Common use of NO SHORTING; NO BORROWING Clause in Contracts

NO SHORTING; NO BORROWING. The Adviser agrees that neither it nor any of its officers or employees shall take any short position in the shares of the Fund. This prohibition shall not prevent the purchase of such shares by any of the officers or employees of the Adviser or any trust, pension, profit-sharing or other benefit plan for such persons or affiliated persons thereof, at a price not less than the net asset value thereof at the time of purchase, as allowed pursuant to rules promulgated under the 1940 Act. The Adviser agrees that neither it nor any of its officers or employees shall borrow from a Fund or pledge or use the Fund’s assets in connection with any borrowing not directly for the Fund’s benefit.

Appears in 19 contracts

Samples: Investment Advisory Agreement (Tortoise Capital Series Trust), Investment Advisory Agreement (Managed Portfolio Series), Investment Advisory Agreement (Total Fund Solution)

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NO SHORTING; NO BORROWING. The Adviser agrees that neither it nor any of its officers or employees shall take any short position in the shares of the Fund. This prohibition shall not prevent the purchase of such shares by any of the officers or employees of the Adviser or any trust, pension, profit-sharing or other benefit plan for such persons or affiliated persons affiliates thereof, at a price not less than the net asset value thereof at the time of purchase, as allowed pursuant to rules promulgated under the 1940 Investment Company Act. The Adviser agrees that neither it nor any of its officers or employees shall borrow from a the Fund or pledge or use the Fund’s 's assets in connection with any borrowing not directly for the Fund’s 's benefit. For this purpose, failure to pay any amount due and payable to the Fund for a period of more than thirty (30) days shall constitute a borrowing.

Appears in 18 contracts

Samples: Investment Advisory Agreement (Advisors Series Trust), Investment Advisory Agreement (Kinetics Mutual Funds Inc), Investment Advisory Agreement (Advisors Series Trust)

NO SHORTING; NO BORROWING. The Adviser agrees that neither it nor any of its officers or employees shall take any short position in the shares of the Fund. This prohibition shall not prevent the purchase of such shares by any of the officers or employees of the Adviser or any trust, pension, profit-sharing or other benefit plan for such persons or affiliated persons affiliates thereof, at a price not less than the net asset value thereof at the time of purchase, as allowed pursuant to rules promulgated under the 1940 Investment Company Act. The Adviser agrees that neither it nor any of its officers or employees shall borrow from a the Fund or pledge or use the Fund’s assets in connection with any borrowing not directly for the Fund’s benefit.

Appears in 9 contracts

Samples: Investment Advisory Agreement (Azzad Funds), Investment Advisory Agreement (Saratoga Advantage Trust), Investment Advisory Agreement (Saratoga Advantage Trust)

NO SHORTING; NO BORROWING. The Adviser agrees that neither it nor any of its officers or employees shall take any short position in the shares of the FundFunds. This prohibition shall not prevent the purchase of such shares by any of the officers or employees of the Adviser or any trust, pension, profit-sharing or other benefit plan for such persons or affiliated persons affiliates thereof, at a price not less than the net asset value thereof at the time of purchase, as allowed pursuant to rules promulgated under the 1940 Investment Company Act. The Adviser agrees that neither it nor any of its officers or employees shall borrow from a Fund the Funds or pledge or use the Fund’s Funds’ assets in connection with any borrowing not directly for the Fund’s Funds’ benefit. For this purpose, failure to pay any amount due and payable to the Funds for a period of more than thirty (30) days shall constitute a borrowing.

Appears in 7 contracts

Samples: Investment Advisory Agreement (Professionally Managed Portfolios), Investment Advisory Agreement (Trust for Professional Managers), Investment Advisory Agreement (Professionally Managed Portfolios)

NO SHORTING; NO BORROWING. The Adviser agrees that neither it nor any of its officers or employees shall will take any short position in the shares of the Fund. This prohibition shall will not prevent the purchase of such shares by any of the officers or employees of the Adviser or any trust, pension, profit-sharing or other benefit plan for such persons or affiliated persons affiliates thereof, at a price not less than the net asset value thereof at the time of purchase, as allowed pursuant to rules promulgated under the 1940 Act. The Adviser agrees that neither it nor any of its officers or employees shall will borrow from a the Fund or pledge or use the Fund’s assets in connection with any borrowing not directly and exclusively for the Fund’s benefit.

Appears in 4 contracts

Samples: Investment Advisory Agreement (Bluestone Community Development Fund), Interim Investment Advisory Agreement (Bluestone Community Development Fund), Investment Advisory Agreement (Bluestone Community Development Fund)

NO SHORTING; NO BORROWING. The Adviser agrees that neither it nor any of its officers or employees shall will take any short position in the shares of the Fund. This prohibition shall will not prevent the purchase of such shares by any of the officers or employees of the Adviser or any trust, pension, profit-sharing or other benefit plan for such persons or affiliated persons affiliates thereof, at a price not less than the net asset value thereof at the time of purchase, as allowed pursuant to rules promulgated under the 1940 Act. The Adviser agrees that neither it nor any of its officers or employees shall will borrow from a Fund or pledge or use the Fund’s assets in connection with any borrowing not directly for the Fund’s benefit.

Appears in 2 contracts

Samples: Investment Advisory Agreement (USFS Funds Trust), Investment Advisory Agreement (USFS Funds Trust)

NO SHORTING; NO BORROWING. The Adviser agrees that neither it nor any of its officers or employees shall take any short position in the shares of the Fund. This prohibition shall not prevent the purchase of such shares by any of the officers or employees of the Adviser or any trust, pension, profit-sharing or other benefit plan for such persons or affiliated persons affiliates thereof, at a price not less than the net asset value thereof at the time of purchase, as allowed pursuant to rules promulgated under the 1940 Investment Company Act. The Adviser agrees that neither it nor any of its officers or employees shall borrow from a the Fund or pledge or use the Fund’s assets in connection with any borrowing not directly for the Fund’s benefit. For this purpose, failure to pay any amount due and payable to the Fund for a period of more than 30 days shall constitute a borrowing.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Professionally Managed Portfolios), Interim Investment Advisory Agreement (Trust for Professional Managers)

NO SHORTING; NO BORROWING. The Adviser agrees that neither it nor any of its officers or employees shall take any short position in the shares of the any Fund. This prohibition shall not prevent the purchase of such shares by any of the officers or employees of the Adviser or any trust, pension, profit-profit- sharing or other benefit plan for such persons or affiliated persons affiliates thereof, at a price not less than the net asset value thereof at the time of purchase, as allowed pursuant to rules promulgated under the 1940 Investment Company Act. The Adviser agrees that neither it nor any of its officers or employees shall borrow from a any Fund or pledge or use the any Fund’s assets in connection with any borrowing not directly for the Fund’s benefit.. For this purpose,

Appears in 1 contract

Samples: Investment Advisory Agreement (Advisor Managed Portfolios)

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NO SHORTING; NO BORROWING. The Adviser agrees that neither it nor any of its officers or employees shall take any short position in the shares of the FundFunds. This prohibition shall not prevent the purchase of such shares by any of the officers or employees of the Adviser or any trust, pension, profit-sharing or other benefit plan for such persons or affiliated persons affiliates thereof, at a price not less than the net asset value thereof at the time of purchase, as allowed pursuant to rules promulgated under the 1940 Investment Company Act. The Adviser agrees that neither it nor any of its officers or employees shall borrow from a Fund the Funds or pledge or use the a Fund’s assets in connection with any borrowing not directly for the Fund’s Funds’ benefit. For this purpose, failure to pay any amount due and payable to a Fund for a period of more than thirty (30) days shall constitute a borrowing.

Appears in 1 contract

Samples: Investment Advisory Agreement (Trust for Professional Managers)

NO SHORTING; NO BORROWING. The Adviser agrees that neither it nor any of its officers or employees shall will take any short position in the shares of the Fund. This prohibition shall will not prevent the purchase of such shares by any of the officers or employees of the Adviser or any trust, pension, profit-sharing or other benefit plan for such persons or affiliated persons affiliates thereof, at a price not less than the net asset value thereof at the time of purchase, as allowed pursuant to rules promulgated under the 1940 Act. The Adviser agrees that neither it nor any of its officers or employees shall will borrow from a the Fund or pledge or use the Fund’s assets in connection with any borrowing not directly for the Fund’s benefit.

Appears in 1 contract

Samples: Investment Advisory Agreement (Pennant 504 Fund)

NO SHORTING; NO BORROWING. The Adviser agrees that neither it nor any of its officers or employees shall take any short position in the shares of the FundFunds. This prohibition shall not prevent the purchase of such shares by any of the officers or employees of the Adviser or any trust, pension, profit-sharing or other benefit plan for such persons or affiliated persons affiliates thereof, at a price not less than the net asset value thereof at the time of purchase, as allowed pursuant to rules promulgated under the 1940 Investment Company Act. The Adviser agrees that neither it nor any of its officers or employees shall borrow from a Fund the Funds or pledge or use the a Fund’s assets in connection with any borrowing not directly for the Fund’s benefit. For this purpose, failure to pay any amount due and payable to a Fund for a period of more than thirty (30) days shall constitute a borrowing.

Appears in 1 contract

Samples: Investment Advisory Agreement (Trust for Professional Managers)

NO SHORTING; NO BORROWING. The Adviser agrees that neither it nor any of its officers or employees shall take any short position in the shares of the Fund. This prohibition shall not prevent the purchase of such shares by any of the officers or employees of the Adviser or any trust, pension, profit-sharing or other benefit plan for such persons or affiliated persons affiliates thereof, at a price not less than the net asset value thereof at the time of purchase, as allowed pursuant to rules promulgated under the 1940 Act. The Adviser agrees that neither it nor any of its officers or employees shall borrow from a Fund or pledge or use the Fund’s assets (not to include such officer’s or employee’s personal assets) in connection with any borrowing not directly for the Fund’s benefit.

Appears in 1 contract

Samples: Investment Advisory Agreement (Managed Portfolio Series)

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