Common use of PROVISION OF CERTAIN INFORMATION Clause in Contracts

PROVISION OF CERTAIN INFORMATION. a. The Subadviser will promptly notify the Adviser in writing of the occurrence of any of the following events: i. the Subadviser fails to be registered as an investment adviser under the Investment Advisers Act or under the laws of any jurisdiction in which the Subadviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement; ii. the Subadviser 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; and iii. any change in actual control or management of the Subadviser or the portfolio manager responsible for coordinating the day-to-day management of any Portfolio. b. The Adviser shall furnish to the Subadviser copies of the following documents: i. the resolutions of the Trust’s Board approving the engagement of the Subadviser as a subadviser to the Portfolio and approving the form of this Agreement; ii. current copies of the registration statement, Prospectus and Statement of Additional Information of the Trust relating to the Portfolio; iii. resolutions, policies and procedures adopted by the Trust’s Board in respect of the management or operation of the Portfolio; and iv. a list of affiliated brokers and underwriters and other affiliates for compliance with applicable provisions of the Investment Company Act. The Adviser shall furnish the Subadviser from time to time with copies, properly certified or otherwise authenticated, of all amendments of or supplements to the foregoing, if any. Such amendments or supplements to the items above shall be provided: (1) with respect to any material change that affects the management of the Portfolios’ assets, within sixty (60) days for items (i) and (ii) above and thirty (30) days for items (iii) and (iv) above in advance of the effectiveness of such amendment or supplement, and (2) with respect to any other changes, within a reasonable period of time such materials become available to the Adviser. Until so provided, the Subadviser may continue to rely on those documents previously provided.

PROVISION OF CERTAIN INFORMATION. a. The Subadviser will promptly notify the Adviser in writing of the occurrence of any of the following events: i. the Subadviser fails to be registered as an investment adviser under the Investment Advisers Act or under the laws of any jurisdiction in which the Subadviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement; ii. the Subadviser 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; and iii. any change in actual control or management of the Subadviser or the portfolio manager responsible for coordinating the day-to-day management of any Portfolio. b. The Adviser shall furnish to the Subadviser copies of the following documents: i. the resolutions of the Trust’s 's Board approving the engagement of the Subadviser as a subadviser to the Portfolio and approving the form of this Agreement; ii. current copies of the registration statement, Prospectus and Statement of Additional Information of the Trust relating to the Portfolio; iii. resolutions, policies and procedures adopted by the Trust’s 's Board in respect of the management or operation of the Portfolio; and iv. a list of affiliated brokers and underwriters and other affiliates for compliance with applicable provisions of the Investment Company Act. The Adviser shall furnish the Subadviser from time to time with copies, properly certified or otherwise authenticated, of all amendments of or supplements to the foregoing, if any. Such amendments or supplements to the items above shall be provided: (1) with respect to any material change that affects the management of the Portfolios’ ' assets, within sixty (60) days for items (i) and (ii) above and thirty (30) days for items (iii) and (iv) above in advance of the effectiveness of such amendment or supplement, and (2) with respect to any other changes, within a reasonable period of time such materials become available to the Adviser. Until so provided, the Subadviser may continue to rely on those documents previously provided.