Common use of No Material Pending Actions Clause in Contracts

No Material Pending Actions. To the best of its knowledge, there are no material pending, threatened, or contemplated actions, suits, proceedings, or investigations before or by any court, governmental, administrative, or self-regulatory body, board of trade, exchange, or arbitration panel to which it or any of its directors, officers, senior executives, partners, shareholders, members, or principals, or any of its affiliates, is a party or to which its or any of its affiliates’ assets are subject, nor has it or any of its affiliates received any notice of an investigation, inquiry, or dispute by any court, governmental, administrative, or self-regulatory body, board of trade, exchange, or arbitration panel regarding any of its or their respective activities, in each case, which in the reasonable judgment of the Adviser, are expected to result in a material adverse effect on the Fund, the Adviser, or the Adviser’s ability to discharge its obligations under this Agreement or the Adviser’s investment management agreement with the Fund.

No Material Pending Actions. To the best of its knowledge, there are no material pending, threatened, or contemplated actions, suits, proceedings, or investigations before or by any court, governmental, administrative, administrative or self-regulatory body, board of trade, exchange, or arbitration panel to which it or any of its directors, officers, senior executives, partners, shareholders, members, members or principals, or any of its affiliates, affiliates is a party or to which it or its affiliates or any of its or its affiliates’ assets are subject, nor has it or any of its affiliates received any notice of an investigation, inquiry, or dispute by any court, governmental, administrative, or self-regulatory body, board of trade, exchange, or arbitration panel regarding any of its or their respective activities, in each case, which , in the reasonable judgment of the Sub-Adviser, are expected to result in a material adverse effect on the Fund, the Sub-Adviser, or the Adviser’s ability of the Sub-Adviser to manage the Allocated Portion or otherwise discharge its obligations under this Agreement or the Adviser’s investment management agreement with the FundAgreement.

No Material Pending Actions. To the best of its knowledge, there are no material pending, threatened, or contemplated actions, suits, proceedings, or investigations investigations, pending or threatened in writing, before or by any court, governmental, administrative, administrative or self-regulatory body, board of trade, exchange, or arbitration panel to which it or any of its directors, officers, senior executivesemployees, partners, shareholders, members, members or principals, or any of its affiliates, affiliates is a party or to which its or its affiliates or any of its or its affiliates’ assets are subject, nor has it or any of its affiliates received any written notice of an investigation, inquiry, or dispute by any court, governmental, administrative, or self-regulatory body, board of trade, exchange, or arbitration panel regarding any of its or their respective activities, in each case, activities which in the reasonable judgment of the Adviser, are might reasonably be expected to result in have a material adverse effect on the Fund, the Adviser, Fund or the Sub-Adviser (including any material adverse change in the Sub-Adviser’s financial or business prospects) or the Sub-Adviser’s ability to discharge perform its obligations under this Agreement or the Adviser’s investment management agreement with the FundAgreement.

No Material Pending Actions. To the best of its knowledge, there are no material pending, threatened, pending or contemplated threatened actions, suits, proceedings, or investigations before or by any court, governmental, administrative, administrative or self-regulatory body, board of trade, exchange, or arbitration panel to which it or any of its directors, officers, senior executivesemployees, partners, shareholders, members, members or principals, or any of its affiliates, affiliates is a party or to which it or its affiliates or any of its or its affiliates’ assets are subject, nor has it or any of its affiliates received any notice of an investigation, inquiry, investigation or dispute inquiry by any court, governmental, administrative, or self-regulatory body, board of trade, exchange, or arbitration panel regarding any of its or their respective activities, in each case, activities which in the reasonable judgment of the Adviser, are might reasonably be expected to result in a material adverse effect on the Fund, a material adverse change in the Sub-Adviser’s financial or business prospects, or which might reasonably be expected to materially impair the Sub-Adviser’s ability to discharge its obligations under this Agreement or the Adviser’s investment management agreement with the FundAgreement.

No Material Pending Actions. To the best of its knowledge, there are no material pending, threatened, or contemplated actions, suits, proceedings, or investigations before or by any court, governmental, administrative, or self-regulatory body, board of trade, exchange, or arbitration panel to which it or any of its directors, officers, senior executivesemployees, partners, shareholders, members, members or principals, or any of its affiliates, is a party or to which it or its affiliates or any of its or its affiliates’ assets are subject, nor has it or any of its affiliates received any notice of an investigation, inquiry, or dispute by any court, governmental, administrative, or self-regulatory body, board of trade, exchange, or arbitration panel regarding any of its or their respective activities, in each case, activities which in the reasonable judgment of the Adviser, are might reasonably be expected to result in a material adverse effect on the Fund, change in the Adviser, ’s financial or business prospects or which might reasonably be expected to materially impair the Adviser’s ability to discharge its obligations under this Agreement or the Adviser’s investment management agreement Advisory Agreement with the FundTrust.