Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.
Appears in 349 contracts
Sources: Expense Contract (Fidelity Aberdeen Street Trust), Expense Contract (Fidelity Aberdeen Street Trust), Expense Contract (Fidelity Aberdeen Street Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.
Appears in 180 contracts
Sources: 35 Basis Point Expense Contract (Fidelity Advisor Series Iv), 50 Basis Point Expense Contract (Fidelity Summer Street Trust), 50 Basis Point Expense Contract (Fidelity Summer Street Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “"1940 Act”"), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.
Appears in 154 contracts
Sources: 9 Basis Point Expense Contract (Variable Insurance Products Fund Ii), 10 Basis Point Expense Contract (Variable Insurance Products Fund Ii), 10 Basis Point Expense Contract (Variable Insurance Products Fund Ii)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.
Appears in 77 contracts
Sources: Management Fee Waiver Agreement (Fidelity Rutland Square Trust II), Management Fee Waiver Agreement (Fidelity Rutland Square Trust II), Management Fee Waiver Agreement (Fidelity Rutland Square Trust II)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the Fund.
Appears in 51 contracts
Sources: Expense Limitation Agreement (Advisors' Inner Circle Fund III), Expense Limitation Agreement (Advisors' Inner Circle Fund III), Expense Limitation Agreement (Advisors' Inner Circle Fund III)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s its Agreement and Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the FundTrust.
Appears in 26 contracts
Sources: Sub Administrative Services Agreement (Old Mutual Advisor Funds), Expense Limitation Agreement (Lsa Variable Series Trust), Expense Limitation Agreement (Lsa Variable Series Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s its Amended and Restated Agreement and Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its their responsibility for or and control of the conduct of the affairs of the Trust or the FundTrust.
Appears in 23 contracts
Sources: Investment Management Agreement (Axa Premier Vip Trust), Investment Management Agreement (Axa Premier Vip Trust), Investment Management Agreement (Eq Advisors Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s its Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its their responsibility for or and control of the conduct of the affairs of the Trust or the FundTrust.
Appears in 19 contracts
Sources: Investment Advisory Agreement (FQF Trust), Investment Sub Advisory Agreement (ALPS ETF Trust), Sub Advisory Agreement (Grail Advisors ETF Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund Funds to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the FundFunds.
Appears in 19 contracts
Sources: Expense Limitation Agreement (Barr Rosenberg Series Trust), Expense Limitation Agreement (Laudus Trust), Expense Limitation Agreement (Laudus Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s 's Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “"1940 Act”"), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.
Appears in 15 contracts
Sources: 42 Basis Point Expense Contract (Fidelity Hereford Street Trust), 42 Basis Point Expense Contract (Fidelity Newbury Street Trust), 42 Basis Point Expense Contract (Fidelity Hereford Street Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund Funds to take any action contrary to the Trust’s Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the FundFunds.
Appears in 14 contracts
Sources: Expense Limitation Agreement (Laudus Trust), Expense Limitation Agreement (Schwab Annuity Portfolios), Expense Limitation Agreement (Schwab Capital Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the a Fund to take any action contrary to the Trust’s 's Agreement and Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the each Fund.
Appears in 14 contracts
Sources: Investment Advisory Agreement (American Independence Funds Trust), Expense Limitation Agreement (Allianz Variable Insurance Products Trust), Expense Limitation Agreement (Usallianz Variable Insurance Products Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.
Appears in 12 contracts
Sources: Management Fee Waiver Agreement (Fidelity Rutland Square Trust II), Management Fee Waiver Agreement (Fidelity Rutland Square Trust II), Management Fee Waiver Agreement (Fidelity Rutland Square Trust II)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the a Fund to take any action contrary to the Trust’s Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the Fund.
Appears in 10 contracts
Sources: Expense Limitation Agreement (Strategy Shares), Expense Limitation Agreement (Strategy Shares), Expense Limitation Agreement (Strategy Shares)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s its Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the FundTrust.
Appears in 9 contracts
Sources: Administrative Services Agreement (Old Mutual Advisor Funds), Expense Limitation Agreement (Lou Holland Trust), Shareholder Web Services Agreement (Old Mutual Advisor Funds)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s its Agreement and Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its their responsibility for or and control of the conduct of the affairs of the Trust or the FundTrust.
Appears in 8 contracts
Sources: Investment Management Agreement (Axa Enterprise Funds Trust), Investment Management Agreement (Axa Enterprise Funds Trust), Investment Management Agreement (Axa Enterprise Funds Trust)
Interpretation. Nothing herein contained shall be deemed to require the each Trust or the Fund Funds to take any action contrary to the Trust’s Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the each Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.
Appears in 4 contracts
Sources: Expense Contract (Fidelity Salem Street Trust), Expense Contract (Fidelity Salem Street Trust), Expense Contract (Fidelity Salem Street Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the a Fund to take any action contrary to the Trust’s Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the a Fund.
Appears in 4 contracts
Sources: Expense Contract (Fidelity Aberdeen Street Trust), Expense Contract (Fidelity Aberdeen Street Trust), Expense Contract (Fidelity Aberdeen Street Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the any Fund to take any action contrary to the Trust’s 's Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the any Fund.
Appears in 3 contracts
Sources: Expense Limitation Agreement (E Trade Funds), Expense Limitation Agreement (E Trade Funds), Expense Limitation Agreement (E Trade Funds)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to timebylaws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the Fund.
Appears in 3 contracts
Sources: Expense Limitation Agreement (Gardner Lewis Investment Trust), Fee Reduction Agreement (Gardner Lewis Investment Trust), Expense Limitation Agreement (Gardner Lewis Investment Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the a Fund to take any action contrary to the Trust’s 's Agreement and Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it the Trust or Fund is subject or by which it the Trust or Fund is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its the Board's responsibility for or and control of the conduct of the affairs of the Trust or the Fund.
Appears in 3 contracts
Sources: Fee Waiver Agreement (Gartmore Variable Insurance Trust), Fee Waiver Agreement (Gartmore Mutual Funds), Fee Waiver Agreement (Nationwide Variable Insurance Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s 's Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.
Appears in 3 contracts
Sources: 43 Basis Point Expense Contract (Fidelity Newbury Street Trust), 42 Basis Point Expense Contract (Fidelity Newbury Street Trust), 42 Basis Point Expense Contract (Fidelity Hereford Street Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund Funds to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the FundFunds.
Appears in 2 contracts
Sources: Expense Limitation Agreement (Community Development Fund), Expense Limitation Agreement (Community Development Fund)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the a Fund to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the Fund.
Appears in 2 contracts
Sources: Expense Limitation Agreement (Mutual Fund & Variable Insurance Trust), Expense Limitation Agreement (Strategy Shares)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Retail Fund to take any action contrary to the Trust’s 's Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Retail Fund.
Appears in 2 contracts
Sources: 45 Basis Point Expense Contract (Fidelity Income Fund /Ma/), 45 Basis Point Expense Contract (Fidelity Salem Street Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s its Trust Instrument or Bylaws, each as in effect from time to timeBy‑Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its their responsibility for or and control of the conduct of the affairs of the Trust or the FundTrust.
Appears in 1 contract
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.
Appears in 1 contract
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s its Master Trust Instrument Agreement or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board board of Trustees trustees of the Trust of its responsibility for or and control of the conduct of the affairs of the Trust or the Fund.
Appears in 1 contract
Sources: Investment Management Agreement (Price T Rowe State Tax Free Income Trust)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund Funds to take any action contrary to the Trust’s Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the Fund.
Appears in 1 contract
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements 1 of 5 under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.
Appears in 1 contract
Interpretation. Nothing herein contained shall be deemed to require the each Trust or the Fund Funds to take any action contrary to the Trust’s Declaration of Trust Instrument or Bylaws, each as in effect from time to time, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or control of the conduct of the affairs of the Trust or the Fund.
Appears in 1 contract
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s Trust Instrument 's declaration of trust or Bylaws, each as in effect from time to timebylaws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the Fund.
Appears in 1 contract
Sources: Expense Limitation Agreement (Weiss Peck & Greer Funds Trust /Ma)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund Funds to take any action contrary to the Trust’s Trust Instrument or Bylaws, each as in effect from time to timeInstrument, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the FundFunds.
Appears in 1 contract
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund Funds to take any action contrary to the Trust’s 's Certificate of Trust, Declaration of Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), requirement to which it is subject or by which it is bound, or to relieve or deprive the Trust’s 's Board of Trustees of its responsibility for or and control of the conduct of the affairs of the Trust or the Fund.
Appears in 1 contract
Sources: Expense Limitation Agreement (Pilgrim Mutual Funds)
Interpretation. Nothing herein contained shall be deemed to require the Trust or the Fund to take any action contrary to the Trust’s its Amended and Restated Trust Instrument or Bylaws, each as in effect from time to timeBy-Laws, or any applicable statutory or regulatory requirement, including without limitation any requirements under the Investment Company Act of 1940 (the “1940 Act”), to which it is subject or by which it is bound, or to relieve or deprive the Trust’s Board of Trustees of its their responsibility for or and control of the conduct of the affairs of the Trust or the FundTrust.
Appears in 1 contract