Operational Provsions Clause Samples
Operational Provsions
Related to Operational Provsions
Operational Procedures In order to minimize operational problems, it will be necessary for a flow of information to be supplied in a secure manner by Subadviser to the Trust’s service providers, including: The Bank of New York Mellon (the “Custodian”), Virtus Fund Services, LLC (the “Fund Administrator”), BNY Mellon Investment Servicing (US) Inc., (the “Accounting Agent”), any Prime Broker to the Series, and all other Counterparties/Brokers as required. The Subadviser must furnish the Trust’s service providers with required daily information as to executed trades in a format and time-frame agreed to by the Subadviser, Custodian, Fund Administrator, Accounting Agent and Prime Broker/Counterparties and designated persons of the Trust. Trade information sent to the Custodian, Fund Administrator, Accounting Agent and Prime Broker/Counterparties must include all necessary data within the required timeframes to allow such parties to perform their obligations to the Designated Series. The Accounting Agent specifically requires a daily trade blotter with a summary of all trades, in addition to trade feeds, including, if no trades are executed, a report to that effect. Daily information as to executed trades for same-day settlement and future trades must be sent to the Accounting Agent no later than 5:00 p.m. (Eastern Time) on the day of the trade each day the Trust is open for business. All other executed trades must be delivered to the Accounting Agent on trade date +1 by 11:00 a.m. (Eastern Time) to ensure that they are part of the Designated Series’ NAV calculation. (Subadviser will be responsible for reimbursement to the Trust for any loss caused by the Subadviser’s failure to comply with the requirements of this Schedule A.) On fiscal quarter ends and calendar quarter ends, all trades must be delivered to the Accounting Agent by 4:30 p.m. (Eastern Time) for inclusion in the financial statements of the Designated Series. The data to be sent to the Accounting Agent and/or Fund Administrator will be as agreed by the Subadviser, Fund Administrator, Accounting Agent and designated persons of the Trust and shall include (without limitation) the following:
Additional Provisions The By-Laws may include further provisions for Shareholders' votes and meetings and related matters.
Transitional Provisions As from the official date of entry into force of the 03 series of amendments to this Regulation, no Contracting Party applying this Regulation shall refuse to grant or refuse to accept type-approvals under this Regulation as amended by the 03 series of amendments. Transitional Provisions for Phase 1 (see paragraph 6.2.2. above) As from 1 July 2016, Contracting Parties applying this Regulation shall grant type-approvals only if the vehicle type to be approved meets the requirements of phase 1 (see paragraph 6.2.2. above) of this Regulation as amended by the 03 series of amendments. As from the official date of entry into force of the 03 series of amendments, Contracting Parties applying this Regulation shall grant type approvals to the vehicle type which meets the requirements of phase 2 or phase 3 of this Regulation as amended by the 03 series of amendments. Contracting Parties applying this Regulation shall not refuse to grant extensions of type approvals for existing types which have been granted according to the 02 series of amendments to this Regulation. Until 30 June 2022, no Contracting Party applying this Regulation shall refuse national or regional type approval of a vehicle type-approved to the 02 series of amendments to this Regulation. As from 1 July 2022, Contracting Parties applying this Regulation shall not be obliged to accept for the purpose of national or regional type approval, a vehicle type approved to the preceding series of amendments to this Regulation. Even after the date of entry into force of the 03 series of amendments to this Regulation, Contracting Parties applying this Regulation may continue for national or regional purposes granting type approvals and extensions of type approvals to the preceding series of amendments to this Regulation. Transitional Provisions for Phase 2 (see paragraph 6.2.2. above) As from 1 July 2020 for vehicle types other than N2 and as from 1 July 2022 for vehicles types of category N2, Contracting Parties applying this Regulation shall grant type approvals only if the vehicle type to be approved meets the requirements of phase 2 (see paragraph 6.2.2. above) of this Regulation as amended by the 03 series of amendments. Furthermore, as from the official date of entry into force of the 03 series of amendments, Contracting Parties applying this Regulation shall grant type approvals to the vehicle type which meets the requirements of phase 3 of this Regulation as amended by the 03 series of amendments. Contracting Parties applying this Regulation shall not refuse to grant extensions of type approvals for existing types which have been granted according to phase 1 (see paragraph 6.2.2. above) or the 02 series of amendments to this Regulation. Until 30 June 2022 for vehicle types other than N2 and until 30 June 2023 for vehicles types of category N2, no Contracting Party applying this Regulation shall refuse national or regional type approval of a vehicle type-approved to phase 1 (see paragraph 6.2.2. above) or the 02 series of amendments to this Regulation. As from 1 July 2022 for vehicle types other than N2 and as from 1 July 2023 for vehicles types of category N2, Contracting Parties applying this Regulation shall not be obliged to accept for the purpose of national or regional type approval, a vehicle type approved to phase 1 (see paragraph 6.2.2.1. above) or the preceding series of amendments to this Regulation. Even after the date of entry into force of the 03 series of amendments to this Regulation, Contracting Parties applying this Regulation may continue for national or regional purposes granting type approvals and extensions of type approvals to phase 1 (see paragraph 6.2.2. above) or the preceding series of amendments to this Regulation. Transitional Provisions for Phase 3 (see paragraph 6.2.2. above) As from 1 July 2024 for vehicle types other than N2, N3 and M3 and as from 1 July 2026 for vehicles types of category N2, N3 and M3, Contracting Parties applying this Regulation shall grant type-approvals only if the vehicle type to be approved meets the requirements of phase 3 (see paragraph 6.2.2. above) of this Regulation as amended by the 03 series of amendments. Contracting Parties applying this Regulation shall not refuse to grant extensions of type approvals for existing types which have been granted according to phase 2 according to paragraph 6.2.2. above.
Final Provisions Clause 16
Definitions and General Provisions The following words and terms as hereinafter used in this Agreement shall have the following meanings unless otherwise herein provided and unless the context or use clearly indicates an other or different meaning or intent.