Common use of Broker/Dealer Relationships Clause in Contracts

Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii) of this Agreement to arrange for the purchase and the sale of securities held by the Trust by placing purchase and sale orders for the Trust, the Advisor shall select such broker-dealers ("brokers") as shall, in the Advisor's judgment, implement the policy of the Trust to achieve "best execution", i.e., prompt and efficient execution at the most favorable securities price. In making such selection, the Advisor is authorized to consider the reliability, integrity and financial condition of the broker. The Advisor is also authorized to consider whether the broker provides brokerage and/or research services to the Trust and/or other accounts of the Advisor. The commissions paid to such brokers may be higher than another broker would have charged if a good faith determination is made by the Advisor that the commission is reasonable in relation to the services provided, viewed in terms of either that particular transaction or the Advisor's overall responsibilities as to the accounts as to which it exercises investment discretion. The Advisor shall use its judgment in determining that the amount of commissions paid are reasonable in relation to the value of brokerage and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion of commission rates reflecting such services. To demonstrate that such determinations were in good faith, and to show the overall reasonableness of commissions paid, the Advisor shall be prepared to show that commissions paid (i) were for purposes contemplated by this Agreement; (ii) provide lawful and appropriate assistance to the Advisor in the performance of its decision-making responsibilities; and (iii) were within a reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty of the transaction in question. The Advisor also is authorized to consider sales of shares as a factor in the selection of brokers to execute brokerage and principal transactions, subject to the requirements of "best execution", as defined above.

Appears in 2 contracts

Samples: Management Agreement (Pic Small Cap Portfolio), Technology Portfolio Management Agreement (Pic Technology Portfolio)

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Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii) of this Agreement to arrange for the purchase and the sale of securities held by in the Trust portfolio of the Fund by placing purchase and sale orders for the TrustFund, the Advisor shall select such broker-broker dealers ("brokers"“broker”) as shall, shall in the Advisor's judgment, ’s judgment implement the policy of the Trust Fund to achieve "best execution", i.e., i.e. prompt and efficient execution at the most favorable securities price. In making such selection, the Advisor is authorized to consider the reliability, integrity and financial condition of the broker. The Advisor is also authorized to consider whether the broker provides brokerage and/or research services to the Trust Fund and/or other accounts of the Advisor. The commissions paid to such brokers may be higher than another broker would have charged if a good faith determination is made by the Advisor that the commission is reasonable in relation to the services provided, viewed in terms of either that particular transaction or the Advisor's ’s overall responsibilities as to the accounts account as to which it exercises investment discretion. The Advisor shall use its judgment in determining that the amount of commissions paid are reasonable in relation to the value of brokerage and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion of commission rates reflecting such services. To demonstrate that such determinations were in good faith, and to show the overall reasonableness of commissions paid, the Advisor shall be prepared to show that commissions paid (i) were for purposes contemplated by this Agreementagreement; (ii) were for products or services that provide lawful and appropriate assistance to the Advisor in the performance of its Advisor’s decision-making responsibilitiesprocess; and (iii) were within a reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust Fund recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty of the transaction in question. The Advisor is also is authorized to consider sales of shares as a factor in the selection of brokers to execute brokerage and principal transactions, subject to the requirements of "best execution", as defined above.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Cornercap Group of Funds /Va/), Investment Advisory Agreement (Cornercap Group of Funds /Va/)

Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii) of this Agreement to arrange for the purchase and the sale of securities held by in the Trust portfolio of the Fund by placing purchase and sale orders for the TrustFund, the Advisor shall select such broker-broker dealers ("brokers"“broker”) as shall, in the Advisor's ’s judgment, implement the policy of the Trust Fund to achieve "best execution", i.e., i.e. prompt and efficient execution at the most favorable securities price. In making such selection, the Advisor is authorized to consider the reliability, integrity and financial condition of the broker. The Advisor is also authorized to consider whether the broker provides brokerage and/or research services to the Trust Fund and/or other accounts of the Advisor. The commissions paid to such brokers may be higher than another broker would have charged if a good faith determination is made by the Advisor that the commission is reasonable in relation to the services provided, viewed in terms of either that particular transaction or the Advisor's ’s overall responsibilities as to the accounts account as to which it exercises investment discretion. The Advisor shall use its judgment in determining that the amount of commissions paid are reasonable in relation to the value of brokerage and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion of commission rates reflecting such services. To demonstrate that such determinations were in good faith, and to show the overall reasonableness of commissions paid, the Advisor shall be prepared to show that commissions paid (i) were for purposes contemplated by this Agreementagreement; (ii) were for products or services that provide lawful and appropriate assistance to the Advisor in the performance of its Advisor’s decision-making responsibilitiesprocess; and (iii) were within a reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust Fund recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty of the transaction in question. The Advisor is also is authorized to consider sales of shares as a factor in the selection of brokers to execute brokerage and principal transactions, subject to the requirements of "best execution", as defined above.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Cornercap Group of Funds /Va/), Investment Advisory Agreement (Cornercap Group of Funds /Va/)

Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii) of this Agreement to arrange for the purchase and the sale of securities held by the Trust Small Cap Fund by placing purchase and sale orders for the TrustSmall Cap Fund, the Advisor shall select such broker-dealers ("brokers") as shall, in the Advisor's judgment, implement the policy of the Trust to achieve "best execution", i.e., prompt and efficient execution at the most favorable securities price. In making such selection, the Advisor is authorized to consider the reliability, integrity and financial condition of the broker. The Advisor is also authorized to consider whether the broker provides brokerage and/or research services to the Trust and/or other accounts of the Advisor. The commissions paid to such brokers may be higher than another broker would have charged if a good faith determination is made by the Advisor that the commission is reasonable in relation to the services provided, viewed in terms of either that particular transaction or the Advisor's overall responsibilities as to the accounts as to which it exercises investment discretion. The Advisor shall use its judgment in determining that the amount of commissions paid are reasonable in relation to the value of brokerage and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion of commission rates reflecting such services. To demonstrate that such determinations were in good faith, and to show the overall reasonableness of commissions paid, the Advisor shall be prepared to show that commissions paid (i) were for purposes contemplated by this Agreement; (ii) provide lawful and appropriate assistance to the Advisor in the performance of its decision-making responsibilities; and (iii) were within a reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty of the transaction in question. The Advisor also is authorized to consider sales of shares of the Trust as a factor in the selection of brokers to execute brokerage and principal transactions, subject to the requirements of "best execution", as defined above.

Appears in 1 contract

Samples: Investment Advisory Agreement (Brandes International Fund)

Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii) of this Agreement the event that the Advisor is responsible for decisions to arrange buy and sell securities for the purchase Fund, broker- dealer selection, and negotiation of its brokerage commission rates, the sale of Advisor's primary consideration in effecting securities held transactions will be to obtain the best price and execution on an overall basis. In performing this function the Advisor shall comply with applicable policies established by the Trust by placing purchase Board of Directors and sale orders for shall provide the TrustBoard of Directors with such reports as the Board of Directors may require in order to monitor the Fund's portfolio transaction activities. In certain instances the Advisor may make purchases of underwritten issues at prices which include underwriting fees. In selecting a broker-dealer to execute each particular transaction, the Advisor shall select such broker-dealers ("brokers") as shall, in will take the Advisor's judgment, implement following into consideration: the policy of the Trust to achieve "best execution", i.e., prompt and efficient execution at the most favorable securities price. In making such selection, the Advisor is authorized to consider net price available; the reliability, integrity and financial condition of the broker- dealer; the size of and difficulty in executing the order; and the value of the expected contribution of the broker-dealer to the investment performance of the Fund on a continuing basis. The Accordingly, the price to the Fund in any transaction may be less favorable than that available from another broker- dealer if the difference is reasonably justified by other aspects of the portfolio execution services offered. Subject to such policies as the Board of Directors may determine, the Advisor is also authorized shall not be deemed to consider whether have acted unlawfully or to have breached any duty created by this Agreement or otherwise solely by reason of its having caused the broker Fund to pay a broker- dealer that provides brokerage and/or and research services to the Trust and/or other accounts Advisor an amount of commission for effecting a portfolio investment transaction in excess of the Advisor. The commissions paid to such brokers may be higher than amount of commission another broker broker-dealer would have charged for effecting that transaction, if a the Advisor determines in good faith determination is made by the Advisor that the such amount of commission is was reasonable in relation to the value of the brokerage and research services providedprovided by such broker-dealer, viewed in terms of either that particular transaction or the Advisor's overall responsibilities as with respect to the accounts as to which it exercises investment discretionFund. The Advisor shall use its judgment in determining that is further authorized to allocate the amount orders placed by it on behalf of commissions paid are reasonable in relation the Fund to such broker-dealers other than Alex. Xxxxx & Sons Incorporated ("Alex. Xxxxx") who also provide research or statistical material or other services to the value Fund or the Advisor. Such allocation shall be in such amounts and proportions as the Advisor shall determine and the Advisor will report on said allocation regularly to the Board of brokerage Directors of the Fund, indicating the broker-dealers to whom such allocations have been made and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion basis therefor. Consistent with the Rules of commission rates reflecting such services. To demonstrate that such determinations were in good faithFair Practice of the National Association of Securities Dealers, Inc., and subject to show seeking the overall reasonableness of commissions paidmost favorable price and execution available and such other policies as the Directors may determine, the Advisor shall be prepared to show that commissions paid (i) were for purposes contemplated by this Agreement; (ii) provide lawful and appropriate assistance to may consider services in connection with the Advisor in the performance sale of its decision-making responsibilities; and (iii) were within a reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty shares of the transaction in question. The Advisor also is authorized to consider sales of shares Fund as a factor in the selection of brokers broker-dealers to execute brokerage portfolio transactions for the Fund. Subject to the policies established by the Board of Directors in compliance with applicable law, the Advisor may direct Alex. Xxxxx to execute portfolio transactions for the Fund on an agency basis. The commissions paid to Alex. Xxxxx must be, as required by Rule 17e-1 under the 1940 Act, "reasonable and principal fair compared to the commission, fee or other remuneration received or to be received by other brokers in connection with comparable transactions involving similar securities during a comparable period of time." If the purchase or sale of securities consistent with the investment policies of the Fund or one or more other account of the Advisor is considered at or about the same time, transactions in such securities will be allocated among the accounts in a manner deemed equitable by the Advisor. Alex. Xxxxx and the Advisor may combine such transactions, subject in accordance with applicable laws and regulations, in order to obtain the requirements best net price and most favorable execution. The Fund will not deal with the Advisor or Alex. Xxxxx in any transaction in which the Advisor or Alex. Xxxxx acts as a principal with respect to any part of "best execution"the Fund's order. If Alex. Xxxxx is participating in an underwriting or selling group, as defined abovethe Fund may not buy portfolio securities from the group except in accordance with policies established by the Board of Directors in compliance with the rules of the SEC.

Appears in 1 contract

Samples: Investment Advisory Agreement (Flag Investors Equity Partners Fund Inc)

Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii) of this Agreement to arrange for the purchase and the sale of securities held by the Trust Global Equity Fund by placing purchase and sale orders for the TrustGlobal Equity Fund, the Advisor shall select such broker-dealers ("brokers") as shall, in the Advisor's judgment, implement the policy of the Trust to achieve "best execution", i.e., prompt and efficient execution at the most favorable securities price. In making such selection, the Advisor is authorized to consider the reliability, integrity and financial condition of the broker. The Advisor is also authorized to consider whether the broker provides brokerage and/or research services to the Trust and/or other accounts of the Advisor. The commissions paid to such brokers may be higher than another broker would have charged if a good faith determination is made by the Advisor that the commission is reasonable in relation to the services provided, viewed in terms of either that particular transaction or the Advisor's overall responsibilities as to the accounts as to which it exercises investment discretion. The Advisor shall use its judgment in 3 determining that the amount of commissions paid are reasonable in relation to the value of brokerage and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion of commission rates reflecting such services. To demonstrate that such determinations were in good faith, and to show the overall reasonableness of commissions paid, the Advisor shall be prepared to show that commissions paid (i) were for purposes contemplated by this Agreement; (ii) provide lawful and appropriate assistance to the Advisor in the performance of its decision-making responsibilities; and (iii) were within a reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty of the transaction in question. The Advisor also is authorized to consider sales of shares of the Global Equity Fund as a factor in the selection of brokers to execute brokerage and principal transactions, subject to the requirements of "best execution", as defined above.

Appears in 1 contract

Samples: Investment Trust Investment Advisory Agreement (Brandes Investment Trust)

Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii2(a) (ii) of this Agreement to arrange for the purchase and the sale of securities held by the Trust Fund by placing purchase and sale orders for the TrustFund, the Advisor Manager shall select such broker-dealers (each, a "brokersbroker") as shall, in the AdvisorManager's judgment, implement the policy of the Trust Fund to achieve "best execution", i.e., prompt and efficient execution at the most favorable securities price. In making such selection, the Advisor Manager is authorized to consider the reliability, integrity and financial condition of the broker. The Advisor Manager is also authorized to consider whether the broker provides brokerage and/or research services to the Trust Fund and/or other accounts of the AdvisorManager. The commissions paid to such brokers brokers, may be higher than another broker would have charged if a good faith determination is made by the Advisor Manager that the commission is reasonable in relation to the services provided, viewed in terms of either that particular transaction or the AdvisorManager's overall responsibilities as to the accounts as to which it exercises investment discretion. The Advisor Manager shall use its judgment in determining that the amount of commissions paid are reasonable in relation to the value of brokerage and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion of commission rates reflecting such services or on the portion of commission rates reflecting such services. To demonstrate that such determinations were in good faith, and to show the overall reasonableness of commissions paid, the Advisor Manager shall be prepared to show that commissions paid (i) were for purposes contemplated by this Agreement; (ii) provide lawful and appropriate assistance to the Advisor Manager in the performance of its decision-making responsibilities; and (iii) were within a reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust Fund recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty of the transaction in question. The Advisor Manager also is authorized to consider sales of shares as a factor in the selection of brokers to execute brokerage and principal transactionstransaction, subject to the requirements of "best execution", ," as defined above.

Appears in 1 contract

Samples: Management Agreement (Asm Index 30 Fund Inc)

Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii2(a) (ii) of this Agreement to arrange for the purchase and the sale of securities held by the Trust Fund by placing purchase and sale orders for the TrustFund, the Advisor Manager shall select such broker---dealers ("brokers") as shall, in the AdvisorManager's judgment, implement the policy of the Trust Fund to achieve "best execution", i.e., prompt and efficient execution at the most favorable securities price. In making such selection, the Advisor Manager is authorized to consider the reliability, integrity and financial condition of the broker. The Advisor Manager is also authorized to consider whether the broker provides brokerage and/or research services to the Trust Fund and/or other accounts of the AdvisorManager. The commissions paid to such brokers brokers, may be higher than another broker would have charged if a good faith determination is made by the Advisor Manager that the commission is reasonable in relation to the services provided, viewed in terms of either that particular transaction or the AdvisorManager's overall responsibilities as to the accounts as to which it exercises investment discretion. The Advisor Manager shall use its judgment in determining that the amount of commissions paid are reasonable in relation to the value of brokerage and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion of commission rates reflecting such services or on the portion of commission rates reflecting such services. To demonstrate that such determinations were in good faith, and to show the overall reasonableness of commissions paid, the Advisor Manager shall be prepared to show that commissions paid (i) were for purposes contemplated by this Agreement; (ii) provide lawful and appropriate assistance to the Advisor Manager in the performance of its decision-making responsibilities; and (iii) were within a reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust Fund recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty of the transaction in question. The Advisor Manager also is authorized to consider sales of shares as a factor in the selection of brokers to execute brokerage and principal transactionstransaction, subject to the requirements of "best execution", as defined above.

Appears in 1 contract

Samples: Management Agreement (Asm Index 30 Fund Inc)

Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii) of this Agreement to arrange for the purchase and the sale of securities held by the Trust by placing purchase and sale orders for the Trust, the Advisor shall select such broker-dealers ("brokers") as shall, in the Advisor's judgment, implement the policy of the Trust to achieve "best execution", i.e., prompt and efficient execution at the most favorable securities price. In making such selection, the Advisor is authorized to consider the reliability, integrity and financial condition of the broker. The Advisor is also authorized to consider whether the broker provides brokerage and/or research services to the Trust and/or other accounts of the Advisor. The commissions paid to such brokers may be higher than another broker would have charged if a good faith determination is made by the Advisor that the commission is reasonable in relation to the services provided, viewed in terms of either that particular transaction or the Advisor's overall responsibilities as to the accounts as to which it exercises investment discretion. The Advisor shall use its judgment in determining that the amount of commissions paid are reasonable in relation to the value of brokerage and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion of commission rates reflecting such services. To demonstrate that such determinations were in good faith, and to show the overall reasonableness of commissions paid, the Advisor shall be prepared to show that commissions paid (i) were for purposes contemplated by this Agreement; (ii) provide lawful and appropriate assistance to the Advisor in the performance of its decision-making responsibilities; and (iii) were within a reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty of the transaction in question. The Advisor also is authorized to consider sales of shares of the Trust as a factor in the selection of brokers to execute brokerage and principal transactions, subject to the requirements of "best execution", as defined above.

Appears in 1 contract

Samples: Investment Advisory Agreement (Brandes International Fund)

Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii2(a) (ii) of this Agreement to arrange for the purchase and the sale of securities and other assets held by the Trust each Fund by placing purchase and sale orders for the TrustFund, the Advisor and/or any Sub-Advisor shall select such broker-dealers ("brokers") as and shall, in the Advisor's or Sub-Advisor's judgment, implement the policy of the Trust to achieve "best execution", ," i.e., prompt and efficient execution at the most favorable securities net price. In making such selection, the Advisor and/or Sub-Advisor is authorized to consider the reliability, integrity and financial condition of the broker. The Advisor and/or Sub-Advisor is also authorized to consider whether the broker provides brokerage and/or research services to the Trust and/or other accounts of the Advisor or Sub-Advisor. The commissions paid to such brokers may be higher than another broker would have charged if a good faith determination is made by the Advisor and/or Sub-Advisor that the commission is reasonable in relation to the services provided, viewed in terms of either that particular transaction or the Advisor's or Sub-Advisor's overall responsibilities as to the accounts as to which it exercises investment discretion. The Advisor and/or Sub-Advisor shall use its judgment in determining that the amount of commissions paid are reasonable in relation to the value of brokerage and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion of commission rates reflecting such services. To demonstrate that such determinations were in good faith, and to show the overall reasonableness of commissions paid, the Advisor and/or Sub-Advisor shall be prepared to show that commissions paid (i) were for purposes contemplated by this Agreement; (ii) provide lawful and appropriate assistance to the Advisor and/or Sub-Advisor in the performance of its decision-making responsibilities; and (iii) were within a d reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty of the transaction in question. The Advisor and/or Sub-Advisor is also is authorized to consider sales of shares as a factor in the selection of brokers to execute brokerage and principal transactions, subject to the requirements of "best execution", ," as defined above.

Appears in 1 contract

Samples: Investment Advisory Agreement (Aal Mutual Funds)

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Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii) of this Agreement to arrange for the purchase and the sale of securities held by in the Trust portfolio of the Fund by placing purchase and sale orders for the TrustFund, the Advisor shall select such broker-broker dealers ("brokersbroker") as shall, shall in the Advisor's judgment, ’s judgment implement the policy of the Trust Fund to achieve "best execution", i.e., i.e. prompt and efficient execution at the most favorable securities price. In making such selection, the Advisor is authorized to consider the reliability, integrity and financial condition of the broker. The Advisor is also authorized to consider whether the broker provides brokerage and/or research services to the Trust Fund and/or other accounts of the Advisor. The commissions paid to such brokers may be higher than another broker would have charged if a good faith determination is made by the Advisor that the commission is reasonable in relation to the services provided, viewed in terms of either that particular transaction or the Advisor's ’s overall responsibilities as to the accounts account as to which it exercises investment discretion. The Advisor shall use its judgment in determining that the amount of commissions paid are reasonable in relation to the value of brokerage and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion of commission rates reflecting such services. To demonstrate that such determinations were in good faith, and to show the overall reasonableness of commissions paid, the Advisor shall be prepared to show that commissions paid (i) were for purposes contemplated by this Agreementagreement; (ii) were for products or services that provide lawful and appropriate assistance to the Advisor in the performance of its Advisor’s decision-making responsibilitiesprocess; and (iii) were within a reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust Fund recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty of the transaction in question. The Advisor is also is authorized to consider sales of shares as a factor in the selection of brokers to execute brokerage and principal transactions, subject to the requirements of "best execution", ,” as defined above.

Appears in 1 contract

Samples: Cornercap Contrarian Fund (Cornercap Group of Funds /Va/)

Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii) of this Agreement to arrange for the purchase and the sale of securities held by the Trust Institutional Fund by placing purchase and sale orders for the TrustInstitutional Fund, the Advisor shall select such broker-dealers ("brokers") as shall, in the Advisor's judgment, implement the policy of the Trust to achieve "best execution", i.e., prompt and efficient execution at the most favorable securities price. In making such selection, the Advisor is authorized to consider the reliability, integrity and financial condition of the broker. The Advisor is also authorized to consider whether the broker provides brokerage and/or research services to the Trust and/or other accounts of the Advisor. The commissions paid to such brokers may be higher than another broker would have charged if a good faith determination is made by the Advisor that the commission is reasonable in relation to the services provided, viewed in terms of either that particular transaction or the Advisor's overall responsibilities as to the accounts as to which it exercises investment discretion. The Advisor shall use its judgment in determining that the amount of commissions paid are reasonable in relation to the value of brokerage and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion of commission rates reflecting such services. To demonstrate that such determinations were in good faith, and to show the overall reasonableness of commissions paid, the Advisor shall be prepared to show that commissions paid (i) were for purposes contemplated by this Agreement; (ii) provide lawful and appropriate assistance to the Advisor in the performance of its decision-making responsibilities; and (iii) were within a reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty of the transaction in question. The Advisor also is authorized to consider sales of shares of the Institutional Fund as a factor in the selection of brokers to execute brokerage and principal transactions, subject to the requirements of "best execution", as defined above.

Appears in 1 contract

Samples: Investment Advisory Agreement (Brandes International Fund)

Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii) of this Agreement to arrange for the purchase and the sale of securities held by the Trust by placing purchase and sale orders 2 for the Trust, the Advisor shall select such broker-dealers ("brokers") as shall, in the Advisor's judgment, implement the policy of the Trust to achieve "best execution", i.e., prompt and efficient execution at the most favorable securities price. In making such selection, the Advisor is authorized to consider the reliability, integrity and financial condition of the broker. The Advisor is also authorized to consider whether the broker provides brokerage and/or research services to the Trust and/or other accounts of the Advisor. The commissions paid to such brokers may be higher than another broker would have charged if a good faith determination is made by the Advisor that the commission is reasonable in relation to the services provided, viewed in terms of either that particular transaction or the Advisor's overall responsibilities as to the accounts as to which it exercises investment discretion. The Advisor shall use its judgment in determining that the amount of commissions paid are reasonable in relation to the value of brokerage and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion of commission rates reflecting such services. To demonstrate that such determinations were in good faith, and to show the overall reasonableness of commissions paid, the Advisor shall be prepared to show that commissions paid (i) were for purposes contemplated by this Agreement; (ii) provide lawful and appropriate assistance to the Advisor in the performance of its decision-making responsibilities; and (iii) were within a reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty of the transaction in question. The Advisor also is authorized to consider sales of shares as a factor in the selection of brokers to execute brokerage and principal transactions, subject to the requirements of "best execution", as defined above.

Appears in 1 contract

Samples: Midcap Portfolio Management Agreement (Pic Mid Cap Portfolio)

Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii2 (a) of this Agreement to arrange for the purchase and the sale of securities held by the Trust Fund by placing purchase and sale orders for the Trust, the Advisor shall select such broker-dealers ("brokers") as shall, in the Advisor's judgment, implement the policy of the Trust to achieve "best execution", i.e.I.E., prompt and efficient execution at the most favorable securities price. In making such selection, the Advisor is authorized to consider the reliability, integrity and financial condition of the broker. The Advisor is also authorized to consider whether the broker provides brokerage and/or research services to the Trust and/or other accounts of the Advisor. The commissions paid to any such brokers broker may be higher than another broker would have charged if a good faith determination is made by the Advisor that the commission is reasonable in relation to the services provided, viewed in terms of either that particular transaction or the Advisor's overall responsibilities as to the accounts as to which it exercises investment discretion. The Advisor shall use its judgment in determining that the amount amounts of commissions paid are reasonable in relation to the value of brokerage and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion of commission rates reflecting such services. To demonstrate that such determinations were in good faith, and to show the overall reasonableness of commissions paid, the Advisor shall be prepared to show that commissions paid (i) were for purposes contemplated by this Agreement; (ii) provide lawful and appropriate assistance to the Advisor in the performance of its decision-making responsibilities; and (iii) were within a reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty of the transaction in question. The Advisor also is authorized to consider sales of shares of the Trust as a factor in the selection of brokers to execute brokerage and principal transactions, subject to the requirements of "best execution", as defined above.

Appears in 1 contract

Samples: Funds Investment Advisory Agreement (Khan Fund)

Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii) of this Agreement to arrange for the purchase and the sale of securities held by in the Trust portfolio of the Fund by placing purchase and sale orders for the TrustFund, the Advisor shall select such broker-broker dealers ("brokers"“broker”) as shall, shall in the Advisor's judgment, ’s judgment implement the policy of the Trust Fund to achieve "best execution", i.e., i.e. prompt and efficient execution at the most favorable securities price. In making such selection, the Advisor is authorized to consider the reliability, integrity and financial condition of the broker. The Advisor is also authorized to consider whether the broker provides brokerage and/or research services to the Trust Fund and/or other accounts of the Advisor. The commissions paid to such brokers may be higher than another broker would have charged if a good faith determination is made by the Advisor that the commission is reasonable in relation to the services provided, viewed in terms of either that particular transaction or the Advisor's ’s overall responsibilities as to the accounts account as to which it exercises investment discretion. The Advisor shall use its judgment in determining that the amount of commissions paid are reasonable in relation to the value of brokerage and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion of commission rates reflecting such services. To demonstrate that such determinations were in good faith, and to show the overall reasonableness of commissions paid, the Advisor shall be prepared to show that commissions paid (i) were for purposes contemplated by this Agreementagreement; (ii) were for products or services that provide lawful and appropriate assistance to the Advisor in the performance of its Advisor’s decision-making responsibilitiesprocess; and (iii) were within a reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust Fund recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty of the transaction in question. The Advisor is also is authorized to consider sales of shares as a factor in the selection of brokers to execute brokerage and principal transactions, subject to the requirements of "best execution", ,” as defined above.

Appears in 1 contract

Samples: Investment Advisory Agreement (Cornercap Group of Funds /Va/)

Broker/Dealer Relationships. In connection with its duties set forth in Section 2(a)(ii) of this Agreement to arrange for the purchase and the sale of securities held by the Trust each Fund by placing purchase and sale orders for the Trustsuch Fund, the Advisor shall select such broker-dealers ("brokers") as shall, in the Advisor's ’s judgment, implement the policy of the Trust to achieve "best execution", i.e., prompt and efficient execution at the most favorable securities price. In making such selection, the Advisor is authorized to consider the reliability, integrity and financial condition of the broker. The Advisor is also authorized to consider whether the broker provides brokerage and/or research services to the Trust and/or other accounts of the Advisor. The commissions paid to such brokers may be higher than another broker would have charged if a good faith determination is made by the Advisor that the commission is reasonable in relation to the services provided, viewed in terms of either that particular transaction or the Advisor's ’s overall responsibilities as to the accounts as to which it exercises investment discretion. The Advisor shall use its judgment in determining that the amount of commissions paid are reasonable in relation to the value of brokerage and research services provided and need not place or attempt to place a specific dollar value on such services or on the portion of commission rates reflecting such services. To demonstrate that such determinations were in good faith, and to show the overall reasonableness of commissions paid, the Advisor shall be prepared to show that commissions paid (iI) were for purposes contemplated by this Agreement; (ii) provide lawful and appropriate assistance to the Advisor in the performance of its decision-making responsibilities; and (iii) were within a reasonable range as compared to the rates charged by qualified brokers to other institutional investors as such rates may become known from available information. The Trust recognizes that, on any particular transaction, a higher than usual commission may be paid due to the difficulty of the transaction in question. The Advisor also is authorized to consider sales of shares as a factor in the selection of brokers to execute brokerage and principal transactions, subject to the requirements of "best execution", as defined above.

Appears in 1 contract

Samples: Investment Advisory Agreement (Brandes Investment Trust)

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