Res 2014-097/Agreement with Texas CLASS to serve as an investment pool provider

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(ii) This Agreement is an agreement creating an investment pool within the meaning of the Act. 1.2 Definitions. "Account" shall have the meaning set forth in Section 5.3 (a) hereof. "Act" shall have the meaning set forth in Section 1.1(b) hereof. "Affiliate" means, with respect to any Person, another Person directly or indirectly in control of, controlled by or under common control with such Person, or any officer, director, partner or employee of such Persons. "Agreement" means this Sixth Amended and Restated Trust Agreement dated as of August 16, 2013, as amended, by and among Public Trust Advisors, LLC, as Program Administrator, Wells Fargo Bank, N.A., as Custodian, and the Participants. "Balance" for each Participant means an amount initially equal to zero that is adjusted pursuant to Article II hereof to reflect, among other things, cash investments by such Participant, cash payments to such Participant, a pro rata distribution of income from the earnings of the Trust, investment results and expenses and fees incurred pursuant to this Agreement. "Board of Trustees" means the board of the Trustees established pursuant to Article III hereof. "Business Day" means a day on which banks are not required or authorized by law to close in the State of Texas. "Conflicting Provisions" shall have the meaning set forth in Section 10.3 hereof. "Custodian" means Wells Fargo Bank, N.A., as custodian, or any Person or Persons appointed, employed or contracted with by the Trust pursuant to Article V hereof. "Effective Date" means the first day that execution copies of this Agreement have been executed by the Program Administrator, the Custodian, and the Chairman and Secretary of the Board of Trustees. "Good Standing" means a Participant that has funded an account with Texas CLASS. "Investment Advisor" shall mean any person or persons appointed, employed, or contracted with by the Board on behalf of the Trust pursuant to Article III hereof or by the Program Administrator pursuant to Article IV hereof. "Investment Funds" means immediately available funds delivered by each Participant to the Custodian for investment pursuant to this Agreement but only if (i) the Representative appointed by such Participant is authorized pursuant to the laws of the State of Texas to invest such funds and (ii) the Participant has taken all actions necessary pursuant to the laws of the State of Texas to authorize the delivery and investment of such funds. 2 #4350219.1