Common use of RIGHTS TO NAME Clause in Contracts

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.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Forum Funds), Interim Investment Advisory Agreement (Forum Funds)

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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” "Windowpane" (the “Mxxx”"Mark") or if the Adviser requests in writingix xxiting, 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 MxxxMark. The Adviser may from time to time txxx make available without charge to the Trust for the Trust’s 's use any marks or symbols owned by the Adviser, including marks or symbols containing the Mxxx Mark or any variation thereof, as the Adviser txx Xdviser deems appropriate. Upon the Adviser’s 's request in writing, the Trust shall cease to use any such mxxx mark or symbol at any time. The Trust acknowledges Trusx xcknowledges that any rights in or to the Mxxx Mark and any such marks or symbols that wxxxx 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 Mark in their names without the consent consxxx of the Trust. The Trust shall not use the Mxxx Mark in conducting any business other otxxx than that of an investment company registered under the 1940 Act without the permission of the Adviser.

Appears in 1 contract

Samples: Investment Advisory Agreement (Forum Funds)

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” "Adams Harkness" (the “Mxxx”"Mark") or if the Adviser ix xxx Axxxxxx requests in writingix xxiting, 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 MxxxMark. The Adviser may from time to time txxx make available without charge to the Trust for the Trust’s 's use any marks or symbols owned by the Adviser, including marks or symbols containing the Mxxx Mark or any variation thereof, as the xxx Adviser deems appropriate. Upon the Adviser’s 's request in writing, the Trust shall cease to use any such mxxx mark or symbol at any time. The Trust acknowledges Trusx xcknowledges that any rights in or to the Mxxx Mark and any such marks or symbols that wxxxx 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 Mark in their names without the consent consxxx of the Trust. The Trust shall not use the Mxxx Mark in conducting any business other than othex xxan that of an investment company registered under the 1940 Act without the permission of the Adviser.

Appears in 1 contract

Samples: Investment Advisory Agreement (Forum Funds)

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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” "Adams Harkness" (the “Mxxx”"Mark") or if the Adviser requests in writingxxx Adxxxxx xxquests ix xxiting, 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 MxxxMark. The Adviser may from time to time txxx make available without charge to the Trust for the Trust’s 's use any marks or symbols owned by the Adviser, including marks or symbols containing the Mxxx Mark or any variation thereof, as the Adviser txx Xdviser deems appropriate. Upon the Adviser’s 's request in writing, the Trust shall cease to use any such mxxx mark or symbol at any time. The Trust acknowledges Trusx xcknowledges that any rights in or to the Mxxx Mark and any such marks or symbols that wxxxx 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 Mark in their names without the consent consxxx of the Trust. The Trust shall not use the Mxxx Mark in conducting any business other otxxx than that of an investment company registered under the 1940 Act without the permission of the Adviser.

Appears in 1 contract

Samples: Investment Advisory Agreement (Forum Funds)

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