Common use of Bankruptcy and Related Events Clause in Contracts

Bankruptcy and Related Events. Each of the Adviser and the Subadviser agrees that it will provide prompt notice to the other in the event that: (i) it makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, or is otherwise adjudged bankrupt or insolvent by a court of competent jurisdiction; or (ii) a material event occurs that could reasonably be expected to adversely impair its ability to perform this Agreement. The Adviser further agrees that it will provide prompt notice to the Subadviser in the event that the Trust ceases to be registered as an investment company under the Act. THE ADVISER, THE TRUST AND THE SERIES SHOULD ALSO BE AWARE THAT THIS COMMODITY TRADING ADVISOR MAY ENGAGE IN TRADING FOREIGN FUTURES OR OPTIONS CONTRACTS. TRANSACTIONS ON MARKETS LOCATED OUTSIDE THE UNITED STATES, INCLUDING MARKETS FORMALLY LINKED TO A UNITED STATES MARKET, MAY BE SUBJECT TO REGULATIONS WHICH OFFER DIFFERENT OR DIMINISHED PROTECTION. FURTHER, UNITED STATES REGULATORY AUTHORITIES MAY BE UNABLE TO COMPEL THE ENFORCEMENT OF THE RULES OF REGULATORY AUTHORITIES OR MARKETS IN NON UNITED STATES JURISDICTIONS WHERE SERIES TRANSACTIONS MAY BE EFFECTED. BEFORE THE SERIES TRADES, SERIES SHOULD INQUIRE ABOUT ANY RULES RELEVANT TO SERIES’ PARTICULAR CONTEMPLATED TRANSACTIONS AND ASK THE FIRM WITH WHICH THE SERIES INTENDS TO TRADE FOR DETAILS ABOUT THE TYPES OF REDRESS AVAILABLE IN BOTH THE SERIES’ LOCAL AND OTHER RELEVANT JURISDICTIONS. PURSUANT TO AN EXEMPTION FROM THE COMMODITY FUTURES TRADING COMMISSION (THE “COMMISSION”) IN CONNECTION WITH ACCOUNTS OF QUALIFIED ELIGIBLE PERSONS, THIS BROCHURE OR ACCOUNT DOCUMENT IS NOT REQUIRED TO BE, AND HAS NOT BEEN, FILED WITH THE COMMISSION. THE COMMISSION DOES NOT PASS UPON THE MERITS OF PARTICIPATING IN A TRADING PROGRAM OR UPON THE ADEQUACY OR ACCURACY OF COMMODITY TRADING ADVISOR DISCLOSURE. CONSEQUENTLY, THE COMMODITY FUTURES TRADING COMMISSION HAS NOT REVIEWED OR APPROVED THIS TRADING PROGRAM OR THIS BROCHURE OR ACCOUNT DOCUMENT. [signature page follows] VIRTUS ALTERNATIVE SOLUTIONS TRUST By: /s/ Axx Xxxxxxx Name: Axx Xxxxxxx Title: Vice President and Assistant Treasurer VIRTUS ALTERNATIVE INVESTMENT ADVISERS, INC. By: /s/ Fxxxx Xxxxxxx Name: Fxxxx Xxxxxxx Title: Executive Vice President ACCEPTED: Fxxxxxx, Xxxxxxx, Trees & Wxxxx, Inc. By: /s/ Rxxxx Xxxxxxx Name: Rxxxx Xxxxxxx Title: Chief Legal and Compliance Officer SCHEDULES: A. Operational Procedures

Appears in 1 contract

Samples: Subadvisory Agreement (Virtus Alternative Solutions Trust)

AutoNDA by SimpleDocs

Bankruptcy and Related Events. Each of the Adviser and the Subadviser agrees that it will provide prompt notice to the other in the event that: (i) it makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, or is otherwise adjudged bankrupt or insolvent by a court of competent jurisdiction; or (ii) a material event occurs that could reasonably be expected to adversely impair its ability to perform this Agreement. The Adviser further agrees that it will provide prompt notice to the Subadviser in the event that the Trust ceases to be registered as an investment company under the Act. THE ADVISER, THE TRUST AND THE SERIES SHOULD ALSO BE AWARE THAT THIS COMMODITY TRADING ADVISOR MAY ENGAGE IN TRADING FOREIGN FUTURES OR OPTIONS CONTRACTS. TRANSACTIONS ON MARKETS LOCATED OUTSIDE THE UNITED STATES, INCLUDING MARKETS FORMALLY LINKED TO A UNITED STATES MARKET, MAY BE SUBJECT TO REGULATIONS WHICH OFFER DIFFERENT OR DIMINISHED PROTECTION. FURTHER, UNITED STATES REGULATORY AUTHORITIES MAY BE UNABLE TO COMPEL THE ENFORCEMENT OF THE RULES OF REGULATORY AUTHORITIES OR MARKETS IN NON UNITED STATES JURISDICTIONS WHERE SERIES TRANSACTIONS MAY BE EFFECTED. BEFORE THE SERIES TRADES, SERIES SHOULD INQUIRE ABOUT ANY RULES RELEVANT TO SERIES’ PARTICULAR CONTEMPLATED TRANSACTIONS AND ASK THE FIRM WITH WHICH THE SERIES INTENDS TO TRADE FOR DETAILS ABOUT THE TYPES OF REDRESS AVAILABLE IN BOTH THE SERIES’ LOCAL AND OTHER RELEVANT JURISDICTIONS. PURSUANT TO AN EXEMPTION FROM THE COMMODITY FUTURES TRADING COMMISSION (THE “COMMISSION”) IN CONNECTION WITH ACCOUNTS OF QUALIFIED ELIGIBLE PERSONS, THIS BROCHURE OR ACCOUNT DOCUMENT AGREEMENT IS NOT REQUIRED TO BE, AND HAS NOT BEEN, FILED WITH THE COMMISSION. THE COMMODITY FUTURES TRADING COMMISSION DOES NOT PASS UPON THE MERITS OF PARTICIPATING IN A ANY TRADING PROGRAM OR UPON THE ADEQUACY OR ACCURACY OF COMMODITY TRADING ADVISOR DISCLOSURE. CONSEQUENTLY, THE COMMODITY FUTURES TRADING COMMISSION HAS NOT REVIEWED OR APPROVED THIS ANY TRADING PROGRAM OF THE SUBADVISER OR THIS BROCHURE OR ACCOUNT DOCUMENTAGREEMENT. [signature page follows] VIRTUS ALTERNATIVE SOLUTIONS TRUST By: /s/ Axx W. Pxxxxxx Xxxxxxx Name: Axx W. Pxxxxxx Xxxxxxx Title: Vice President and Assistant SVP, CFO & Treasurer VIRTUS ALTERNATIVE INVESTMENT ADVISERS, INC. By: /s/ Fxxxx Fxxxxxx X. Xxxxxxx Name: Fxxxx Fxxxxxx X. Xxxxxxx Title: Executive Vice President ACCEPTED: FxxxxxxGxxxxx Capital Management, Xxxxxxx, Trees & Wxxxx, Inc. L.P. By: /s/ Rxxxx Pxxx Xxxxxxx Name: Rxxxx Pxxx Xxxxxxx Title: Chief Legal COO, General Counsel and Compliance Officer Vice Chairman SCHEDULES: A. Operational Procedures

Appears in 1 contract

Samples: Subadvisory Agreement (Virtus Alternative Solutions Trust)

Bankruptcy and Related Events. Each of the Adviser and the Subadviser agrees that it will provide prompt notice to the other in the event that: (i) it makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, or is otherwise adjudged bankrupt or insolvent by a court of competent jurisdiction; or (ii) a material event occurs that could reasonably be expected to adversely impair its ability to perform this Agreement. The Adviser further agrees that it will provide prompt notice to the Subadviser in the event that the Trust ceases to be registered as an investment company under the Act. THE ADVISER, THE TRUST AND THE SERIES SHOULD ALSO BE AWARE THAT THIS COMMODITY TRADING ADVISOR MAY ENGAGE IN TRADING FOREIGN FUTURES OR OPTIONS CONTRACTS. TRANSACTIONS ON MARKETS LOCATED OUTSIDE THE UNITED STATES, INCLUDING MARKETS FORMALLY LINKED TO A UNITED STATES MARKET, MAY BE SUBJECT TO REGULATIONS WHICH OFFER DIFFERENT OR DIMINISHED PROTECTION. FURTHER, UNITED STATES REGULATORY AUTHORITIES MAY BE UNABLE TO COMPEL THE ENFORCEMENT OF THE RULES OF REGULATORY AUTHORITIES OR MARKETS IN NON UNITED STATES JURISDICTIONS WHERE SERIES TRANSACTIONS MAY BE EFFECTED. BEFORE THE SERIES TRADES, SERIES SHOULD INQUIRE ABOUT ANY RULES RELEVANT TO SERIES’ PARTICULAR CONTEMPLATED TRANSACTIONS AND ASK THE FIRM WITH WHICH THE SERIES INTENDS TO TRADE FOR DETAILS ABOUT THE TYPES OF REDRESS AVAILABLE IN BOTH THE SERIES’ LOCAL AND OTHER RELEVANT JURISDICTIONS. PURSUANT TO AN EXEMPTION FROM THE COMMODITY FUTURES TRADING COMMISSION (THE “COMMISSION”) IN CONNECTION WITH ACCOUNTS OF QUALIFIED ELIGIBLE PERSONS, THIS BROCHURE OR ACCOUNT DOCUMENT AGREEMENT IS NOT REQUIRED TO BE, AND HAS NOT BEEN, FILED WITH THE COMMISSION. THE COMMODITY FUTURES TRADING COMMISSION DOES NOT PASS UPON THE MERITS OF PARTICIPATING IN A ANY TRADING PROGRAM OR UPON THE ADEQUACY OR ACCURACY OF COMMODITY TRADING ADVISOR DISCLOSURE. CONSEQUENTLY, THE COMMODITY FUTURES TRADING COMMISSION HAS NOT REVIEWED OR APPROVED THIS ANY TRADING PROGRAM OF THE SUBADVISER OR THIS BROCHURE OR ACCOUNT DOCUMENTAGREEMENT. [signature page follows] VIRTUS ALTERNATIVE SOLUTIONS TRUST VATS OFFSHORE FUND, LTD. By: /s/ Axx W. Pxxxxxx Xxxxxxx Name: Axx W. Pxxxxxx Xxxxxxx Title: Vice President and Assistant SVP, CFO & Treasurer VIRTUS ALTERNATIVE INVESTMENT ADVISERS, INC. By: /s/ Fxxxx Fxxxxxx X. Xxxxxxx Name: Fxxxx Fxxxxxx X. Xxxxxxx Title: Executive Vice President ACCEPTED: FxxxxxxGxxxxx Capital Management, Xxxxxxx, Trees & Wxxxx, Inc. L.P. By: /s/ Rxxxx Pxxx Xxxxxxx Name: Rxxxx Pxxx Xxxxxxx Title: Chief Legal COO, General Counsel and Compliance Officer Vice Chairman SCHEDULES: A. Operational Procedures

Appears in 1 contract

Samples: Subadvisory Agreement (Virtus Alternative Solutions Trust)

Bankruptcy and Related Events. Each of the Adviser and the Subadviser agrees that it will provide prompt notice to the other in the event that: (i) it makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, or is otherwise adjudged bankrupt or insolvent by a court of competent jurisdiction; or (ii) a material event occurs that could reasonably be expected to adversely impair its ability to perform this Agreement. The Adviser further agrees that it will provide prompt notice to the Subadviser in the event that the Trust ceases to be registered as an investment company under the Act. THE ADVISER, THE TRUST AND THE SERIES SHOULD ALSO BE AWARE THAT THIS COMMODITY TRADING ADVISOR MAY ENGAGE IN TRADING FOREIGN FUTURES OR OPTIONS CONTRACTS. TRANSACTIONS ON MARKETS LOCATED OUTSIDE THE UNITED STATES, INCLUDING MARKETS FORMALLY LINKED TO A UNITED STATES MARKET, MAY BE SUBJECT TO REGULATIONS WHICH OFFER DIFFERENT OR DIMINISHED PROTECTION. FURTHER, UNITED STATES REGULATORY AUTHORITIES MAY BE UNABLE TO COMPEL THE ENFORCEMENT OF THE RULES OF REGULATORY AUTHORITIES OR MARKETS IN NON UNITED STATES JURISDICTIONS WHERE SERIES TRANSACTIONS MAY BE EFFECTED. BEFORE THE SERIES TRADES, SERIES SHOULD INQUIRE ABOUT ANY RULES RELEVANT TO SERIES’ PARTICULAR CONTEMPLATED TRANSACTIONS AND ASK THE FIRM WITH WHICH THE SERIES INTENDS TO TRADE FOR DETAILS ABOUT THE TYPES OF REDRESS AVAILABLE IN BOTH THE SERIES’ LOCAL AND OTHER RELEVANT JURISDICTIONS. PURSUANT TO AN EXEMPTION FROM THE COMMODITY FUTURES TRADING COMMISSION (THE “COMMISSION”) IN CONNECTION WITH ACCOUNTS OF QUALIFIED ELIGIBLE PERSONS, THIS BROCHURE OR ACCOUNT DOCUMENT IS NOT REQUIRED TO BE, AND HAS NOT BEEN, FILED WITH THE COMMISSION. THE COMMODITY FUTURES TRADING COMMISSION DOES NOT PASS UPON THE MERITS OF PARTICIPATING IN A TRADING PROGRAM OR UPON THE ADEQUACY OR ACCURACY OF COMMODITY TRADING ADVISOR DISCLOSURE. CONSEQUENTLY, THE COMMODITY FUTURES TRADING COMMISSION HAS NOT REVIEWED OR APPROVED THIS TRADING PROGRAM OR THIS BROCHURE OR ACCOUNT DOCUMENT. [signature page follows] VIRTUS ALTERNATIVE SOLUTIONS OPPORTUNITIES TRUST By: /s/ Axx W. Pxxxxxx Xxxxxxx Name: Axx W. Pxxxxxx Xxxxxxx Title: Executive Vice President and Assistant President, Chief Financial Officer & Treasurer VIRTUS ALTERNATIVE INVESTMENT ADVISERS, INC. By: /s/ Fxxxx Fxxxxxx X. Xxxxxxx Name: Fxxxx Fxxxxxx X. Xxxxxxx Title: Executive Vice President ACCEPTED: FxxxxxxFORT, Xxxxxxx, Trees & Wxxxx, Inc. L.P. By: /s/ Rxxxx Xxxxxxx Cxxxxxxxxxx Xxxxxx Name: Rxxxx Xxxxxxx Cxxxxxxxxxx Xxxxxx Title: Chief Legal and Compliance Officer General Counsel SCHEDULES: A. Operational Procedures

Appears in 1 contract

Samples: Subadvisory Agreement (Virtus Opportunities Trust)

AutoNDA by SimpleDocs

Bankruptcy and Related Events. Each of the Adviser and the Subadviser agrees that it will provide prompt notice to the other in the event that: (i) it makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, or is otherwise adjudged bankrupt or insolvent by a court of competent jurisdiction; or (ii) a material event occurs that could reasonably be expected to adversely impair its ability to perform this Agreement. The Adviser further agrees that it will provide prompt notice to the Subadviser in the event that the Trust ceases to be registered as an investment company under the Act. THE ADVISER, THE TRUST AND THE SERIES SHOULD ALSO BE AWARE THAT THIS COMMODITY TRADING ADVISOR MAY ENGAGE IN TRADING FOREIGN FUTURES OR OPTIONS CONTRACTS. TRANSACTIONS ON MARKETS LOCATED OUTSIDE THE UNITED STATES, INCLUDING MARKETS FORMALLY LINKED TO A UNITED STATES MARKET, MAY BE SUBJECT TO REGULATIONS WHICH OFFER DIFFERENT OR DIMINISHED PROTECTION. FURTHER, UNITED STATES REGULATORY AUTHORITIES MAY BE UNABLE TO COMPEL THE ENFORCEMENT OF THE RULES OF REGULATORY AUTHORITIES OR MARKETS IN NON UNITED STATES JURISDICTIONS WHERE SERIES TRANSACTIONS MAY BE EFFECTED. BEFORE THE SERIES TRADES, SERIES SHOULD INQUIRE ABOUT ANY RULES RELEVANT TO SERIES’ PARTICULAR CONTEMPLATED TRANSACTIONS AND ASK THE FIRM WITH WHICH THE SERIES INTENDS TO TRADE FOR DETAILS ABOUT THE TYPES OF REDRESS AVAILABLE IN BOTH THE SERIES’ LOCAL AND OTHER RELEVANT JURISDICTIONS. PURSUANT TO AN EXEMPTION FROM THE COMMODITY FUTURES TRADING COMMISSION (THE “COMMISSION”) IN CONNECTION WITH ACCOUNTS OF QUALIFIED ELIGIBLE PERSONS, THIS BROCHURE OR ACCOUNT DOCUMENT IS NOT REQUIRED TO BE, AND HAS NOT BEEN, FILED WITH THE COMMISSION. THE COMMODITY FUTURES TRADING COMMISSION DOES NOT PASS UPON THE MERITS OF PARTICIPATING IN A TRADING PROGRAM OR UPON THE ADEQUACY OR ACCURACY OF COMMODITY TRADING ADVISOR DISCLOSURE. CONSEQUENTLY, THE COMMODITY FUTURES TRADING COMMISSION HAS NOT REVIEWED OR APPROVED THIS TRADING PROGRAM OR THIS BROCHURE OR ACCOUNT DOCUMENT. [signature page follows] VIRTUS ALTERNATIVE SOLUTIONS TRUST VATS OFFSHORE FUND, LTD. By: /s/ Axx W. Pxxxxxx Xxxxxxx Name: Axx W. Pxxxxxx Xxxxxxx Title: Executive Vice President and Assistant President, Chief Financial Officer & Treasurer VIRTUS ALTERNATIVE INVESTMENT ADVISERS, INC. By: /s/ Fxxxx Fxxxxxx X. Xxxxxxx Name: Fxxxx Fxxxxxx X. Xxxxxxx Title: Executive Vice President ACCEPTED: FxxxxxxFORT, Xxxxxxx, Trees & Wxxxx, Inc. L.P. By: /s/ Rxxxx Xxxxxxx Cxxxxxxxxxx Xxxxxx Name: Rxxxx Xxxxxxx Cxxxxxxxxxx Xxxxxx Title: Chief Legal and Compliance Officer General Counsel SCHEDULES: A. Operational Procedures

Appears in 1 contract

Samples: Subadvisory Agreement (Virtus Opportunities Trust)

Time is Money Join Law Insider Premium to draft better contracts faster.