Common use of Brand Usage Clause in Contracts

Brand Usage. The Sub-Adviser conducts its investment advisory business under, and owns all rights to, the trademark “Alcentra” and the “Alcentra” design (collectively, the “Brand”). In connection with the Fund’s (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, the Fund may state in such materials that investment advisory services are being provided by the Sub-Adviser to the Fund under the terms of this Agreement. The Sub-Adviser hereby grants a non-exclusive, non-transferable, and non-sublicensable license to the Fund for the use of the Brand solely as permitted in the foregoing sentence. 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 if the usage is not in compliance with such 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. The Fund and the Adviser each agree that the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the Fund’s use shall inure solely to the benefit of the Sub-Adviser. Without limiting the foregoing, this license shall have no effect on the Fund’s ownership rights of the works within which the Brand shall be used.

Appears in 3 contracts

Samples: Investment Sub Advisory Agreement, Investment Sub Advisory Agreement (Steadfast Alcentra Global Credit Fund), Sub Advisory Agreement (Steadfast Alcentra Global Credit Fund)

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Brand Usage. The Sub-Adviser Advisor conducts its investment advisory business under, and owns all rights to, under the trademark “AlcentraGuggenheim” and the “AlcentraGuggenheim” design (collectively, the “Brand”). In connection with the FundCompany’s (a) public filings; , (b) requests for information from state and federal regulators; , (c) offering materials and advertising materials; materials and (d) press releasesinvestor communications, the Fund Company may state in such materials that investment advisory services are being provided by the Sub-Adviser Advisor to the Fund Company under the terms of this Agreement. The Sub-Adviser Advisor hereby grants a non-exclusive, non-transferable, transferable and non-sublicensable license to the Fund Company for the use of the Brand solely as permitted in the foregoing sentencesentence and in connection with the Company’s name. The Adviser Company agrees that the Advisor is the sole owner of the Brand and agrees not to challenge or contest the validity of, or the Advisor’s rights in the Brand (and the associated goodwill). Prior to using the Brand in any manner, the Company shall submit all proposed uses to the Advisor for prior written approval. The Company agrees to control the use of such Brand in accordance with the standards and policies as established between the Adviser Advisor and the Sub-AdviserCompany. 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 such 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. The Fund and the Adviser each agree that the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the Fund’s use shall inure solely to the benefit of the Sub-Adviser. Without limiting the foregoing, this license shall have no effect on the FundCompany’s ownership rights of the works within which the Brand shall be used.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Guggenheim Credit Income Fund), Interim Investment Advisory Agreement (Carey Credit Income Fund)

Brand Usage. The Sub-Adviser conducts its investment advisory business under, and owns all rights to, the trademark “Alcentra” "Context Capital Advisers, LLC" and the “Alcentra” "Context Capital" design (collectively, the "Brand"). In connection with the Fund’s Funds' (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, the Fund Funds may state in such materials that investment advisory services are being provided by the Sub-Adviser to the Fund Funds under the terms of this Agreement. The Sub-Adviser hereby grants a non-exclusive, non-transferable, and non-sublicensable license to the Fund Funds for the use of the Brand solely as permitted in the foregoing sentence. The Adviser agrees Prior to control using the use of such Brand in accordance with any manner, the standards and policies as established between Funds shall submit all proposed uses to the Adviser and the Sub-Adviserfor prior written approval. 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 such 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 AgreementAgreement or the investment advisory relationship between the Adviser and the Funds. The Fund and the Adviser each Funds agree that the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the Fund’s Funds' use shall inure solely to the benefit of the Sub-Adviser. Without limiting the foregoing, this license shall have no effect on the Fund’s Funds' ownership rights of the works within which the Brand shall be used.

Appears in 1 contract

Samples: Investment Advisory Agreement (Context Capital Funds)

Brand Usage. The Sub-Adviser conducts its investment advisory business under, and owns all rights to, the trademark “Alcentra” "Context Advisers II, L.P." and the “Alcentra” "Context Advisers" design (collectively, the "Brand"). In connection with the Fund’s Funds' (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, the Fund Funds may state in such materials that investment advisory services are being provided by the Sub-Adviser to the Fund Funds under the terms of this Agreement. The Sub-Adviser hereby grants a non-exclusive, non-transferable, and non-sublicensable license to the Fund Funds for the use of the Brand solely as permitted in the foregoing sentence. The Adviser agrees Prior to control using the use of such Brand in accordance with any manner, the standards and policies as established between Funds shall submit all proposed uses to the Adviser and the Sub-Adviserfor prior written approval. 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 such 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 AgreementAgreement or the investment advisory relationship between the Adviser and the Funds. The Fund and the Adviser each Funds agree that the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the Fund’s Funds' use shall inure solely to the benefit of the Sub-Adviser. Without limiting the foregoing, this license shall have no effect on the Fund’s Funds' ownership rights of the works within which the Brand shall be used.

Appears in 1 contract

Samples: Investment Advisory Agreement (Context Capital Funds)

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Brand Usage. The Sub-Adviser conducts its investment advisory business under, and owns all rights to, the trademark “Alcentra” "Context Capital" and the “Alcentra” "Context Capital" design (collectively, the "Brand"). In connection with the Fund’s Funds' (a) public filings; (b) requests for information from state and federal regulators; (c) offering materials and advertising materials; and (d) press releases, the Fund Funds may state in such materials that investment advisory services are being provided by the Sub-Adviser to the Fund Funds under the terms of this Agreement. The Sub-Adviser hereby grants a non-exclusive, non-transferable, and non-sublicensable license to the Fund Funds for the use of the Brand solely as permitted in the foregoing sentence. The Adviser agrees Prior to control using the use of such Brand in accordance with any manner, the standards and policies as established between Funds shall submit all proposed uses to the Adviser and the Sub-Adviserfor prior written approval. 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 such 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 AgreementAgreement or the investment advisory relationship between the Adviser and the Funds. The Fund and the Adviser each Funds agree that the Sub-Adviser is the sole owner of the Brand, and any and all goodwill in the Brand arising from the Fund’s Funds' use shall inure solely to the benefit of the Sub-Adviser. Without limiting the foregoing, this license shall have no effect on the Fund’s Funds' ownership rights of the works within which the Brand shall be used.

Appears in 1 contract

Samples: Investment Advisory Agreement (Context Capital Funds)

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