Common use of Interpretation Clause in Contracts

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 234 contracts

Samples: Expense Contract (Fidelity Aberdeen Street Trust), Expense Contract (Fidelity Aberdeen Street Trust), Expense Contract (Fidelity Aberdeen Street Trust)

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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”), 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 215 contracts

Samples: Expense Limitation Agreement (Valued Advisers Trust), Expense Limitation Agreement (Huntington Funds), Valued Advisers Trust (Valued Advisers 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

Samples: Expense Contract (Variable Insurance Products Fund Ii), Expense Contract (Fidelity Summer Street Trust), 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 '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 153 contracts

Samples: Expense Contract (Fidelity Concord Street Trust), Expense Contract (Variable Insurance Products Fund Ii), Expense Contract (Fidelity Fixed Income 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 76 contracts

Samples: Fee Waiver Agreement (Fidelity Rutland Square Trust II), Expense Reimbursement Agreement (Fidelity Rutland Square Trust), 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

Samples: Expense Limitation Agreement (Henderson Global Funds), Expense Limitation Agreement (Henderson Global Funds), 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

Samples: Sub Administrative Services Agreement (Old Mutual Advisor Funds), 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 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

Samples: Expense Limitation Agreement (Barr Rosenberg Series Trust), Expense Limitation Agreement (Barr Rosenberg Variable Insurance Trust), Expense Limitation Agreement (Charles Schwab Family of 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 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

Samples: Primary Investment Sub Advisory Agreement (Grail Advisors ETF Trust), Investment Advisory Agreement (FQF Trust), Investment Sub Advisory Agreement (Grail Advisors ETF 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

Samples: Expense Contract (Fidelity Commonwealth Trust II), Expense Contract (Fidelity Newbury Street Trust), Fidelity Newbury 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

Samples: Laudus Trust (Laudus Trust), Schwab Investments (Schwab Investments), Laudus Trust (Laudus 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

Samples: Expense Limitation 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 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

Samples: 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

Samples: Shareholder Web Services Agreement (Old Mutual Advisor Funds), Expense Limitation Agreement (Lou Holland Trust), Administrative 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 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 9 contracts

Samples: 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 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

Samples: 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

Samples: 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 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

Samples: Investment Trust Expense Limitation Agreement (Gardner Lewis Investment Trust), Fee Reduction Agreement (Gardner Lewis Investment Trust), 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 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 3 contracts

Samples: 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 '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

Samples: Fidelity Hereford Street Trust, Fidelity Newbury Street Trust, Fidelity Newbury Street Trust

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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

Samples: Expense Contract (Fidelity Income Fund /Ma/), Expense Contract (Fidelity Salem 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

Samples: 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

Samples: Expense Limitation Agreement (Strategy Shares), Expense Limitation Agreement (Mutual Fund & 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 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

Samples: 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 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

Samples: Investment Sub Advisory Agreement (ALPS ETF 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. 7.

Appears in 1 contract

Samples: Operations and Expense Agreement (Fidelity Advisor Series Ii)

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

Samples: Fee Waiver Agreement (HSBC Investor 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 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

Samples: Investment Management Agreement (Price T Rowe State Tax Free Income 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 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

Samples: 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 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

Samples: 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

Samples: Limitation Agreement (Pilgrim Funds 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 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

Samples: 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

Samples: Investment Advisory Agreement (Stockback Trust)

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