RIGHTS TO NAME. If the Adviser ceases to act as investment adviser to the Trust or any Fund whose name includes the term "Golden" (the "Xxxx") or if the Adviser requests in writing, the Trust shall take prompt action to change the name of the Trust or any such Fund to a name that does not include the Xxxx. The Adviser may from time to time make available without charge to the Trust for the Trust's use any marks or symbols owned by the Adviser, including marks or symbols containing the Xxxx or any variation thereof, as the Adviser deems appropriate. Upon the Adviser's request in writing, the Trust shall cease to use any such xxxx or symbol at any time. The Trust acknowledges that any rights in or to the Xxxx and any such marks or symbols which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser. The Adviser may permit other parties, including other investment companies, to use the Xxxx in their names without the consent of the Trust. The Trust shall not use the Xxxx in conducting any business other than that of an investment company registered under the 1940 Act without the permission of the Adviser.
RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & Xxxxxx” (the “Xxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the Xxxx. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser, including marks or symbols containing the Xxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.
(b) The Adviser shall not use the name of the Trust or a Fund on any checks, bank drafts, bank statements or forms for other than internal use in a manner not approved by the Trust prior thereto in writing; provided however, that the approval of the Trust shall not be required for the use of the Trust’s or a Fund’s name which merely refers in accurate and factual terms to the Trust or a Fund in connection with Adviser’s role hereunder or which is required by any appropriate regulatory, governmental or judicial authority; and further provided that in no event shall such approval be unreasonably withheld or delayed.
RIGHTS TO NAME. If the Advisor ceases to act as investment Advisor to the Trust or any Fund whose name includes the term "
RIGHTS TO NAME. If the Adviser ceases to act as investment adviser to the Trust or any Fund whose name includes the term "LMCG" or "Xxx Xxxxxx Capital' or "Xxx Xxxxxx Capital Group" (each, a "Xxxx") or if the Adviser requests in writing, the Trust shall take prompt action to change the name of the Trust or any such Fund to a name that does not include the Xxxx. The Adviser may from time to time make available without charge to the Trust for the Trust's use any marks or symbols owned by the Adviser, including marks or symbols containing the Xxxx or any variation thereof, as the Adviser deems appropriate. Upon the Adviser's request in writing, the Trust shall cease to use any such xxxx or symbol at any time. The Trust acknowledges that any rights in or to the Xxxx and any such marks or symbols that may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser. The Adviser may permit other parties, including other investment companies, to use the Xxxx in their names without the consent of the Trust. The Trust shall not use the Xxxx in conducting any business other than that of an investment company registered under the 1940 Act without the permission of the Adviser.
RIGHTS TO NAME. If the Adviser ceases to act as investment adviser to the Trust or any Fund whose name includes the term “Spears Abacus” or “The BeeHive Fund” (the “Mxxx”) or if the Adviser requests in writing, the Trust shall take prompt action to change the name of the Trust or any such Fund to a name that does not include the Mxxx. The Adviser may from time to time make available without charge to the Trust for the Trust’s use any marks or symbols owned by the Adviser, including marks or symbols containing the Mxxx or any variation thereof, as the Adviser deems appropriate. Upon the Adviser’s request in writing, the Trust shall cease to use any such mxxx or symbol at any time. The Trust acknowledges that any rights in or to the Mxxx and any such marks or symbols that may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser. The Adviser may permit other parties, including other investment companies, to use the Mxxx in their names without the consent of the Trust. The Trust shall not use the Mxxx in conducting any business other than that of an investment company registered under the 1940 Act without the permission of the Adviser.
RIGHTS TO NAME. If the Adviser ceases to act as investment adviser to the Trust or any Fund whose name includes the term "Liberty Street" or "
RIGHTS TO NAME. If the Investment Manager ceases to act as investment adviser to the Trust or any Fund whose name includes the term “Forum” (the “Xxxx”) or if the Investment Manager requests in writing, the Trust shall take prompt action to change the name of the Trust or any such Fund to a name that does not include the Xxxx. The Investment Manager may from time to time make available without charge to the Trust for the Trust’s use any marks or symbols owned by the Investment Manager, including marks or symbols containing the Xxxx or any variation thereof, as the Investment Manager deems appropriate. Upon the Investment Manager’s request in writing, the Trust shall cease to use any such xxxx or symbol at any time. The Trust acknowledges that any rights in or to the Xxxx and any such marks or symbols that may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Investment Manager. The Investment Manager may permit other parties, including other investment companies, to use the Xxxx in their names without the consent of the Trust. The Trust shall not use the Xxxx in conducting any business other than that of an investment company registered under the 1940 Act without the permission of the Investment Manager.
RIGHTS TO NAME. Immediately prior to the Closing, the Companies will transfer and assign, without warranty of title and for no consideration whatsoever, all right, title and interest to the name “Crosstex” and the Crosstex Marks to Crosstex Energy.
RIGHTS TO NAME. All such rights are valid, subsisting and in full force and effect without infringement or interference by any other Person.
RIGHTS TO NAME. On the Closing Date, WMI shall change its name to a name other than "Xxxxxxxx Marketing," and WMI, Xxxxxxxx and Xxxxx will assign all of their right, title and interest in and to the name, "Xxxxxxxx Marketing" or any derivation thereof, and all goodwill associated therewith, to Energy, such assignment to be effective in perpetuity; provided that Xxxxxxxx may use "Xxxxxxxx Pipeline," "Xxxxxxxx Development" and "Xxxxxxxx Partners" and may use the name "Xxxxxxxx" in any other manner that is not confusingly similar to "Xxxxxxxx Marketing" for any business other than a business described in Section 5.2(a)(i).
