Conflicts of Interest and Prohibited Activities. (a) The Adviser is not hereby granted or entitled to an exclusive right to sell or exclusive employment to sell assets for the Fund.
Conflicts of Interest and Prohibited Activities. Prior to the qualification of the Shares as Covered Securities, the following provisions in this Section 11 shall apply.
Conflicts of Interest and Prohibited Activities. 10.1 Party A hereby recognizes that, when Party B conducts investment management of Entrusted Assets and, at the same time, in regard to its own assets or the assets of any third party, conflicts of interest may arise in respect of (but not limited to) the distribution of resources, provision of services and allocation of investment opportunities.
Conflicts of Interest and Prohibited Activities. This Section 13 shall apply for only so long as the Fund’s shares of common stock are not listed on a national securities exchange.
Conflicts of Interest and Prohibited Activities. To the extent the Fund’s Shares do not qualify as Covered Securities, as defined in Section 18 of the Securities Act, Section 12 shall apply to the extent required by state or federal law:
Conflicts of Interest and Prohibited Activities. (a) The Adviser shall not directly or indirectly pay or award any fees or commissions or other compensation to any person engaged to sell Shares or give investment advice to a potential shareholder; provided, however, that this subsection shall not prohibit the payment to a registered broker-dealer or other properly licensed agent of properly disclosed usual and customary sales commissions or other compensation (including cash compensation and non-cash compensation (as such terms are defined under FINRA Rule 2310)) for selling or distributing Shares, including out of the Adviser’s own assets, including those amounts paid to the Adviser under this Agreement.
Conflicts of Interest and Prohibited Activities. (a) The Management Company is not hereby granted or entitled to an exclusive right to sell or exclusive employment to sell assets for the Fund.
Conflicts of Interest and Prohibited Activities. Commencing at such time as the Fund is subject to the Omnibus Guidelines and ending at such time as the Shares qualify as Covered Securities, the following provisions in this Section 11 shall apply.
Conflicts of Interest and Prohibited Activities. Prior to the qualification of the Shares as Covered Securities, the following provisions in this Section 12 shall apply. (a) The Adviser is not hereby granted or entitled to an exclusive right to sell or exclusive employment to sell assets for the Fund. (b) The Adviser shall not: (i) receive or accept any rebate, give-up or similar arrangement that is prohibited under applicable federal or state securities laws; (ii) participate in any reciprocal business arrangement that would circumvent provisions of applicable federal or state securities laws governing conflicts of interest or investment restrictions; or (iii) enter into any agreement, arrangement or understanding that would circumvent the restrictions against dealing with affiliates or promoters under applicable federal or state securities laws; or (v) enter into any agreement, arrangement, or understanding that would circumvent Section V.G of the North American Securities Administrators Association’s Omnibus Guidelines Statement of Policy. (c) The Adviser shall not directly or indirectly pay or award any fees or commissions or other compensation to any person engaged to sell Shares or give investment advice to a potential shareholder; provided, however, that this subsection shall not prohibit the payment to a registered broker-dealer or other properly licensed agent of properly disclosed sales commissions or other compensation (including cash compensation and non-cash compensation (as such terms are defined under FINRA Rule 2310)) for selling or distributing Shares, including out of the Adviser’s own assets, including those amounts paid to the Adviser under this Agreement. (d) The Adviser covenants that it shall not permit or cause to be permitted the Fund’s funds to be commingled with the funds of any other person and the funds will be protected from the claims of affiliated companies. 13.
Conflicts of Interest and Prohibited Activities. Subsequent to the Public Offering Event, such condition not in derogation of the applicable laws, the following conditions shall apply:
