Common use of REPRESENTATIONS RESPECTING PORTFOLIO MANAGER Clause in Contracts

REPRESENTATIONS RESPECTING PORTFOLIO MANAGER. The Manager and the Trust agree that neither the Trust, the Manager, nor affiliated persons of the Trust or the Manager shall give any information or make any representations or statements in connection with the sale of shares of the Series concerning the Portfolio Manager, its affiliates, or the Series other than the information or representations contained in the Registration Statement, prospectus, or statement of additional information for the Trust shares, as they may be amended or supplemented from time to time, or in reports or proxy statements for the Trust (which information and representations, insofar as they pertain to the Portfolio Manager and its affiliates, shall have been made only in reliance on and in conformity with information supplied by the Portfolio Manager or an affiliate), or in sales literature or other promotional material approved in advance by the Portfolio Manager, except with the prior permission of the Portfolio Manager. The parties agree that in the event that the Manager or an affiliated person of the Manager sends sales literature or other promotional material to the Portfolio Manager for its approval and the Portfolio Manager has not commented within 7 days, the Manager and its affiliated persons may use and distribute such sales literature or other promotional material, and the Portfolio Manager shall be deemed to have approved of the contents of such sales literature or other promotional material.