Common use of ACTIVITIES OF THE SUB-ADVISOR Clause in Contracts

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.

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 $10 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 pursuan pursuant to the provisions 6(c)(iv) and 6(d), above.

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’ ’s total assets fall below $10 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 pursuan to provisions 6(c)(iv) and 6(d), above.

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’ ’s total assets fall below $10 25 million; provided however 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 pursuant to provisions 6(c)(iv) and 6(d), above.