Common use of Proxies; Class Actions Clause in Contracts

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. The Subadvisor has developed an adequate and effective policy for determining when and how voting rights attached to instruments held in the Series are to be exercised, or not. The Subadvisor has provided a copy of such policy to the Manager. In accordance with its policy, the Subadvisor shall exercise, or refrain from the exercise of, any voting or other rights attaching to the securities held by the Series. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust as the case may be, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

Proxies; Class Actions. (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. The Subadvisor has developed an adequate and effective policy for determining when and how voting rights attached to instruments held Absent contrary instructions received in writing from the Series are to be exercised, or not. The Subadvisor has provided a copy of such policy to the Manager. In accordance with its policyTrust, the Subadvisor shall exercise, will vote all proxies solicited by or refrain from the exercise of, any voting or other rights attaching with respect to the issuers of securities held by the SeriesSeries in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust as the case may beTrust, and these records shall be available to the Trust upon request. Further, the Subadvisor shall have the power to exercise rights, options, warrants, conversion privileges, and redemption privileges, and to tender securities pursuant to a tender offer. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

Proxies; Class Actions. (a) The Manager has provided provided, prior to the date hereof, the Subadvisor with a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. The Subadvisor has developed an adequate and effective policy for determining when and how voting rights attached to instruments held Absent contrary instructions received in writing from the Series are to be exercised, or not. The Subadvisor has provided a copy of such policy to the Manager. In accordance with its policyTrust, the Subadvisor shall exercise, use its good faith judgment in a manner which it reasonably believes best serves the interest of the Series’ shareholders to vote or refrain abstain from the exercise of, any voting all proxies solicited by or other rights attaching with respect to the issuers of securities held by in which assets of the SeriesSeries are invested. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust as the case may beTrust, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.