Common use of RIGHTS TO NAME Clause in Contracts

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. (a) If the Adviser ceases to act as investment adviser to any the Fund whose name includes the term “Xxxxxx & XxxxxxPeachtree” (the “Xxxx”) or, if the Adviser requests in writing, the Trust Fund shall take prompt action to change the name of any the Fund and the Fund to a name that does not include the XxxxXxxx or any variation thereof. The In its sole discretion, the Adviser may from time to time make available, without charge, for use by a the Fund and the 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 Fund shall cease to use any Xxxx or Other Marks. The Trust Fund 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 or notice to the TrustFund. The Trust Fund 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 Except as reasonably required to perform, or as appropriate in the performance of its duties, obligations and rights pursuant to this Agreement, the Adviser shall not use the name of the Trust Fund or a the Fund on any checks, bank drafts, bank statements or forms for other than internal use in a manner not approved by the Trust Fund prior thereto in writing; provided however, that the approval of the Trust Fund shall not be required for the use uses of the TrustFund’s or a the Fund’s name which merely refers refer in accurate and factual terms to the Trust or a Fund and the 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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & XxxxxxGuardian” (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 AdviserAdviser or its parent entity, 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 AdviserAdviser or its parent entity, as applicable. 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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & Xxxxxx” (the “XxxxMark”) 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 XxxxMark. 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 Mark 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 Mark or Other Marks. The Trust acknowledges that any rights in the Xxxx Mark 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 Mark 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. (a) If the Adviser ceases to act as investment adviser to any Fund the Trust or the Fund, each of whose name includes the term “Xxxxxx & XxxxxxCross Shore” (the “Xxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any the Trust and the Fund to a name that does not include the XxxxXxxx or any variation thereof. The In its sole discretion, the Adviser may from time to time make available, without charge, for use by a the Trust and the 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 or notice to 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 Except as reasonably required to perform, or as appropriate in the performance of its duties, obligations and rights pursuant to this Agreement, the Adviser shall not use the name of the Trust or a the 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 uses of the Trust’s or a the Fund’s name which merely refers refer in accurate and factual terms to the Trust or a and the 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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & XxxxxxHedeker” (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. (a) If the Adviser ceases to act as investment adviser to any the Fund whose name includes the term “Xxxxxx & XxxxxxFSI” (the “XxxxMxxx”) or, if the Adviser requests in writing, the Trust Fund shall take prompt action to change the name of any the Fund to a name that does not include the XxxxMxxx. The Adviser may from time to time make available, without charge, for use by a the Fund other marks or symbols owned by the Adviser, including marks or symbols containing the Xxxx Mxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust Fund shall cease to use any Xxxx Mxxx or Other Marks. The Trust Fund acknowledges that any rights in the Xxxx Mxxx 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 TrustFund. The Trust Fund shall not use the Xxxx Mxxx 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 Fund prior thereto in writing; provided however, that the approval of the Trust Fund 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. (a) If the Adviser ceases to act as investment adviser to any the Fund or the Fund, each of whose name includes the term “Xxxxxx & XxxxxxABS” (the “XxxxMxxx”) or, if the Adviser requests in writing, the Trust Fund shall take prompt action to change the name of any the Fund and the Fund to a name that does not include the XxxxMxxx or any variation thereof. The In its sole discretion, the Adviser may from time to time make available, without charge, for use by a the Fund and the Fund other marks or symbols owned by the Adviser, including marks or symbols containing the Xxxx Mxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust Fund shall cease to use any Xxxx Mxxx or Other Marks. The Trust Fund acknowledges that any rights in the Xxxx Mxxx 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 or notice to the TrustFund. The Trust Fund shall not use the Xxxx Mxxx 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 Except as reasonably required to perform, or as appropriate in the performance of its duties, obligations and rights pursuant to this Agreement, the Adviser shall not use the name of the Trust Fund or a the Fund on any checks, bank drafts, bank statements or forms for other than internal use in a manner not approved by the Trust Fund prior thereto in writing; provided however, that the approval of the Trust Fund shall not be required for the use uses of the TrustFund’s or a the Fund’s name which merely refers refer in accurate and factual terms to the Trust or a Fund and the 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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term terms “Xxxxxx & XxxxxxHull Tactical” (the “XxxxMark”) 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 XxxxMark. 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 Mark 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 Mark or Other Marks. The Trust acknowledges that any rights in the Xxxx Mark 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 Mark 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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & XxxxxxMeritage” (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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & XxxxxxPreserver” (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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term terms “Xxxxxx & XxxxxxXxxx Street” or “Fairlead” (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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & XxxxxxGuardian” (the “XxxxMxxx”) 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 XxxxMxxx. 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 Mxxx 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 Mxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx Mxxx 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 Mxxx 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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & XxxxxxGuardian” (the “XxxxMark”) 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 XxxxMark. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the AdviserAdviser or its parent entity, including marks or symbols containing the Xxxx Mark 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 Mark or Other Marks. The Trust acknowledges that any rights in the Xxxx Mark 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 AdviserAdviser or its parent entity, as applicable. 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 Mark 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. (a) If the Adviser ceases to act as investment adviser to any the Fund whose name includes the term “Xxxxxx & XxxxxxPeachtree” (the “XxxxMxxx”) or, if the Adviser requests in writing, the Trust Fund shall take prompt action to change the name of any the Fund and the Fund to a name that does not include the XxxxMxxx or any variation thereof. The In its sole discretion, the Adviser may from time to time make available, without charge, for use by a the Fund and the Fund other marks or symbols owned by the Adviser, including marks or symbols containing the Xxxx Mxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust Fund shall cease to use any Xxxx Mxxx or Other Marks. The Trust Fund acknowledges that any rights in the Xxxx Mxxx 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 or notice to the TrustFund. The Trust Fund shall not use the Xxxx Mxxx 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 Except as reasonably required to perform, or as appropriate in the performance of its duties, obligations and rights pursuant to this Agreement, the Adviser shall not use the name of the Trust Fund or a the Fund on any checks, bank drafts, bank statements or forms for other than internal use in a manner not approved by the Trust Fund prior thereto in writing; provided however, that the approval of the Trust Fund shall not be required for the use uses of the TrustFund’s or a the Fund’s name which merely refers refer in accurate and factual terms to the Trust or a Fund and the 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. (a) If the Adviser ceases to act as investment adviser to the Trust or any Fund whose name includes the term “"NP", "NPG", "NPGC", "Xxxxxx & Xxxxxx” Park Global Capital" or "Xxxxxx Park" (the “each, a "Xxxx”") or, or if the Adviser requests in writing, the Trust shall cease to use the Xxxx and 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, available without charge, charge to the Trust for the Trust's use by a Fund other any 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”)appropriate. Upon the Adviser’s written request's request in writing, the Trust shall cease to use any Xxxx such xxxx or Other Markssymbol at any time and the Trust shall pay any costs and expenses associated with removing the Xxxx, unless otherwise agreed in writing by the parties. The Trust acknowledges that any rights in or to the Xxxx and Other Marks which 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 Marks and Other Marks Xxxx in their names 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 permission 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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & XxxxxxXxxxxxxx, XxXxxxx” (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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & XxxxxxFirst Security” (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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & XxxxxxCanterbury” (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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & XxxxxxNightview” (the “XxxxMark”) 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 XxxxMark. 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 Mark 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 Mark or Other Marks. The Trust acknowledges that any rights in the Xxxx Mark 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 Mark 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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx Fxxxxx & XxxxxxTxxxxx” (the “XxxxMxxx”) 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 XxxxMxxx. 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 Mxxx 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 Mxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx Mxxx 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 Mxxx 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. (a) If the Adviser ceases to act as investment adviser to any Fund the Fund, each of whose name includes the term “Xxxxxx & XxxxxxForum” (the “XxxxMxxx”) or, if the Adviser requests in writing, the Trust Fund shall take prompt action to change the name of any the Fund to a name that does not include the XxxxMxxx or any variation thereof. The In its sole discretion, the Adviser may from time to time make available, without charge, for use by a the Fund other marks or symbols owned by the Adviser, including marks or symbols containing the Xxxx Mxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust Fund shall cease to use any Xxxx Mxxx or Other Marks. The Trust Fund acknowledges that any rights in the Xxxx Mxxx 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 or notice to the TrustFund. The Trust Fund shall not use the Xxxx Mxxx 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 Except as reasonably required to perform, or as appropriate in the performance of its duties, obligations and rights pursuant to this Agreement, 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 Fund prior thereto in writing; provided however, that the approval of the Trust Fund shall not be required for the use uses of the Trust’s or a Fund’s name which merely refers refer 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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & XxxxxxCornerstone” (the “XxxxMxxx”) 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 XxxxMxxx. 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 Mxxx 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 Mxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx Mxxx 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 Mxxx 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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & XxxxxxAlta” (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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & XxxxxxOak Harvest” (the “XxxxMark”) 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 XxxxMark. 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 Mark 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 Mark or Other Marks. The Trust acknowledges that any rights in the Xxxx Mark 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 Mark 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. (a) If the Adviser ceases to act as investment adviser to any the Fund whose name includes the term “Xxxxxx & XxxxxxPeachtree” (the “XxxxMark”) or, if the Adviser requests in writing, the Trust Fund shall take prompt action to change the name of any the Fund and the Fund to a name that does not include the XxxxMark or any variation thereof. The In its sole discretion, the Adviser may from time to time make available, without charge, for use by a the Fund and the Fund other marks or symbols owned by the Adviser, including marks or symbols containing the Xxxx Mark or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust Fund shall cease to use any Xxxx Mark or Other Marks. The Trust Fund acknowledges that any rights in the Xxxx Mark 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 or notice to the TrustFund. The Trust Fund shall not use the Xxxx Mark 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 Except as reasonably required to perform, or as appropriate in the performance of its duties, obligations and rights pursuant to this Agreement, the Adviser shall not use the name of the Trust Fund or a the Fund on any checks, bank drafts, bank statements or forms for other than internal use in a manner not approved by the Trust Fund prior thereto in writing; provided however, that the approval of the Trust Fund shall not be required for the use uses of the TrustFund’s or a the Fund’s name which merely refers refer in accurate and factual terms to the Trust or a Fund and the 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. (a) If the Adviser ceases to act as investment adviser to any Fund the Fund, each of whose name includes the term “Xxxxxx & XxxxxxForum” (the “XxxxMark”) or, if the Adviser requests in writing, the Trust Fund shall take prompt action to change the name of any the Fund to a name that does not include the XxxxMark or any variation thereof. The In its sole discretion, the Adviser may from time to time make available, without charge, for use by a the Fund other marks or symbols owned by the Adviser, including marks or symbols containing the Xxxx Mark or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust Fund shall cease to use any Xxxx Mark or Other Marks. The Trust Fund acknowledges that any rights in the Xxxx Mark 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 or notice to the TrustFund. The Trust Fund shall not use the Xxxx Mark 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 Except as reasonably required to perform, or as appropriate in the performance of its duties, obligations and rights pursuant to this Agreement, 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 Fund prior thereto in writing; provided however, that the approval of the Trust Fund shall not be required for the use uses of the Trust’s or a Fund’s name which merely refers refer 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. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Xxxxxx & XxxxxxClockwise” (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. (a) If the Adviser ceases to act as investment adviser to any Fund the Trust or the Fund, each of whose name includes the term “Xxxxxx & XxxxxxCross Shore” (the “XxxxMxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any the Trust and the Fund to a name that does not include the XxxxMxxx or any variation thereof. The In its sole discretion, the Adviser may from time to time make available, without charge, for use by a the Trust and the Fund other marks or symbols owned by the Adviser, including marks or symbols containing the Xxxx Mxxx 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 Mxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx Mxxx 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 or notice to the Trust. The Trust shall not use the Xxxx Mxxx 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 Except as reasonably required to perform, or as appropriate in the performance of its duties, obligations and rights pursuant to this Agreement, the Adviser shall not use the name of the Trust or a the 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 uses of the Trust’s or a the Fund’s name which merely refers refer in accurate and factual terms to the Trust or a and the 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.