Regulatory Communications and Notices. The Sub-Adviser shall promptly provide notice to the Adviser regarding any inspections, notices or inquiries from any governmental, administrative or self-regulatory agency, including without limitation, any deficiency letter, responses to deficiency letters or similar communications or actions relating to (i) the Sub-Adviser’s management of the Allocated Portion or that otherwise relate to the Fund or (ii) that involve matters that could reasonably be viewed as material to the Sub-Adviser’s ability to provide services to the Fund. To the extent that such inspections, notices, or inquiries relate to the Fund, the Sub-Adviser shall promptly make available such documents to the Adviser unless, in the opinion of the Sub-Adviser’s counsel, the Sub-Adviser would be legally prohibited from doing so.
Regulatory Communications and Notices. The Sub-Adviser shall promptly notify the Adviser regarding any inspections, notices or inquiries from any governmental, administrative or self-regulatory agency, including without limitation, any deficiency letter, responses to deficiency letters or similar communications or actions (i) relating to the Sub-Adviser’s management of the Allocated Portion or that otherwise relate to the Fund or (ii) that involve matters that could reasonably be viewed as material to the Sub-Adviser’s ability to provide services to the Fund. To the extent that such inspections, notices, or inquiries relate to the Fund, the Sub-Adviser shall promptly make available such documents to the Adviser unless, in the opinion of the Sub-Adviser’s counsel, the Sub-Adviser would be legally prohibited from doing so. Notwithstanding the foregoing, the Sub-Adviser shall not be required to provide the Adviser notice of any routine exams or sweep exams conducted by any governmental, administrative or self-regulatory agency unless such exams (i) relate to the Sub-Adviser’s management of the Allocated Portion or that otherwise relate to the Fund or (ii) that involve matters that could reasonably be viewed as material to the Sub-Adviser’s ability to provide services to the Fund.
Regulatory Communications and Notices. The Sub-Adviser shall promptly provide notice to the Adviser regarding any non-routine inspections, notices or inquiries from any governmental, administrative or self-regulatory agency, including without limitation, any deficiency letter, responses to deficiency letters or similar communications relating to the Sub-Adviser’s management of the Allocated Portion or that could be viewed as materials to the Sub-Adviser’s ability to provide services to the Fund.
Regulatory Communications and Notices. The Sub-Adviser shall, as promptly as reasonably practicable, provide notice to the Adviser regarding any inspections, notices or inquiries from any governmental, administrative or self-regulatory agency relating to (i) the Sub-Adviser’s management of the Allocated Portion or that otherwise specifically relate to the Fund or (ii) matters that could reasonably be viewed as material to the Sub-Adviser’s ability to provide services to the Fund, including without limitation, any deficiency letter, responses to deficiency letters or similar communications or actions. To the extent that such inspections, notices, or inquiries relate to the Fund, the Sub-Adviser shall, as promptly as reasonably practicable, make available to the Adviser an explanation of any material findings in any such documents unless, in the opinion of the Sub-Adviser’s counsel, the Sub-Adviser would be legally prohibited from doing so or doing so would jeopardize its attorney-client privilege.
Regulatory Communications and Notices. The Sub-Adviser shall promptly provide notice to the Adviser regarding any inspections, notices or inquiries from any governmental, administrative or self-regulatory agency, including without limitation, any deficiency letter, responses to deficiency letters or similar communications or actions concerning, or potentially impacting, the Fund, the Allocated Portion, or the Sub-Adviser’s activities in connection with the Fund or the Allocated Portion, including without limitation, any deficiency letter, responses to deficiency letters, or similar communications or actions. Upon request, the Sub-Adviser shall promptly make available such documents to the Adviser (except where prohibited by applicable law).
Regulatory Communications and Notices. The Sub-Adviser shall promptly provide notice to the Adviser regarding any inspections, notices or inquiries from any governmental, administrative or self-regulatory agency, including without limitation, any deficiency letter, responses to deficiency letters or similar communications or actions, in each case, to the extent that such inspections, notices or inquiries are viewed, in the reasonable judgment of the Sub-Adviser, as material to the Fund, the Sub-Adviser, or the ability of the Sub-Adviser to manage the Allocated Portion or otherwise provide services to the Fund under this Agreement. To the extent that the Fund is a subject of such inspections, notices, or inquiries, the Sub-Adviser shall (to the extent legally permissible) promptly make available such documents (or the relevant portions of such documents) to the Adviser.
Regulatory Communications and Notices. Each party shall promptly provide notice to the other party regarding any material inspections, notices or inquiries from any governmental, administrative or self-regulatory agency (including without limitation, any deficiency letter or similar communication) relating to (i) the Allocated Portion or (ii) matters that would have a material adverse effect on the notifying party’s ability to provide services to the Fund. To the extent that such inspections, notices, or inquiries relate to the Sub-Adviser’s management of the Allocated Portion, the notifying party shall promptly make notices of such events available to the other party unless, in the opinion of the notifying party’s counsel, the notifying party would be legally prohibited from doing so.
Regulatory Communications and Notices. Each party shall promptly provide written notice to the other party regarding any inspections, notices or inquiries from any governmental, administrative or self-regulatory agency relating to matters that could reasonably be viewed as material to the Sub-Adviser or its ability to provide services to the Fund. To the extent that such inspections, notices, or inquiries relate to the Fund, the Sub-Adviser shall promptly make available such documents to the Adviser unless, in the opinion of the Sub-Adviser’s counsel, the Sub-Adviser would be legally prohibited from doing so.
Regulatory Communications and Notices. The Sub-Adviser shall promptly notify the Adviser (i) in the event the Sub-Adviser becomes aware that it is subject to any statutory disqualification pursuant to Section 9(b) of the 1940 Act or otherwise that prevents the Sub-Adviser from serving as an investment adviser or performing its duties pursuant to this Agreement, or (ii) to the extent permitted by law, not prohibited by the relevant regulatory body and unless advised against by counsel, the actual receipt of (x) a “Xxxxx Notice,” (y) formal notice of a legal proceeding initiated against the Sub-Adviser, or (z) any notice regarding the commencement of any litigation, investigation, regulatory or disciplinary proceedings by the Securities and Exchange Commission or the Commodity Futures Trading Commission, or with respect to the activities of the Sub-Adviser involving the Fund, by a state or attorney general office or any other regulatory or governmental body; provided, however the Sub-Adviser is not required to notify the Adviser of (A) any request, notice or demand where the Sub-Adviser has not been advised that it is the target of an investigation from such regulatory or governmental body (e.g., sweep examinations) or (B) any routine regulatory examinations to which the Sub-Adviser may be subject.
Regulatory Communications and Notices. The Co-Adviser shall promptly provide notice to the Adviser regarding any inspections, notices or inquiries from any governmental, administrative or self-regulatory agency, relating to (i) the Co- Adviser’s management of the Allocated Portion or that otherwise relate to the Fund or (ii) that involve matters that may reasonably be expected to materially adversely affect the Co-Adviser’s ability to provide services to the Fund. To the extent that such inspections, notices, or inquiries relate to the Fund, the Co-Adviser shall promptly make available such documents to the Adviser unless, in the opinion of the Co-Adviser’s counsel, the Co-Adviser would be legally prohibited from doing so.
