Common use of Covenants of the Adviser Clause in Contracts

Covenants of the Adviser. (1) The Adviser will promptly notify the Fund in writing of the occurrence of any event which could have a material impact on the performance of its obligations pursuant to this Contract, including without limitation: (i) the occurrence of any event which could disqualify the Adviser from serving as an investment adviser of a registered investment company pursuant to Section 9(a) of the 1940 Act or otherwise; (ii) any material change in the Adviser's overall business activities that may have a material adverse effect on the Adviser's ability to perform under its obligations under this Contract; (iii) any event that would constitute a change in control of the Adviser; (iv) any change in the portfolio manager(s) of the Portfolio; (v) any proposed change or change in the representations made by the Adviser concerning the nature of the Adviser's business plan; and (vi) the existence of any pending or threatened audit, investigation, complaint, examination or other inquiry (other than routine regulatory examinations or inspections) relating to the Portfolio conducted by any state or federal governmental regulatory authority. (2) The Adviser agrees that it will promptly supply the Fund with copies of any material changes to any of the documents provided by the Adviser pursuant to Section 6(b).

Covenants of the Adviser. (1) The Adviser will promptly notify the Fund in writing of the occurrence of any event which could have a material impact on the performance of its obligations pursuant to this Contract, including without limitation: (i) the occurrence of any event which could disqualify the Adviser from serving as an investment adviser of a registered investment company pursuant to Section 9(a) of the 1940 Act or otherwise; (ii) any material change in the Adviser's ’s overall business activities that may have a material adverse effect on the Adviser's ’s ability to perform under its obligations under this Contract; (iii) any event that would constitute a change in control of the Adviser; (iv) any change in the portfolio manager(s) of the Portfolio; (v) any proposed change or change in the representations made by the Adviser concerning the nature of the Adviser's ’s business plan; and (vi) the existence of any pending or threatened audit, investigation, complaint, examination or other inquiry (other than routine regulatory examinations or inspections) relating to the Portfolio conducted by any state or federal governmental regulatory authority. (2) The Adviser agrees that it will promptly supply the Fund with copies of any material changes to any of the documents provided by the Adviser pursuant to Section 6(b).

Covenants of the Adviser. (1) The Adviser will promptly notify the Fund Trust in writing of the occurrence of any event which could have a material impact on the performance of its obligations pursuant to this Contract, including without limitation: (i) the occurrence of any event which could disqualify the Adviser from serving as an investment adviser of a registered investment company pursuant to Section 9(a) of the 1940 Act or otherwise; (ii) any material change in the Adviser's ’s overall business activities that may have a material adverse effect on the Adviser's ’s ability to perform under its obligations under this Contract; (iii) any event that would constitute a change in control of the Adviser; (iv) any change in the portfolio manager(s) of the PortfolioFund; (v) any proposed change or change in the representations made by the Adviser concerning the nature of the Adviser's ’s business plan; and (vi) the existence of any pending or threatened audit, investigation, complaint, examination or other inquiry (other than routine regulatory examinations or inspections) relating to the Portfolio Fund conducted by any state or federal governmental regulatory authority. (2) The Adviser agrees that it will promptly supply the Fund Trust with copies of any material changes to any of the documents provided by the Adviser pursuant to Section 6(b).

Covenants of the Adviser. (1) The Adviser will promptly notify the Fund in writing of the occurrence of any event which could have a material impact on the performance of its obligations pursuant to this Contract, including without limitation: (i) the occurrence of any event which could disqualify the Adviser from serving as an investment adviser of a registered investment company pursuant to Section 9(a) of the 1940 Act or otherwise; (ii) any material change in the Adviser's overall business activities that may have a material adverse effect on the Adviser's ability to perform under its obligations under this Contract; (iii) any event that would constitute a change in control of the Adviser; (iv) any change in the portfolio manager(s) of the Portfolio; (v) any proposed change or change in the representations made by the Adviser concerning the nature of the Adviser's business plan; : and (vi) the existence of any pending or threatened audit, investigation, complaint, examination or other inquiry (other than routine regulatory examinations or inspections) relating to the Portfolio conducted by any state or federal governmental regulatory authority. (2) The Adviser agrees that it will promptly supply the Fund with copies of any material changes to any of the documents provided by the Adviser pursuant to Section 6(b).