ACTIVITIES OF THE SUB-ADVISOR. It is understood that the Sub-Advisor may perform investment advisory services for various other clients, including other investment companies. The Sub-Advisor will report to the Board of Trustees of the Trust (at regular quarterly meetings and at such other times as such Board of Trustees reasonably shall request)
(i) the financial condition and prospects of the Sub-Advisor, (ii) the nature and amount of transactions affecting the Fund that involve the Sub-Advisor and affiliates of the Sub-Advisor, (iii) information regarding any potential conflicts of interest arising by reason of its continuing provision of advisory services to the Fund and to its other accounts, and (iv) such other information as the Board of Trustees shall reasonably request regarding the Fund, the Fund's performance, the services provided by the Sub-Advisor to the Fund as compared to its other accounts and the plans of, and the capability of, the Sub-Advisor with respect to providing future services to the Fund and its other accounts. At least annually, the Sub-Advisor shall report to the Trustees the total number and type of such other accounts and the approximate total asset value thereof (but not the identities of the beneficial owners of such accounts). The Sub-Advisor agrees to submit to the Trust a statement defining its policies with respect to the allocation of business among the Fund and its other clients. It is understood that the Sub-Advisor may become interested in the Trust as a shareholder or otherwise. The Sub-Advisor has supplied to the Advisor and the Trust copies of its Form ADV with all exhibits and attachments thereto (including the Sub-Advisor's statement of financial condition) and will hereafter supply to the Advisor, promptly upon the preparation thereof, copies of all amendments or restatements of such document.
ACTIVITIES OF THE SUB-ADVISOR. Except to the extent necessary to perform its obligations hereunder, nothing herein shall be deemed to limit or restrict the Sub-advisor's right, or the right of any of the Sub-advisor's directors, officers or employees, to engage in any other business or to devote time and attention to the management or other aspects of any other business, whether of a similar or dissimilar nature, or to render services of any kind to any other corporation, trust, firm, individual or association.
ACTIVITIES OF THE SUB-ADVISOR. The Sub-Advisor will report to the Board of Trustees of the Trust (at regular quarterly meetings and at such other times as such Board of Trustees reasonably shall request, subject to the limitation on personal attendance at such meetings set forth in Section 2a) (i) the financial condition and financial prospects of the Sub- Advisor, (ii) the nature and amount of transactions that may be reasonably expected to affect the Fund that involve the Sub-Advisor and affiliates of the Sub-Advisor, (iii) information regarding any potential conflicts of interest arising by reason of its continuing provision of advisory services to the Fund and to its other accounts, and (iv) such other information as the Board of Trustees shall reasonably request regarding the Fund, including but not limited to the performance of the specific strategy used to manage the assets of the Fund, and the capacity of the Sub-Advisor as it relates to the continuing ability of the Sub-Advisor to accept additional cash flow from the Advisor into the Fund. Upon request, the Sub-Advisor agrees to discuss with the Board its plans for the allocation of remaining capacity in the strategy used to manage the Fund, with respect to the Fund and to the Sub-Advisor’s other clients. The Sub-Advisor has supplied to the Advisor and the Trust copies of its Form ADV with all exhibits and attachments thereto (including the Sub-Advisor’s statement of financial
ACTIVITIES OF THE SUB-ADVISOR. It is understood that the Sub-Advisor may perform investment advisory services for various other clients, including other investment companies. The Sub-Advisor will report to the Board of Trustees of the Trust (at regular quarterly meetings and at such other times as such Board of Trustees reasonably shall request)
(i) the nature and amount of transactions affecting the Fund that involve the Sub-Advisor and affiliates of the Sub-Advisor, (ii) information regarding any potential conflicts of interest arising by reason of its continuing provision of advisory services to the Fund and to its other accounts, and (iii) such other information as the Board of Trustees shall reasonably request regarding the Fund, the Fund's performance, the services provided by the Sub-Advisor to the Fund as compared to its other accounts and the plans of, and the capability of, the Sub-Advisor with respect to providing future services to the Fund and its other accounts. The Sub-Advisor agrees to submit to the Trust a statement defining its policies with respect to the allocation of investment opportunities among the Fund and its other clients. The Sub-Advisor has supplied to the Advisor and the Trust copies of its Form ADV with all exhibits and attachments thereto (including the Sub-Advisor's statement of financial condition) and will hereafter supply to the Advisor, promptly upon the preparation thereof, copies of all amendments or restatements of such document.
ACTIVITIES OF THE SUB-ADVISOR. The Sub-Advisor will report to the Board (at regular quarterly meetings and at such other times as such Board reasonably shall request, subject to the limitation on personal attendance at such meetings set forth in Section 2a of this Agreement) (i) the financial condition and financial prospects of the Sub- Advisor, (ii) the nature and amount of transactions that may be reasonably expected to affect the Fund that involve the Sub-Advisor and its affiliates, (iii) information regarding any potential conflicts of interest arising by reason of its continuing provision of advisory services to the Fund and to its other accounts, and (iv) such other information as the Board shall reasonably request regarding the Fund, including but not limited to the performance of the specific strategy used to manage the Fund Assets, and the capacity of the Sub- Advisor as it relates to the continuing ability of the Sub-Advisor to accept additional cash flow from the Advisor into the Fund. Upon request, the Sub-Advisor agrees to discuss with the Board its plans for the allocation of remaining capacity in the strategy used to manage the Fund, with respect to the Fund and to the Sub-Advisor's other clients.
ACTIVITIES OF THE SUB-ADVISOR. Except to the extent necessary to perform its obligations hereunder, nothing herein shall be deemed to limit or restrict the Sub-advisor's right, or the right of any of the Sub-advisor's directors, officers or employees, to engage in any other business or to devote time and attention to the management or other aspects of any other business, whether of a similar or dissimilar nature, or to render services of any kind to any other corporation, trust, firm, individual or association. The Sub-advisor agrees to continue to serve as investment sub-adviser to the Fund subject to the requirements of Section 6 hereof unless after the initial two-year term of this Agreement has expired, the Fund's total assets fall below $1 billion for a consecutive period of 30 days; provided, however, that in any such case the Sub-advisor may resign as investment sub-advisor to the Fund upon written notice to the Advisor and the Trust, but agrees to continue to provide services to the Fund pursuant to this Agreement until the earlier of (a) the termination of this Agreement by the Trust or the Advisor, or (b) the hiring and commencement of a suitable replacement sub-advisor for the Fund.
ACTIVITIES OF THE SUB-ADVISOR. It is understood that the Sub-Advisor may perform investment advisory services for various other clients, including other investment companies. The Trust and the Advisor further acknowledge that the Sub-Advisor may form or serve as an investment advisor or sub-advisor to future funds, which have the same, similar, or overlapping investment objectives. Provided, however that the Sub-Advisor represents and warrants that it has no arrangement or understanding with any party, other than the Trust, that would influence the decision of the Sub-Advisor with respect to its selection of securities for the Fund, and that all selections shall be done in accordance with what Sub-Advisor reasonably believes is in the best interest of the Fund and in a manner consistent with Sub-Advisor's fiduciary duty and Sub-Advisor's compliance policies as in effect from time to time (including its policies regarding allocation of investments).
ACTIVITIES OF THE SUB-ADVISOR. (a) The Sub-advisor agrees not to resign during the initial two year period from the effective date of the Agreement unless for a consecutive period of 30 days the Fund’ total assets fall below $10 million; provided however that if the Sub-advisor upon the advice of its counsel believes it must resign as sub-advisor to the Fund to meet its fiduciary obligations under the Advisers Act and/or the 1940 Act, and the Sub-advisor provides the Advisor and the Trust with written notice pursuant to provision 6(c)(iv), above, of its need to resign as sub-advisor to the Fund due its fiduciary obligations, then this provision 7(a) shall not apply and the Sub-advisor may resign as sub-advisor to the Fund pursuan to provisions 6(c)(iv) and 6(d), above.
(b) For so long as the Sub-advisor serves as Sub-advisor to the Fund, the Sub-advisor agrees not to begin to manage, as investment advisor or investment sub-advisor, any other publicly offered open-end management investment company registered under the Securities Act of 1933, as amended, and the 1940 Act with investments, an investment methodology and an investment strategy substantially similar to that of the Fund (a "Competing Fund"). If the Sub-advisor were to resign as Sub-advisor to the Fund, the Sub-advisor agrees not to begin to manage, as investment advisor or sub-advisor, a Competing Fund for a period of eighteen (18) month after the effective date of such resignation.
(c) Except to the extent necessary to perform its obligations hereunder, nothing herein shall be deemed to limit or restrict the Sub-advisor's right, or the right of any of the Sub-advisor's directors, officers or employees, to engage in any other business or to devote time and attention to the management or other aspects of any other business, whether of a similar or dissimilar nature, or to render services of any kind to any other corporation, trust, firm, individual or association.
ACTIVITIES OF THE SUB-ADVISOR. (a) The Sub-advisor agrees not to resign with respect to a Fund during the initial two year period from the effective date of the Agreement unless for a consecutive period of 30 days the Fund’s total assets fall below $25 million; provided however that if the Sub-advisor upon the advice of its counsel believes it must resign as sub-advisor to the Fund to meet its fiduciary obligations under the Advisers Act and/or the 1940 Act, and the Sub-advisor provides the Advisor and the Trust with written notice pursuant to provision 6(c)(iv), above, of its need to resign as sub-advisor to the Fund due its fiduciary obligations, then this provision 7(a) shall not apply and the Sub-advisor may resign as sub-advisor to the Fund pursuant to the provisions 6(c)(iv) and 6(d), above.
(b) For so long as the Sub-advisor serves as Sub-advisor to the Fund, the Sub-advisor agrees not to begin to manage, as investment advisor or investment sub-advisor, any other publicly offered open-end management investment company registered under the Securities Act of 1933, as amended, and the 1940 Act with investments, an investment methodology and an investment strategy substantially similar to that of the Fund (a "Competing Fund"). For purposes of this provision, a Competing Fund shall not be (i) an open-end management investment company for which the Sub-advisor provides only overlay services which are substantially similar to the Fund’s investment methodology and investment strategy but does not manage the portfolio’s assets; and (ii) an open-end management investment company for which the Sub-advisor provides sub-advisory services which implement an investment methodology and investment strategy substantially similar to that of the Fund when (x) such other fund is a multi-manager fund and (y) the Sub-advisor does not manage greater than twenty-five percent (25%) of the fund’s assets. If the Sub-advisor were to resign as Sub-advisor to the Fund, the Sub-advisor agrees not to begin to manage, as investment advisor or sub-advisor, a Competing Fund for a period of twenty-four (24) months after the effective date of such resignation.
(c) Except to the extent necessary to perform its obligations hereunder, nothing herein shall be deemed to limit or restrict the Sub-advisor's right, or the right of any of the Sub-advisor's directors, officers or employees, to engage in any other business or to devote time and attention to the management or other aspects of any other business, whether of a sim...
ACTIVITIES OF THE SUB-ADVISOR. It is understood that the Sub-Advisor may perform investment advisory services for various other clients, including other investment companies. The Sub-Advisor will report to the Board of Trustees of the Trust (at regular quarterly meetings and at such other times as such Board of Trustees reasonably shall request) information reasonably requested by such Board of Trustees regarding (i) the nature and amount of transactions affecting the Fund It is understood that the Sub-Advisor may become interested in the Trust as an interest holder or otherwise. The Sub-Advisor has supplied to the Advisor and the Trust copies of its Form ADV with all exhibits and attachments thereto (including the Sub-Advisor's statement of financial condition) and will hereafter supply to the Advisor, promptly upon the preparation thereof, copies of all amendments or restatements of such document.
