Common use of The Names Clause in Contracts

The Names. The Sub-Adviser hereby consents to the use of the name “Neos” or “Neos Investment Management” (the “Neos Name”) by the Adviser as permitted under this Agreement. The foregoing authorization by the Sub-Adviser to the Adviser to use the Neos Name is not exclusive of the right of the Sub-Adviser itself to use, or to authorize others to use, the Neos Name; the Adviser acknowledges and agrees that, as between the Sub-Adviser and the Adviser, the Sub-Adviser has the right to use, or authorize others to use, the Neos Name. The Adviser shall: (i) use the Neos Name only in a manner consistent with uses approved by the Sub-Adviser; however, the Adviser and the Trust on behalf of the Funds may use the Neos Name in any regulatory filings as required by applicable law and other ways agreed upon by the Adviser and Sub-Adviser; ii) use the Adviser’s best efforts to maintain the quality of the services offered using the Neos Name; and (iii) adhere to such other specific quality control standards as the Sub-Adviser from time to time reasonably may promulgate. Notwithstanding the foregoing, neither the Adviser nor any affiliate or agent of it shall make reference to or use the Neos Name or any of Sub-Adviser’s respective affiliates or clients names without the prior approval of Sub-Adviser, which approval shall not be unreasonably withheld or delayed; provided that the Adviser is authorized to disclose the Neos Name and that the Adviser and Funds are clients of the Sub-Adviser in any marketing materials prepared by the Adviser. The Sub-Adviser hereby agrees to make all reasonable efforts to cause any affiliate or agent of the Sub-Adviser to satisfy the foregoing obligation in connection with any services such affiliates or agents provide to the Adviser or the Funds under this Agreement. At the request of the Sub-Adviser, the Adviser shall submit to the Sub-Adviser representative samples of any marketing and promotional materials using the Neos Name and make any changes to such promotional or other materials as may be reasonably requested by the Sub-Adviser. The Adviser hereby consents to the use of the name “Tema Global” (the “Tema Global Name”) by the Sub-Adviser as permitted under this Agreement. The foregoing authorization by the Adviser to the Sub-Adviser to use the Tema Global Name is not exclusive of the right of the Adviser itself to use, or to authorize others to use, the Tema Global Name; the Adviser acknowledges and agrees that, as between the Sub-Adviser and the Adviser, the Adviser has the right to use, or authorize others to use, the Tema Global Name. The Sub-Adviser shall: (i) use the Tema Global Name only in a manner consistent with uses approved by the Adviser; (ii) use the Sub-Adviser’s best efforts to maintain the quality of the services offered using the Tema Global Name; and (iii) adhere to such other specific quality control standards as the Adviser from time to time reasonably may promulgate. Notwithstanding the foregoing, neither the Sub-Adviser nor any affiliate or agent of it shall make reference to or use the Tema Global Name or any of Adviser’s respective affiliates or clients names without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed; provided that the Sub-Adviser is authorized to disclose the Tema Global Name and that the Adviser and Funds are clients of the Sub-Adviser in any marketing materials prepared by the Sub-Adviser. The Adviser hereby agrees to make all reasonable efforts to cause any affiliate or agent of the Adviser to satisfy the foregoing obligation in connection with any services such affiliates or agents related to the Adviser or the Funds under this Agreement. At the request of the Adviser, the Sub-Adviser shall submit to the Adviser representative samples of any marketing and promotional materials using the Tema Global Name and make any changes to such promotional or other materials as may be reasonably requested by the Adviser.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (Tema ETF Trust), Investment Sub Advisory Agreement (Tema ETF Trust)

AutoNDA by SimpleDocs

The Names. “Vident Asset Management” & “Vident Advisory.” The Sub-Adviser hereby consents Subadviser grants to the Adviser and Trust a non-exclusive sub-license to use of the name names NeosVident Asset Managementor and Neos Investment ManagementVident Advisory” (the “Neos NameSubadviser Names”) by in connection with the Adviser as permitted under this AgreementFunds. The foregoing authorization by the Sub-Adviser Subadviser to the Adviser to use the Neos Name Subadviser Names is not exclusive of the right of the Sub-Adviser Subadviser itself to use, or for the Subadviser to authorize others to use, the Neos NameSubadviser Names; the Adviser acknowledges and agrees that, as between the Sub-Adviser and the AdviserSubadviser, the Sub-Adviser Subadviser has the right to use, or authorize others to use, the Neos NameSubadviser Names. The Adviser shall: (i) shall use the Neos Name Subadviser Names only in a manner consistent with uses approved by the Sub-Adviser; however, the Adviser and the Trust on behalf of the Funds may use the Neos Name in any regulatory filings as required by applicable law and other ways agreed upon by the Adviser and Sub-Adviser; ii) use the Adviser’s best efforts to maintain the quality of the services offered using the Neos Name; and (iii) adhere to such other specific quality control standards as the Sub-Adviser from time to time reasonably may promulgateSubadviser. Notwithstanding the foregoing, neither the Adviser nor any affiliate or agent of it the Adviser shall make reference to or use the Neos Name Subadviser Names or any of Sub-Adviserthe Subdviser’s respective affiliates or clients names without the prior approval of Sub-Adviserthe Subadviser, which approval shall not be unreasonably withheld or delayed; provided that the Adviser is authorized to disclose the Neos Name and that the Adviser and Funds are clients of the Sub-Adviser in any marketing materials prepared by the Adviser. The Sub-Adviser hereby agrees to make all reasonable efforts to cause any affiliate or agent of the Sub-Adviser to satisfy the foregoing obligation in connection with any services such affiliates or agents provide to the Adviser or the Funds under this Agreement. At the request of the Sub-Adviser, the Adviser shall submit to the Sub-Adviser representative samples of any marketing and promotional materials using the Neos Name and make any changes to such promotional or other materials as may be reasonably requested by the Sub-Adviser. The Adviser hereby consents to the use of the name “Tema Global” (the “Tema Global Name”) by the Sub-Adviser as permitted under this Agreement. The foregoing authorization by the Adviser to the Sub-Adviser to use the Tema Global Name is not exclusive of the right of the Adviser itself to use, or to authorize others to use, the Tema Global Name; the Adviser acknowledges and agrees that, as between the Sub-Adviser and the Adviser, the Adviser has the right to use, or authorize others to use, the Tema Global Name. The Sub-Adviser shall: (i) use the Tema Global Name only in a manner consistent with uses approved by the Adviser; (ii) use the Sub-Adviser’s best efforts to maintain the quality of the services offered using the Tema Global Name; and (iii) adhere to such other specific quality control standards as the Adviser from time to time reasonably may promulgate. Notwithstanding the foregoing, neither the Sub-Adviser nor any affiliate or agent of it shall make reference to or use the Tema Global Name or any of Adviser’s respective affiliates or clients names without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed; provided that the Sub-Adviser is authorized to disclose the Tema Global Name and that the Adviser and Funds are clients of the Sub-Adviser in any marketing materials prepared by the Sub-Adviser. The Adviser hereby agrees to make all reasonable efforts to cause the Trust and any affiliate or agent of the Adviser to satisfy the foregoing obligation obligation. The sub-license granted herein in connection with any services such affiliates or agents related regard to a Fund shall terminate in the event that the Subadviser no longer is a subadviser to the Adviser or the Funds under this Agreement. At the request of the Adviser, the Sub-Adviser shall submit to the Adviser representative samples of any marketing and promotional materials using the Tema Global Name and make any changes to such promotional or other materials as may be reasonably requested by the AdviserFund.

Appears in 1 contract

Samples: Investment Subadvisory Agreement (Advisors' Inner Circle Fund III)

AutoNDA by SimpleDocs

The Names. The Sub-Adviser hereby consents to the use of the name "Neos" or "Neos Investment Management" (the "Neos Name") by the Adviser as permitted under this Agreement. The foregoing authorization by the Sub-Adviser to the Adviser to use the Neos Name is not exclusive of the right of the Sub-Adviser itself to use, or to authorize others to use, the Neos Name; the Adviser acknowledges and agrees that, as between the Sub-Adviser and the Adviser, the Sub-Adviser has the right to use, or authorize others to use, the Neos Name. The Adviser shall: (i) use the Neos Name only in a manner consistent with uses approved by the Sub-S u b - Adviser; however, the Adviser and the Trust on behalf of the Funds may use the Neos Name in any regulatory filings as required by applicable law and other ways agreed upon by the Adviser and Sub-Adviser; ii) use the Adviser’s 's best efforts to maintain the quality of the services offered using the Neos Name; and (iii) adhere to such other specific quality control standards as the Sub-Adviser from time to time reasonably may promulgate. Notwithstanding the foregoing, neither the Adviser nor any affiliate or agent of it shall make reference to or use the Neos Name or any of Sub-Adviser’s 's respective affiliates or clients names without the prior approval of Sub-Adviser, which approval shall not be unreasonably withheld or delayed; provided that the Adviser is authorized to disclose the Neos Name and that the Adviser and Funds are clients of the Sub-Adviser in any marketing materials prepared by the Adviser. The Sub-Adviser hereby agrees to make all reasonable efforts to cause any affiliate or agent of the Sub-Adviser to satisfy the foregoing obligation in connection with any services such affiliates or agents provide to the Adviser or the Funds under this Agreement. At the request of the Sub-Adviser, the Adviser shall submit to the Sub-Adviser representative samples of any marketing and promotional materials using the Neos Name and make any changes to such promotional or other materials as may be reasonably requested by the Sub-Adviser. The Adviser hereby consents to the use of the name “Tema Global” "Kurv" (the “Tema Global "Kurv Name") by the Sub-Adviser as permitted under this Agreement. The foregoing authorization by the Adviser to the Sub-Adviser to use the Tema Global Kurv Name is not exclusive of the right of the Adviser itself to use, or to authorize others to use, the Tema Global Kurv Name; the Adviser acknowledges and agrees that, as between the Sub-Adviser and the Adviser, the Adviser has the right to use, or authorize others to use, the Tema Global Kurv Name. The Sub-Adviser shall: (i) use the Tema Global Kurv Name only in a manner consistent with uses approved by the Adviser; (ii) use the Sub-Adviser’s 's best efforts to maintain the quality of the services offered using the Tema Global Kurv Name; and (iii) adhere to such other specific quality control standards as the Adviser from time to time reasonably may promulgate. Notwithstanding the foregoing, neither the Sub-Adviser nor any affiliate or agent of it shall make reference to or use the Tema Global Kurv Name or any of Adviser’s 's respective affiliates or clients names without the prior approval of Adviser, which approval shall not be unreasonably withheld or delayed; provided that the Sub-Adviser is authorized to disclose the Tema Global Kurv Name and that the Adviser and Funds are clients of the Sub-Adviser in any marketing materials prepared by the Sub-Adviser. The Adviser hereby agrees to make all reasonable efforts to cause any affiliate or agent of the Adviser to satisfy the foregoing obligation in connection with any services such affiliates or agents related to the Adviser or the Funds under this Agreement. At the request of the Adviser, the Sub-Adviser shall submit to the Adviser representative samples of any marketing and promotional materials using the Tema Global Kurv Name and make any changes to such promotional or other materials as may be reasonably requested by the Adviser.

Appears in 1 contract

Samples: Investment Sub Advisory Agreement (SHP ETF Trust)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!