Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 143 contracts
Samples: Distribution Agreement (Sphinx Opportunity Fund II), Distribution Agreement (Alpha Alternative Assets Fund), Distribution Agreement (Accordant ODCE Index Fund)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trust or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund Trust with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the FundTrust. Upon request, ALPS will provide the Fund Trust with a copy of such advice of counsel.
Appears in 93 contracts
Samples: Form of Distribution Agreement (EA Series Trust), Distribution Agreement (Themes ETF Trust), Form of Distribution Agreement (Investment Managers Series Trust II)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trust or any Fund service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund Trust with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the FundTrust. Upon request, ALPS will provide the Fund Trust with a copy of such advice of counsel.
Appears in 34 contracts
Samples: Pricing Services Agreement, Bookkeeping and Pricing Services Agreement (Financial Investors Trust), Pricing Services Agreement (ALPS Series Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide shall inform the Fund with prior written notice and its counsel of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counselconflict and seek resolution.
Appears in 33 contracts
Samples: Bookkeeping And (Clough Global Opportunities Fund), Administration, Bookkeeping and Pricing Services Agreement (Clough Global Dividend & Income Fund), Administration, Bookkeeping And (Clough Global Equity Fund)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trust or any authorized service provider on behalf of the Fund and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon the directions and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund Trust with a copy of such the advice of counselcounsel received pursuant to Section 3(b) of this Agreement.
Appears in 17 contracts
Samples: Transfer Agency and Services Agreement, Transfer Agency and Services Agreement (Bridge Builder Trust), Transfer Agency and Services Agreement (USCF Mutual Funds Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trust or any authorized service provider on behalf of the Funds and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon the directions and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund Trust with a copy of such the advice of counselcounsel received pursuant to Section 3(b) of this Agreement.
Appears in 14 contracts
Samples: Transfer Agency and Services Agreement (ALPS Series Trust), Alps Series Trust (ALPS Series Trust), Alps Series Trust (ALPS Series Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from external legal counsel, ALPS may in its sole discretion rely upon and follow the advice of said counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 14 contracts
Samples: Distribution Agreement (Arbitrage Funds), Distribution Agreement (Arbitrage Funds), Administration, Bookkeeping And (Arbitrage Funds)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trust or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counselcounsel with respect to questions of law. ALPS will provide the Fund Trust with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the FundTrust. Upon request, ALPS will provide the Fund Trust with a copy of such advice of counsel.
Appears in 7 contracts
Samples: Distribution Agreement (Pointbreak ETF Trust), Distribution Agreement (Pointbreak ETF Trust), Distribution Agreement (Pointbreak ETF Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trust or any authorized service provider on behalf of the Funds and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon the directions and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund Trust with a copy of such the advice of counselcounsel received pursuant to Section 3(b).
Appears in 7 contracts
Samples: Transfer Agency and Services Agreement (Financial Investors Trust), Transfer Agency and Services Agreement (Financial Investors Trust), Transfer Agency and Services Agreement (Financial Investors Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from counselcompetent counsel knowledgeable in such matters, ALPS may in its sole discretion may, upon reasonable belief, rely upon and follow the advice of counsel. ALPS will provide the Fund with not less than ten (10) business days' prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 6 contracts
Samples: Distribution Agreement (CC Real Estate Income Fund-T2), Distribution Agreement (CC Real Estate Income Fund-Adv), Distribution Agreement (NorthStar Real Estate Capital Income Fund-C)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion with prior written consent of the Fund, which may not be unreasonably withheld, rely upon and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such written advice of counsel.
Appears in 6 contracts
Samples: Pricing Services Agreement (Blackstone / GSO Long-Short Credit Income Fund), Pricing Services Agreement (Blackstone / GSO Strategic Credit Fund), Pricing Services Agreement (Blackstone / GSO Floating Rate High Income Fund)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any authorized service provider on behalf of the Fund and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with and ALPS shall mutually agree upon the directions, advice or instructions from the Fundto follow. Upon request, ALPS will provide the Fund with a copy of such the advice of counselcounsel received pursuant to Section 3(b).
Appears in 6 contracts
Samples: Transfer Agency and Services Agreement (Caldwell & Orkin Funds Inc), Transfer Agency and Services Agreement (BBH Trust), Administration, Bookkeeping And (Heartland Group Inc)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trust or any authorized service provider on behalf of the Fund and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon the directions and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund Trust with a copy of such the advice of counselcounsel received pursuant to Section 3(b).
Appears in 5 contracts
Samples: Transfer Agency and Services Agreement, Transfer Agency and Services Agreement (Financial Investors Trust), Financial Investors Trust (Financial Investors Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any authorized service provider on behalf of the Fund and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon the directions and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such the advice of counselcounsel received pursuant to Section 3(b).
Appears in 5 contracts
Samples: Transfer Agency and Services Agreement (Northeast Investors Growth Fund Inc), Transfer Agency and Services Agreement (Wakefield Alternative Series Trust), Transfer Agency and Services Agreement (Drexel Hamilton Mutual Funds)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the a Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the applicable Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the such Fund. Upon request, ALPS will provide the a Fund with a copy of such advice of counsel.
Appears in 4 contracts
Samples: Distribution Agreement (North American Government Bond Fund Inc), Distribution Agreement (Isi Strategy Fund Inc), Distribution Agreement (Managed Municipal Fund Inc)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Trust, a Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund Trust with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the FundTrust. Upon request, ALPS will provide the Fund Trust with a copy of such advice of counsel.
Appears in 4 contracts
Samples: Distribution Agreement (Hartford Funds NextShares Trust), Distribution Agreement (Hartford Funds Exchange-Traded Trust), Distribution Agreement (Hartford Funds NextShares Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any authorized service provider on behalf of the Fund and the advice ALPS receives from external legal counsel, ALPS may in its sole discretion rely upon the directions and follow the advice of such counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such the advice of counselcounsel received pursuant to Section 3(b).
Appears in 4 contracts
Samples: Transfer Agency and Services Agreement (Whitebox Mutual Funds), Transfer Agency and Services Agreement (Whitebox Mutual Funds), Transfer Agency and Services Agreement (Whitebox Mutual Funds)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Funds or any service provider and the advice ALPS receives from counselcompetent counsel knowledgeable in such matters, ALPS may in its sole discretion may, upon reasonable belief, rely upon and follow the advice of counsel. ALPS will provide the Fund Funds with no less than 10 days’ prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the FundFunds. Upon request, ALPS will provide the Fund Funds with a copy of such advice of counsel.
Appears in 4 contracts
Samples: Pricing Services Agreement (CC Real Estate Income Fund-T2), Pricing Services Agreement (NorthStar Real Estate Capital Income Fund), Pricing Services Agreement (NorthStar Real Estate Capital Income Fund-T)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trust or any service provider on behalf of the Trust and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel; provided such counsel was selected in good faith. ALPS will provide the Fund Trust with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the FundTrust. Upon request, ALPS will provide the Fund Trust with a copy of such advice of counsel.
Appears in 3 contracts
Samples: Distribution Agreement (BPV Family of Funds), Distribution Agreement (BPV Family of Funds), Distribution Agreement (BPV Family of Funds)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such the advice of counselcounsel received pursuant to section 6(b).
Appears in 3 contracts
Samples: Distribution Agreement (GLG Investment Series Trust), Distribution Agreement (GLG Investment Series Trust), Distribution Agreement (GLG Investment Series Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trust or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel; provided such counsel is selected in good faith. ALPS will provide the Fund Trust with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the FundTrust. Upon request, ALPS will provide the Fund Trust with a copy of such advice of counsel.
Appears in 3 contracts
Samples: Pricing Services Agreement (Cornercap Group of Funds /Va/), Pricing Services Agreement (Tilson Investment Trust), Administration, Bookkeeping And (BPV Family of Funds)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any Fund service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion discretion, and subject to Section 6 of this Agreement, rely upon and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 3 contracts
Samples: Distribution Agreement (Janus Detroit Street Trust), Distribution Agreement (Janus Detroit Street Trust), Form of Distribution Agreement (Janus Detroit Street Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions Proper Instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide shall inform the Fund with prior written notice and its counsel of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counselconflict and seek resolution.
Appears in 3 contracts
Samples: Fund Accounting Agreement (Agile Funds Inc), Accounting and Services Agreement (Lipper Funds Inc), Fund Accounting Agreement (Agile Funds Inc)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trust or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel; provided such counsel was selected in good faith. ALPS will provide the Fund Trust with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the FundTrust. Upon request, ALPS will provide the Fund Trust with a copy of such advice of counsel.
Appears in 3 contracts
Samples: Distribution Agreement (Stadion Investment Trust), Distribution Agreement (Stadion Investment Trust), Distribution Agreement (Tilson Investment Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Funds or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund Funds with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the FundFunds. Upon request, ALPS will provide the Fund Funds with a copy of such advice of counsel.
Appears in 3 contracts
Samples: Distribution Agreement (Goehring & Rozencwajg Investment Funds), Form of Distribution Agreement (Goehring & Rozencwajg Investment Funds), Distribution Agreement (Meridian Fund Inc)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the reasonable advice of qualified counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund, and will provide the Fund a reasonable opportunity to comment on such advice of counsel. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 3 contracts
Samples: Distribution Agreement (Reality Shares ETF Trust), Distribution Agreement (Reality Shares ETF Trust), Form of Distribution Agreement (Reality Shares ETF Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counselcounsel received pursuant to Section 6(b).
Appears in 2 contracts
Samples: Distribution Agreement (BBH Trust), Distribution Agreement (BBH Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Company or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund Company with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the FundCompany. Upon request, ALPS will provide the Fund Company with a copy of such advice of counsel.
Appears in 2 contracts
Samples: Distribution Agreement (CIM Real Assets & Credit Fund), Distribution Agreement (TXF Funds Inc)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trusts or any authorized service provider on behalf of the Funds and the advice ALPS receives from counsel, ALPS may in its sole discretion may, after consultation with the Trusts, rely upon the directions and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund Trusts with a copy of such the advice of counselcounsel received pursuant to Section 3(b) of this Agreement.
Appears in 2 contracts
Samples: Transfer Agency and Services Agreement (Forward Funds), Transfer Agency and Services Agreement (Salient MF Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trust or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund Trust with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the FundTrust. Upon request, ALPS will provide the Fund Trust with a copy of such advice of counsel.
Appears in 2 contracts
Samples: Distribution Agreement (Financial Investors Trust), Distribution Agreement (Financial Investors Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trust or any authorized service provider on behalf of a Fund and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon the directions and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund Trust with a copy of such the advice of counselcounsel received pursuant to Section 3(b) of this Agreement.
Appears in 2 contracts
Samples: Transfer Agency and Services Agreement (Goehring & Rozencwajg Investment Funds), Transfer Agency and Services Agreement (Goehring & Rozencwajg Investment Funds)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Administrator or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund Administrator with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the FundAdministrator. Upon request, ALPS will provide the Fund Administrator with a copy of such advice of counsel.
Appears in 2 contracts
Samples: Sub Administration Agreement (North American Government Bond Fund Inc), Sub Administration Agreement (Isi Strategy Fund Inc)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counselcounsel (at its own expense). ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 1 contract
Samples: Pricing Services Agreement (Axonic Alternative Income Fund)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any authorized service provider on behalf of the Fund and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with and ALPS shall mutually agree upon the directions, advice or instructions from the Fundto follow. Upon request, ALPS will provide the Fund with a copy of such the advice of counselcounsel received pursuant to Section 8(b).
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (Cook & Bynum Funds Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from counselcompetent counsel knowledgeable in such matters, ALPS may in its sole discretion may, upon reasonable belief, rely upon and follow the advice of counsel. ALPS will provide the Fund with not less than ten (10) business days’ prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 1 contract
Samples: Distribution Agreement (NorthStar/Townsend Institutional Real Estate Fund Inc.)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any authorized service provider on behalf of the Fund and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon the directions and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such the advice of counselcounsel received pursuant to Section 3(b) of this Agreement.
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (X-Square Balanced Fund, LLC)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion and subject to Section 6 of this Agreement rely upon and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 1 contract
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trust, a Fund, or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund Trust with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the FundTrust. Upon request, ALPS will provide the Fund Trust with a copy of such advice of counsel.
Appears in 1 contract
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon reasonable request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 1 contract
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the a Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the applicable Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 1 contract
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion with prior written consent of the Fund, which may not be unreasonably withheld, rely upon and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 1 contract
Samples: Pricing Services Agreement (Blackstone / GSO Floating Rate Enhanced Income Fund)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel. Fund should have right to object, based on advice of its own counsel, if it disagrees on advice given by ALPS’ counsel.
Appears in 1 contract
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trust or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund Funds with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the FundTrust. Upon request, ALPS will provide the Fund Funds with a copy of such advice of counsel.
Appears in 1 contract
Samples: Pricing Services Agreement (Financial Investors Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any authorized service provider on behalf of the Fund and the advice ALPS receives from counsel, ALPS the Fund may in its sole discretion rely upon the directions and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such the advice of counselcounsel received pursuant to Section 3(b).
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (GLG Investment Series Trust)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund Trust or any authorized service provider on behalf of the Fund and the advice ALPS receives from its counsel, ALPS may in its sole discretion rely upon the directions and follow the advice of its counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund Trust with a copy of such the advice of counselcounsel received pursuant to Section 3(b) of this Agreement.
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (Icon Funds)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any authorized service provider on behalf of the Fund and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with and ALPS shall mutually agree upon the directions, advice or instructions from the Fundto follow. Upon request, ALPS will provide the Fund with a copy of such advice of counselcounsel received pursuant to Section 4(b).
Appears in 1 contract
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from such counsel, ALPS may in its sole discretion rely upon and follow the advice of such counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 1 contract
Samples: Transfer Agency (AQR Funds)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any Fund service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 1 contract
Samples: Distribution Agreement (Principal Exchange-Traded Funds)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any Fund service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directionswith, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 1 contract
Samples: Distribution Agreement (Principal Exchange-Traded Funds)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any service provider and the advice ALPS receives from counselcompetent counsel knowledgeable in such matters, ALPS may in its sole discretion may, upon reasonable belief, rely upon and follow the advice of counsel. ALPS will provide the Fund with no less than 10 days’ prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 1 contract
Samples: Pricing Services Agreement (NorthStar/Townsend Institutional Real Estate Fund Inc.)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS receives from the Fund or any Fund service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 1 contract
Samples: Fund Administration Agreement (Northeast Investors Growth Fund Inc)
Conflicting Advice. In the event of a conflict between directions, advice or instructions ALPS AO’S receives from the Fund or any service provider and the advice ALPS receives from counsel, ALPS may in its sole discretion rely upon and follow the advice of counsel. ALPS AO’S will provide the Fund with prior written notice of its intent to follow advice of counsel that is materially inconsistent with directions, advice or instructions from the Fund. Upon request, ALPS will provide the Fund with a copy of such advice of counsel.
Appears in 1 contract
Samples: Distribution Agreement (Exchange Traded Spreads Trust)