Investment Advisory Contracts Sample Clauses

Investment Advisory Contracts. The Trustees may, in their discretion, from time to time, enter into an investment advisory or management contract or contracts with respect to the Trust or any Series; provided, however, that the initial approval and entering into of such contract or contracts shall be subject to a Majority Shareholder Vote, if required by the 1940 Act. Notwithstanding any other provision of this Trust Instrument, the Trustees may authorize any investment adviser (subject to such general or specific instructions as the Trustees from time to time may adopt) to effect purchases, sales or exchanges of portfolio securities, other investment instruments of the Trust, or other Trust Property on behalf of the Trustees, or may authorize any officer, agent, or Trustee to effect such purchases, sales, or exchanges pursuant to recommendations of the investment adviser (and all without further action by the Trustees). Any such purchases, sales, and exchanges shall be deemed to have been authorized by all of the Trustees. The Trustees may authorize, subject to applicable requirements of the 1940 Act, including those relating to Shareholder approval, the investment adviser to employ, from time to time, one or more sub-advisers to perform such of the acts and services of the investment adviser, and upon such terms and conditions, as may be agreed upon between the investment adviser and sub-adviser. Any reference in this Trust Instrument to the investment adviser shall be deemed to include such sub-advisers, unless the context otherwise requires.

Investment Advisory Contracts. 13 Section 2.

Investment Advisory Contracts. Each of Company and each Client is in compliance in all material respects with the terms and conditions of each Client’s Investment Advisory Contract to which it is a party.

Investment Advisory Contracts. Each of MIGRA and AERC shall use its reasonable efforts (which shall not include the payment of money) to obtain, prior to the Closing Date, the consent of the applicable parties to the Relevant Contracts to the assignment of the Relevant Contracts to AERC or, within 90 days of the Closing Date to enter into the New Relevant Contracts.

Investment Advisory Contracts. (a) Set forth on Schedule 3.10 (a) is a list of the ---------------- Company's Investment Advisory Contracts as of the date hereof. (b) Except as set forth in Schedule 3.10(b), each of the ---------------- Investment Advisory Contracts is in full force and effect and is valid and enforceable in accordance with its terms. Except as set forth in Schedule -------- 3.10 (i) The Company is in material compliance with all applicable terms and requirements of each Investment Advisory Contract; (ii) Each other Person that has or had any obligation or liability under any Investment Advisory Contract is in material compliance with all applicable terms and requirements of such Investment Advisory Contract; (iii) To the Knowledge of Company and Unified, no event has occurred or circumstance exists that (with or without notice or lapse of time or both) may contravene, conflict with, or result in a violation or breach of, or give the Company or any other Person the right to declare a default or exercise any remedy under, or to accelerate the maturity or performance of, or to cancel, terminate, or modify, any Investment Advisory Contract; (iv) The Company has not given to or received from any other Person any notice or other communication (whether oral or written) regarding any actual, alleged, possible, or potential violation or breach of, or default under, any Investment Advisory Contract; (v) There are no renegotiations of, attempts to renegotiate, or outstanding rights to renegotiate any material amounts paid or payable to the Company under any Investment Advisory Contract, and no such Person has made written demand for such renegotiation; and (vi) The Investment Advisory Contracts have been entered into in the ordinary course of business and have been entered into without the commission of any act alone or in concert with any other Person, or any consideration having been paid or promised, that is or would be in violation of any Law or Order.

Investment Advisory Contracts. The Directors may in their discretion from time to time cause the Company to enter into one or more investment advisory contracts or, if the Directors establish multiple Classes, separate investment advisory contracts with respect to one or more Classes whereby the other party or parties to any such contracts shall undertake to furnish the Company with management, investment advisory and such other facilities and services, if any, as the Directors shall from time to time consider desirable and all upon such terms and conditions as the Directors may in their discretion determine. Notwithstanding any provisions of this Agreement to the contrary, the Directors may authorize, and delegate the right and power to, the Investment Adviser(s) or Persons to whom the Investment Adviser(s) delegates certain or all of its duties, or any of them, under any such contracts (subject to such general or specific instructions as the Directors may from time to time adopt) to effect purchases, sales, loans or exchanges of portfolio securities and other investments of the Company on behalf of the Directors or may authorize any officer, employee or Director to effect such purchases, sales, loans or exchanges pursuant to recommendations of such Investment Adviser(s), or any of them (and all without further action by the Directors). Any such purchases, sales, loans and exchanges shall be deemed to have been authorized by all of the Directors.