Common use of Written Instructions Clause in Contracts

Written Instructions. Notwithstanding any other provision of this Agreement: (A) unless the terms of this Agreement, Written Procedures or other written agreement between the Fund and BNYM expressly provide, in the reasonable discretion of BNYM, all requisite details and directions for it to take a specific course of conduct, BNYM may, prior to engaging in a course of conduct on a particular matter, whether the course of conduct is proposed by or otherwise originates with BNYM or is directed by the Fund in a Fund Communication, require the Fund to provide it with Written Instructions with respect to the particular conduct, and (B) BNYM may also require Written Instructions with respect to conduct specified in a Fund Communication if it reasonably determines that the Agreement, Written Procedures or other written agreement between the Fund and BNYM provides for the Fund to furnish a Written Instruction in connection with the specified conduct.

Appears in 65 contracts

Sources: Transfer Agency and Shareholder Services Agreement (Innovation Access Fund), Transfer Agency and Shareholder Services Agreement (Global X Venture Fund), Transfer Agency Agreement (Baillie Gifford Institutional Trust)

Written Instructions. Notwithstanding any other provision of this Agreement: (A) unless the terms of this Agreement, Written Procedures or other written agreement between the Fund Funds and BNYM BNYMTI expressly provide, in the reasonable discretion of BNYMBNYMTI, all requisite details and directions for it to take a specific course of conduct, BNYM BNYMTI may, prior to engaging in a course of conduct on a particular matter, whether the course of conduct is proposed by or otherwise originates with BNYM BNYMTI or is directed by the a Fund in a Fund Communication, require the applicable Fund to provide it with Written Instructions with respect to the particular conduct, and (B) BNYM BNYMTI may also require Written Instructions with respect to conduct specified in a Fund Communication if it reasonably determines that the Agreement, Written Procedures or other written agreement between the Fund Funds and BNYM BNYMTI provides for the a Fund to furnish a Written Instruction in connection with the specified conduct.

Appears in 12 contracts

Sources: Transfer Agency Agreement (Bny Mellon Opportunity Funds), Transfer Agency Agreement (Bny Mellon Stock Funds), Transfer Agency Agreement (Bny Mellon Funds Trust)

Written Instructions. Notwithstanding any other provision of this Agreement: (A) unless the terms of this Agreement, Written Procedures or other written agreement between the Fund and BNYM BNY expressly provide, in the reasonable discretion of BNYMBNY, all requisite details and directions for it to take a specific course of conduct, BNYM BNY may, prior to engaging in a course of conduct on a particular matter, whether the course of conduct is proposed by or otherwise originates with BNYM BNY or is directed by the Fund in a Fund Communication, require the Fund to provide it with Written Instructions with respect to the particular conduct, and (B) BNYM BNY may also require Written Instructions with respect to conduct specified in a Fund Communication if it reasonably determines that the Agreement, Written Procedures or other written agreement between the Fund and BNYM BNY provides for the Fund to furnish a Written Instruction in connection with the specified conduct.

Appears in 1 contract

Sources: Transfer Agency and Shareholder Services Agreement (Guggenheim Investments Private Credit Fund)

Written Instructions. Notwithstanding any other provision of this Agreement: (A) unless the terms of this Agreement, Written Procedures or other written agreement between the Fund Company and BNYM expressly provide, in the reasonable discretion of BNYM, all requisite details and directions for it to take a specific course of conductconduct under this Agreement, BNYM may, prior to engaging in a course of conduct on a particular matter, whether the course of conduct is proposed by or otherwise originates with BNYM or is directed by the Fund Company in a Fund Communication, require the Fund Company to provide it with Written Instructions with respect to the particular conduct, and (B) BNYM may also require Written Instructions with respect to conduct specified in a Fund Communication if it reasonably determines that the Agreement, Written Procedures or other written agreement between the Fund Company and BNYM provides for the Fund Company to furnish a Written Instruction in connection with the specified conduct.

Appears in 1 contract

Sources: Sub Transfer Agency and Shareholder Services Agreement (Virtus Opportunities Trust)