Common use of REPRESENTATIONS OF SUB-ADVISER Clause in Contracts

REPRESENTATIONS OF SUB-ADVISER. A. Sub-Adviser will notify the Manager if it fails to be registered as an investment adviser under the Advisers Act or under the laws of any jurisdiction in which Sub-Adviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement; B. Sub-Adviser will notify the Manager if it 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 or involving Section 9 of the Investment Company Act; and/or C. Sub-Adviser will notify the Manager if a change in control or management of Sub-Adviser is anticipated. Sub-Adviser agrees to bear all reasonable expenses of the Trust, if any, arising out of an assignment or change in control.

Appears in 3 contracts

Samples: Sub Advisory Agreement (Grail Advisors ETF Trust), Investment Sub Advisory Agreement (Grail Advisors ETF Trust), Investment Sub Advisory Agreement (Grail Advisors ETF Trust)

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REPRESENTATIONS OF SUB-ADVISER. A. Sub-Adviser will notify the Manager Trust if it fails to be registered as an investment adviser under the Advisers Act or under the laws of any jurisdiction in which Sub-Adviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement; B. Sub-Adviser will notify the Manager Trust if it 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 or involving Section 9 of the Investment Company Act; and/or C. Sub-Adviser will notify the Manager Trust if a change in control or management of Sub-Adviser is anticipated. Sub-Adviser agrees to bear all reasonable expenses of the Trust, if any, arising out of an assignment or change in control.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (ALPS ETF Trust), Investment Sub Advisory Agreement (ALPS ETF Trust)

REPRESENTATIONS OF SUB-ADVISER. A. Sub-Adviser will notify the Manager if it fails to be registered as an investment adviser under the Advisers Act or under the laws of any jurisdiction in which Sub-Adviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement; B. Sub-Adviser will notify the Manager if it 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 or involving Section 9 of the Investment Company Act; and/orand C. Sub-Adviser will notify the Manager if a change in control or management of Sub-Adviser is anticipated. Sub-Adviser agrees to bear all reasonable expenses of the Trust, if any, arising out of an assignment by or change in controlcontrol of Sub-Adviser.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Grail Advisors ETF Trust)

REPRESENTATIONS OF SUB-ADVISER. A. Sub-Adviser will notify the Manager if it fails to be registered as an investment adviser under the Advisers Act or under the laws of any jurisdiction in which Sub-Adviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement; B. Sub-Adviser will notify the Manager if it 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 or involving Section 9 of the Investment Company Act, unless prohibited by law; and/or C. Sub-Adviser will notify the Manager if a change in control or management of Sub-Adviser is anticipated. Sub-Adviser agrees to bear all reasonable expenses of the Trust, if any, arising out of an assignment or change in control.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Grail Advisors ETF Trust)

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REPRESENTATIONS OF SUB-ADVISER. A. Sub-Adviser will notify the Manager if it fails to be registered as an investment adviser under the Advisers Act or under the laws of any jurisdiction in which Sub-Adviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement; B. Sub-Adviser will notify the Manager if it 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 or involving Section 9 of the Investment Company Act; and/or C. Sub-Adviser will notify the Manager if a change in control or management of Sub-Adviser is anticipated. Sub-Adviser agrees to bear all reasonable expenses of the Trust, if any, arising out of an assignment by or change in controlcontrol of Sub-Adviser.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Grail Advisors ETF Trust)

REPRESENTATIONS OF SUB-ADVISER. A. Sub-Adviser will notify the Manager if it fails to be registered as an investment adviser under the Advisers Act or under the laws of any jurisdiction in which Sub-Adviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement; B. Sub-Adviser will notify the Manager if it 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 or involving Section 9 of the Investment Company Act; and/or C. Sub-Adviser will notify the Manager if a change in control or management of Sub-Adviser is anticipated. Sub-Adviser agrees to bear all reasonable expenses of the Trust, if any, arising out of an assignment or change in controlcontrol of Sub-Adviser.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (Grail Advisors ETF Trust)

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