Common use of Agency Trading Clause in Contracts

Agency Trading. Fund/Agent hereby appoints NFS as its agent for the sole and limited purpose of accepting Orders. NFS hereby accepts its appointment on the terms and conditions set forth herein. Notwithstanding anything in this Agreement to the contrary, NFS shall not be acting as agent for Fund/Agent in any manner whatsoever, except in accepting such Orders. NFS may appoint a third party as its agent (“NFS’ Agent”) for the purpose of receiving Orders on behalf of NFS. Such Orders received by NFS’ Agent shall be deemed received by NFS, and accordingly by Fund/Agent, simultaneously. NFS’ Agent may also appoint intermediaries as subagents for the limited purpose of receiving Orders on behalf of NFS. If such Orders are received by NFS or NFS’ Agent prior to the Close of Trading on a Business Day or such other time as designated in writing to NFS by Fund/Agent, they shall be treated as having been received by Fund/Agent on such Business Day (“Trade Date”). The parties acknowledge that some Orders may, pursuant to the practices and procedures of the NSCC, be transmitted through the NSCC Defined Contribution Clearance and Settlement System. For such Orders, NFS will, by the later of: (i) 7:30 A.M. Eastern Time or (ii) FundSERV cycle 8, or other mutually agreed upon time, each Business Day following Trade Date (“TD + 1”), provide to Fund/Agent either summarized trading instructions for the net purchase or net redemption of Shares of the Funds or detailed trading instructions based on Orders accepted by NFS or NFS’ Agent prior to Close of Trading on the prior Business Day. Under limited contingency circumstances, NFS may provide such instructions as late as 9:00 A.M. Eastern Time. NFS will provide both summarized and detailed trading instructions to Fund/Agent on TD+1 via Fund/SERV. Such instructions shall be effected at the public offering price, or such other price as may apply to the transaction, of the Shares of the respective Fund calculated as of the Close of Trading on the Business Day on which the Order was accepted by NFS or NFS’ Agent.

Appears in 1 contract

Sources: Services Agreement (GMO Series Trust)

Agency Trading. Fund/Agent hereby appoints NFS as its agent for the sole and limited purpose of accepting Orders. NFS hereby accepts its appointment on the terms and conditions set forth herein. Notwithstanding anything in this Agreement to the contrary, NFS shall not be acting as agent for Fund/Agent in any manner whatsoever, except in accepting such Orders. NFS may appoint a third party as its agent (“NFS’ Agent”) for the purpose of receiving Orders on behalf of NFS. Such Orders received by NFS’ Agent shall be deemed received by NFS, and accordingly by Fund/Agent, simultaneously. NFS’ Agent may also appoint intermediaries as subagents for the limited purpose of receiving Orders on behalf of NFS. Such Orders received by NFS’ Agent or a subagent shall be deemed received by NFS, and accordingly by Fund/Agent, simultaneously. If such Orders are received by NFS or NFS, NFS’ Agent or a subagent prior to the Close of Trading on a Business Day or such other time as designated in writing to NFS by Fund/Agent, they shall be treated as having been received by Fund/Agent on such Business Day (“Trade Date”). The parties acknowledge that some Orders may, pursuant to the practices and procedures of the NSCC, be transmitted through the NSCC Defined Contribution Clearance and Settlement System. .” For such Orders, NFS will, by the later of: (i) 7:30 9:00 A.M. Eastern Time or (ii) FundSERV cycle 8Time, or other mutually agreed upon time, each Business Day following Trade Date (“TD + 1”l “), provide to Fund/Agent either summarized trading instructions for the net purchase or net redemption of Shares of the Funds or detailed trading instructions based on Orders accepted by NFS or NFS’ Agent prior to Close of Trading on the prior Business Day. Under limited contingency circumstances, NFS may provide such instructions as late as 9:00 A.M. Eastern Time. NFS will provide both summarized and detailed trading instructions to Fund/Agent on TD+1 TD+1I via Fund/SERV. Such instructions shall be effected at the public offering price, or such other price as may apply to the transaction, of the Shares of the respective Fund calculated as of the Close of Trading on the Business Day on which the Order was accepted by NFS or NFS’ Agent. (3) Restating in its entirety Exhibit A as attached hereto. (4) Restating in its entirety Exhibit C as attached hereto. (5) Deleting Exhibit D, “Agency Trading Agreement” in its entirety and inserting a blank Exhibit D labeled “Reserved” solely in order to preserve the sequencing of subsequent exhibits.

Appears in 1 contract

Sources: Services Agreement (Tributary Funds, Inc.)