Multiple Capacities. Nothing contained in this Agreement shall be deemed to prohibit you from acting, and being separately compensated for acting, in one or more capacities on behalf of the Trust, including, but not limited to, the capacities of adviser, administrator, broker and distributor. The Trust understands that you may act in one or more such capacities on behalf of other investment companies and customers. You shall give the Trust equitable treatment under the circumstances in supplying services in any capacity, but the Trust recognizes that it is not entitled to receive preferential treatment from you as compared with the treatment given to any other investment company or customer. Whenever you shall act in multiple capacities on behalf of the Trust, you shall maintain the appropriate separate account and records for each such capacity.
Multiple Capacities. The Fund understands that the Adviser may act in one or more capacities on behalf of other investment companies and customers. While information and recommendations supplied to the Fund shall, in the Adviser’s judgment, be appropriate under the circumstances and in light of the investment objective of the Fund, they may be different from the information and recommendations supplied by the Adviser or such affiliate to other investment companies and customers. The Adviser shall give the Fund equitable treatment under the circumstances in receiving information, recommendations and any other services requested of the Adviser, but the Adviser shall not be required to give preferential treatment to the Fund as compared with the treatment given by the Adviser to any other investment company or customer.
Multiple Capacities. JPMorgan Chase is serving in the following capacities for the benefit of BAFC: Administrative Agent,
Multiple Capacities. Nothing in this Agreement shall be deemed to prohibit you or your affiliates from acting, and being separately compensated for acting, in one or more capacities on behalf of the Trust. The Trust understands that you and your affiliates may, in the future, act as investment manager or in other capacities on behalf of other investment companies and customers. While information and recommendations you supply to the Trust shall in your judgment be appropriate under the circumstances and in light of the investment objectives and policies of the Trust, they may be different from the information and recommendations you supply to other investment companies and customers. You shall give the Trust equitable treatment under the circumstances in supplying information, recommendations and any other services requested of you, but you shall not be required to give preferential treatment to the Trust as compared with the treatment given to any other investment company or customer. Whenever you shall act in multiple capacities on behalf of the Trust, you shall maintain the appropriate separate accounts and records for each such capacity.
Multiple Capacities. Except to the extent necessary for performance of the Adviser's obligations hereunder, nothing shall restrict the Adviser's right or the right of any of the Adviser's directors, officers or employees who may be directors, officers or employees of the Company to engage in any other business or to devote time and attention to the management or other aspects of any other business whether of a similar or dissimilar nature or to render services of any kind to any other corporation, firm, individual or association. The Company understands that the Adviser now acts and will continue to act as an investment adviser to another registered investment company and may act in the future as an investment adviser to fiduciary and other managed accounts and investment companies. The Company has no objection to the Adviser so acting, provided that whenever the Company and one or more other investment companies or accounts advised by the Adviser have available funds for investment, investments suitable and appropriate for each will be allocated in accordance with a formula believed to be equitable to each company and account. The Company recognizes that in some cases this procedure may adversely affect the size of the positions obtainable and the prices realized for the Company. It is understood and agreed that the directors, officers, agents, employees and stockholders of the Company may be interested in the Adviser as directors, officers, stockholders, employees, agents or otherwise, and that the directors, officers, agents, employees and stockholders of the Adviser may be interested in the Company as a stockholder or otherwise.
Multiple Capacities. Distributor shall give the Company equitable treatment under the circumstances in supplying services in any capacity, but the Company recognizes that it is not entitled to receive preferential treatment from Distributor as compared with the treatment given to any other investment company or customer. Whenever Distributor shall act in multiple capacities on behalf of the Company, Distributor shall maintain the appropriate separate account and records for each such capacity.
Multiple Capacities. Except to the extent necessary for performance of your obligations hereunder, nothing shall restrict your right or any of your directors, officers or employees who may be directors, officers or employees of the Company to engage in any other business or to devote time and attention to the management or other aspects of any other business whether of a similar or dissimilar nature or to render services of any kind to any other corporation, firm, individual or association. It is understood and agreed that the directors, officers, agents, employees and shareholders of the Company may be interested in your company as directors, officers, shareholders, employees, agents or otherwise, and the directors, officers, agents, employees and shareholders of your company may be interested in the Company as a shareholder or otherwise.
Multiple Capacities a. Nothing contained in this Agreement will prohibit you from acting and being separately compensated for acting, in one or more capacities on behalf of the Trust including, but not limited to, the capacities of administrator, broker and distributor. The Trust understands that you may act as investment adviser or in other capacities on behalf of other investment companies and customers. While information and recommendations you supply to the Fund will in your judgment be appropriate under the circumstances and in light of the investment objectives of the Fund, they may be different from the information and recommendations you supply to other investment companies and customers. You will give the Fund equitable treatment under the circumstances in supplying information, recommendations and any other services requested of you, but you will not be required to give preferential treatment to the Fund as compared with the treatment given to any other investment company or customer. Whenever you will act in multiple capacities on behalf of the Fund, you will maintain the appropriate separate accounts and records for each such capacity. All information and advice supplied by you to the Fund hereunder will be for its own use exclusively.
b. Nothing in this Agreement will in any way limit or restrict you or any of your officers, directors, or employees from buying, selling or trading in any securities for your or their own accounts or other accounts.
c. When you deem the purchase or sale of a security to be in the best interest of the Fund as well as other clients, you may, to the extent permitted by applicable laws and regulations, but shall be under no obligations to, aggregate the securities to be sold or purchased in order to obtain the best execution and lower brokerage commissions, if any. In such event, you will allocate the securities so purchased or sold, as well as the expenses incurred in the transaction, in the manner you consider to be the most equitable and consistent with your fiduciary obligations to the Fund and to your other clients.
d. You are an independent contractor and not an employee of the Trust for any purpose. If you ever give any advice to your clients concerning the shares of the Trust, you will act solely as investment counsel for such clients and not in any way on behalf of the Trust or the Fund.
Multiple Capacities. Where any Transaction Party acts in more than one capacity under a Transaction Document, the provisions of that Transaction Document shall apply to such person as though it were a separate party in each such capacity.
Multiple Capacities. Distributor shall give the Trust equitable treatment under the circumstances in supplying services in any capacity, but the Trust recognizes that it is not entitled to receive preferential treatment from Distributor as compared with the treatment given to any other investment company or customer. Whenever Distributor shall act in multiple capacities on behalf of the Trust, Distributor shall maintain the appropriate separate account and records for each such capacity.
