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.

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.

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.

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.