Common use of Brand Usage Clause in Contracts

Brand Usage. Main Street and the Sub-Adviser conduct their business under xxxx “Main Street” and the “Main Street” design (collectively, the “Brand”). In connection with the BDC’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, the BDC may state in such materials that investment advisory services are being provided by the Sub-Adviser to the BDC under the terms of this Agreement. Main Street and the Sub-Adviser hereby grant a non-exclusive, non-transferable, and non-sublicensable license to the BDC for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any manner, the BDC or the Adviser, as applicable, shall submit all proposed uses to the Sub-Adviser for prior written approval. The Adviser agrees to control the use of such Brand in accordance with the standards and policies as established between the Adviser and the Sub-Adviser. The Sub-Adviser reserves the right to terminate this license immediately upon written notice for any reason, including if the usage is not in compliance with the standards and policies. Notwithstanding the foregoing, the term of the license granted under this section shall be for the term of this Agreement only, including renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-Adviser. The BDC and the Adviser each agree that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDC’s use shall inure solely to the benefit of them. Without limiting the foregoing, this license shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be used.

Appears in 4 contracts

Samples: Investment Sub Advisory Agreement, Investment Sub Advisory Agreement (HMS Income Fund, Inc.), Investment Sub Advisory Agreement (HMS Income Fund, Inc.)

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Brand Usage. Main Street and the The Sub-Adviser conduct their conducts its investment advisory business under xxxx under, and owns all rights to, the trademark Main StreetKKR” and the “Main StreetKKR” design (collectively, the “Brand”). In connection with the BDCCompany’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, the BDC Company may state in such materials that investment advisory services are being provided by the Sub-Adviser to the BDC Company under the terms of this Agreement. Main Street and the The Sub-Adviser hereby grant grants a non-exclusive, non-transferable, and non-sublicensable license to the BDC Company for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any manner, the BDC Company or the Adviser, as applicable, shall submit all proposed uses to the Sub-Adviser for prior written approval. The Adviser agrees to control the use of such Brand in accordance with the standards and policies as established between the Adviser and the Sub-Adviser. The Sub-Adviser reserves the right to terminate this license immediately upon written notice for any reason, including if the usage is not in compliance with the standards and policies. Notwithstanding the foregoing, the term of the license granted under this section Section shall be for the term of this Agreement only, including renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-Adviser. The BDC Company and the Adviser each agree that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDCCompany’s use shall inure solely to the benefit of themthe Sub-Adviser. Without limiting the foregoing, this license shall have no effect on the BDCCompany’s ownership rights of the works within which the Brand shall be used.

Appears in 3 contracts

Samples: Investment Sub Advisory Agreement (Corporate Capital Trust II), Investment Sub Advisory Agreement (Corporate Capital Trust II), Investment Sub Advisory Agreement (Corporate Capital Trust, Inc.)

Brand Usage. Main Street The Adviser conducts its investment advisory business under, and owns all rights to, the Sub-Adviser conduct their business under xxxx trademark Main StreetFS/KKR Advisor” and the “Main StreetFS/KKR Advisor” design (collectively, the “Brand”). In connection with the BDCCorporation’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releasesinvestor communications, the BDC Corporation may state in such materials that investment advisory services are being provided by the Sub-Adviser to the BDC Corporation under the terms of this Agreement. Main Street and the Sub-The Adviser hereby grant grants a non-exclusive, non-transferable, and non-sublicensable and royalty-free license (the “License”) to the BDC Corporation for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any manner, the BDC or the Adviser, as applicable, Corporation shall submit all proposed uses to the Sub-Adviser for prior written approval. The Adviser agrees approval solely to control the extent the Corporation’s use of such the Brand in accordance with or any combination or derivation thereof has materially changed from the standards and policies as established between Corporation’s use of the Adviser and Brand previously approved by the Sub-Adviser. The Sub-Adviser reserves the right to terminate this license the License immediately upon written notice for any reason, including if the usage is not in compliance with the its standards and policies. Notwithstanding the foregoing, the term of the license License granted under this section Section 20 shall be for the term of this Agreement only, including renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-AdviserAgreement. The BDC and Corporation agrees that the Adviser each agree that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDCCorporation’s use shall inure solely to the benefit of themthe Adviser. Without limiting the foregoing, this license the License shall have no effect on the BDCCorporation’s ownership rights of the works within which the Brand shall be used.

Appears in 3 contracts

Samples: Investment Advisory and Administrative Services Agreement (FS Investment Corp IV), Investment Advisory and Administrative Services Agreement (FS Investment Corp III), Investment Advisory and Administrative Services Agreement (FS Investment Corp II)

Brand Usage. Main Street and the The Sub-Adviser conduct their Manager conducts its business under xxxx under, owns all rights to, and has proprietary interests in the names Main StreetLxxxxx Lxxxxxxxx,” “Lxxxxx Lxxxxxxxx Capital Partners,” and “Lxxxxx Lxxxxxxxx Strategic Capital” as well as the trademark “LL” and the “Main StreetLL” design (collectively, the “Brand”). In connection with the BDCCompany’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, the BDC Company may state in such materials that investment advisory Sub-Manager services are being provided by the Sub-Adviser to the BDC Company under the terms of this Agreement. Main Street and the The Sub-Adviser Manager hereby grant grants a non-exclusive, non-transferable, and non-sublicensable license to the BDC Manager and the Company for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any manner, the BDC or the Adviser, as applicable, shall submit all proposed uses to the Sub-Adviser for prior written approval. The Adviser Manager agrees to control the use of such Brand in accordance with the standards and policies as established between the Adviser Manager and the Sub-AdviserManager. The Sub-Adviser Manager reserves the right to terminate this license immediately upon written notice for any reason, including if the usage is not in compliance with the standards and policies. Notwithstanding the foregoing, the term of the license granted under this section Section shall be for the term of this Agreement only, including renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement or the investment sub-advisory relationship between the Adviser Manager and the Sub-AdviserManager. The BDC Company and the Adviser Manager each agree that Main Street and/or the Sub-Adviser Manager is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDCCompany’s use shall inure solely to the benefit of themthe Sub-Manager. Without limiting the foregoing, this license shall have no effect on the BDCCompany’s ownership rights of the works within which the Brand shall be used.

Appears in 2 contracts

Samples: Sub Management Agreement (CNL Strategic Capital, LLC), Sub Management Agreement (CNL Strategic Capital, LLC)

Brand Usage. Main Street and the The Sub-Adviser conduct their Advisor conducts its investment advisory business under xxxx under, and owns all rights to, the trademark Main StreetGuggenheim” and the “Main StreetGuggenheim” design (collectively, the “Brand”). In connection with the BDCCompany’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, the BDC Company may state in such materials that investment advisory services are being provided by the Sub-Adviser Advisor to the BDC Company under the terms of this Agreement. Main Street and the The Sub-Adviser Advisor hereby grant grants a non-exclusive, non-transferable, and non-sublicensable license to the BDC Company for the use of the Brand solely as permitted in the foregoing sentence. The Company agrees that the Sub-Advisor is the sole owner of the Brand and agrees not to challenge or contest the validity of, or the Sub-Advisor’s rights in the Brand (and the associated goodwill). Prior to using the Brand in any manner, the BDC Company or the AdviserAdvisor, as applicable, shall submit all proposed uses to the Sub-Adviser Advisor for prior written approval. The Adviser Advisor agrees to control the use of such Brand in accordance with the standards and policies as established between the Adviser Advisor and the Sub-AdviserAdvisor. The Sub-Adviser Advisor reserves the right to terminate this license immediately upon written notice for any reason, including if the usage is not in compliance with the standards and policies. Notwithstanding the foregoing, the term of the license granted under this section Section shall be for the term of this Agreement only, including renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement or the investment sub-advisory relationship between the Adviser Advisor and the Sub-AdviserAdvisor. The BDC Company and the Adviser Advisor each agree that Main Street and/or the Sub-Adviser Advisor is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDCCompany’s use shall inure solely to the benefit of themthe Sub-Advisor. Without limiting the foregoing, this license shall have no effect on the BDCCompany’s ownership rights of the works within which the Brand shall be used.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (Carey Credit Income Fund - I), Investment Sub Advisory Agreement (Carey Credit Income Fund 2015 T)

Brand Usage. Main Street and the The Sub-Adviser conduct their conducts its investment advisory business under xxxx “Main Street” under, and has the “Main Street” design right to use, the licensed trade name Benefit Street Partners L.L.C. and/or the licensed logo as set forth on Schedule A attached hereto (collectively, the “Brand”). In Upon the terms and subject to the conditions set forth in this Section 10, the Sub-Adviser hereby grants to the Adviser a revocable, non-exclusive, non-transferable and non-sublicensable (except as expressly provided herein) royalty-free limited license (the “License”) to use the Brand solely (i) in connection with the BDC’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, and (ii) for the BDC may Adviser or BDC, as applicable, to state in such materials that investment advisory services are being provided by the Sub-Adviser to the BDC under the terms of this Agreement. Main Street and the Sub-Adviser hereby grant a non-exclusive, non-transferable, and non-sublicensable license to the BDC for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any mannermanner (including for the uses described in clauses (i) and (ii) above), the BDC or the Adviser, as applicable, shall submit all proposed uses of the Brand to the Sub-Adviser for prior written approval. The Adviser agrees to (x) control the use of such the Brand in accordance with the standards and policies as established between the Adviser and the Sub-AdviserAdviser and (y) only use the Brand if it has received the prior written approval of the Sub-Adviser for such specific use. At no time shall the Adviser contest the validity of the Brand or use the Brand other than in accordance with this Agreement. The Sub-Adviser reserves the right to terminate this license the License immediately upon written notice for any reason, including including, without limitation, if any use of the usage Brand by the Adviser or the BDC is not in compliance with the standards and policiespolicies as established between the Adviser and the Sub-Adviser. Notwithstanding Unless terminated earlier by the foregoingSub-Adviser, the term of the license granted under this section License shall be for the term of this Agreement only, including any renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination or expiration of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-Adviser. The Adviser and BDC and the Adviser each agree that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the Adviser’s or BDC’s use of the Brand shall inure solely to the benefit of themthe Sub-Adviser. Without limiting the foregoing, this license the License shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be usedused in accordance with this Section 11. The Adviser may sublicense its rights under the License solely to the BDC; provided that any use of the Brand by the BDC shall be upon the same terms and conditions as contained herein and the Adviser shall remain liable for the BDC’s use of the Brand.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (Griffin-Benefit Street Partners BDC Corp.), Investment Sub Advisory Agreement (Griffin-Benefit Street Partners BDC Corp.)

Brand Usage. Main Street The Adviser conducts its investment advisory business under, and owns all rights to, the Sub-Adviser conduct their business under xxxx trademark Main StreetFS/KKR Advisor” and the “Main StreetFS/KKR Advisor” design (collectively, the “Brand”). In connection with the BDCCompany’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releasesinvestor communications, the BDC Company may state in such materials that investment advisory services are being provided by the Sub-Adviser to the BDC Company under the terms of this Agreement. Main Street and the Sub-The Adviser hereby grant grants a non-exclusive, non-transferable, and non-sublicensable and royalty-free license (the “License”) to the BDC Company for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any manner, the BDC or the Adviser, as applicable, Company shall submit all proposed uses to the Sub-Adviser for prior written approval. The Adviser agrees approval solely to control the extent the Company’s use of such the Brand in accordance with or any combination or derivation thereof has materially changed from the standards and policies as established between Company’s use of the Adviser and Brand previously approved by the Sub-Adviser. The Sub-Adviser reserves the right to terminate this license the License immediately upon written notice for any reason, including if the usage is not in compliance with the its standards and policies. Notwithstanding the foregoing, the term of the license License granted under this section Section 21 shall be for the term of this Agreement only, including renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-AdviserAgreement. The BDC and Company agrees that the Adviser each agree that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDCCompany’s use shall inure solely to the benefit of themthe Adviser. Without limiting the foregoing, this license the License shall have no effect on the BDCCompany’s ownership rights of the works within which the Brand shall be used.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Corporate Capital Trust II), Investment Advisory Agreement (Corporate Capital Trust, Inc.)

Brand Usage. Main Street and the The Sub-Adviser conduct their conducts its investment advisory business under xxxx “Main Street” under, and has the “Main Street” design right to use, the licensed trade name Evolv Capital Advisors, LLC and/or the licensed logo as set forth on Schedule A attached hereto (collectively, the “Brand”). In Upon the terms and subject to the conditions set forth in this Section 10, the Sub-Adviser hereby grants to the Adviser a revocable, non-exclusive, non-transferable and non-sublicensable (except as expressly provided herein) royalty-free limited license (the “License”) to use the Brand solely (i) in connection with the BDC’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, and (ii) for the BDC may Adviser or BDC, as applicable, to state in such materials that investment advisory services are being provided by the Sub-Adviser to the BDC under the terms of this Agreement. Main Street and the Sub-Adviser hereby grant a non-exclusive, non-transferable, and non-sublicensable license to the BDC for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any mannermanner (including for the uses described in clauses (i) and (ii) above), the BDC or the Adviser, as applicable, shall submit all proposed uses of the Brand to the Sub-Adviser for prior written approval. The Adviser agrees to (x) control the use of such the Brand in accordance with the standards and policies as established between the Adviser and the Sub-AdviserAdviser and (y) only use the Brand if it has received the prior written approval of the Sub-Adviser for such specific use. At no time shall the Adviser contest the validity of the Brand or use the Brand other than in accordance with this Agreement. The Sub-Adviser reserves the right to terminate this license the License immediately upon written notice for any reason, including including, without limitation, if any use of the usage Brand by the Adviser or the BDC is not in compliance with the standards and policiespolicies as established between the Adviser and the Sub-Adviser. Notwithstanding Unless terminated earlier by the foregoingSub-Adviser, the term of the license granted under this section License shall be for the term of this Agreement only, including any renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination or expiration of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-Adviser. The Adviser and BDC and the Adviser each agree that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the Adviser’s or BDC’s use of the Brand shall inure solely to the benefit of themthe Sub-Adviser. Without limiting the foregoing, this license the License shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be usedused in accordance with this Section 11. The Adviser may sublicense its rights under the License solely to the BDC; provided that any use of the Brand by the BDC shall be upon the same terms and conditions as contained herein and the Adviser shall remain liable for the BDC’s use of the Brand.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Hancock Park Corporate Income, Inc.)

Brand Usage. Main Street and the The Sub-Adviser conduct their conducts its investment advisory business under xxxx “Main Street” under, and has the “Main Street” design right to use, the licensed trade name BlackRock Capital Investment Advisors, LLC (collectively, the “Brand”). In Upon the terms and subject to the conditions set forth in this Section 19, the Sub-Adviser hereby grants to the Investment Manager and the Fund an irrevocable, non-exclusive, non-transferable and non-sublicensable (except as expressly provided herein) royalty-free limited license (the “License”) to use the Brand in connection with the BDCFund’s (ai) public filings; (bii) requests for information from state and federal regulators; (ciii) offering materials and advertising materials; and (div) press releases. All sales and other marketing and communications materials referring to or containing information regarding the Sub-Adviser, other than the BDC may state in such materials that investment advisory services are being provided by name of the Sub-Adviser or the appointment of the Sub-Adviser as a sub-adviser to the BDC under Fund, shall be subject to the terms review and approval of this Agreement. Main Street the Sub-Adviser, which approval shall not be unreasonably withheld, and the Sub-Adviser hereby grant a non-exclusiveagrees to use commercially reasonable efforts to review all such material promptly, non-transferable, and non-sublicensable license to but no later than ten days of their receipt thereof. At no time shall the BDC for Investment Manager contest the use validity of the Brand solely as permitted in the foregoing sentence. Prior to using or use the Brand in any manner, the BDC or the Adviser, as applicable, shall submit all proposed uses to the Sub-Adviser for prior written approval. The Adviser agrees to control the use of such Brand other than in accordance with the standards and policies as established between the Adviser and the Sub-Adviserthis Agreement. The Sub-Adviser reserves the right to terminate this license immediately upon written notice for any reason, including if the usage is not in compliance with the standards and policies. Notwithstanding the foregoing, the term of the license granted under this section License shall be for the term of this Agreement only, including any renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination or expiration of this Agreement or the investment sub-advisory relationship between the Adviser Investment Manager and the Sub-AdviserFund; provided that, notwithstanding the foregoing, the Fund will be permitted to use the Brand after such termination only to the extent required in SEC or other regulatory filings. The BDC Investment Manager and the Adviser each Fund agree that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDCInvestment Manager’s or the Fund’s use of the Brand shall inure solely to the benefit of themthe Sub-Adviser. Without limiting the foregoing, this license the License shall have no effect on the BDCFund’s ownership rights of the works within which the Brand shall be usedused in accordance with this Section 19. During the term of this Agreement, the Sub-Adviser may use the Investment Manager’s or the Fund’s name in materials which merely refer in accurate terms to the appointment of the Sub-Adviser hereunder or which are required by a regulatory body, law, regulation, court order or other similar request or demand or as otherwise permitted pursuant to this Agreement. During the term of this Agreement, the Investment Manager may use the Sub-Adviser’s name in materials which merely refer in accurate terms to the appointment of the Sub-Adviser hereunder or which are required by a regulatory body, law, regulation, court order or other similar request or demand or as otherwise permitted pursuant to this Agreement.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Cliffwater Corporate Lending Fund)

Brand Usage. Main Street The Adviser conducts its investment advisory business under, and owns all rights to, the Sub-Adviser conduct their business under xxxx trademark Main StreetFS/KKR Advisor” and the “Main StreetFS/KKR Advisor” design (collectively, the “Brand”). In connection with the BDCCompany’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releasesinvestor communications, the BDC Company may state in such materials that investment advisory services are being provided by the Sub-Adviser to the BDC Company under the terms of this Agreement. Main Street and the Sub-The Adviser hereby grant grants a non-exclusive, non-transferable, and non-sublicensable and royalty-free license (the “License”) to the BDC Company for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any manner, the BDC or the Adviser, as applicable, Company shall submit all proposed uses to the Sub-Adviser for prior written approval. The Adviser agrees approval solely to control the extent the Company’s use of such the Brand in accordance with or any combination or derivation thereof has materially changed from the standards and policies as established between Company’s use of the Adviser and Brand previously approved by the Sub-Adviser. The Sub-Adviser reserves the right to terminate this license the License immediately upon written notice for any reason, including if the usage is not in compliance with the its standards and policies. Notwithstanding the foregoing, the term of the license License granted under this section Section 19 shall be for the term of this Agreement only, including renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-AdviserAgreement. The BDC and Company agrees that the Adviser each agree that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDCCompany’s use shall inure solely to the benefit of themthe Adviser. Without limiting the foregoing, this license the License shall have no effect on the BDCCompany’s ownership rights of the works within which the Brand shall be used.. [Remainder of page left intentionally blank]

Appears in 1 contract

Samples: Investment Advisory Agreement

Brand Usage. Main Street and the The Sub-Adviser conduct their conducts its investment advisory business under xxxx “Main Street” under, and has the “Main Street” design right to use, the licensed trade name BCSF Advisors, LP and/or the licensed logo as set forth on Schedule A attached hereto (collectively, the “Brand”). In Upon the terms and subject to the conditions set forth in this Section 10, the Sub-Adviser hereby grants to the Adviser a revocable, non-exclusive, non-transferable and non-sublicensable (except as expressly provided herein) royalty-free limited license (the “License”) to use the Brand solely (i) in connection with the BDC’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, and (ii) for the BDC may Adviser or BDC, as applicable, to state in such materials that investment advisory services are being provided by the Sub-Adviser to the BDC under the terms of this Agreement. Main Street and the Sub-Adviser hereby grant a non-exclusive, non-transferable, and non-sublicensable license to the BDC for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any mannermanner (including for the uses described in clauses (i) and (ii) above), the BDC or the Adviser, as applicable, shall submit all proposed uses of the Brand to the Sub-Adviser for prior written approval. The Adviser agrees to (x) control the use of such the Brand in accordance with the standards and policies as established between the Adviser and the Sub-AdviserAdviser and (y) only use the Brand if it has received the prior written approval of the Sub-Adviser for such specific use. At no time shall the Adviser contest the validity of the Brand or use the Brand other than in accordance with this Agreement. The Sub-Adviser reserves the right to terminate this license the License immediately upon written notice for any reason, including including, without limitation, if any use of the usage Brand by the Adviser or the BDC is not in compliance with the standards and policiespolicies as established between the Adviser and the Sub-Adviser. Notwithstanding Unless terminated earlier by the foregoingSub-Adviser, the term of the license granted under this section License shall be for the term of this Agreement only, including any renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination or expiration of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-Adviser. The Adviser and BDC and the Adviser each agree that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the Adviser’s or BDC’s use of the Brand shall inure solely to the benefit of themthe Sub-Adviser. Without limiting the foregoing, this license the License shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be usedused in accordance with this Section 11. The Adviser may sublicense its rights under the License solely to the BDC; provided that any use of the Brand by the BDC shall be upon the same terms and conditions as contained herein and the Adviser shall remain liable for the BDC’s use of the Brand.

Appears in 1 contract

Samples: Interim Investment Sub Advisory Agreement (Griffin-Benefit Street Partners BDC Corp.)

Brand Usage. Main Street and the The Sub-Adviser conduct their SubAdviser conducts its investment advisory business under xxxx “Main Street” under, and has the “Main Street” design right to use, the licensed trade names Apollo Global Management, LLC and Apollo Credit Management, LLC and/or the licensed logo as set forth on Schedule A attached hereto (collectively, the “Brand”). In Upon the terms and subject to the conditions set forth in this Section 13, the Sub-SubAdviser hereby grants to the SubAdviser and the Adviser a revocable, non-exclusive, non-transferable and non-sublicensable (except as expressly provided herein) royalty-free limited license (the “License”) to use the Brand solely (i) in connection with the BDCFund’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, and (ii) for the BDC may Adviser, the SubAdviser or the Fund, as applicable, to state in such materials that discretionary investment advisory services are being provided by the Sub-Adviser SubAdviser to the BDC Fund under the terms of this Agreement. Main Street and the Sub-Adviser hereby grant a non-exclusive, non-transferable, and non-sublicensable license to the BDC for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any manner, the BDC Fund, the Adviser or the AdviserSubAdviser, as applicable, shall submit all proposed uses of the Brand to the Sub-SubAdviser. In the case of marketing or advertising materials, the Fund, the Adviser for or the SubAdviser, as applicable, shall not use the Brand without the prior written approvalapproval of the Sub-SubAdviser (it being understood that no such prior written approval is required for use of the Brand in SEC or other regulatory filings; provided that the Fund, the Adviser and the Sub-Adviser will adhere to the provisos in the second paragraph of Section 2(h)(ii)). The Adviser agrees and the SubAdviser agree to (x) control the use of such the Brand in accordance with the standards and policies as established between the Adviser, the SubAdviser and the Sub-SubAdviser and (y) only use the Brand if it has received the prior written approval of the Sub-SubAdviser for such specific use. At no time shall the Adviser or the SubAdviser contest the validity of the Brand or use the Brand other than in accordance with this Agreement. The Sub-SubAdviser reserves the right to terminate the License immediately upon written notice for any reason, including, without limitation, if any use of the Brand by the Adviser, the SubAdviser or the Fund is not in compliance with the standards and policies as established between the Adviser and the Sub-AdviserSubAdviser. The Unless terminated earlier by the Sub-Adviser reserves the right to terminate this license immediately upon written notice for any reason, including if the usage is not in compliance with the standards and policies. Notwithstanding the foregoingSubAdviser, the term of the license granted under this section License shall be for the term of this Agreement only, including any renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination or expiration of this Agreement or the investment sub-advisory relationship between the Adviser SubAdviser and the Sub-AdviserSubAdviser; provided that, notwithstanding the foregoing, the Fund will be permitted to use the Brand after such termination only to the extent required in SEC or other regulatory filings. The BDC Adviser and the Adviser each SubAdviser agree that Main Street and/or the Sub-Adviser SubAdviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDCAdviser’s or the SubAdviser’s use of the Brand shall inure solely to the benefit of themthe Sub-SubAdviser. Without limiting the foregoing, this license the License shall have no effect on the BDCFund’s ownership rights of the works within which the Brand shall be usedused in accordance with this Section 13. The Adviser and SubAdviser may sublicense its rights under the License solely to the Fund; provided that any use of the Brand by the Fund shall be upon the same terms and conditions as contained herein and the Adviser and the SubAdviser shall remain liable for the Fund’s use of the Brand.

Appears in 1 contract

Samples: Sub Subadvisory Agreement (Oppenheimer Global Strategic Income Fund)

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Brand Usage. Main Street and the The Sub-Adviser conduct their Manager conducts its business under xxxx under, owns all rights to, and has proprietary interests in the names Main StreetXxxxxx Xxxxxxxxx,” “Xxxxxx Xxxxxxxxx Capital Partners,” and “Xxxxxx Xxxxxxxxx Strategic Capital” as well as the trademark “LL” and the “Main StreetLL” design (collectively, the “Brand”). In connection with the BDCCompany’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, the BDC Company may state in such materials that investment advisory Sub-Manager services are being provided by the Sub-Adviser to the BDC Company under the terms of this Agreement. Main Street and the The Sub-Adviser Manager hereby grant grants a non-exclusive, non-transferable, and non-sublicensable license to the BDC Manager and the Company for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any manner, the BDC or the Adviser, as applicable, shall submit all proposed uses to the Sub-Adviser for prior written approval. The Adviser Manager agrees to control the use of such Brand in accordance with the standards and policies as established between the Adviser Manager and the Sub-AdviserManager. The Sub-Adviser Manager reserves the right to terminate this license immediately upon written notice for any reason, including if the usage is not in compliance with the standards and policies. Notwithstanding the foregoing, the term of the license granted under this section Section shall be for the term of this Agreement only, including renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement or the investment sub-advisory relationship between the Adviser Manager and the Sub-AdviserManager. The BDC Company and the Adviser Manager each agree that Main Street and/or the Sub-Adviser Manager is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDCCompany’s use shall inure solely to the benefit of themthe Sub-Manager. Without limiting the foregoing, this license shall have no effect on the BDCCompany’s ownership rights of the works within which the Brand shall be used.

Appears in 1 contract

Samples: Sub Management Agreement

Brand Usage. Main Street and the The Sub-Adviser conduct their conducts its investment advisory business under xxxx “Main Street” under, and has the “Main Street” design right to use, the licensed trade name Apollo Global Management, LLC and/or the licensed logo as set forth on Schedule A attached hereto (collectively, the “Brand”). In Upon the terms and subject to the conditions set forth in this Section 10, the Sub-Adviser hereby grants to the Adviser a revocable, non-exclusive, non-transferable and non-sublicensable (except as expressly provided herein) royalty-free limited license (the “License”) to use the Brand solely (i) in connection with the BDC’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, and (ii) for the BDC may Adviser or BDC, as applicable, to state in such materials that investment advisory services are being provided by the Sub-Adviser to the BDC under the terms of this Agreement. Main Street and the Sub-Adviser hereby grant a non-exclusive, non-transferable, and non-sublicensable license to the BDC for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any manner, the BDC or the Adviser, as applicable, shall submit all proposed uses of the Brand to the Sub-Adviser for prior written approval. The Adviser agrees to (x) control the use of such the Brand in accordance with the standards and policies as established between the Adviser and the Sub-AdviserAdviser and (y) only use the Brand if it has received the prior written approval of the Sub-Adviser for such specific use. At no time shall the Adviser contest the validity of the Brand or use the Brand other than in accordance with this Agreement. The Sub-Adviser reserves the right to terminate this license the License immediately upon written notice for any reason, including including, without limitation, if any use of the usage Brand by the Adviser or the BDC is not in compliance with the standards and policiespolicies as established between the Adviser and the Sub-Adviser. Notwithstanding Unless terminated earlier by the foregoingSub-Adviser, the term of the license granted under this section License shall be for the term of this Agreement only, including any renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination or expiration of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-Adviser. The BDC and the Adviser each agree agrees that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDCAdviser’s use of the Brand shall inure solely to the benefit of themthe Sub-Adviser. Without limiting the foregoing, this license the License shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be usedused in accordance with this Section 11. The Adviser may sublicense its rights under the License solely to the BDC; provided that any use of the Brand by the BDC shall be upon the same terms and conditions as contained herein and the Adviser shall remain liable for the BDC’s use of the Brand.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (CION Investment Corp)

Brand Usage. Main Street and the The Sub-Adviser conduct their conducts its investment advisory business under xxxx under, and owns all rights to, the trademark Main StreetXXXX Group, LLC” and the “Main StreetXXXX Group” design (collectively, the “Brand”). In connection with the BDC’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, the BDC may may, subject to the terms and conditions of this Section 11, use the Brand or otherwise state in such materials that investment advisory services are being provided by the Sub-Adviser to the BDC under the terms of this Agreement. Main Street and the The Sub-Adviser hereby grant grants a non-exclusive, non-transferable, and non-sublicensable license to the BDC for the use of the Brand solely as permitted in the foregoing sentence. Prior Notwithstanding anything to the contrary contained herein, prior to using the Brand in any mannermanner or otherwise refer, directly or indirectly, to the Sub-Advisor, the BDC or the Adviser, as applicable, shall submit all such proposed uses or language to the Sub-Adviser for prior written approval. The Adviser agrees and the BDC agree to control the use of such Brand in accordance with the standards and policies as established between the Adviser and the Sub-AdviserAdviser pursuant to the terms of this Agreement and shall only use the Brand or otherwise refer, directly or indirectly, to the Sub-Advisor if they have received the prior written approval of the Sub-Adviser for such specific use. At no time shall the Adviser contest the validity of the Brand or use the Brand other than in accordance with this Agreement. The Sub-Adviser reserves the right to terminate this license immediately upon written notice for any reason, including including, without limitation, if any use of the usage Brand by the Adviser or the BDC is not in compliance with the standards and policiespolicies as established between the Adviser and the Sub-Adviser. Notwithstanding Unless terminated earlier by the foregoingSub-Adviser, the term of the license granted under this section Section shall be for the term of this Agreement only, including any renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-AdviserBDC. The BDC and the Adviser each agree that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the Adviser’s or the BDC’s use of the Brand shall inure solely to the benefit of themthe Sub-Adviser. Without limiting the foregoing, this license shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be used.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Triton Pacific Investment Corporation, Inc.)

Brand Usage. Main Street and the The Sub-Adviser conduct their conducts its investment advisory business under xxxx “Main Street” under, and has the “Main Street” design right to use, the licensed trade name Txxxxxxxxx Capital Partners LLC (collectively, the “Brand”). In Upon the terms and subject to the conditions set forth in this Section 19, the Sub-Adviser hereby grants to the Investment Manager and the Fund an irrevocable, non-exclusive, non-transferable and non-sublicensable (except as expressly provided herein) royalty-free limited license (the “License”) to use the Brand in connection with the BDCFund’s (ai) public filings; (bii) requests for information from state and federal regulators; (ciii) offering materials and advertising materials; and (div) press releases. All sales and other marketing and communications materials referring to or containing information regarding the Sub-Adviser, other than the BDC may state in such materials that investment advisory services are being provided by name of the Sub-Adviser or the appointment of the Sub-Adviser as a sub-adviser to the BDC under Fund, shall be subject to the terms review and approval of this Agreement. Main Street the Sub-Adviser, which approval shall not be unreasonably withheld, and the Sub-Adviser hereby grant a non-exclusiveagrees to use commercially reasonable efforts to review all such material promptly, non-transferable, and non-sublicensable license to but no later than ten days of their receipt thereof. At no time shall the BDC for Investment Manager contest the use validity of the Brand solely as permitted in the foregoing sentence. Prior to using or use the Brand in any manner, the BDC or the Adviser, as applicable, shall submit all proposed uses to the Sub-Adviser for prior written approval. The Adviser agrees to control the use of such Brand other than in accordance with the standards and policies as established between the Adviser and the Sub-Adviserthis Agreement. The Sub-Adviser reserves the right to terminate this license immediately upon written notice for any reason, including if the usage is not in compliance with the standards and policies. Notwithstanding the foregoing, the term of the license granted under this section License shall be for the term of this Agreement only, including any renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination or expiration of this Agreement or the investment sub-advisory relationship between the Adviser Investment Manager and the Sub-AdviserFund; provided that, notwithstanding the foregoing, the Fund will be permitted to use the Brand after such termination only to the extent required in SEC or other regulatory filings. The BDC Investment Manager and the Adviser each Fund agree that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDCInvestment Manager’s or the Fund’s use of the Brand shall inure solely to the benefit of themthe Sub-Adviser. Without limiting the foregoing, this license the License shall have no effect on the BDCFund’s ownership rights of the works within which the Brand shall be usedused in accordance with this Section 19. During the term of this Agreement, the Sub-Adviser may use the Investment Manager’s or the Fund’s name in materials which merely refer in accurate terms to the appointment of the Sub-Adviser hereunder or which are required by a regulatory body, law, regulation, court order or other similar request or demand or as otherwise permitted pursuant to this Agreement. During the term of this Agreement, the Investment Manager may use the Sub-Adviser’s name in materials which merely refer in accurate terms to the appointment of the Sub-Adviser hereunder or which are required by a regulatory body, law, regulation, court order or other similar request or demand or as otherwise permitted pursuant to this Agreement.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Cliffwater Corporate Lending Fund)

Brand Usage. Main Street and the The Sub-Adviser conduct their conducts its business under xxxx “Main Street” and the “Main Street” design (collectively, the “Brand”). In connection with the BDC’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, the BDC may state in such materials that investment advisory services are being provided by the Sub-Adviser to the BDC under the terms of this Agreement. Main Street and the The Sub-Adviser hereby grant grants a non-exclusive, non-transferable, and non-sublicensable license to the BDC for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any manner, the BDC or the Adviser, as applicable, shall submit all proposed uses to the Sub-Adviser for prior written approval. The Adviser agrees to control the use of such Brand in accordance with the standards and policies as established between the Adviser and the Sub-Adviser. The Sub-Adviser reserves the right to terminate this license immediately upon written notice for any reason, including if the usage is not in compliance with the standards and policies. Notwithstanding the foregoing, the term of the license granted under this section shall be for the term of this Agreement only, including renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-Adviser. The BDC and the Adviser each agree that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDC’s use shall inure solely to the benefit of themthe Sub-Adviser. Without limiting the foregoing, this license shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be used.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (HMS Income Fund, Inc.)

Brand Usage. Main Street and the The Sub-Adviser conduct their conducts its investment advisory business under xxxx under, and owns all rights to, the trademark Main StreetSound Point Capital” and the “Main StreetSound Point Capital” design (collectively, the “Brand”). In connection with the BDC’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, the BDC may state in such materials that investment advisory services are being provided by the Sub-Adviser to the BDC under the terms of this Agreement. Main Street and the The Sub-Adviser hereby grant grants a non-exclusive, non-transferable, and non-sublicensable license to the BDC for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any manner, the BDC or the Adviser, as applicable, shall submit all proposed uses to the Sub-Adviser for prior written approval. The Adviser agrees to control the use of such Brand in accordance with the standards and policies as established between the Adviser and the Sub-Adviser. The Sub-Adviser reserves the right to terminate this license immediately upon written notice for any reason, including if the usage is not in compliance with the standards and policies. Notwithstanding the foregoing, the term of the license granted under this section Section shall be for the term of this Agreement only, including renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-Adviser. The BDC and the Adviser each agree that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDC’s use shall inure solely to the benefit of themthe Sub-Adviser. Without limiting the foregoing, this license shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be used.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Triton Pacific Investment Corporation, Inc.)

Brand Usage. Main Street and the The Sub-Adviser conduct their conducts its investment advisory business under xxxx under, and has the right to use, the trademark[s] and/or service mxxx[s] Main Street[▪][and the “Main Street[▪]design design] (collectively, the “Brand”). In Upon the terms and subject to the conditions set forth in this Section 10, the Sub-Adviser hereby grants to the Adviser a revocable, non-exclusive, non-transferable and non-sublicensable (except as expressly provided herein) royalty-free limited license (the “License”) to use the Brand solely (i) in connection with the BDC’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, and (ii) for the BDC may Adviser or BDC, as applicable, to state in such materials that investment advisory services are being provided by the Sub-Adviser to the BDC under the terms of this Agreement. Main Street and the Sub-Adviser hereby grant a non-exclusive, non-transferable, and non-sublicensable license to the BDC for the use of the Brand solely as permitted in the foregoing sentence. Prior to using the Brand in any manner, the BDC or the Adviser, as applicable, shall submit all proposed uses of the Brand to the Sub-Adviser for prior written approval. The Adviser agrees to (x) control the use of such the Brand in accordance with the standards and policies as established between the Adviser and the Sub-AdviserAdviser and (y) only use the Brand if it has received the prior written approval of the Sub-Adviser for such specific use. At no time shall the Adviser contest the validity of the Brand or use the Brand other than in accordance with this Agreement. The Sub-Adviser reserves the right to terminate this license the License immediately upon written notice for any reason, including including, without limitation, if any use of the usage Brand by the Adviser or the BDC is not in compliance with the standards and policiespolicies as established between the Adviser and the Sub-Adviser. Notwithstanding Unless terminated earlier by the foregoingSub-Adviser, the term of the license granted under this section License shall be for the term of this Agreement only, including any renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination or expiration of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-Adviser. The BDC and the Adviser each agree agrees that Main Street and/or the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the BDCAdviser’s use of the Brand shall inure solely to the benefit of themthe Sub-Adviser. Without limiting the foregoing, this license the License shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be usedused in accordance with this Section 11. The Adviser may sublicense its rights under the License solely to the BDC; provided that any use of the Brand by the BDC shall be upon the same terms and conditions as contained herein and the Adviser shall remain liable for the BDC’s use of the Brand.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (CION Investment Corp)

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