Common use of Series Transactions Clause in Contracts

Series Transactions. The Advisor is authorized to select the brokers or dealers that will execute the purchases and sales of Series securities for a Series and is directed to use its reasonable best efforts to obtain the best net results as described from time to time in a Series' prospectus and statement of additional information. The Advisor will promptly communicate to the Trust's administrator and to the officers and Trustees of the Trust such information relating to Series transactions as they may reasonably request. It is understood that the Advisor will not be deemed to have acted unlawfully, or to have breached a fiduciary duty to the Trust or be in breach of any obligation owing to the Trust under this Agreement, or otherwise, solely by reason of its having directed a securities transaction on behalf of a Series to a broker-dealer in compliance with the provisions of Section 28(e) of the Securities Exchange Act of 1934 or as otherwise permitted from time to time by a Series' prospectus and statement of additional information. Subject to the policies established by the Board in compliance with applicable law, the Advisor may direct DB Securities, Inc. ("DB Securities") or any of its affiliates to execute Series transactions for a Series on an agency basis. The commissions paid to DB Securities or any of its affiliates must be, as required by Rule 17e-1 under the 1940 Act, "reasonable and fair compared to the commission, fee or other remuneration received or to be received by other brokers in connection with comparable transactions involving similar securities...during a comparable period of time." If the purchase or sale of securities consistent with the investment policies of a Series or one or more other accounts of the Advisor is considered at or about the same time, transactions in such securities will be allocated among the accounts in a manner deemed equitable by the Advisor. DB Securities or any of its affiliates and the Advisor may combine such transactions, in accordance with applicable laws and regulations, in order to obtain the best net price and most favorable execution. The Trust on behalf of a Series will not deal with the Advisor or DB Securities or any of its affiliates in any transaction in which the Advisor or DB Securities or any of its affiliates acts as a principal with respect to any part of a Series' order, except in compliance with rules of the SEC. If DB Securities or any of its affiliates is participating in an underwriting or selling group, a Series may not buy Series securities from the group except in accordance with policies established by the Board in compliance with rules of the SEC.

Series Transactions. The Advisor is authorized to select the brokers or dealers that will execute the purchases and sales of Series securities for a the Series and is directed to use its reasonable best efforts to obtain the best net results as described from time to time in a the Series' ’ prospectus and statement of additional information. The Advisor will promptly communicate to the Trust's administrator Administrator and to the officers and the Trustees of the Trust such information relating to Series transactions as they may reasonably request. It is understood that the Advisor will not be deemed to have acted unlawfully, or to have breached a fiduciary duty to the Trust or be in breach of any obligation owing to the Trust under this Agreement, or otherwise, solely by reason of its having directed a securities transaction on behalf of a the Series to a broker-dealer in compliance with the provisions of Section 28(e) of the Securities Exchange Act of 1934 or as otherwise permitted from time to time by a the Series' ’ prospectus and statement of additional information. Subject to the policies established by the Board in compliance with applicable law, the Advisor may direct DB Securities, Inc. ("‘DB Securities"’) or any of its affiliates to execute Series transactions for a the Series on an agency basis. The commissions paid to DB Securities or any of its affiliates must be, as required by Rule 17e-1 under the 1940 Act, "‘reasonable and fair compared to the commission, fee or other remuneration received or to be received by other brokers in connection with comparable transactions involving similar securities...securities . . . during a comparable period of time." ’ If the purchase or sale of securities consistent with the investment policies of a the Series or one or more other accounts of the Advisor is considered at or about the same time, transactions in such securities will be allocated among the accounts in a manner deemed equitable by the Advisor. DB Securities or any of its affiliates and the Advisor may combine such transactions, in accordance with applicable laws and regulations, in order to obtain the best net price and most favorable execution. The Trust on behalf of a the Series will not deal with the Advisor or DB Securities or any of its affiliates in any transaction in which the Advisor or DB Securities or any of its affiliates acts as a principal with respect to any part of a the Series' ’ order, except in compliance with rules of the SEC. If DB Securities or any of its affiliates is participating in an underwriting or selling group, a the Series may not buy Series securities from the group except in accordance with policies established by the Board in compliance with rules of the SEC.

Series Transactions. The Advisor is authorized to select the brokers or dealers that will execute the purchases and sales of Series securities for a Series and is directed to use its reasonable best efforts to obtain the best net results as described from time to time in a Series' ’ prospectus and statement of additional information. The Advisor will promptly communicate to the Trust's ’s administrator and to the officers and Trustees of the Trust such information relating to Series transactions as they may reasonably request. It is understood that the Advisor will not be deemed to have acted unlawfully, or to have breached a fiduciary duty to the Trust or be in breach of any obligation owing to the Trust under this Agreement, or otherwise, solely by reason of its having directed a securities transaction on behalf of a Series to a broker-dealer in compliance with the provisions of Section 28(e) of the Securities Exchange Act of 1934 or as otherwise permitted from time to time by a Series' ’ prospectus and statement of additional information. Subject to the policies established by the Board in compliance with applicable law, the Advisor may direct DB Securities, Inc. ("“DB Securities"”) or any of its affiliates to execute Series transactions for a Series on an agency basis. The commissions paid to DB Securities or any of its affiliates must be, as required by Rule 17e-1 under the 1940 Act, "“reasonable and fair compared to the commission, fee or other remuneration received or to be received by other brokers in connection with comparable transactions involving similar securities...…during a comparable period of time." ” If the purchase or sale of securities consistent with the investment policies of a Series or one or more other accounts of the Advisor is considered at or about the same time, transactions in such securities will be allocated among the accounts in a manner deemed equitable by the Advisor. DB Securities or any of its affiliates and the Advisor may combine such transactions, in accordance with applicable laws and regulations, in order to obtain the best net price and most favorable execution. The Trust on behalf of a Series will not deal with the Advisor or DB Securities or any of its affiliates in any transaction in which the Advisor or DB Securities or any of its affiliates acts as a principal with respect to any part of a Series' ’ order, except in compliance with rules of the SEC. If DB Securities or any of its affiliates is participating in an underwriting or selling group, a Series may not buy Series securities from the group except in accordance with policies established by the Board in compliance with rules of the SEC.

Series Transactions. The Advisor is authorized to select the brokers or dealers that will execute the purchases and sales of Series securities for a the Series and is directed to use its reasonable best efforts to obtain the best net results as described from time to time in a the Series' prospectus and statement of additional information. The Advisor will promptly communicate to the Trust's administrator Administrator and to the officers and the Trustees of the Trust such information relating to Series transactions as they may reasonably request. It is understood that the Advisor will not be deemed to have acted unlawfully, or to have breached a fiduciary duty to the Trust or be in breach of any obligation owing to the Trust under this Agreement, or otherwise, solely by reason of its having directed a securities transaction on behalf of a the Series to a broker-dealer in compliance with the provisions of Section 28(e) of the Securities Exchange Act of 1934 or as otherwise permitted from time to time by a the Series' prospectus and statement of additional information. Subject to the policies established by the Board in compliance with applicable law, the Advisor may direct DB Securities, Inc. ("`DB Securities"') or any of its affiliates to execute Series transactions for a the Series on an agency basis. The commissions paid to DB Securities or any of its affiliates must be, as required by Rule 17e-1 under the 1940 Act, "`reasonable and fair compared to the commission, fee or other remuneration received or to be received by other brokers in connection with comparable transactions involving similar securities...securities .. . . during a comparable period of time." ' If the purchase or sale of securities consistent with the investment policies of a the Series or one or more other accounts of the Advisor is considered at or about the same time, transactions in such securities will be allocated among the accounts in a manner deemed equitable by the Advisor. DB Securities or any of its affiliates and the Advisor may combine such transactions, in accordance with applicable laws and regulations, in order to obtain the best net price and most favorable execution. The Trust on behalf of a the Series will not deal with the Advisor or DB Securities or any of its affiliates in any transaction in which the Advisor or DB Securities or any of its affiliates acts as a principal with respect to any part of a the Series' order, except in compliance with rules of the SEC. If DB Securities or any of its affiliates is participating in an underwriting or selling group, a the Series may not buy Series securities from the group except in accordance with policies established by the Board in compliance with rules of the SEC.

Series Transactions. The Advisor is authorized to select the brokers or dealers that will execute the purchases and sales of Series securities for a the Series and is directed to use its reasonable best efforts to obtain the best net results as described from time to time in a the Series' prospectus and statement of additional information. The Advisor will promptly communicate to the Trust's administrator Administrator and to the officers and the Trustees of the Trust such information relating to Series transactions as they may reasonably request. It is understood that the Advisor will not be deemed to have acted unlawfully, or to have breached a fiduciary duty to the Trust or be in breach of any obligation owing to the Trust under this Agreement, or otherwise, solely by reason of its having directed a securities transaction on behalf of a the Series to a broker-dealer in compliance with the provisions of Section 28(e) of the Securities Exchange Act of 1934 or as otherwise permitted from time to time by a the Series' prospectus and statement of additional information. Subject to the policies established by the Board in compliance with applicable law, the Advisor may direct DB Securities, Inc. ("'DB Securities"') or any of its affiliates to execute Series transactions for a the Series on an agency basis. The commissions paid to DB Securities or any of its affiliates must be, as required by Rule 17e-1 under the 1940 Act, "'reasonable and fair compared to the commission, fee or other remuneration received or to be received by other brokers in connection with comparable transactions involving similar securities...securities .. . . during a comparable period of time." ' If the purchase or sale of securities consistent with the investment policies of a the Series or one or more other accounts of the Advisor is considered at or about the same time, transactions in such securities will be allocated among the accounts in a manner deemed equitable by the Advisor. DB Securities or any of its affiliates and the Advisor may combine such transactions, in accordance with applicable laws and regulations, in order to obtain the best net price and most favorable execution. The Trust on behalf of a the Series will not deal with the Advisor or DB Securities or any of its affiliates in any transaction in which the Advisor or DB Securities or any of its affiliates acts as a principal with respect to any part of a the Series' order, except in compliance with rules of the SEC. If DB Securities or any of its affiliates is participating in an underwriting or selling group, a the Series may not buy Series securities from the group except in accordance with policies established by the Board in compliance with rules of the SEC.