Co-Advisors. The Advisor is hereby authorized to enter into one or more co-advisory agreements (each a “Co-Advisory Agreement”) with other investment advisers (each a “Co-Advisor”) pursuant to which the Advisor may obtain the services of the Co-Advisor(s) to assist the Advisor in fulfilling its responsibilities hereunder, subject to the oversight of the Advisor and/or the Company with the scope of such services and oversight to be set forth in each Co-Advisory Agreement. (i) The Advisor shall be responsible for any compensation payable to any Co-Advisor; provided, however, that the Advisor may direct the Company to pay directly to the Co-Advisor the amounts due and payable to such Co-Advisor from the fees and expenses payable to the Advisor under this Agreement. (ii) Any Co-Advisory Agreement entered into by the Advisor shall be in accordance with the requirements of the 1940 Act, the Advisers Act, any other applicable federal securities law, the Companies Act of 1981 and any other applicable Bermudian law, and any other applicable law whether domestic or foreign. (iii) Any Co-Advisor shall be subject to the same fiduciary duties as are imposed on the Advisor pursuant to this Agreement, the 1940 Act and the Advisers Act, as well as other applicable federal and state law, taking into account any limitations of the scope of responsibilities of such Co-Advisor. (iv) Any Co-Advisor shall be registered with the SEC as an investment adviser under the Advisers Act prior to the applicable Co-Advisory Agreement becoming effective pursuant to Section 15(a) of the 1940 Act. (v) In the event that the terms and provisions of any Co-Advisory Agreement related to the rights, responsibilities and obligations of the Co-Advisor conflict with this Agreement, the terms of the Co-Advisory Agreement shall prevail.
Appears in 5 contracts
Sources: Investment Advisory Agreement (NorthStar Real Estate Capital Income Fund-T), Investment Advisory Agreement (NorthStar Real Estate Capital Income Fund), Investment Advisory Agreement (NorthStar Real Estate Capital Income Master Fund)
Co-Advisors. The Advisor is hereby authorized to enter into one or more co-advisory agreements (each a “"Co-Advisory Agreement”") with other investment advisers (each a “"Co-Advisor”") pursuant to which the Advisor may obtain the services of the Co-Advisor(s) to assist the Advisor in fulfilling its responsibilities hereunder, subject to the oversight of the Advisor and/or the Company with the scope of such services and oversight to be set forth in each Co-Advisory Agreement.
(i) The Advisor shall be responsible for any compensation payable to any Co-Advisor; provided, however, that the Advisor may direct the Company to pay directly to the Co-Advisor the amounts due and payable to such Co-Advisor from the fees and expenses payable to the Advisor under this Agreement.
(ii) Any Co-Advisory Agreement entered into by the Advisor shall be in accordance with the requirements of the 1940 Act, the Advisers Act, any other applicable federal securities law, the Companies Act of 1981 and any other applicable Bermudian law, and any other applicable law whether domestic or foreign.
(iii) Any Co-Advisor shall be subject to the same fiduciary duties as are imposed on the Advisor pursuant to this Agreement, the 1940 Act and the Advisers Act, as well as other applicable federal and state law, taking into account any limitations of the scope of responsibilities of such Co-Advisor.
(iv) Any Co-Advisor shall be registered with the SEC as an investment adviser under the Advisers Act prior to the applicable Co-Advisory Agreement becoming effective pursuant to Section 15(a) of the 1940 Act.
(v) In the event that the terms and provisions of any Co-Advisory Agreement related to the rights, responsibilities and obligations of the Co-Advisor conflict with this Agreement, the terms of the Co-Advisory Agreement shall prevail.
Appears in 4 contracts
Sources: Investment Advisory Agreement (NorthStar Real Estate Capital Income Fund-T), Investment Advisory Agreement (NorthStar Real Estate Capital Income Fund-T), Investment Advisory Agreement (NorthStar Real Estate Capital Income Master Fund)
Co-Advisors. The Advisor is hereby authorized to enter into one or more co-advisory agreements (each a “Co-Advisory Agreement”) with other investment advisers (each a “Co-Advisor”) pursuant to which the Advisor may obtain the services of the Co-Advisor(s) to assist the Advisor in fulfilling its responsibilities hereunder, subject to the oversight of the Advisor and/or the Company with the scope of such services and oversight to be set forth in each Co-Advisory Agreement.
(i) The Advisor shall be responsible for any compensation payable to any Co-Advisor; provided, however, that the Advisor may direct the Company to pay directly to the Co-Advisor the amounts due and payable to such Co-Advisor from the fees and expenses expenses, if any, payable to the Advisor under this Agreement.
(ii) Any Co-Advisory Agreement entered into by the Advisor shall be in accordance with the requirements of the Investment Company Act of 1940, as amended (the “1940 Act”), the Advisers Act, any other applicable federal securities law, the Companies Act of 1981 and any other applicable Bermudian law, and any other applicable law whether domestic or foreign.
(iii) Any Co-Advisor shall be subject to the same fiduciary duties as are imposed on the Advisor pursuant to this Agreement, the 1940 Act and the Advisers Act, as well as other applicable federal and state law, taking into account any limitations of the scope of responsibilities of such Co-Advisor.
(iv) Any Co-Advisor shall be registered with the SEC Securities and Exchange Commission (the “SEC”) as an investment adviser under the Advisers Act prior to the applicable Co-Advisory Agreement becoming effective pursuant to Section 15(a) of the 1940 Act.
(v) In the event that the terms and provisions of any Co-Advisory Agreement related to the rights, responsibilities and obligations of the Co-Advisor conflict with this Agreement, the terms of the Co-Advisory Agreement shall prevail.
Appears in 2 contracts
Sources: Investment Advisory Agreement (NorthStar Real Estate Capital Income Master Fund), Investment Advisory Agreement (NorthStar Real Estate Capital Income Fund-T)