Common use of Provision of Certifying Officers Clause in Contracts

Provision of Certifying Officers. Subject to the provisions of this Section 3(a) and Section 3(b) below, BISYS shall make a BISYS employee available to the Trust to serve, upon designation as such by the Board, as the Chief Financial Officer of the Trust or under such other title to perform similar functions, and which is a Certifying Officer under Xxxxxxxx-Xxxxx. BISYS' obligation in this regard shall be met by providing an appropriately qualified employee of BISYS (or its affiliates) who, in the exercise of his or her duties to the Trust, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the Trust. BISYS shall select, and may replace, the specific employee that it makes available to serve in the designated capacity as a Certifying Officer, in BISYS' reasonable discretion, taking into account such person's responsibilities concerning, and familiarity with, the Trust's operations. For so long as BISYS provides a Certifying Officer, the Trust DCPs shall contain (or the Trust and BISYS shall otherwise establish) mutually agreeable procedures governing the certification of Reports by Certifying Officers, and the parties shall comply with such procedures in all material respects. Among other things, the procedures shall provide as follows:

Provision of Certifying Officers. Subject to the provisions of this Section 3(a3(b) and Section 3(b3(c) below, BISYS shall make a BISYS employee available to the Trust to serve, upon designation as such by the Board, as the Chief Financial Officer of the Trust Trust, or under such other title to perform similar functions, and which is a Certifying Officer under Xxxxxxxx-Xxxxx. BISYS' 's obligation in this regard shall be met by providing an appropriately qualified employee of BISYS (or its affiliates) who, in the exercise of his or her duties to the Trust, shall act in good faith and in a manner reasonably believed by him or her to be (i) in the best interests of the TrustTrust and (ii) consistent with applicable law. BISYS shall select, and may replace, the specific employee that it makes available to serve in the designated capacity as a Certifying Officer, in BISYS' 's reasonable discretion, taking into account such person's responsibilities concerning, and familiarity with, the Trust's operations. For so long as BISYS provides a Certifying Officer, the Trust DCPs shall contain (or the Trust and BISYS shall otherwise establish) establish mutually agreeable procedures governing the certification of Reports by Certifying Officers, and the parties shall comply with such procedures in all material respects. Among other things, the Such procedures shall provide include as follows:

Provision of Certifying Officers. Subject to the provisions of this Section 3(a) 1 and Section 3(b) 3 below, BISYS shall make a BISYS employee employees available to the Trust to serve, upon designation as such by the Board, as the Principal Executive Officer and Chief Financial Officer of the Trust or under such other title to perform similar functions, and which is are each a Certifying Officer under Xxxxxxxx-Xxxxx. BISYS' obligation in this regard shall be met by providing an appropriately qualified employee employees of BISYS (or its affiliates) who, in the exercise of his or her duties to the Trust, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the Trust. BISYS shall select, and may replace, the each specific employee that it makes available to serve in the designated capacity as a Certifying Officer, in BISYS' reasonable discretion, taking into account such person's responsibilities concerning, and familiarity with, the Trust's operations. For so long as BISYS provides a Certifying Officer, the Trust's disclosure and control procedures, (the "Trust DCPs DCPs") shall contain (or the Trust and BISYS shall otherwise establish) mutually agreeable procedures governing the certification of Reports by Certifying Officers, and the parties shall comply with such procedures in all material respects. Among other things, the procedures shall provide as follows:

Provision of Certifying Officers. Subject to the provisions of this Section 3(a) 1 and Section 3(b) 3 below, BISYS shall make a BISYS employee employees available to the Trust to serve, upon designation as such by the Board, as the Principal Executive Officer and Chief Financial Officer of the Trust or under such other title to perform similar functions, and which is are each a Certifying Officer under XxxxxxxxSxxxxxxx-Xxxxx. BISYS' ’ obligation in this regard shall be met by providing an appropriately qualified employee employees of BISYS (or its affiliates) who, in the exercise of his or her duties to the Trust, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the Trust. BISYS shall select, and may replace, the each specific employee that it makes available to serve in the designated capacity as a Certifying Officer, in BISYS' ’ reasonable discretion, taking into account such person's ’s responsibilities concerning, and familiarity with, the Trust's ’s operations. For so long as BISYS provides a Certifying Officer, the Trust’s disclosure and control procedures, (the “Trust DCPs DCPs”) shall contain (or the Trust and BISYS shall otherwise establish) mutually agreeable procedures governing the certification of Reports by Certifying Officers, and the parties shall comply with such procedures in all material respects. Among other things, the procedures shall provide as follows:

Provision of Certifying Officers. Subject If the Fund is registered under the 1940 Act, BISYS will, upon receipt of a written request by the Fund and subject to the provisions of this Section 3(a1(e) and Section 3(bSections 2 (i) belowand 7(f), BISYS shall make a BISYS employee available to the Trust Fund to serve, upon designation as such by the Board, as the Chief Financial Officer of the Trust Fund (or under such other title to perform similar functions), and which is a Certifying Officer under Xxxxxxxx-XxxxxOfficer. BISYS' ’s obligation in this regard shall be met by providing an appropriately qualified employee of BISYS (or its affiliates) who, in the exercise of his or her duties to the TrustFund, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests interest of the TrustFund. BISYS shall select, and may replace, the specific employee that it makes available to serve in the designated capacity as a Certifying Officer, in BISYS' ’s reasonable discretion, taking into account such person's ’s responsibilities concerning, and familiarity with, the Trust's Fund’s operations. For so long as BISYS provides a Certifying Officer, the Trust Fund DCPs shall contain (or the Trust Fund and BISYS shall otherwise establish) mutually agreeable procedures governing the certification of Reports by Certifying Officers, and the parties shall comply with such procedures in all material respects. Among other things, the procedures shall provide as follows:

Provision of Certifying Officers. Subject to the provisions of this Section 3(a) and Section 3(b) below, BISYS shall make a BISYS employee available to the Trust to serve, upon designation as such by the Board, as the Chief Financial Officer of the Trust or under such other title to perform similar functions, and which is a Certifying Officer under XxxxxxxxSarbanes-XxxxxOxley. BISYS' obligation xxxxxxxxxx in this regard shall be met by providing an appropriately qualified employee of BISYS (or its affiliates) who, in the exercise of his or her duties to the Trust, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the Trust. BISYS shall select, and may replace, the specific employee that it makes available to serve in the designated capacity as a Certifying Officer, in BISYS' reasonable discretion, taking into account such person's responsibilities concerning, and familiarity with, the Trust's operations. For so long as BISYS provides a Certifying Officer, the Trust DCPs shall contain (or the Trust and BISYS shall otherwise establish) mutually agreeable procedures governing the certification of Reports by Certifying Officers, and the parties shall comply with such procedures in all material respects. Among other things, the procedures shall provide as follows:

Provision of Certifying Officers. Subject to the provisions of this Section 3(a3(b) and Section 3(b3(d) below, BISYS shall make a BISYS employee available to the Trust to serve, upon designation as such by the Board, as the Chief Financial Officer of the Trust or under such other title to perform similar functions, and which is a Certifying Officer under Xxxxxxxx-Xxxxx. BISYS' obligation in this regard shall be met by providing an appropriately qualified employee of BISYS (or its affiliates) who, in the exercise of his h s or her duties to the Trust, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the Trust. BISYS shall select, and may replace, the specific employee that it makes available to serve in the designated capacity as a Certifying Officer, in BISYS' BISYSYs reasonable discretion, taking into account such person's responsibilities concerning, and familiarity with, the Trust's operations. For so long as BISYS provides a Certifying Officer, the Trust DCPs shall contain (or the Trust and BISYS shall otherwise establish) mutually agreeable procedures governing the certification of Reports by Certifying Officers, and the parties shall comply with such procedures in all material respects. Among other things, the procedures shall provide substantially as follows:follows (subject to such variations as may be agreed upon):

Provision of Certifying Officers. Subject to the provisions of this Section 3(a) and Section 3(b) below, BISYS shall make a BISYS employee available to the Trust to serve, upon designation as such by the Board, as the Chief Financial Officer of the Trust Trust, or under such other title to perform similar functions, and which is a Certifying Officer under XxxxxxxxSxxxxxxx-Xxxxx. BISYS' ’s obligation in this regard shall be met by providing an appropriately qualified employee of BISYS (or its affiliates) who, in the exercise of his or her duties to the Trust, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the Trust. BISYS shall select, and may replace, the specific employee that it makes available to serve in the designated capacity as a Certifying Officer, in BISYS' ’s reasonable discretion, taking into account such person's ’s responsibilities concerning, and familiarity with, the Trust's ’s operations. For so long as BISYS provides a Certifying Officer, the Trust DCPs shall contain (or the Trust and BISYS shall otherwise establish) mutually agreeable procedures governing the certification of Reports by Certifying Officers, and the parties shall comply with such procedures in all material respects. Among other things, the procedures shall provide as follows: