions comply with the other provisions of this Agreement.
D. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Distributor shall incur no liability to the Trust or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’s actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Underwriting Agreement (Matthews International Funds), Underwriting Agreement (Matthews International Funds)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s PFPC's ability to rely upon such Oral Instructions. If the Written Instructions differ from the Oral Instructions, any actions that PFPC takes or omits based on the Oral Instructions before PFPC has a reasonable opportunity to act on the Written Instructions shall be valid and enforceable.
Appears in 2 contracts
Sources: Administration and Accounting Services Agreement (CRM Mutual Fund Trust), Administration and Accounting Services Agreement (CRM Mutual Fund Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributors shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust Distributors shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Distributors to be an Authorized Person) pursuant to this Agreement. PFPC Trust Distributors may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust Distributors receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Distributors Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust Distributors receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributors or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s Distributors' ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Distributors shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Distributors' actions comply with the other provisions of this Agreement. If the Written Instructions differ from the Oral Instructions, any actions that PFPC Distributors takes or omits based on the Oral Instructions before PFPC Distributors has a reasonable opportunity to act on the Written Instructions shall be valid and enforceable.
Appears in 2 contracts
Sources: Underwriting Agreement (CRM Mutual Fund Trust), Underwriting Agreement (CRM Mutual Fund Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received, provided that in any event PFPC Trust shall be entitled to rely on such Oral Instructions. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability Trust shall incur no liability to rely the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Custodian Services Agreement (Provident Institutional Funds), Custodian Services Agreement (Provident Institutional Funds)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing Board 's directors or Members, as applicableof the Fund's members, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Custodian Services Agreement (Gam Avalon Dinadan LLC), Custodian Services Agreement (Gam Avalon Palemedes LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Directors/Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions as promptly as practicable and in any event by the close of business on the same day that after such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s PFPC's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Transfer Agency Services Agreement (Ust Private Equity Investors Fund Inc), Transfer Agency Services Agreement (Excelsior Private Equity Fund Ii Inc)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon , including standing Written Instructions that are given and confirmed in such manner as PFPC Trust may from time related to time determineongoing instructions received electronically.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Board of Trustees or the Fund’s Governing Board or Members, as applicableShareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions given on behalf of the Fund (except where such Oral Instructions are given by PFPC Trust or its affiliates) so and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Trust’s ability to rely upon such Oral Instructionsactions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Custodian Services Agreement (Highland Special Situations Fund II), Custodian Services Agreement (Highland Credit Strategies Fund)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or and Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Instructions and Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each Fund’s Governing Board the Board, or Members, as applicable, the Members unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way shall invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Trust’s ability to rely upon such Oral Instructionsactions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Custodian Services Agreement (Pw Cypress Fund LLC), Custodian Services Agreement (Ubs Pw Technology Partners LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC SEI Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC SEI Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC SEI Trust to be an Authorized Person) pursuant to this Agreement. PFPC SEI Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing Board 's Managers or Members, as applicableof the Fund's members, unless and until PFPC SEI Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC SEI Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC SEI Trust or its affiliates) so that PFPC SEI Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are receivedreceived by SEI Trust. The fact that such confirming Written Instructions are not received by PFPC SEI Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC SEI Trust’s 's ability to rely upon such Oral Instructions provided that if SEI Trust receives confirming Written Instructions that differ from SEI Trust's understanding of the Oral Instructions and SEI Trust is in a position to correct the transaction or transactions to conform to the confirming Written Instructions without assuming liability, SEI Trust will reasonably attempt to make reasonable appropriate corrections to conform to the Written Instructions, but in no event shall SEI assume any liability for its failure to do so for any reason.
Appears in 2 contracts
Sources: Custodian Services Agreement (Bacap Alternative Mult Strategy Fund LLC), Custodian Services Agreement (Bacap Alternative Mult Strategy Fund LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or and Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Instructions and Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing Board 's directors or Members, as applicable, Members unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way shall invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. PFPC agrees to notify the Fund promptly if confirming Written Instructions are not timely received or if they differ from such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability Trust shall incur no liability to rely the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Custodian Services Agreement (Morgan J P Hedge Fund Series/Alpha LLC), Custodian Services Agreement (Morgan J P Hedge Fund Series/Core LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributor shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust Distributor shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Distributor to be an Authorized Person) pursuant to this Agreement. PFPC Trust Distributor may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of the Trust’s organizational documents of the Funds or of this Agreement or with any vote, resolution or proceeding of each the Trust’s Board of Trustees or any Fund’s Governing Board or Members, as applicable's shareholders, unless and until PFPC Trust Distributor receives Written Instructions to the contrary.
(c) The Funds agree Trust agrees to forward to PFPC Trust Distributor Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC TrustDistributor’s ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Distributor shall incur no liability to the Trust or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’ actions comply with the other provisions of this Agreement.
(d) Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Distributor shall incur no liability to the Trust or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’s actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Underwriting Agreement (Eii Realty Securities Trust), Underwriting Agreement (Bennett Global Funds)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Administrator shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust Administrator shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Administrator to be an Authorized Person) pursuant to this Agreement. PFPC Trust Administrator may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Directors or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust Administrator receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Administrator Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust Administrator or its affiliates) so that PFPC Trust Administrator receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Administrator or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s Administrator's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Administrator shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that Administrator's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Administration Agreement (Boulder Growth & Income Fund), Administration Agreement (Boulder Growth & Income Fund)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s PFPC's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Administration and Accounting Services Agreement (Kalmar Pooled Investment Trust), Administration and Accounting Services Agreement (Mutual Fund Investment Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributors shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust Distributors shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Distributors to be an Authorized Person) pursuant to this Agreement. PFPC Trust Distributors may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust Distributors receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Distributors Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust Distributors receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributors or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s Distributors' ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Distributors shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Distributors' actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Underwriting Agreement (Smithgraham Institutional Funds), Underwriting Agreement (BHR Institutional Funds)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon , including standing Written Instructions that are given and confirmed in such manner as PFPC Trust may from time related to time determineongoing instructions received electronically.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing Board of Trustees or Members, as applicableof the Fund’s Shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability shall incur no liability to rely the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC’s actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Accounting Services Agreement (Highland Credit Strategies Fund), Accounting Services Agreement (Highland Funds I)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust BNY Mellon shall act only upon Oral Instructions or and Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust BNY Mellon shall be entitled to rely upon any Oral Instruction or Instructions and Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust BNY Mellon to be an Authorized Person) pursuant to this Agreement. PFPC Trust BNY Mellon may reasonably assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing Board of Directors or Members, as applicableof the Fund’s shareholders, unless and until PFPC Trust BNY Mellon receives Written Instructions to the contrary.
(c) The Funds agree VFS agrees, as applicable, to forward to PFPC Trust BNY Mellon Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust BNY Mellon or its affiliates) so that PFPC Trust BNY Mellon receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions BNY Mellon shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or PFPC Trust’s ability Written Instructions reasonably appear to rely have been received from an Authorized Person, BNY Mellon shall incur no liability to VFS or the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that BNY Mellon’s actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Sub Administration Services Agreement (Virtus Stone Harbor Emerging Markets Income Fund), Sub Administration Services Agreement (Duff & Phelps Select Energy MLP Fund Inc.)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon , including standing Written Instructions that are given and confirmed in such manner as PFPC Trust may from time related to time determineongoing instructions received electronically.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing Board of Trustees or Members, as applicableof the Fund’s Shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Highland agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability shall incur no liability to rely Highland or the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC’s actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Sub Administration Services Agreement (Highland Credit Strategies Fund), Sub Administration Services Agreement (Highland Funds I)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributors shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust Distributors shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Distributors to be an Authorized Person) pursuant to this Agreement. PFPC Trust Distributors may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Directors or Members, as applicableTrustees or of the Fund's shareholders, unless and until PFPC Trust Distributors receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Distributors Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust Distributors receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributors or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s Distributors’ ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Distributors shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Distributors’ actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Underwriting Agreement (Eii Realty Securities Trust), Underwriting Agreement (Torray Fund)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided Instructions and any other relevant information in the possession of the Administrator or the Escrow Agent that has been received by PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determineTrust.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to in accordance with this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Directors or Members, as applicableof the Fund's members, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same business day following the day that such Oral Instructions are receivedreceived as designated by the Fund. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions pending receipt of Written Instructions; provided that PFPC Trust shall immediately notify the Fund and the Manager of any discrepancies between any Oral Instructions and the Written Instructions which purport to confirm those Oral Instructions, and indicate whether it acted in accordance with the Oral Instructions or the later Written Instructions.
Appears in 2 contracts
Sources: Custodian Services Agreement (J P Morgan Atlas Global Long / Short Equity Fund LLC), Custodian Services Agreement (Jp Morgan Multi-Strategy Fund LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or and Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Instructions and Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of the Trust's organizational documents of the Funds or of any vote, resolution or proceeding of each Fund’s Governing Board the Trust's Trustees or Members, as applicableof the Trust's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Trust agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same business day that after such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability shall incur no liability to rely the Trust in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Administration and Accounting Services Agreement (Hambrecht & Quist Fund Trust), Administration and Accounting Services Agreement (Hambrecht & Quist Fund Trust)
Instructions. (a) A. Unless otherwise provided in this Agreement, PFPC Trust Distributor shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust B. Distributor shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Distributor to be an Authorized Person) pursuant to this Agreement. PFPC Trust Distributor may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of the Funds’ organizational documents of the Funds or of this Agreement or with any vote, resolution or proceeding of each the Funds’ Boards of Directors or any Fund’s Governing Board or Members, as applicableshareholders, unless and until PFPC Trust Distributor receives Written Instructions to the contrary.
(c) The Funds agree C. Each Fund agrees to forward to PFPC Trust Distributor Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC TrustDistributor’s ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Distributor shall incur no liability to any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’ actions comply with the other provisions of this Agreement.
D. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Distributor shall incur no liability to any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’s actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Underwriting Agreement (Stratton Funds, Inc.), Underwriting Agreement (Stratton Multi-Cap Fund, Inc.)
Instructions. (a) Unless otherwise provided in this AgreementJNAM shall be deemed to have received Instructions (as that term is used herein) upon receipt of written instructions (including receipt by facsimile), PFPC Trust which may be continuing instructions, signed by one or more persons the Trustees shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may have from time to time determine.
(b) PFPC Trust shall authorized to give the particular class of Instructions in question. Different persons may be entitled authorized to rely upon any Oral Instruction give Instructions for different purposes, and Instructions may be general or Written Instruction it receives from an Authorized Person (or from specific in terms. A certified copy of a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds or of any votebylaw, resolution or proceeding action of each Fund’s Governing Board the Trustees of the Trust may be received and accepted by JNAM as conclusive evidence of the authority of any such persons to act and may be considered to be in full force and effect until receipt of written notice (or Members, as applicable, unless and until PFPC Trust receives Written Instructions oral notice followed by written confirmation within seven days) to the contrary.
(cb) The Funds agree One or more designated persons may be authorized to forward issue oral (such term as used herein including, without limitation, telephoned) instructions, specifying the type or types of instructions that may be so issued, in which case the Trust shall deliver to PFPC Trust Written JNAM resolutions of the Trustees to such effect. Such oral instructions shall promptly be confirmed in writing to JNAM. Such instructions when given in accordance with the provisions hereof and with such resolutions shall be deemed Instructions confirming Oral hereunder. In the case of conflict between oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliatesa person designated in the resolution of the Trustees referred to in the first sentence of this subparagraph (b) so that PFPC Trust receives and any written Instructions, the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not most recently received by PFPC Trust JNAM shall prevail following such receipt, and in case of conflict between oral Instructions given by a person designated in such resolution and any written confirmation or differ from the Oral purported confirmation of oral Instructions, such written confirmation or purported confirmation shall prevail following receipt thereof by JNAM; provided that any transaction initiated by JNAM pursuant to such oral Instructions, may, but need not, be completed by JNAM notwithstanding JNAM’s receipt of conflicting subsequent Instructions shall in no way invalidate the transactions hereunder or enforceability written confirmation or purported confirmation of the transactions authorized by the Oral oral Instructions or PFPC Trusthereunder subsequent to JNAM’s ability to rely upon initiation of such Oral Instructionstransaction.
Appears in 2 contracts
Sources: Transfer Agency Agreement (JNL Investors Series Trust), Transfer Agency Agreement (JNL Series Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds Organizational Documents or this Agreement or of any vote, resolution or proceeding of each a Fund’s Governing Board 's directors, Managers, General Partner, or Members, as applicable, unless and until PFPC Trust receives Written Instructions to the contrary, unless PFPC has actual knowledge to the contrary.
(c) The Funds CSFBAC and each Fund, as appropriate, agree to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions as promptly as practicable and in any event by the close of business on the same day that after such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s PFPC's ability to rely upon such Oral Instructions. Without prejudice to the foregoing, where PFPC is aware of a material discrepancy between Oral Instructions and confirming Written Instructions, PFPC shall promptly notify CSFBAC or the Fund, as appropriate, of such discrepancy. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC shall incur no liability to CSFBAC or the Fund, as appropriate, in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Administration, Accounting and Investor Services Agreement (CSFB Alternative Capital Relative Value Fund, LLC), Administration, Accounting and Investor Services Agreement (CSFB Alternative Capital Long/Short Equity Institutional Fund, LLC)
Instructions. (a) a. Unless otherwise provided in this Agreement, PFPC Trust Professional Funds Distributor shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust b. Professional Funds Distributor shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Professional Funds Distributor to be an Authorized Person) pursuant to this Agreement. PFPC Trust Professional Funds Distributor may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust Professional Funds Distributor receives Written Instructions to the contrary.
(c) c. The Funds agree Fund agrees to forward to PFPC Trust Professional Funds Distributor Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust Professional Funds Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Professional Funds Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s Professional Funds Distributor's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Professional Funds Distributor shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that Professional Funds Distributor's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Underwriting Agreement (Sparx Funds Trust), Underwriting Agreement (Wt Mutual Fund)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds or of any vote, resolution or proceeding of each Fund’s Governing Board the Funds' directors or Members, as applicableof the Funds' members, unless and until PFPC Trust receives Written Instructions to the contrary, PFPC Trust has actual knowledge to the contrary, or such Oral or Written Instructions are outside the scope of the authority of the Authorized Person giving the instructions and the Funds have previously given PFPC Trust written notice of the relevant limitation on such Authorized Person's authority and such Oral or Written Instructions clearly exceed such Authorized Person's authority.
(c) The Funds agree to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions.
Appears in 2 contracts
Sources: Custodian Services Agreement (CSFB Alternative Capital Multi-Strategy Fund, LLC), Custodian Services Agreement (CSFB Alternative Capital Tactical Trading Institutional Fund, LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall BNY Mellon will act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust BNY Mellon shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust BNY Mellon to be an Authorized Person) pursuant to this Agreement. PFPC Trust BNY Mellon may assume that any Oral Instructions or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of the Company’s organizational documents of the Funds or of this Agreement or with any vote, resolution or proceeding of each the Company’s Board of Trustees or Directors or any Fund’s Governing Board or Members, as applicableshareholders, unless and until PFPC Trust BNY Mellon receives Written Instructions to the contrary.
(c) The Funds agree Upon the request of BNY Mellon, the Company agrees to forward to PFPC Trust BNY Mellon Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are receivedInstructions. The fact that such confirming Written Instructions are not received by PFPC Trust BNY Mellon or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC TrustBNY Mellon’s ability to rely upon such Oral Instructions.
(e) Where Instructions reasonably appear to have been received from an Authorized Person, BNY Mellon shall incur no liability to the Company or any Fund in acting upon such Instructions provided that BNY Mellon’s actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: State Filing Services Agreement (Sterling Capital Funds), State Filing Services Agreement (AMG Pantheon Private Equity Fund, LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributors shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust Distributors shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Distributors to be an Authorized Person) pursuant to this Agreement. PFPC Trust Distributors may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing Board of Directors or Members, as applicableTrustees or of the Fund’s shareholders, unless and until PFPC Trust Distributors receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Distributors Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust Distributors receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributors or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s Distributors’ ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Distributors shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Distributors’ actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Underwriting Agreement (Wilshire Variable Insurance Trust), Underwriting Agreement (Highland Funds I)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s PFPC's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with such Oral or Written Instructions and the other provisions of this Agreement.
Appears in 2 contracts
Sources: Transfer Agency Services Agreement (Mackenzie Investment Management Inc), Transfer Agency Services Agreement (Ivy Fund)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Trust or of any vote, resolution or proceeding of each Fund’s Governing Board the Trust's Trustees or Members, as applicableof the Trust's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Trust agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same business day that after such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability Trust shall incur no liability to rely the Trust in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Custodian Services Agreement (Hambrecht & Quist Fund Trust), Custodian Services Agreement (Hambrecht & Quist Fund Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon , including standing Written Instructions that are given and confirmed in such manner as PFPC Trust may from time related to time determineongoing instructions received electronically.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds Trust Agreement or this Agreement or of any vote, resolution or proceeding of each Fundthe Trust’s Governing Board or Members, as applicable, of Trustees unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Trust agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability shall incur no liability to rely the Trust in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC’s actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Investor Services Agreement (Highland Capital Multi-Strategy Fund), Accounting Services Agreement (Highland Capital Multi-Strategy Fund)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Trust or of any vote, resolution or proceeding of each Fund’s Governing the Trust's Board of Trustees or Members, as applicableof the Trust's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Trust agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions.
Appears in 2 contracts
Sources: Custodian Services Agreement (BHR Institutional Funds), Custodian Services Agreement (BHR Institutional Funds)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Directors or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability Trust shall incur no liability to rely the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Custodian Services Agreement (Gamna Series Funds Inc), Custodian Services Agreement (Gamna Series Funds Inc)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Professional Funds Distributor shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust Professional Funds Distributor shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Professional Funds Distributor to be an Authorized Person) pursuant to this Agreement. PFPC Trust Professional Funds Distributor may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust Professional Funds Distributor receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Professional Funds Distributor Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust Professional Funds Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Professional Funds Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s Professional Funds Distributor's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Professional Funds Distributor shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that Professional Funds Distributor's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Underwriting Agreement (Wt Mutual Fund), Underwriting Agreement (Wilmington Low Volatility Fund of Funds)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions. If the Written Instructions differ from the Oral Instructions, any actions that PFPC Trust takes or omits based on the Oral Instructions before PFPC Trust has a reasonable opportunity to act on the Written Instructions shall be valid and enforceable.
Appears in 2 contracts
Sources: Custodian Services Agreement (CRM Mutual Fund Trust), Custodian Services Agreement (CRM Mutual Fund Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with law, regulation, market practice, the provisions of organizational documents of the Funds Fund, or of any vote, resolution or proceeding of each the Fund’s Governing Board of Trustees or Members, as applicableof the Fund’s shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliatesa subsidiary of PNC Global Investment Servicing Inc.) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The Each confirmation is to be clearly marked “Confirmation.” Although PFPC Trust will attempt to notify the Fund if confirming Written Instructions do not conform to the Oral Instructions, the fact that such confirming Written Instructions are not timely received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s ability to rely completely upon such Oral Instructions.
Appears in 2 contracts
Sources: Custodian Services Agreement (PNC Funds), Custodian Services Agreement (PNC Advantage Funds)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or and Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Instructions and Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds Custodian and the Fund, as applicable, agree to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability Trust shall incur no liability to rely the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Sub Custodian Services Agreement (Wt Mutual Fund), Sub Custodian Services Agreement (Wt Investment Trust I)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon and Written Instructions that are given and confirmed in such manner as PFPC Trust may from time including standing Written Instructions related to time determineongoing instructions received electronically.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or and Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each Fund’s Governing the Company's Board of Managers or of the Company's Members, as applicable, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Company agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability shall incur no liability to rely the Company in acting upon such Oral Instructionsor Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 2 contracts
Sources: Administration, Accounting and Investor Services Agreement (Sawgrass Fund LLC), Administration, Accounting and Investor Services Agreement (Stratigos Fund LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) Unless PFPC Trust knows or reasonably should have known otherwise, PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree to Sage agrees that the Fund will forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability in acting upon such Oral Instructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 1 contract
Sources: Custodian Services Agreement (Sage Life Investment Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized PersonPerson who is listed on the then current Authorized Persons Appendix) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing Board 's managers or Members, as applicableof the Fund's members, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that after such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions. PFPC Trust shall promptly notify the Fund of any differences between the Oral Instructions and the confirming Written Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, who is listed on the then current Authorized Persons Appendix PFPC Trust shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 1 contract
Sources: Custodian Services Agreement (Excelsior Buyout Investors LLC)
Instructions. A. JNAM shall be deemed to have received Instructions (aas that term is used herein) Unless otherwise provided in this Agreementupon receipt of written instructions (including receipt by facsimile), PFPC Trust which may be continuing instructions, signed by one or more persons the Trustees shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may have from time to time determine.
(b) PFPC Trust shall authorized to give the particular class of Instructions in question. Different persons may be entitled authorized to rely upon any Oral Instruction give Instructions for different purposes, and Instructions may be general or Written Instruction it receives from an Authorized Person (or from specific in terms. A certified copy of a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds or of any votebylaw, resolution or proceeding action of each Fund’s Governing Board the Trustees of the Trust may be received and accepted by JNAM as conclusive evidence of the authority of any such persons to act and may be considered to be in full force and effect until receipt of written notice (or Members, as applicable, unless and until PFPC Trust receives Written Instructions oral notice followed by written confirmation within seven days) to the contrary.
B. One or more designated persons may be authorized to issue oral (csuch term as used herein including, without limitation, telephoned) The Funds agree instructions, specifying the type or types of instructions that may be so issued, in which case the Trust shall deliver to forward JNAM resolutions of the Trustees to PFPC Trust Written such effect. Such oral instructions shall promptly be confirmed in writing to JNAM. Such instructions when given in accordance with the provisions hereof and with such resolutions shall be deemed Instructions confirming Oral hereunder. In the case of conflict between oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliatesa person designated in the resolution of the Trustees referred to in the first sentence of this subparagraph (b) so that PFPC Trust receives and any written Instructions, the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not most recently received by PFPC Trust JNAM shall prevail following such receipt, and in case of conflict between oral Instructions given by a person designated in such resolution and any written confirmation or differ from the Oral purported confirmation of oral Instructions, such written confirmation or purported confirmation shall prevail following receipt thereof by JNAM; provided that any transaction initiated by JNAM pursuant to such oral Instructions, may, but need not, be completed by JNAM notwithstanding JNAM’s receipt of conflicting subsequent Instructions shall in no way invalidate the transactions hereunder or enforceability written confirmation or purported confirmation of the transactions authorized by the Oral oral Instructions or PFPC Trusthereunder subsequent to JNAM’s ability to rely upon initiation of such Oral Instructionstransaction.
Appears in 1 contract
Sources: Transfer Agency Agreement (JNL Investors Series Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing Board of Directors or Members, as applicableof the Fund’s shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions as circumstances warrant (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s ability to rely upon such Oral Instructions.
Appears in 1 contract
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributor shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust Distributor shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Distributor to be an Authorized Person) pursuant to this Agreement. PFPC Trust Distributor may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds Advisor or of with any vote, resolution or proceeding of each FundAdvisor’s Governing Board or Members, as applicableof Directors, unless and until PFPC Trust Distributor receives Written Instructions to the contrary.
(c) The Funds agree Advisor agrees to forward to PFPC Trust Distributor Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust Distributor or its affiliatesAffiliates) so that PFPC Trust Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC TrustDistributor’s ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Distributor shall incur no liability to the Advisor or any Fund in acting upon such Oral Instructions or Written Instructions, provided that Distributor’s actions comply with the other provisions of this Agreement.
(d) Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Distributor shall incur no liability to the Advisor or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’s actions comply with the other provisions of this Agreement.
Appears in 1 contract
Sources: Distribution Services Agreement (Stratton Real Estate Fund, Inc.)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that . PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing Board of Directors or Members, as applicableTrustees or of the Fund’s shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) . The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC TrustPFPC’s ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC’s actions comply with the other provisions of this Agreement.
Appears in 1 contract
Sources: Transfer Agency Services Agreement (Aal Mutual Funds)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonable appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 1 contract
Sources: Custodian Services Agreement (Elite Group of Mutual Funds)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may L:\MFApps\Docubuilder\N-1 A Filings\April 2006\TPT\C-Pages & Exhibits\Exhibit (g)(2).htm assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds any Fund or of this Agreement or with any vote, resolution or proceeding of each any Fund’s Governing 's Board of Trustees, Board of Directors or Members, as applicablesimilar governing entity or of any Fund's shareholders, unless and until PFPC Trust receives Written Instructions relating to a particular Fund to the contrary.
(c) The Funds agree Each Fund agrees to forward to PFPC Trust Written Instructions Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same New York Stock Exchange business day that such (i.e., a day on which the New York Stock Exchange is open for trading) immediately following the day on which the Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s PFPC's ability to rely upon such Oral Instructions.
Appears in 1 contract
Sources: Accounting Services Agreement (Target Portfolio Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust PNC Bank shall act only upon Oral Instructions or and Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust PNC Bank shall be entitled to rely upon any Oral Instruction or Instructions and Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust PNC Bank to be an Authorized Person) pursuant to this Agreement. PFPC Trust PNC Bank may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Directors or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust PNC Bank receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust PNC Bank Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust PNC Bank or its affiliates) so that PFPC Trust PNC Bank receives the Written Instructions as promptly as practicable and in any event by the close of business on the same day that after such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust PNC Bank or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or PFPC Trust’s ability Written Instructions reasonably appear to rely have been received from an Authorized Person, PNC Bank shall incur no liability to the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PNC Bank's actions comply with the other provisions of this Agreement.
Appears in 1 contract
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed in good faith by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each Fund’s Governing Board the Funds' managers or Members, as applicablemembers, unless and until PFPC Trust receives Written Instructions to the contrary or unless PFPC has actual knowledge to the contrary.
(c) The Funds CSFBAC and each Fund agree to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions. Without prejudice to the foregoing, where PFPC Trust is aware of a material discrepancy between Oral Instructions and confirming Written Instructions, PFPC Trust shall promptly notify CSFBAC or the Fund, as appropriate, of such discrepancy. Where Oral Instructions of Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to CSFBAC or the Fund, as appropriate, in acting upon such Oral Instructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 1 contract
Sources: Custodian Services Agreement (CFSB Alternative Capital Event Driven Master Fund, LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Membersof the Fund's shareholders, as applicableunless PFPC knows such instructions are inconsistent with any of the foregoing (for example because PFPC has received prior Written Instructions, or has participated in discussions on the same issue) unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s PFPC's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 1 contract
Sources: Administration and Accounting Services Agreement (MCM Funds)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust Distributor shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust Distributor shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust Distributor to be an Authorized Person) pursuant to this Agreement. PFPC Trust Distributor may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of the Fund Company’s organizational documents of the Funds or of this Agreement or with any vote, resolution or proceeding of each the Fund Company’s Board of Directors or any Fund’s Governing Board or Members, as applicable's shareholders, unless and until PFPC Trust Distributor receives Written Instructions to the contrary.
(c) The Funds agree Fund Company agrees to forward to PFPC Trust Distributor Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust Distributor receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust Distributor or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC TrustDistributor’s ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Distributor shall incur no liability to the Fund Company or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’ actions comply with the other provisions of this Agreement.
(d) Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, Distributor shall incur no liability to the Fund Company or any Fund in acting upon such Oral Instructions or Written Instructions provided that Distributor’s actions comply with the other provisions of this Agreement.
Appears in 1 contract
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Trust or of any vote, resolution or proceeding of each Fund’s Governing the Trust's Board of Trustees or Members, as applicableof the Trust's Participants, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Trust agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions.
Appears in 1 contract
Sources: Custodian Services Agreement (Afl Cio Housing Investment Trust)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Directors or Members, as applicableTrustees or of the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s PFPC's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC shall incur no liability to the Fund in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 1 contract
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds Organizational Documents or this Agreement or of any vote, resolution resolution, or proceeding of each the Administrator's or the Fund’s Governing Board 's directors or Members, as applicable, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Administrator agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions as promptly as practicable and in any event by the close of business on the same day that after such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s PFPC's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC shall incur no liability to the Administrator in acting upon such Oral Instructions or Written Instructions provided that PFPC's actions comply with the other provisions of this Agreement.
Appears in 1 contract
Sources: Sub Administration and Accounting Services Agreement (Db Hedge Strategies Fund LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction Instructions or Written Instruction Instructions it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Directors or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions.
Appears in 1 contract
Sources: Custodian Services Agreement (Columbia Management Multi Strategy Hedge Fund LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or this Agreement or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Trustees or Members, as applicableof the Fund's shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust shall incur no liability to the Fund for acting upon such Oral Instructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 1 contract
Sources: Custodian Services Agreement (Monument Series Fund Inc)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed in good faith by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions or Written Instructions received hereunder are not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Fund’s Governing 's Board of Directors or Members, as applicableof the Fund's members, unless and until PFPC Trust receives Written Instructions to the contrary, PFPC Trust has actual knowledge to the contrary, or such Oral or Written Instructions are outside the scope of the authority of the Authorized Person giving the instructions and the Fund has previously given PFPC Trust written notice of the relevant limitation on such Authorized Person's authority and such Oral or Written Instructions clearly exceed such Authorized Person's authority.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust or its affiliates) so that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The Provided PFPC Trust acts in good faith and has no actual knowledge regarding the invalidity of Oral Instructions, the fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC Trust’s 's ability to rely upon such Oral Instructions.
Appears in 1 contract
Sources: Custodian Services Agreement (Citigroup Alternative Investments Multi Adv Hedge Fu Por LLC)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust PNC shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon Written Instructions that are given and confirmed in such manner as PFPC Trust may from time to time determine.
(b) PFPC Trust PNC shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust PNC to be an Authorized Person) pursuant to this Agreement. PFPC Trust PNC may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds or of any vote, resolution or proceeding of each the Fund’s Governing Board of Trustees or Members, as applicableof the Fund’s shareholders, unless and until PFPC Trust PNC receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust PNC Written Instructions confirming Oral Instructions (except where such Oral Instructions are given by PFPC Trust PNC or its affiliates) so that PFPC Trust PNC receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust PNC or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions or PFPC TrustPNC’s ability to rely upon such Oral Instructions.
Appears in 1 contract
Sources: Administration and Accounting Services Agreement (Industry Leaders Fund)
Instructions. (a) Unless otherwise provided in this Agreement, PFPC Trust shall act only upon Oral Instructions or Written Instructions; provided that PFPC Trust shall not take any action relating to any investments in or holdings of any Portfolio Funds except upon , including standing Written Instructions that are given and confirmed in such manner as PFPC Trust may from time related to time determineongoing instructions received electronically.
(b) PFPC Trust shall be entitled to rely upon any Oral Instruction or Written Instruction it receives from an Authorized Person (or from a person reasonably believed by PFPC Trust to be an Authorized Person) pursuant to this Agreement. PFPC Trust may assume that any Oral Instructions Instruction or Written Instructions Instruction received hereunder are is not in any way inconsistent with the provisions of organizational documents of the Funds Fund or of any vote, resolution or proceeding of each the Board of Managers or the Fund’s Governing Board or Members, as applicable's Shareholders, unless and until PFPC Trust receives Written Instructions to the contrary.
(c) The Funds agree Fund agrees to forward to PFPC Trust Written Instructions confirming Oral Instructions given on behalf of the Fund (except where such Oral Instructions are given by PFPC Trust or its affiliates) so and shall endeavor to ensure that PFPC Trust receives the Written Instructions by the close of business on the same day that such Oral Instructions are received. The fact that such confirming Written Instructions are not received by PFPC Trust or differ from the Oral Instructions shall in no way invalidate the transactions or enforceability of the transactions authorized by the Oral Instructions. Where Oral Instructions or Written Instructions reasonably appear to have been received from an Authorized Person, PFPC Trust’s ability Trust shall incur no liability to rely the Fund in acting upon such Oral InstructionsInstructions or Written Instructions provided that PFPC Trust's actions comply with the other provisions of this Agreement.
Appears in 1 contract
Sources: Custodian Services Agreement (Highland Floating Rate LTD Liability Co)