Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS).
Appears in 91 contracts
Samples: Distribution Agreement (Gemcorp Commodities Alternative Products Fund), Distribution Agreement (CION Grosvenor Infrastructure Fund), Distribution Agreement (Sphinx Opportunity Fund II)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s Funds’ investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 51 contracts
Samples: Transfer Agency and Services Agreement (ALPS Series Trust), Transfer Agency and Services Agreement (ALPS Series Trust), Transfer Agency and Services Agreement (ALPS Series Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 40 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement, Transfer Agency and Services Agreement, Transfer Agency and Services Agreement
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the FundTrust’s investment adviser, or ALPS, at the option of ALPS).
Appears in 36 contracts
Samples: Distribution Agreement (EA Series Trust), Distribution Agreement (Themes ETF Trust), Distribution Agreement (Investment Managers Series Trust II)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may shall request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, and at the option of ALPS)its own expense.
Appears in 34 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (Clough Global Opportunities Fund), Administration, Bookkeeping and Pricing Services Agreement (Clough Global Dividend & Income Fund), Administration, Bookkeeping and Pricing Services Agreement (Clough Global Equity Fund)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 16 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement, Marketing, Administration, Bookkeeping and Pricing Services Agreement (Blackstone / GSO Senior Floating Rate Term Fund), Administration, Bookkeeping and Pricing Services Agreement (Griffin Institutional Access Real Estate Fund)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s independent board members, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 16 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (Rivernorth Opportunities Fund, Inc.), Administration, Bookkeeping and Pricing Services Agreement (RiverNorth Specialty Finance Corp), Administration, Bookkeeping and Pricing Services Agreement (RiverNorth Managed Duration Municipal Income Fund II, Inc.)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s investment adviser, or ALPS, at the option of ALPS).
Appears in 13 contracts
Samples: Distribution Agreement (Manager Directed Portfolios), Distribution Agreement (Natixis ETF Trust II), Distribution Agreement (Natixis ETF Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the FundTrust’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 12 contracts
Samples: Transfer Agency and Service Agreement (Cornercap Group of Funds /Va/), Administration, Bookkeeping and Pricing Services Agreement (Cornercap Group of Funds /Va/), Administration, Bookkeeping and Pricing Services Agreement (Stadion Investment Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s Funds’ investment adviser, or ALPS, at the option of ALPS).
Appears in 9 contracts
Samples: Distribution Agreement (Hartford Funds NextShares Trust), Distribution Agreement (Hartford Funds Exchange-Traded Trust), Distribution Agreement (Hartford Funds NextShares Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, Fund or the Fund’s investment adviser, or ALPS, at such other counsel as the option of ALPSFund and ALPS may agree upon).
Appears in 9 contracts
Samples: Distribution Agreement (Stone Ridge Trust V), Distribution Agreement (Stone Ridge Trust IV), Distribution Agreement (Stone Ridge Trust III)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the a Fund’s investment adviser, or ALPS, at the option of ALPS).
Appears in 8 contracts
Samples: Distribution Agreement (Pointbreak ETF Trust), Distribution Agreement (Pointbreak ETF Trust), Distribution Agreement (Pointbreak ETF Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS), at its own expense.
Appears in 8 contracts
Samples: Distribution Agreement (X-Square Balanced Fund, LLC), Distribution Agreement (FS Multi-Alternative Income Fund), Distribution Agreement (FS Energy Total Return Fund)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from external legal counsel of its own choosing (who may be external legal counsel for the Fund, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS); provided, however, that ALPS shall not seek that advice of legal counsel to the Fund or the Fund’s investment adviser without first notifying the Fund’s investment adviser in writing of its intention of doing so.
Appears in 8 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (Whitebox Mutual Funds), Transfer Agency and Service Agreement (Whitebox Mutual Funds), Administration, Bookkeeping and Pricing Services Agreement (Whitebox Mutual Funds)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be for the Fund, counsel for the Fund, the Fund’s investment adviseradvisors, or counsel for ALPS, at the option of ALPS), the cost of which shall be borne solely by ALPS.
Appears in 7 contracts
Samples: Distribution Agreement (CC Real Estate Income Fund-T2), Distribution Agreement (CC Real Estate Income Fund-Adv), Distribution Agreement (NorthStar Real Estate Capital Income Fund-C)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from external legal counsel of its own choosing (who may be external legal counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS); provided, however, that ALPS shall not seek that advice of legal counsel to the Fund or the Fund’s investment adviser without first notifying the Fund’s investment adviser in writing of its intention of doing so.
Appears in 7 contracts
Samples: Distribution Agreement (Arbitrage Funds), Distribution Agreement (Arbitrage Funds), Distribution Agreement (Whitebox Mutual Funds)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not taketake in connection with the services to be provided hereunder, ALPS may shall request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, and at the option of ALPS)its own expense.
Appears in 6 contracts
Samples: Marketing, Administration, Bookkeeping and Pricing Services Agreement (Stone Harbor Emerging Markets Total Income Fund), Fund Accounting and Administration Agreement (Financial Investors Trust), Fund Accounting and Administration Agreement (ALPS Variable Insurance Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the FundTrust’s investment adviser, sub-advisers, or ALPS, at the option of ALPS).
Appears in 6 contracts
Samples: Distribution Agreement (EGA Emerging Global Shares Trust), Distribution Agreement (EGA Emerging Global Shares Trust), Distribution Agreement (EGA Emerging Global Shares Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS, at its own cost).
Appears in 6 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (Blackstone / GSO Long-Short Credit Income Fund), Administration, Bookkeeping and Pricing Services Agreement (Blackstone / GSO Strategic Credit Fund), Administration, Bookkeeping and Pricing Services Agreement (Blackstone / GSO Floating Rate High Income Fund)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s 's investment adviser, or ALPS, at the option of ALPS).
Appears in 5 contracts
Samples: Distribution Agreement (Broadview Funds Trust), Distribution Agreement (Principal Exchange-Traded Funds), Distribution Agreement (DBX ETF Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundFunds, the Fund’s Funds’ investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 5 contracts
Samples: Fund Accounting and Services Agreement (ALPS ETF Trust), Fund Accounting and Services Agreement (Elevation ETF Trust), Fund Accounting and Services Agreement (Elevation ETF Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (choosing, who may be counsel for the Fund, Fund or the Fund’s investment adviser, or ALPSadviser (each, at the option Fund’s expense) or ALPS (at the expense of ALPS).
Appears in 5 contracts
Samples: Distribution Agreement (GLG Investment Series Trust), Transfer Agency and Services Agreement (GLG Investment Series Trust), Distribution Agreement (GLG Investment Series Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Trust’s independent board members, each Fund’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 4 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (ALPS Series Trust), Administration, Bookkeeping and Pricing Services Agreement (ALPS Series Trust), Administration, Bookkeeping and Pricing Services Agreement (ALPS Series Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the a Fund, the a Fund’s investment adviser, or ALPS, at the option of ALPS).
Appears in 4 contracts
Samples: Distribution Agreement (North American Government Bond Fund Inc), Distribution Agreement (Isi Strategy Fund Inc), Distribution Agreement (Managed Municipal Fund Inc)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundCortina, the Fund’s Funds’ investment adviser, or ALPS, at the option of ALPS).
Appears in 4 contracts
Samples: Distribution Agreement (Cortina Funds, Inc.), Distribution Agreement (Cortina Funds, Inc.), Distribution Agreement (Cortina Funds, Inc.)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Trust’s independent board members, a Fund’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 3 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (Sprott ETF Trust), Administration, Bookkeeping and Pricing Services Agreement (Goehring & Rozencwajg Investment Funds), Administration, Bookkeeping and Pricing Services Agreement (Goehring & Rozencwajg Investment Funds)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s Funds’ investment adviser, or ALPS, at the option of ALPS), at its own expense.
Appears in 3 contracts
Samples: Distribution Agreement (FS Series Trust), Distribution Agreement (FS Series Trust), Distribution Agreement (FS Series Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, Fund or the Fund’s investment adviser, or ALPS, at the option of ALPS).
Appears in 3 contracts
Samples: Distribution Agreement (Reality Shares ETF Trust), Distribution Agreement (Reality Shares ETF Trust), Distribution Agreement (Reality Shares ETF Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser (who may be used upon advance approval by the Fund’s investment adviser), or ALPS, at the option of ALPS).
Appears in 3 contracts
Samples: Distribution Agreement (Janus Detroit Street Trust), Distribution Agreement (Janus Detroit Street Trust), Distribution Agreement (Janus Detroit Street Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS). If counsel other than Fund or investment adviser counsel is consulted by ALPS, the fees and expenses of such counsel shall be ALPS’ responsibility.
Appears in 3 contracts
Samples: Distribution Agreement (Caldwell & Orkin Funds Inc), Distribution Agreement (Caldwell & Orkin Funds Inc), Transfer Agency and Services Agreement (Caldwell & Orkin Funds Inc)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing and at its own expense (who may be counsel for the FundTrust, the Fund’s Funds’ investment adviser, or ALPS, at the option of ALPS).
Appears in 3 contracts
Samples: Distribution Agreement (Columbia ETF Trust I), Distribution Agreement (Columbia ETF Trust II), Distribution Agreement (Columbia ETF Trust I)
Advice of Counsel. If ALPS is shall be in doubt as to any question of law pertaining to any action it should or should not take, ALPS may shall request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, and at the option of ALPS)its own expense.
Appears in 3 contracts
Samples: Fund Accounting Agreement (Agile Funds Inc), Fund Accounting and Services Agreement (Lipper Funds Inc), Fund Accounting Agreement (Agile Funds Inc)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing and at its own expense (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS).
Appears in 3 contracts
Samples: Transfer Agency Interactive Client Services Agreement (Financial Investors Trust), Distribution Agreement (Financial Investors Trust), Transfer Agency and Services Agreement (Financial Investors Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, or, with prior approval from the Fund, counsel for the Fund’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (Resource Credit Income Fund), Administration, Bookkeeping and Pricing Services Agreement (Resource Real Estate Diversified Income Fund)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice advice, at its own expense, from counsel of its own choosing (who may be counsel for the FundTrust, the a Fund’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Distribution Agreement (USCF ETF Trust), Distribution Agreement (USCF ETF Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS); provided, however, that ALPS shall not seek that advice of legal counsel to the Trust or the Trust’s investment adviser without first notifying the Trust’s investment adviser in writing of its intention of doing so.
Appears in 2 contracts
Samples: Transfer Agency and Services Agreement (Context Capital Funds), Administration, Bookkeeping and Pricing Services Agreement (Context Capital Funds)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, Trust or the FundTrust’s investment adviser, or ALPS, at such other counsel as the option of ALPSTrust and ALPS may agree upon).
Appears in 2 contracts
Samples: Distribution Agreement (Stone Ridge Trust), Distribution Agreement (Stone Ridge Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the FundTrust’s investment adviser, adviser or ALPS, at the option of ALPS)) and at its own expense.
Appears in 2 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (Wesmark Funds), Administration, Bookkeeping and Pricing Services Agreement (Wesmark Funds)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may may, at its expense, request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s investment adviser, or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Distribution Agreement (USCF Mutual Funds Trust), Distribution Agreement (USCF Mutual Funds Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s Portfolios’ investment adviser, adviser or ALPS, at the option of ALPS), provided, that any conflicts of interest presented thereby have been waived by the applicable parties.
Appears in 2 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement, Administration, Bookkeeping and Pricing Services Agreement (Financial Investors Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS ALPS, at its own expense, may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the FundTrust’s investment adviser, or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Distribution Agreement (Barings Funds Trust), Distribution Agreement (Babson Capital Funds Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundCortina, the Fund’s Funds’ investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Transfer Agency and Services Agreement (Cortina Funds, Inc.), Administration, Bookkeeping and Pricing Services Agreement (Cortina Funds, Inc.)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may may, at its own expense, request advice from counsel of its own choosing (who may be counsel for the FundTrust, the FundTrust’s investment adviser, or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Distribution Agreement (EA Series Trust), Distribution Agreement (ETF Series Solutions)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundFunds, the Fund’s Funds’ investment adviser, advisers or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Sub Administration Agreement (Isi Strategy Fund Inc), Sub Administration Agreement (North American Government Bond Fund Inc)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviserTrust, or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Transfer Agency and Services Agreement (Clough Funds Trust), Transfer Agency and Services Agreement (Clough Funds Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundCompany, the FundCompany’s investment adviser, or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Distribution Agreement (CIM Real Assets & Credit Fund), Distribution Agreement (TXF Funds Inc)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may may, at its own expense, request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s Funds’ investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Distribution Agreement (1290 Funds), Distribution Agreement (1290 Funds)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from the Fund’s counsel, or, at its own expense, request advice from other counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS)choosing.
Appears in 2 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (XAI Octagon Floating Rate & Alternative Income Term Trust), Administration, Bookkeeping and Pricing Services Agreement (XAI Octagon Floating Rate & Alternative Income Term Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (choosing, at its own expense {who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Distribution Agreement (IndexIQ Active ETF Trust), Distribution Agreement (IndexIQ ETF Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Trust’s independent board members, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS). In the event that ALPS should choose a counsel other than counsel to the Trust, ALPS shall notify the Trust of such selection of counsel.
Appears in 2 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (Harvest Volatility Edge Trust), Administration, Bookkeeping and Pricing Services Agreement (Harvest Volatility Edge Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the FundTrust’s investment adviserindependent board members, or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (Clough Funds Trust), Administration, Bookkeeping and Pricing Services Agreement (Clough Funds Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundFunds, the Fund’s Funds’ investment adviser, or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Distribution Agreement (LifeX Inflation-Protected Income Trust 1948F), Distribution Agreement (LifeX Income Trust 1948F)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s Funds’ investment adviser, or ALPS, at the option of ALPS). In the event that ALPS should choose a counsel other than counsel to the Trust, ALPS shall notify the Trust of its selection of such counsel.
Appears in 2 contracts
Samples: Distribution Agreement (Harvest Volatility Edge Trust), Distribution Agreement (Harvest Volatility Edge Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s investment adviseradviser to the Funds, or ALPS, at the option of ALPS); provided, however, that ALPS shall not seek that advice of legal counsel to the Trust or the investment adviser to the Trust without first notifying the Trust or the investment adviser to the Funds, as applicable, in writing of its intention of doing so.
Appears in 2 contracts
Samples: Distribution Agreement (IndexIQ Active ETF Trust), Distribution Agreement (IndexIQ Active ETF Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not taketake in connection with the services to be provided hereunder, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Transfer Agency Interactive Client Services Agreement (Cook & Bynum Funds Trust), Distribution Agreement (Cook & Bynum Funds Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s 's independent board members, the Fund's investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Administration, Bookkeeping and Pricing Services Agreement (RiverNorth Flexible Municipal Income Fund II, Inc.), Administration, Bookkeeping and Pricing Services Agreement (Flat Rock Core Income Fund)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS ALPS, at its own expense, may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s Funds, the Funds’ investment adviser, or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Distribution Agreement (Goehring & Rozencwajg Investment Funds), Distribution Agreement (Goehring & Rozencwajg Investment Funds)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrusts, the Fund’s investment adviserTrusts’ independent board members, the Advisors, or ALPS). Notwithstanding anything else in this Agreement, at if ALPS requests advice from counsel other than counsel to the option Trusts or the Advisors, the expense of such counsel will be borne by ALPS).
Appears in 2 contracts
Samples: Transfer Agency and Services Agreement (Salient MF Trust), Transfer Agency and Services Agreement (Forward Funds)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s Funds’ investment adviser, adviser or ALPS, at the option of ALPS). In the event that ALPS should choose a counsel other than counsel to the Trust, ALPS shall notify the Trust of such selection of counsel.
Appears in 2 contracts
Samples: Transfer Agency and Services Agreement (Harvest Volatility Edge Trust), Transfer Agency and Services Agreement (Harvest Volatility Edge Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing choosing, at its own expense, (who may be counsel for the Fund, the Fund’s independent board members, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 2 contracts
Samples: Sub Administration, Bookkeeping and Pricing Services Agreement (X-Square Balanced Fund, LLC), Administration, Bookkeeping and Pricing Services Agreement (X-Square Balanced Fund, LLC)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing at its own expense (who may be counsel for the FundTrust, the Fund’s Funds’ investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 1 contract
Samples: Sub Administration, Bookkeeping and Pricing Services Agreement (Icon Funds)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing and at its own expense (who may be counsel for the Fund, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 1 contract
Samples: Administration, Bookkeeping and Pricing Services Agreement (Financial Investors Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not taketake in connection with the services to be provided hereunder, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 1 contract
Samples: Administration, Bookkeeping and Pricing Services Agreement (Cook & Bynum Funds Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing choosing, at its own expense (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS).
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing choosing, at its own expense (who may be counsel for the Fund, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (X-Square Balanced Fund, LLC)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from external legal counsel of its own choosing (who may be external legal counsel for the Fund, the Fund’s investment adviser, Advisor or ALPS, at the option of ALPS).
Appears in 1 contract
Samples: Administration, Bookkeeping and Pricing Services Agreement (Arbitrage Funds)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request request, at its own expense, advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 1 contract
Samples: Transfer Agency Interactive Client Services Agreement (AQR Funds)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s independent board members, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS, at its own cost). ALPS shall confer with the Adviser prior to consultation with counsel of the Adviser or the Fund.
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the a Fund, the a Fund’s investment adviserindependent trustees, or ALPS, at the option of ALPS).
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may may, at its expense, request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (USCF Mutual Funds Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the each Fund’s investment adviser, or ALPS, at the option of ALPS).
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundFund (if the Fund consents), the Fund’s investment adviser, or ALPS, at the option of ALPS, but at its own expense).
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s Funds' investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 1 contract
Samples: Administration, Bookkeeping and Pricing Services Agreement (ALPS Series Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may may, at ALPS’ own expense and upon prior notice to the Adviser, request advice from counsel of its own choosing (who may be counsel for the FundTrust, the FundTrust’s investment adviserindependent board members, the Adviser or ALPS, at the option of ALPS).
Appears in 1 contract
Samples: Administration, Bookkeeping and Pricing Services Agreement (1WS Credit Income Fund)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundCompany, the Fund’s Funds, the Funds’ investment adviser, or ALPS, at the option of ALPS).
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request that the Fund or the Fund’s adviser request advice from counsel or may, in the event a response from counsel is not received in a timely manner, seek advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS)choosing.
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (Northeast Investors Growth Fund Inc)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s Funds' investment adviser, or ALPS, at the option of ALPS).
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from external legal counsel of its own choosing (who may be external legal counsel for the Fund, the Fund’s investment adviser, Advisor or ALPS, at the option of ALPS); provided, however, that ALPS shall not seek that advice of legal counsel to the Fund or the Fund’s investment adviser without first notifying the Fund’s investment adviser in writing of its intention of doing so.
Appears in 1 contract
Samples: Administration, Bookkeeping and Pricing Services Agreement (Arbitrage Funds)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing at its own expense (who may be counsel for the FundTrust, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (Icon Funds)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, Trust or the FundTrust’s investment adviser, or ALPS, at the option of ALPS).
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice advise from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS).
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviserCo-Advisers, FAS or ALPS, at the option of ALPS). In doing so, ALPS will aspire to limit the cost to the Fund by seeking outside counsel.
Appears in 1 contract
Samples: Administration, Bookkeeping and Pricing Services Agreement (Boulder Growth & Income Fund)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not taketake in connection with the performance of its duties and obligations under this Agreement, ALPS may request advice from counsel of its own choosing (who choosing, which may be include counsel for the Fund, the Fund’s investment adviserFunds, or ALPSfor counsel for the Funds’ investment advisors. Provided, at however, that ALPS shall be solely responsible for the option expense of ALPS)any such advice.
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may may, at its own expense, request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s Funds’ investment adviser, or ALPS, at the option of ALPS).
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s Portfolios’ investment adviser, or ALPS, at the option of ALPS).
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS). If counsel other than the Fund or investment adviser counsel is consulted by ALPS, the fees and expenses of such counsel shall be ALPS’ responsibility.
Appears in 1 contract
Samples: Transfer Agency Interactive Client Services Agreement (Caldwell & Orkin Funds Inc)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, Trust or the Fund’s investment adviser, or ALPS, at the option of ALPS).
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (Bridge Builder Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request at no cost to the Trust advice from counsel of its own choosing (who may be counsel for the FundTrust, the FundTrust’s investment adviser, or ALPS, at the option of ALPS).
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Fund’s investment adviserAdviser, or ALPS, at the option of ALPS).
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the FundTrust’s independent board members, the Funds’ investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 1 contract
Samples: Administration, Bookkeeping and Pricing Services Agreement (Financial Investors Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS ALPS, at its own expense, may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the reasonable option of ALPS).
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the FundTrust’s investment adviser, or ALPS, at the option of ALPS). The Trust should not be responsible for the legal fees that result from requesting advice.
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS), at ALPS’ expense.
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from external legal counsel of its own choosing (who may be external legal counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS).
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS)) and at its own expense.
Appears in 1 contract
Samples: Fund Accounting and Services Agreement (Guinness Atkinson Funds)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the FundTrust, the Trust’s independent board members, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS).
Appears in 1 contract
Samples: Administration, Bookkeeping and Pricing Services Agreement (Index Funds)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not taketake pursuant to this Agreement, ALPS may request advice from reasonably experienced counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS).
Appears in 1 contract
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS). If ALPS is relying on counsel that is not Fund counsel or adviser counsel, ALPS will be responsible for cost of any counsel that does not represent the Fund.
Appears in 1 contract
Samples: Administration, Bookkeeping and Pricing Services Agreement (Cullen Funds Trust)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, adviser or ALPS, at the option of ALPS). If counsel other than Fund or investment adviser counsel is consulted by ALPS, the fees and expenses of such counsel shall be ALPS’ responsibility.
Appears in 1 contract
Samples: Administration, Bookkeeping and Pricing Services Agreement (Caldwell & Orkin Funds Inc)
Advice of Counsel. If ALPS is in doubt as to any question of law pertaining to any action it should or should not take, ALPS may request advice from counsel of its own choosing (who may be counsel for the Fund, the Fund’s investment adviser, or ALPS, at the option of ALPS)) at its own expense.
Appears in 1 contract
Samples: Distribution Agreement (Axonic Alternative Income Fund)
