Common use of Limit of Authority Clause in Contracts

Limit of Authority. Unless otherwise expressly limited by the resolution of appointment or by subsequent action by Fund, the appointment of DST as Transfer Agent will be construed to cover the full amount of authorized stock of the class or classes for which DST is appointed as the same will, from time to time, be constituted, and any subsequent increases in such authorized amount. In case of such increase Fund will file with DST: A. If the appointment of DST was theretofore expressly limited, a certified copy of a resolution of Fund's Board of Directors or Trustees, as applicable, increasing the authority of DST; B. A certified copy of the amendment to Fund's Articles of Incorporation or Declaration of Trust, as applicable, authorizing the increase of stock; C. A certified copy of the order or consent of each governmental or regulatory authority required by law to consent to the issuance of the increased stock, and an opinion of counsel that the order or consent of no other governmental or regulatory authority is required;

Appears in 17 contracts

Sources: Agency Agreement (Ing Vp Emerging Markets Fund Inc), Agency Agreement (Ing Investment Funds Inc), Agency Agreement (Nicholas Applegate Mutual Funds)

Limit of Authority. Unless otherwise expressly limited by the resolution of appointment or by subsequent action by Fund, the appointment of DST as Transfer Agent will be construed to cover the full amount of authorized stock of the class or classes for which DST is appointed as the same will, from time to time, be constituted, and any subsequent increases in such authorized amount. In case of such increase Fund will file with DST: A. If the appointment of DST was theretofore expressly limited, limited a certified copy of a resolution of Fund's Board of Directors or Trustees, as applicable, increasing the authority of DST; B. A certified copy of the amendment to Fund's Articles of Incorporation or Declaration of Trust, as applicable, authorizing the increase of stock; C. A certified copy of the order or consent of each governmental or regulatory authority required by law to consent to the issuance of the increased stock, and an opinion of counsel that the order or consent of no other governmental or regulatory authority is required;

Appears in 3 contracts

Sources: Agency Agreement (Ing Variable Funds), Agency Agreement (Ing Strategic Allocation Portfolios Inc), Agency Agreement (Ing Vp Money Market Portfolio)

Limit of Authority. Unless otherwise expressly limited by the resolution of appointment or by subsequent action by the Fund, the appointment of DST as Transfer Agent will be construed to cover the full amount of authorized stock of the class or classes for which DST is appointed as the same will, from time to time, be constituted, and any subsequent increases in such authorized amount. In case of such increase the Fund will file with DST: A. If the appointment of DST was theretofore expressly limited, a certified copy of a resolution of Fund's the Board of Directors or Trustees, as applicable, of the Fund increasing the authority of DST; B. A certified copy of the amendment to Fund's the Articles of Incorporation or Declaration of Trust, as applicable, the Fund authorizing the increase of stock; C. A certified copy of the order or consent of each governmental or regulatory authority required by law to consent to the issuance of the increased stock, and an opinion of counsel that the order or consent of no other governmental or regulatory authority is required;

Appears in 3 contracts

Sources: Agency Agreement (Sogen Funds Inc), Agency Agreement (Sogen International Fund Inc/Societe Generale Touche Remnant), Agency Agreement (Constellation Funds)