Common use of PROVISION OF CERTAIN INFORMATION BY ADVISER Clause in Contracts

PROVISION OF CERTAIN INFORMATION BY ADVISER. The Adviser will promptly notify the Manager in writing of the occurrence of any of the following events: A. the Adviser fails to be registered as an investment adviser under the Advisers Act or under the laws of any jurisdiction in which the Adviser is required to be registered as an investment adviser in order to perform its obligations under the Agreement; B. the Adviser is served or otherwise receives notice of any action, suit, proceeding, inquiry, or investigation, at law or in equity, before or by any court, public board, or body, involving the affairs of the Trust (excluding class action suits in which the Trust is a member of the plaintiff class by reason of the Portfolio’s ownership of shares in the defendant); and/or C. the chief executive officer or controlling stockholder of the Adviser or the portfolio managers of the Portfolio changes or there is otherwise an actual change in control or a material change in management of the Adviser.

PROVISION OF CERTAIN INFORMATION BY ADVISER. The Adviser will promptly notify the Manager in writing of the occurrence of any of the following events: A. the Adviser fails to be registered as an investment adviser a bank under Section 202(a)(2) of the Advisers Act or ceases to be exempt under the Advisers Act or under from the laws of any jurisdiction in which the Adviser is required to be registered as an registration and annual Form ADV filing requirements for investment adviser in order to perform its obligations under the Agreementadvisers; B. the Adviser is served or otherwise receives notice of any action, suit, proceeding, inquiry, or investigation, at law or in equity, before or by any court, public board, or body, involving the affairs of the Trust (excluding class action suits in which the Trust is a member of the plaintiff class by reason of the Portfolio’s 's ownership of shares in the defendant); and/or C. the chief executive officer or controlling stockholder of the Adviser or the portfolio managers of the Portfolio changes or there is otherwise an actual change in control or a material change in management of the Adviser.

PROVISION OF CERTAIN INFORMATION BY ADVISER. The Adviser will promptly notify the Manager in writing of the occurrence of any of the following events: A. the Adviser fails to be registered as an investment adviser under the Advisers Act or under the laws of any jurisdiction in which the Adviser is required to be registered as an investment adviser in order to perform its obligations under the Agreement; B. the Adviser is served or otherwise receives notice of any action, suit, proceeding, inquiry, or investigation, at law or in equity, before or by any court, public board, or body, involving the affairs of the Trust (excluding class action suits in which the Trust is a member of the plaintiff class by reason of the Portfolio’s 's ownership of shares in the defendant); and/or C. the chief executive officer or controlling stockholder of the Adviser or the portfolio managers of the Portfolio changes or there is otherwise an actual change in control or a material change in management of the Adviser.