Common use of WHEREAS Clause in Contracts

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 438 contracts

Samples: Sub Advisory Agreement (Mutual Fund & Variable Insurance Trust), Sub Advisory Agreement (Mutual Fund & Variable Insurance Trust), Transfer Agent and Shareholder Services Agreement (Investment House Funds)

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WHEREAS. the Trust is registered as an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 365 contracts

Samples: Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II), Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II), Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II)

WHEREAS. the Trust is an open-end management investment company and is registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 339 contracts

Samples: Investment Advisory Agreement (Northern Lights Fund Trust Ii), Investment Advisory Agreement (Northern Lights Fund Trust Ii), Investment Advisory Agreement (Northern Lights Fund Trust Ii)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 327 contracts

Samples: Mutual Fund Services Agreement (Williamsburg Investment Trust), Compliance Consulting Agreement (Williamsburg Investment Trust), Fund Accounting Agreement (Hussman Investment Trust)

WHEREAS. the Trust is registered as an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 295 contracts

Samples: Sub Advisory Agreement (Blackstone Alternative Investment Funds), Investment Sub Advisory Agreement (Blackstone Alternative Investment Funds), Sub Advisory Agreement (Blackstone Alternative Investment Funds)

WHEREAS. the Trust is registered as an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 273 contracts

Samples: Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II), Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II), Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 240 contracts

Samples: Sub Advisory Agreement (ETF Opportunities Trust), Investment Advisory Agreement (Professionally Managed Portfolios), Investment Sub Advisory Agreement (Bitwise Funds Trust)

WHEREAS. the Trust is an open-end management investment company registered under as such with the Securities and Exchange Commission (the “Commission”) pursuant to the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 234 contracts

Samples: Investment Management Agreement (MassMutual Advantage Funds), Investment Management Agreement (MassMutual Advantage Funds), Investment Management Agreement (MassMutual Advantage Funds)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended 1940 (the "1940 “Investment Company Act"); and

Appears in 211 contracts

Samples: Investment Advisory Agreement (Advisor Managed Portfolios), Investment Management Agreement (James Alpha Funds Trust), Investment Advisory Agreement (Advisor Managed Portfolios)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 169 contracts

Samples: Investment Sub Advisory Agreement (First Trust Exchange-Traded Fund Viii), Supervision and Administration Agreement (Aristotle Funds Series Trust), Investment Sub Advisory Agreement (First Trust Variable Insurance Trust)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 “Investment Company Act"); and

Appears in 150 contracts

Samples: Investment Advisory Agreement (Advisor Managed Portfolios), Investment Advisory Agreement (Advisor Managed Portfolios), Investment Advisory Agreement (Advisor Managed Portfolios)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 147 contracts

Samples: Administration and Accounting Agreement (RevenueShares ETF Trust), Administration and Accounting Agreement (RevenueShares ETF Trust), Fund Administration and Accounting Agreement (First Trust Exchange-Traded Fund Viii)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 134 contracts

Samples: Distribution Agreement (Hussman Investment Trust), Distribution Agreement (F/M Funds Trust), Distribution Agreement (Williamsburg Investment Trust)

WHEREAS. the Trust is an open-end end, diversified management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 133 contracts

Samples: Investment Advisory Agreement (Vanguard Quantitative Funds), Investment Advisory Agreement (Vanguard Horizon Funds), Investment Advisory Agreement (Vanguard Horizon Funds)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 119 contracts

Samples: Investment Advisory Agreement (GraniteShares ETF Trust), Investment Advisory Agreement (GraniteShares ETF Trust), Investment Advisory Agreement (USCF ETF Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 116 contracts

Samples: Locorr Investment Trust Sub Advisory Agreement (LoCorr Investment Trust), Locorr Investment Trust Sub Advisory Agreement (LoCorr Investment Trust), Locorr Investment Trust Sub Advisory Agreement (LoCorr Investment Trust)

WHEREAS. the Trust is an open-end management investment company registered with the United States Securities and Exchange Commission under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 104 contracts

Samples: Underwriting Agreement (Northern Lights Fund Trust), Underwriting Agreement (Copeland Trust), Underwriting Agreement (Arrow Investments Trust)

WHEREAS. the Trust is an open-end management investment company which is registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 94 contracts

Samples: Management Services Agreement (Strategy Shares), Management Services Agreement (Strategy Shares), Management Services Agreement (Mutual Fund & Variable Insurance Trust)

WHEREAS. the Trust is an open-end end, diversified management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 91 contracts

Samples: Investment Advisory Agreement (Vanguard Scottsdale Funds), Investment Advisory Agreement (Vanguard Whitehall Funds), Investment Advisory Agreement (Vanguard Valley Forge Funds)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 88 contracts

Samples: Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust)

WHEREAS. the Trust is an open-end management investment company and is registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 84 contracts

Samples: Investment Advisory Agreement (Collaborative Investment Series Trust), Investment Advisory Agreement (Northern Lights Fund Trust IV), Investment Advisory Agreement (Collaborative Investment Series Trust)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended 1940 (the "1940 Investment Company Act"); and

Appears in 62 contracts

Samples: Investment Advisory Agreement (Advisors Series Trust), Investment Advisory Agreement (Advisors Series Trust), Investment Advisory Agreement (Advisors Series Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 58 contracts

Samples: Underwriting Agreement (Midwest Income Trust), Shareholder Services Agreement (Brinson Funds Inc), Agreement (Rsi Retirement Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act")amended; and

Appears in 57 contracts

Samples: Corporate Services Agreement (DBX Etf Trust), Fund Administration and Accounting Agreement (Third Avenue Trust), Fund Administration and Accounting Agreement (Third Avenue Variable Series Trust)

WHEREAS. the Trust is an open-end a management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 53 contracts

Samples: Subadvisory Agreement (Federated Hermes Adviser Series), Subadvisory Agreement (Federated Hermes Adviser Series), Subadvisory Agreement (Federated Hermes Adviser Series)

WHEREAS. the Trust is an open-end end, diversified management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 52 contracts

Samples: Investment Advisory Agreement (Vanguard Variable Insurance Funds), Investment Advisory Agreement (Vanguard Windsor Funds), Shareholder Services Agreement (Vanguard Institutional Index Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 51 contracts

Samples: Master Administrative Services Agreement (Aim Variable Insurance Funds), Master Administrative Services Agreement (Aim Equity Funds), Master Administrative Services Agreement (Aim International Mutual Funds)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 47 contracts

Samples: Investment Advisory Agreement (ETF Series Solutions), Investment Sub Advisory Agreement (RBB Fund, Inc.), Investment Advisory Agreement (ETF Series Solutions)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 47 contracts

Samples: Investment Sub Advisory Agreement (Spinnaker ETF Series), Investment Sub Advisory Agreement (Cantor Select Portfolios Trust), Investment Sub Advisory Agreement (Starboard Investment Trust)

WHEREAS. the Trust is an open-end end, management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and, and the Fund is a series of the Trust;

Appears in 45 contracts

Samples: Investment Advisory Agreement (Forethought Variable Insurance Trust), Investment Advisory Agreement (Forethought Variable Insurance Trust), Investment Advisory Agreement (Forethought Variable Insurance Trust)

WHEREAS. the Trust is an a registered open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 40 contracts

Samples: Custody Agreement (Nations Annuity Trust), Custody Agreement (Nations Master Investment Trust), Agreement (Nations Master Investment Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 39 contracts

Samples: Distribution Agreement (Williamsburg Investment Trust), Distribution Agreement (Chesapeake Investment Trust), Distribution Agreement (Unified Series Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 39 contracts

Samples: Management Agreement (Prudential Investment Portfolios 12), Management Agreement (Prudential Investment Portfolios 12), Management Agreement (Prudential Investment Portfolios 12)

WHEREAS. the Trust is an open-end diversified management investment company registered under the Investment Company Act of 1940, as amended amended, (the "1940 Act"); and

Appears in 37 contracts

Samples: Investment Advisory Agreement (Touchstone Investment Trust), Sub Advisory Agreement (Touchstone Tax Free Trust), Investment Advisory Agreement (Touchstone Tax Free Trust)

WHEREAS. the Trust is an open-end management investment company of the series type which is registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 37 contracts

Samples: Dividend Disbursing and Transfer Agent Agreement (Merit Advisors Investment Trust Ii), Dividend Disbursing and Transfer Agent Agreement (Turnaround Investment Trust), Administration Agreement (Blue Ridge Funds Trust)

WHEREAS. the Trust is an open-end management investment company which is registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 36 contracts

Samples: Management Services Agreement (Ranger Funds Investment Trust), Chief Compliance Officer Services Agreement (Sparrow Funds), Administration Agreement (Sparrow Funds)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Investment Company Act"); and

Appears in 35 contracts

Samples: Advisors Series Trust Investment Advisory Agreement (Advisors Series Trust), Investment Advisory Agreement (Advisors Series Trust), Investment Advisory Agreement (Advisors Series Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); andamended;

Appears in 33 contracts

Samples: Omnibus Amendment (Asset Management Fund), The Administration Agreement (Causeway Capital Management Trust), Omnibus Amendment (Asset Management Fund)

WHEREAS. the Trust is an open-end diversified management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 31 contracts

Samples: Investment Management Agreement (Schwartz Investment Trust), Administration Agreement (Stewart Capital Mutual Funds), Investment Management Agreement (Schwartz Investment Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 27 contracts

Samples: Master Administrative Services Agreement (Aim Tax-Exempt Funds (Invesco Tax-Exempt Funds)), Master Administrative Services Agreement (Aim Investment Securities Funds (Invesco Investment Securities Funds)), Master Administrative Services Agreement (Aim Funds Group (Invesco Funds Group))

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"), as an open end-diversified management company of the series type, and each Fund is a series of the Trust; and

Appears in 26 contracts

Samples: Expense Limitation Agreement (American Independence Funds Trust), Expense Limitation Agreement (Usallianz Variable Insurance Products Trust), Expense Limitation Agreement (Gartmore Mutual Funds)

WHEREAS. the Trust is an registered as a diversified, open-end management investment company registered of the series type under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 25 contracts

Samples: Investment Advisory Agreement (Chesapeake Investment Trust), Investment Advisory Agreement (Capital Management Investment Trust), Investment Advisory Agreement (Nottingham Investment Trust Ii)

WHEREAS. the Trust is an a diversified open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 25 contracts

Samples: Shareholder Servicing Agreement (JPM Series Trust), Administration Agreement (Us Money Market Portfolio), International Equity Portfolio Administration Agreement (International Equity Portfolio /Cayman)

WHEREAS. the Trust is an open-end management investment company and is registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 24 contracts

Samples: Investment Advisory Agreement (Northern Lights Fund Trust Iii), Investment Advisory Agreement (Northern Lights Fund Trust Iii), Management Agreement (BCM Focus Funds)

WHEREAS. the Trust is an open-end management investment company that is registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and;

Appears in 22 contracts

Samples: Accounting and Administration Agreement (Starboard Investment Trust), Fund Accounting and Administration Agreement (Starboard Investment Trust), Fund Accounting and Administration Agreement (Hillman Capital Management Investment Trust)

WHEREAS. the Trust is an open-end end, management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 21 contracts

Samples: Investment Management Agreement (Hatteras Alternative Mutual Funds Trust), Investment Management Agreement (HCIM Trust), Investment Management Agreement (BHR Institutional Funds)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 21 contracts

Samples: Investment Advisory Agreement (XD Fund Trust), Investment Advisory Agreement (Strategic Trust), Co Adminstration Agreement (ALPS Series Trust)

WHEREAS. the Trust is an open-end end, management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and, and the Fund is a series of the Trust;

Appears in 21 contracts

Samples: Investment Advisory Agreement (Forethought Variable Insurance Trust), Investment Advisory Agreement (Forethought Variable Insurance Trust), Investment Advisory Agreement (Forethought Variable Insurance Trust)

WHEREAS. the Trust is an a diversified, open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 19 contracts

Samples: Manager Agreement (Fulcrum Trust), Growth Portfolio Portfolio Manager Agreement Agreement (Palladian Trust), Manager Agreement (Fulcrum Trust)

WHEREAS. the Trust is an open-end management investment company registered with the United States Securities and Exchange Commission under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 19 contracts

Samples: Underwriting Agreement (Advisors Preferred Trust), Underwriting Agreement (Advisors Preferred Trust), Underwriting Agreement (Advisors Preferred Trust)

WHEREAS. the Trust is an open-end end, management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 19 contracts

Samples: Investment Advisory Agreement (Robertson Stephens Investment Trust), Investment Advisory Agreement (Robertson Stephens Investment Trust), Investment Advisory Agreement (Robertson Stephens Investment Trust)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and;

Appears in 18 contracts

Samples: Investment Advisory Agreement (Kinetics Portfolios Trust), Investment Advisory Agreement (Kinetics Portfolios Trust), Form of Investment Advisory Agreement (Kinetics Mutual Funds Inc)

WHEREAS. the Trust is an open-end end, management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and, and the Fund is a series of the Trust;

Appears in 18 contracts

Samples: Investment Advisory Agreement (Sun Capital Advisers Trust), Investment Advisory Agreement (Sun Capital Advisers Trust), Investment Advisory Agreement (Sun Capital Advisers Trust)

WHEREAS. the Trust is an open-end management investment company and is so registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 18 contracts

Samples: Distribution Agreement (Usaa Mutual Funds Trust), Distribution Agreement (Amana Mutual Funds Trust), Distribution Agreement (Saturna Investment Trust)

WHEREAS. the Trust is an open-end management investment company of the series type which is registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 18 contracts

Samples: Dividend Disbursing and Transfer Agent Agreement (Modern Capital Funds Trust), Dividend Disbursing and Transfer Agent Agreement (Amplify ETF Trust), Dividend Disbursing and Transfer Agent Agreement (Starboard Investment Trust)

WHEREAS. the Trust is an open-end investment management investment company registered under the Investment Company Act of 1940, as amended (the "1940 “Investment Company Act"); and

Appears in 17 contracts

Samples: Comprehensive Fee Investment Management Agreement (Reserve Funds /Ny/), Investment Management Agreement (Reserve Short Term Investment Trust), Investment Management Agreement (Reserve Private Equity Series)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company 1940 Act of 1940, (as amended (the "1940 Act")defined below) and authorized to issue Shares; and

Appears in 17 contracts

Samples: Transfer Agency Agreement (BCM Focus Funds), Transfer Agency Agreement (E-Valuator Funds Trust), Transfer Agency Agreement

WHEREAS. the Trust is an opena closed-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 16 contracts

Samples: Investment Management Agreement (Western Asset Inflation-Linked Opportunities & Income Fund), Compliance Consulting Agreement (Peachtree Alternative Strategies Fund), Form of Administration Agreement (Pomona Investment Fund)

WHEREAS. the Trust is an open-end management investment company that is registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 16 contracts

Samples: Fund Accounting and Administration Agreement (Starboard Investment Trust), Fund Accounting and Administration Agreement (Starboard Investment Trust), Fund Accounting and Administration Agreement (Starboard Investment Trust)

WHEREAS. the Trust is an open-end a management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 14 contracts

Samples: Transfer Agency Agreement (Touchstone Variable Series Trust), Agency and Shareholder Services Agreement (Navellier Performance Funds), Compliance Services Agreement (James Advantage Funds)

WHEREAS. the Trust is an opena closed-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 14 contracts

Samples: Investor Support Services And (Thornburg Income Builder Opportunities Trust), Transfer Agency Agreement (Goldman Sachs Credit Income Fund), Transfer Agency Agreement (Goldman Sachs Real Estate Diversified Income Fund)

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WHEREAS. the Trust is an opena closed-end management investment company registered with the United States Securities and Exchange Commission under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 14 contracts

Samples: Distribution Agreement (Princeton Private Investments Access Fund), Underwriting Agreement (Multi-Strategy Growth & Income Fund), Underwriting Agreement (Predex)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 14 contracts

Samples: Sub Advisory Agreement (Victory Variable Insurance Funds), Sub Advisory Agreement (Victory Portfolios), Services Agreement (ALPS Variable Investment Trust)

WHEREAS. the Trust is an open-end series management investment company company, registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 14 contracts

Samples: Investment Management Agreement (Worldwide Index Funds), Investment Management Agreement (Wm Variable Trust), Investment Management Agreement (Wm Variable Trust)

WHEREAS. the Trust is an opena diversified closed-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Investment Company Act"); and

Appears in 14 contracts

Samples: Administration Agreement (BQT Subsidiary Inc), Administration Agreement (BCT Subsidiary Inc), Administration Agreement (Pioneer Municipal High Income Advantage Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 14 contracts

Samples: And Restated Administration Agreement (Century Capital Management Trust), Investment Advisory Agreement (RBC Funds Trust), Investment Advisory Agreement (Tamarack Funds Trust)

WHEREAS. the Trust is an open-end management investment company of the series type which is registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 13 contracts

Samples: Dividend Disbursing and Transfer Agent Agreement (Volt ETF Trust), Etf Dividend Disbursing and Transfer Agent Agreement (Starboard Investment Trust), Dividend Disbursing and Transfer Agent Agreement (Spinnaker ETF Series)

WHEREAS. the Trust is an a diversified, open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 13 contracts

Samples: Management Agreement (Advanced Series Trust), Management Agreement (Prudential Investment Portfolios 9), Management Agreement (Prudential Investment Portfolios 12)

WHEREAS. the Trust [Trust/Company] is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 13 contracts

Samples: Management Agreement (Voya SENIOR INCOME FUND), Management Agreement (Voya VARIABLE PORTFOLIOS INC), Management Agreement (Voya INVESTORS TRUST)

WHEREAS. the Trust Trust, is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); andamended;

Appears in 12 contracts

Samples: Distribution Agreement (Cavanal Hill Funds), Shareholder Servicing Agreement (Cavanal Hill Funds), Custodian Agreement (Cavanal Hill Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 12 contracts

Samples: Administration Agreement (Brookfield Investment Funds), Administration Agreement (Brookfield Investment Funds), Administration Agreement (Brookfield Investment Funds)

WHEREAS. the Trust is an open-end management investment company registered with the Securities and Exchange Commission under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 12 contracts

Samples: Six Circles Trust (Six Circles Trust), Jpmorgan Trust I (JPMorgan Trust I), Jpmorgan Trust I (JPMorgan Trust I)

WHEREAS. the Trust is an opena closed-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 12 contracts

Samples: Administration Agreement (Ing Prime Rate Trust), Administration Agreement (Ing Prime Rate Trust), Administration Agreement (Ing Prime Rate Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 12 contracts

Samples: Compliance Services Agreement (Modern Capital Funds Trust), Compliance Services Agreement (USQ Core Real Estate Fund), Service Agreement (Rydex Dynamic Funds)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); , and

Appears in 12 contracts

Samples: Management Agreement (Buffalo Funds), Management Agreement (Buffalo Funds), Management Agreement (Buffalo Funds)

WHEREAS. the Trust is an opena non-end diversified management investment company and is registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 11 contracts

Samples: Investment Management Agreement (Reserve New York Tax Exempt Trust), Investment Management Agreement (Reserve Funds /Ny/), Investment Management Agreement (Reserve Tax Exempt Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "" 1940 Act"); and

Appears in 11 contracts

Samples: Distribution Agreement (Appleton Funds), Custody Agreement (Westport Funds), Street Trust Investment Advisory Agreement (59 Wall Street Trust)

WHEREAS. the Trust is an a diversified open-end investment management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 11 contracts

Samples: Form of Shareholder Servicing Agreement (Jp Morgan Mutual Fund Select Trust), Form of Shareholder Servicing Agreement (Jp Morgan Mutual Fund Series), Shareholder Servicing Agreement (Jp Morgan Series Trust)

WHEREAS. the Trust is an open-end management investment company company, registered under as such pursuant to the provisions of the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and;

Appears in 11 contracts

Samples: Investment Sub (Providian Series Trust), Investment Advisory Agreement (Providian Series Trust), Investment Sub (Providian Series Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company 1940 Act of 1940, (as amended (the "1940 Act")defined below) and is authorized to issue Shares; and

Appears in 11 contracts

Samples: Administration and Fund Accounting Agreement (BCM Focus Funds), Administration and Fund Accounting Agreement (Destra Investment Trust), Administration and Fund Accounting Agreement (Vericimetry Funds)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended 1940 (the "1940 Investment Company Act"); and;

Appears in 10 contracts

Samples: Investment Advisory Agreement (Kinetics Portfolios Trust), Investment Advisory Agreement (Kinetics Portfolios Trust), Investment Advisory Agreement (Kinetics Portfolios Trust)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 10 contracts

Samples: Investment Sub Advisory Agreement (Starboard Investment Trust), Form of Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust)

WHEREAS. the Trust is registered as an open-end end, diversified, management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 9 contracts

Samples: Investment Advisory Agreement (Huntington Funds /Ma/), Investment Advisory Agreement (Monitor Funds), Investment Advisory Agreement (Huntington Funds /Ma/)

WHEREAS. the Trust is an open-end management investment company and is so registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 9 contracts

Samples: Distribution Agreement (Victory Portfolios II), Distribution Agreement (Victory Variable Insurance Funds), Distribution Agreement (Victory Institutional Funds)

WHEREAS. the Trust is an open-end management investment company and is so registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 9 contracts

Samples: Distribution Agreement (Weiss Fund), Distribution Agreement (Victory Portfolios), Distribution Agreement (Weiss Fund)

WHEREAS. the Trust is an open-end series management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 9 contracts

Samples: Investment Management Agreement (Composite Bond & Stock Fund Inc), Investment Management Agreement (Wm Trust Ii), Investment Management Agreement (Wm Strategic Asset Management Portfolios)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 9 contracts

Samples: Operating Services Agreement (Direxion Shares ETF Trust), Operating Services Agreement (Direxion Shares ETF Trust), Operating Services Agreement (Direxion Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"), consisting of several series of shares of beneficial interest ("Shares"); and

Appears in 9 contracts

Samples: Administration Agreement (Friends Ivory Funds), Administration Agreement (Friends Ivory & Sime Funds), Administration Agreement (Pacific Capital Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 8 contracts

Samples: Joint Fidelity Bond Agreement (James Advantage Funds), Joint Fidelity Bond Agreement (James Advantage Funds), Joint Fidelity Bond Agreement (James Advantage Funds)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 8 contracts

Samples: Management Agreement (Franklin Managed Trust), Management Agreement (Franklin Managed Trust), Investment Management Agreement (California Investment Trust)

WHEREAS. the Trust is an open-end end, diversified management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 8 contracts

Samples: Sub Advisory Agreement (Vanguard Whitehall Funds), Sub Advisory Agreement (Vanguard Whitehall Funds), Investment Advisory Agreement (Vanguard Variable Insurance Funds)

WHEREAS. the Trust is an open-end management investment company which is registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 8 contracts

Samples: Administrative Services Agreement (Virtus ETF Trust II), Administrative Services Agreement (Hays Series Trust), Administrative Services Agreement (ETFis Series Trust I)

WHEREAS. the Trust is an open-end end, management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and, and each Fund is a series of the Trust;

Appears in 8 contracts

Samples: Investment Advisory Agreement (Forethought Variable Insurance Trust), Investment Advisory Agreement (Forethought Variable Insurance Trust), Investment Advisory Agreement (Forethought Variable Insurance Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 8 contracts

Samples: Investment Advisory Agreement (RBC Funds Trust), Investment Advisory Agreement (RBC Funds Trust), Investment Advisory Agreement (RBC Funds Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act")”) and the Funds are series thereof; and

Appears in 8 contracts

Samples: Expense Assumption Agreement (Allspring Funds Trust), Expense Assumption Agreement (Allspring Funds Trust), Expense Assumption Agreement (Allspring Funds Trust)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 8 contracts

Samples: Investment Advisory Agreement (BPV Family of Funds), Investment Sub Advisory Agreement (BPV Family of Funds), Investment Advisory Agreement (GraniteShares ETF Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 the"1940 Act"); and

Appears in 7 contracts

Samples: Custody Agreement (Ips Funds), Custody Agreement (CCM Advisors Funds), Custody Agreement (1 800 Mutuals Advisor Series)

WHEREAS. the Trust is an open-end management investment company and is so registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 7 contracts

Samples: Subadvisory Agreement (U S Global Investors Inc), Subadvisory Agreement (U S Global Accolade Funds), Subadvisory Agreement (U S Global Accolade Funds)

WHEREAS. the Trust is an a registered open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 7 contracts

Samples: Custody Agreement (Morgan Grenfell Investment Trust), Administrative Services Agreement (E Trade Funds), Administrative Services Agreement (E Trade Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 7 contracts

Samples: Ubs High (Ubs Investor Portfolios Tr), Investment Advisory Agreement (Ubs Investor Portfolios Tr), Investment Advisory Agreement (Ubs Investor Portfolios Tr)

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