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 or 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 the 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 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, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "GRAHAM CAPITAL MANAGEMENT, L.P." beyond the periods disclosed thereix. 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)

AutoNDA by SimpleDocs

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or eventomission, 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 the 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 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 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 "GRAHAM CAPITAL MANAGEMENTEAGLE TRADING SYSTEMS, L.P.INC." beyond the periods disclosed thereixtherein. Xxx 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 or 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 the Trading VehicleSeries 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 the Trading Vehicle 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 ’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 "GRAHAM “XXXXXX CAPITAL MANAGEMENT, L.P." beyond the periods disclosed thereixtherein. Xxx 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, omission or 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 historyPast Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the 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 Foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for the Trading Vehicle 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 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 "GRAHAM CAPITAL MANAGEMENT, L.P.SERIES G - Past Performance For All Of Its Clients" beyond the periods disclosed thereixtherein. Xxx 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 or eventomission, 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 the Trading Vehicle, the TrustSeries 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 the Trading Vehicle 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’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 "GRAHAM “ORTUS CAPITAL MANAGEMENT, L.P." MANAGEMENT LIMITED” beyond the periods disclosed thereixtherein. Xxx 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, omission or 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 the 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 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 ’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 "GRAHAM CAPITAL MANAGEMENT“BRIDGEWATER ASSOCIATES, L.P." INC.” beyond the periods disclosed thereixtherein. Xxx 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, omission or 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 historyPast Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the Trading Vehicle, the 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 the Trading Vehicle 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 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 "GRAHAM CAPITAL MANAGEMENT, L.P.SERIES F -- Past Performance For All Of Its Clients" beyond the periods disclosed thereixtherein. Xxx 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)

AutoNDA by SimpleDocs

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or 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 historyPast Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the Trading Vehicle, the 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 the Trading Vehicle 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 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 "GRAHAM CAPITAL MANAGEMENT, L.P.SERIES F -- Past Performance For All Of Its Clients" beyond the periods disclosed thereixtherein. Xxx 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, omission or 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 historyPast Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the Trading Vehicle, the 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 the Trading Vehicle 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 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 "GRAHAM CAPITAL MANAGEMENT, L.P.SERIES E -- Past Performance For All Of Its Clients" beyond the periods disclosed thereixtherein. Xxx 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, omission or 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 the 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 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, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "GRAHAM CAPITAL MANAGEMENTBRIDGEWATER ASSOCIATES, L.P.INC." beyond the periods disclosed thereixtherein. Xxx 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)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or 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 historyPast Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the Trading Vehicle, the 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 the Trading Vehicle 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 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 "GRAHAM CAPITAL MANAGEMENT, L.P.SERIES D -- Past Performance For All Of Its Clients" beyond the periods disclosed thereixtherein. Xxx 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)

Time is Money Join Law Insider Premium to draft better contracts faster.