Common use of Covenants of the Advisor Clause in Contracts

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission, event or that a change of circumstances has occurred, which would make the Advisor’s representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor’s Trading Approach, or (iii) the Advisor’s Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series J, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for Series J to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor’s Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption “EAGLE TRADING SYSTEMS, INC.” beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Advisory Agreement (WMT III Series G/J Trading Vehicle LLC)

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Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omissionomission or event, event or that a change of circumstances has occurred, which would make the Advisor’s representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor’s Trading Approach, Approach or (iii) the Advisor’s Past Performance Historypast performance history, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series Jthe Trading Vehicle, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for Series J the Trading Vehicle to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust Trading Vehicle and the Managing Owner with updated month-end capsule performance information relating to the Advisor’s Past Performance Historypast performance history, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption “EAGLE TRADING SYSTEMSBRIDGEWATER ASSOCIATES, INC.” beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it. Concurrently herewith the Advisor shall execute and deliver a consent, in the form and substance of Exhibit A hereto, with respect to the Prospectus.

Appears in 1 contract

Samples: Advisory Agreement (Futures Strategic Trust)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omissionomission or event, event or that a change of circumstances has occurred, which would make the Advisor’s 's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor’s 's Trading Approach, Approach or (iii) the Advisor’s 's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series Jthe Trust, the Managing Owner and the Selling Agent Prudential Securities of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for Series J the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any the Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling AgentPrudential Securities, the Trust and the Managing Owner with updated month-end information relating to the Advisor’s 's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption “EAGLE TRADING SYSTEMS, INC.” "SERIES E -- Past Performance For All Of Its Clients" beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Representation Agreement (World Monitor Trust Ii Series E)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, fact or omission, or any event or that a change of circumstances has occurred, occurred which would make the Advisor’s 's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor’s 's Trading Approach, or (iii) the Advisor’s 's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series Jthe Trust, the Managing Owner and the Selling Agent Prudential Securities of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing representations and warranties during the term of the Advisory Agreement as soon as possible within a reasonable time following such notification shall be cause for Series J the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any Continuous Subsequent Offering Period (as those terms are described defined in the Prospectus), it will provide the Selling AgentPrudential Securities, the Trust and the Managing Owner with updated month-end information relating to the Advisor’s 's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption “EAGLE TRADING SYSTEMS, INC.” "Past Performance Information - Series B " beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Representation Agreement (World Monitor Trust Series B)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission, event or that a change of circumstances has occurred, which would make the Advisor’s representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor’s Trading Approach, or (iii) the Advisor’s Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series J, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for Series J to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor’s Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption “EAGLE TRADING SYSTEMS, INC.ORTUS CAPITAL MANAGEMENT LIMITED” beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Advisory Agreement (WMT III Series G/J Trading Vehicle LLC)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, fact or omission, or any event or that a change of circumstances has occurred, occurred which would make the Advisor’s 's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor’s 's Trading Approach, or (iii) the Advisor’s 's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series Jthe Trust, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing representations and warranties during the term of the Advisory Agreement as soon as possible within a reasonable time following such notification shall be cause for Series J the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any Continuous Subsequent Offering Period (as those terms are described defined in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor’s 's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption “EAGLE TRADING SYSTEMS, INC.” ["Past Performance Information - Series I"] beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Advisory Agreement (World Monitor Trust III)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omissionomission or event, event or that a change of circumstances has occurred, which would make the Advisor’s 's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor’s 's Trading Approach, Approach or (iii) the Advisor’s 's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series Jthe Trust, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing Foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for Series J the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any the Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor’s 's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption “EAGLE TRADING SYSTEMS, INC.” "SERIES G - Past Performance For All Of Its Clients" beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Advisory Agreement (World Monitor Trust III)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission, event or that a change of circumstances has occurred, which would make the Advisor’s 's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor’s 's Trading Approach, or (iii) the Advisor’s 's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series Jthe Trading Vehicle, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for Series J the Trading Vehicle to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor’s 's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "EAGLE TRADING SYSTEMS, INC." beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Advisory Agreement (World Monitor Trust III)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omissionomission or event, event or that a change of circumstances has occurred, which would make the Advisor’s 's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor’s 's Trading Approach, Approach or (iii) the Advisor’s Past Performance History's past performance history, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series Jthe Trading Vehicle, the Trust, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for Series J the Trading Vehicle to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor’s Past Performance History's past performance history, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption “EAGLE TRADING SYSTEMS"GRAHAM CAPITAL MANAGEMENT, INC.” L.P." beyond the periods disclosed thereinthereix. The Xxx Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Advisory Agreement (World Monitor Trust III)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omissionomission or event, event or that a change of circumstances has occurred, which would make the Advisor’s 's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor’s 's Trading Approach, Approach or (iii) the Advisor’s Past Performance History's past performance history, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series Jthe Trading Vehicle, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for Series J the Trading Vehicle to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust Trading Vehicle and the Managing Owner with updated month-end capsule performance information relating to the Advisor’s Past Performance History's past performance history, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption “EAGLE TRADING SYSTEMS"BRIDGEWATER ASSOCIATES, INC." beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it. Concurrently herewith the Advisor shall execute and deliver a consent, in the form and substance of Exhibit A hereto, with respect to the Prospectus.

Appears in 1 contract

Samples: Advisory Agreement (World Monitor Trust III)

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Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omissionomission or event, event or that a change of circumstances has occurred, which would make the Advisor’s 's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor’s 's Trading Approach, Approach or (iii) the Advisor’s 's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series Jthe Trust, the Managing Owner and the Selling Agent Prudential Securities of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for Series J the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any the Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling AgentPrudential Securities, the Trust and the Managing Owner with updated month-end information relating to the Advisor’s 's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption “EAGLE TRADING SYSTEMS, INC.” "SERIES F -- Past Performance For All Of Its Clients" beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Representation Agreement (World Monitor Trust Ii Series F)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, fact or omission, or any event or that a change of circumstances has occurred, occurred which would make the Advisor’s 's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor’s 's Trading Approach, or (iii) the Advisor’s 's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series Jthe Trust, the Managing Owner and the Selling Agent Prudential Securities of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing representations and warranties during the term of the Advisory Agreement as soon as possible within a reasonable time following such notification shall be cause for Series J the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any Continuous Subsequent Offering Period (as those terms are described defined in the Prospectus), it will provide the Selling AgentPrudential Securities, the Trust and the Managing Owner with updated month-end information relating to the Advisor’s 's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption “EAGLE TRADING SYSTEMS, INC.” "Past Performance Information - Series C " beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Representation Agreement (World Monitor Trust Series C)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omissionomission or event, event or that a change of circumstances has occurred, which would make the Advisor’s representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to to (i) the Advisor or its principals, (ii) the Advisor’s Trading Approach, Approach or (iii) the Advisor’s Past Performance Historypast performance history, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series J, the Trust, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for Series J to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor’s Past Performance Historypast performance history, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption “EAGLE TRADING SYSTEMSXXXXXX CAPITAL MANAGEMENT, INC.L.P.” beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Advisory Agreement (World Monitor Trust III - Series J)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omissionomission or event, event or that a change of circumstances has occurred, which would make the Advisor’s representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor’s Trading Approach, Approach or (iii) the Advisor’s Past Performance Historypast performance history, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series J, the Trust, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for Series J to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor’s Past Performance Historypast performance history, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption “EAGLE TRADING SYSTEMSXXXXXX CAPITAL MANAGEMENT, INC.L.P.” beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Advisory Agreement (World Monitor Trust III - Series J)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omissionomission or event, event or that a change of circumstances has occurred, which would make the Advisor’s 's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor’s 's Trading Approach, Approach or (iii) the Advisor’s 's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series Jthe Trust, the Managing Owner and the Selling Agent Prudential Securities of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing representations and warranties during the term of the Advisory Agreement as soon as possible practicable following such notification shall be cause for Series J the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any the Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling AgentPrudential Securities, the Trust and the Managing Owner with updated month-end information relating to the Advisor’s 's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption “EAGLE TRADING SYSTEMS, INC.” "SERIES F -- Past Performance For All Of Its Clients" beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Representation Agreement (World Monitor Trust Ii Series F)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omissionomission or event, event or that a change of circumstances has occurred, which would make the Advisor’s 's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor’s 's Trading Approach, Approach or (iii) the Advisor’s 's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series Jthe Trust, the Managing Owner and the Selling Agent Prudential Securities of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for Series J the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during any the Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling AgentPrudential Securities, the Trust and the Managing Owner with updated month-end information relating to the Advisor’s 's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption “EAGLE TRADING SYSTEMS, INC.” "SERIES D -- Past Performance For All Of Its Clients" beyond the periods disclosed therein. The Advisor shall use its best reasonable efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Representation Agreement (World Monitor Trust Ii Series D)

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