Common use of Brand Usage Clause in Contracts

Brand Usage. The Sub-Adviser conducts its investment advisory business under, and has the 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”). 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 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. Prior to using the Brand in any manner (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 the Brand in accordance with the standards and policies as established between the Adviser and the Sub-Adviser 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 the License immediately upon written notice for any reason, including, without limitation, if any use of the Brand by the Adviser or the BDC is not in compliance with the standards and policies as established between the Adviser and the Sub-Adviser. Unless terminated earlier by the Sub-Adviser, the term of the 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 agree that 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 the Sub-Adviser. Without limiting the foregoing, the License shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be used 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.)

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Brand Usage. The Sub-Adviser Advisor conducts its investment advisory business under, and has the right to useowns all rights to, the licensed trade name Benefit Street Partners L.L.C. and/or trademark “Guggenheim” and the licensed logo as set forth on Schedule A attached hereto “Guggenheim” design (collectively, the “Brand”). 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 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, and (ii) for the Adviser or BDC, as applicable, to 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. The Sub-Advisor hereby grants a non-exclusive, non-transferable, and non-sublicensable license to the 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 (including for the uses described in clauses (i) and (ii) above)manner, the BDC Company or the AdviserAdvisor, as applicable, shall submit all proposed uses of the Brand to the Sub-Adviser Advisor for prior written approval. The Adviser Advisor agrees to (x) control the use of the such Brand in accordance with the standards and policies as established between the Adviser Advisor and the Sub-Adviser 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 AgreementAdvisor. The Sub-Adviser Advisor reserves the right to terminate the License this license immediately upon written notice for any reason, including, without limitation, including if any use of the Brand by the Adviser or the BDC usage is not in compliance with the standards and policies as established between policies. Notwithstanding the Adviser and the Sub-Adviser. Unless terminated earlier by the Sub-Adviserforegoing, the term of the License license granted under this 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 or expiration of this Agreement or the investment sub-advisory relationship between the Adviser Advisor and the Sub-AdviserAdvisor. The Adviser Company and BDC the Advisor each agree that the Sub-Adviser Advisor is the sole owner of the Brand, and any and all goodwill in the Brand arising from the Adviser’s or BDCCompany’s use of the Brand shall inure solely to the benefit of the Sub-AdviserAdvisor. Without limiting the foregoing, the License this license shall have no effect on the BDCCompany’s ownership rights of the works within which the Brand shall be used 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 Brandused.

Appears in 2 contracts

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

Brand Usage. The Sub-Adviser conducts its investment advisory business under, and has the right to use, the licensed trade name Benefit Street Txxxxxxxxx Capital Partners L.L.C. and/or the licensed logo as set forth on Schedule A attached hereto LLC (collectively, the “Brand”). Upon the terms and subject to the conditions set forth in this Section 1019, the Sub-Adviser hereby grants to the Adviser a revocableInvestment 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 solely (i) 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, and (ii) for other than the Adviser or BDC, as applicable, to state in such materials that investment advisory services are being provided by name of the Sub-Adviser to the BDC under the terms of this Agreement. Prior to using the Brand in any manner (including for the uses described in clauses (i) and (ii) above), the BDC or the Adviser, as applicable, shall submit all proposed uses appointment of the Brand to the Sub-Adviser for prior written approval. The Adviser agrees as a sub-adviser to (x) control the use Fund, shall be subject to the review and approval of the Brand in accordance with the standards and policies as established between the Adviser Sub-Adviser, which approval shall not be unreasonably withheld, and the Sub-Adviser and (y) only agrees to use the Brand if it has received the prior written approval commercially reasonable efforts to review all such material promptly, but no later than ten days of the Sub-Adviser for such specific usetheir receipt thereof. At no time shall the Adviser Investment Manager 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 the License immediately upon written notice for any reason, including, without limitation, if any use of the Brand by the Adviser or the BDC is not in compliance with the standards and policies as established between the Adviser and the Sub-Adviser. Unless terminated earlier by the Sub-Adviser, the term of the 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 Adviser Investment Manager and BDC the Fund agree that the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the AdviserInvestment Manager’s or BDCthe Fund’s use of the Brand shall inure solely to the benefit of the Sub-Adviser. Without limiting the foregoing, the License shall have no effect on the BDCFund’s ownership rights of the works within which the Brand shall be used in accordance with this Section 1119. The During the term of this Agreement, the Sub-Adviser may sublicense its rights under use the License solely Investment Manager’s or the Fund’s name in materials which merely refer in accurate terms to the BDC; provided that any use appointment of the Brand 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 BDC shall be upon term of this Agreement, the same Investment Manager may use the Sub-Adviser’s name in materials which merely refer in accurate terms and conditions as contained herein and to the Adviser shall remain liable for the BDC’s use appointment of the BrandSub-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. The Sub-Adviser conducts its investment advisory business under, and has the right to use, the licensed trade name Benefit Street Partners L.L.C. BCSF Advisors, LP and/or the licensed logo as set forth on Schedule A attached hereto (collectively, the “Brand”). 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 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. Prior to using the Brand in any manner (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 the Brand in accordance with the standards and policies as established between the Adviser and the Sub-Adviser 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 the License immediately upon written notice for any reason, including, without limitation, if any use of the Brand by the Adviser or the BDC is not in compliance with the standards and policies as established between the Adviser and the Sub-Adviser. Unless terminated earlier by the Sub-Adviser, the term of the 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 agree that 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 the Sub-Adviser. Without limiting the foregoing, the License shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be used 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. The Sub-Adviser conducts its investment advisory business under, and has the right to useowns all rights to, the licensed trade name Benefit Street Partners L.L.C. and/or trademark “Sound Point Capital” and the licensed logo as set forth on Schedule A attached hereto “Sound Point Capital” design (collectively, the “Brand”). 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 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 Adviser or BDC, as applicable, to 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. The Sub-Adviser hereby 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 (including for the uses described in clauses (i) and (ii) above)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 the such Brand in accordance with the standards and policies as established between the Adviser and the Sub-Adviser 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 AgreementAdviser. The Sub-Adviser reserves the right to terminate the License this license immediately upon written notice for any reason, including, without limitation, including if any use of the Brand by the Adviser or the BDC usage is not in compliance with the standards and policies as established between policies. Notwithstanding the Adviser and the Sub-Adviser. Unless terminated earlier by the Sub-Adviserforegoing, the term of the License license granted under this 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 or expiration of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-Adviser. The BDC and the Adviser and BDC each agree that 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 the Sub-Adviser. Without limiting the foregoing, the License this license shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be used 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 Brandused.

Appears in 1 contract

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

Brand Usage. The Sub-Adviser conducts its investment advisory business under, under xxxx “Main Street” and has the 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 “Main Street” design (collectively, the “Brand”). 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 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 Adviser or BDC, as applicable, to 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. The Sub-Adviser hereby 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 (including for the uses described in clauses (i) and (ii) above)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 the such Brand in accordance with the standards and policies as established between the Adviser and the Sub-Adviser 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 AgreementAdviser. The Sub-Adviser reserves the right to terminate the License this license immediately upon written notice for any reason, including, without limitation, including if any use of the Brand by the Adviser or the BDC usage is not in compliance with the standards and policies as established between policies. Notwithstanding the Adviser and the Sub-Adviser. Unless terminated earlier by the Sub-Adviserforegoing, the term of the License license granted under this 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 or expiration of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-Adviser. The BDC and the Adviser and BDC each agree that 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 the Sub-Adviser. Without limiting the foregoing, the License this license shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be used 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 Brandused.

Appears in 1 contract

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

Brand Usage. The Sub-Adviser conducts its investment advisory business under, and has the right to useowns all rights to, the licensed trade name Benefit Street Partners L.L.C. and/or trademark “XXXX Group, LLC” and the licensed logo as set forth on Schedule A attached hereto “XXXX Group” design (collectively, the “Brand”). 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 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, subject to the terms and (ii) for conditions of this Section 11, use the Adviser Brand or BDC, as applicable, to 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. Prior The Sub-Adviser hereby 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. Notwithstanding anything to the contrary contained herein, prior to using the Brand in any manner (including for or otherwise refer, directly or indirectly, to the uses described in clauses (i) and (ii) above)Sub-Advisor, the BDC or the Adviser, as applicable, shall submit all such proposed uses of the Brand or language to the Sub-Adviser for prior written approval. The Adviser agrees and the BDC agree to (x) control the use of the such Brand in accordance with the standards and policies as established between the Adviser and the Sub-Adviser pursuant to the terms of this Agreement and (y) shall only use the Brand or otherwise refer, directly or indirectly, to the Sub-Advisor if it has 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 the License this license immediately upon written notice for any reason, including, without limitation, if any use of the Brand by the Adviser or the BDC is not in compliance with the standards and policies as established between the Adviser and the Sub-Adviser. Unless terminated earlier by the Sub-Adviser, the term of the License license granted under this 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 or expiration of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-AdviserBDC. The BDC and the Adviser and BDC agree that 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 the Sub-Adviser. Without limiting the foregoing, the License this license shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be used 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 Brandused.

Appears in 1 contract

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

Brand Usage. The Sub-Adviser conducts its investment advisory business under, and has the right to use, the licensed trade name Benefit Street Partners L.L.C. Apollo Global Management, LLC and/or the licensed logo as set forth on Schedule A attached hereto (collectively, the “Brand”). 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 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. Prior to using the Brand in any manner (including for the uses described in clauses (i) and (ii) above)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 the Brand in accordance with the standards and policies as established between the Adviser and the Sub-Adviser 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 the License immediately upon written notice for any reason, including, without limitation, if any use of the Brand by the Adviser or the BDC is not in compliance with the standards and policies as established between the Adviser and the Sub-Adviser. Unless terminated earlier by the Sub-Adviser, the term of the 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 agree agrees that 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 the Sub-Adviser. Without limiting the foregoing, the License shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be used 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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Brand Usage. The Sub-Adviser SubAdviser conducts its investment advisory business under, and has the right to use, the licensed trade name Benefit Street Partners L.L.C. 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”). Upon the terms and subject to the conditions set forth in this Section 1013, the Sub-Adviser 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 Adviser Adviser, the SubAdviser or BDCthe 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. Prior to using the Brand in any manner (including for the uses described in clauses (i) and (ii) above)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 the Brand in accordance with the standards and policies as established between the Adviser Adviser, the SubAdviser and the Sub-Adviser SubAdviser and (y) only use the Brand if it has received the prior written approval of the Sub-Adviser 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-Adviser 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 Adviser, the SubAdviser or the BDC Fund is not in compliance with the standards and policies as established between the Adviser and the Sub-AdviserSubAdviser. Unless terminated earlier by the Sub-AdviserSubAdviser, the term of the 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 Adviser and BDC the SubAdviser agree that the Sub-Adviser SubAdviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the Adviser’s or BDCthe SubAdviser’s use of the Brand shall inure solely to the benefit of the Sub-AdviserSubAdviser. Without limiting the foregoing, the License shall have no effect on the BDCFund’s ownership rights of the works within which the Brand shall be used in accordance with this Section 1113. The Adviser and SubAdviser may sublicense its rights under the License solely to the BDCFund; provided that any use of the Brand by the BDC Fund shall be upon the same terms and conditions as contained herein and the Adviser and the SubAdviser shall remain liable for the BDCFund’s use of the Brand.

Appears in 1 contract

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

Brand Usage. The Sub-Adviser conducts its investment advisory business under, and has the right to use, the licensed trade name Benefit Street Partners L.L.C. Evolv Capital Advisors, LLC and/or the licensed logo as set forth on Schedule A attached hereto (collectively, the “Brand”). 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 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. Prior to using the Brand in any manner (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 the Brand in accordance with the standards and policies as established between the Adviser and the Sub-Adviser 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 the License immediately upon written notice for any reason, including, without limitation, if any use of the Brand by the Adviser or the BDC is not in compliance with the standards and policies as established between the Adviser and the Sub-Adviser. Unless terminated earlier by the Sub-Adviser, the term of the 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 agree that 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 the Sub-Adviser. Without limiting the foregoing, the License shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be used 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. The Sub-Adviser conducts its investment advisory business under, and has the right to use, the licensed trade name Benefit Street Partners L.L.C. trademark[s] and/or service mxxx[s] “[▪]” [and the licensed logo as set forth on Schedule A attached hereto “[▪]” design] (collectively, the “Brand”). 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 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. Prior to using the Brand in any manner (including for the uses described in clauses (i) and (ii) above)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 the Brand in accordance with the standards and policies as established between the Adviser and the Sub-Adviser 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 the License immediately upon written notice for any reason, including, without limitation, if any use of the Brand by the Adviser or the BDC is not in compliance with the standards and policies as established between the Adviser and the Sub-Adviser. Unless terminated earlier by the Sub-Adviser, the term of the 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 agree agrees that 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 the Sub-Adviser. Without limiting the foregoing, the License shall have no effect on the BDC’s ownership rights of the works within which the Brand shall be used 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. The Sub-Adviser conducts its investment advisory business under, and has the 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 BlackRock Capital Investment Advisors, LLC (collectively, the “Brand”). Upon the terms and subject to the conditions set forth in this Section 1019, the Sub-Adviser hereby grants to the Adviser a revocableInvestment 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 solely (i) 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, and (ii) for other than the Adviser or BDC, as applicable, to state in such materials that investment advisory services are being provided by name of the Sub-Adviser to the BDC under the terms of this Agreement. Prior to using the Brand in any manner (including for the uses described in clauses (i) and (ii) above), the BDC or the Adviser, as applicable, shall submit all proposed uses appointment of the Brand to the Sub-Adviser for prior written approval. The Adviser agrees as a sub-adviser to (x) control the use Fund, shall be subject to the review and approval of the Brand in accordance with the standards and policies as established between the Adviser Sub-Adviser, which approval shall not be unreasonably withheld, and the Sub-Adviser and (y) only agrees to use the Brand if it has received the prior written approval commercially reasonable efforts to review all such material promptly, but no later than ten days of the Sub-Adviser for such specific usetheir receipt thereof. At no time shall the Adviser Investment Manager 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 the License immediately upon written notice for any reason, including, without limitation, if any use of the Brand by the Adviser or the BDC is not in compliance with the standards and policies as established between the Adviser and the Sub-Adviser. Unless terminated earlier by the Sub-Adviser, the term of the 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 Adviser Investment Manager and BDC the Fund agree that the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the AdviserInvestment Manager’s or BDCthe Fund’s use of the Brand shall inure solely to the benefit of the Sub-Adviser. Without limiting the foregoing, the License shall have no effect on the BDCFund’s ownership rights of the works within which the Brand shall be used in accordance with this Section 1119. The During the term of this Agreement, the Sub-Adviser may sublicense its rights under use the License solely Investment Manager’s or the Fund’s name in materials which merely refer in accurate terms to the BDC; provided that any use appointment of the Brand 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 BDC shall be upon term of this Agreement, the same Investment Manager may use the Sub-Adviser’s name in materials which merely refer in accurate terms and conditions as contained herein and to the Adviser shall remain liable for the BDC’s use appointment of the BrandSub-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)

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