Common use of Absence of Violation or Default Clause in Contracts

Absence of Violation or Default. The Advisers are not in violation of their certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument except for such violations or defaults that would not result in a material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the respective Adviser or the Fund.

Absence of Violation or Default. The Advisers are not Neither Adviser is in violation of their its certificate of incorporation, by-laws or other organizational documents or nor in default under any agreement, indenture or instrument except for such violations or defaults that would not result in a material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of effect on the respective Adviser or a Trust Material Adverse Effect on the FundTrust.

Absence of Violation or Default. The Advisers are Each Adviser is not in violation of their its certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument except for such violations or defaults that would not result in a material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of effect on the respective Adviser or a Trust Material Adverse Effect on the FundTrust.

Absence of Violation or Default. The None of the Advisers are not is in violation of their its certificate of incorporation, by-laws or other organizational documents or nor in default under any agreement, indenture or instrument except for such violations or defaults that would not result in a material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of effect on the respective Adviser or a Trust Material Adverse Effect on the FundTrust.

Absence of Violation or Default. The Advisers are not Neither Adviser is in violation of their its certificate of incorporationformation, by-laws its operating agreement or other organizational documents or in default under any agreement, indenture or instrument except for instrument, where such violations violation or defaults that default would not result in reasonably be expected to have a material adverse change in effect on either Adviser's ability to function as an investment adviser or perform its obligations under the conditionManagement Agreement or Portfolio Management Agreement, financial or otherwise, or in the earnings, business affairs or business prospects of the respective Adviser or the Fundas applicable.

Absence of Violation or Default. The Advisers are Each Adviser is not in violation of their its certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument except for such violations or defaults that would not result in a material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of on the respective Adviser or the FundTrust.

Absence of Violation or Default. The Advisers are not Neither Adviser is in violation of their its certificate of incorporationformation, limited liability company agreement, by-laws or other organizational documents or nor in default under any agreement, indenture or instrument except for such violations or defaults that would not result in reasonably be expected to have a material adverse change in effect on the condition, financial or otherwise, or in the earnings, business affairs or business prospects ability of the respective Adviser to perform its obligations under, as applicable, the Management Agreement, the Sub-Advisory Agreement or the FundAdditional Compensation Agreements.

Absence of Violation or Default. The Advisers are not Neither Adviser is in violation of their its certificate of incorporationformation, limited liability company agreement, by-laws or other organizational documents or nor in default under any agreement, indenture or instrument except for such violations or defaults that would not result in a material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of effect on the respective Adviser or a Trust Material Adverse Effect on the FundTrust.