Use of Name. The parties agree and acknowledge that the Portfolio Manager is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the 1940 Act or other applicable laws and regulations. Consent by the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentation. Upon termination of this Agreement for any reason, the Trust and the Manager shall cease all use of any Portfolio Manager Mark(s) as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive relief.
Appears in 3 contracts
Samples: Portfolio Management Agreement (Allianz Variable Insurance Products Trust), Portfolio Management Agreement (Allianz Life Variable Account B), Portfolio Management Agreement (Allianz Life of Ny Variable Account C)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Aristotle Capital Management, LLC,” “Aristotle Investment Services, LLC,” and “Aristotle Funds Series Trust” or “Aristotle Funds,” any abbreviated forms and derivatives thereof and any logos associated with those names are the adequacy valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Pacific Life Fund Advisors LLC,” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 3 contracts
Samples: Subadvisory Agreement (Aristotle Funds Series Trust), Subadvisory Agreement (Aristotle Funds Series Trust), Subadvisory Agreement (Aristotle Funds Series Trust)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws and regulations. Consent by the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation shall Investment Adviser, which may not be unreasonably withheld withheld, and shall be deemed only so long as the Investment Adviser is an investment adviser to be given if no written objection is received by the TrustTrust and/or the Portfolio, Fund provided, however, that the Subadviser may use such name (or the Manager within 10 business days after the request is made by the Trustderivative or logo), Fund in filings, forms or Manager for such use of any Portfolio Manager Mark reports required under applicable state or any such xxxxesentationfederal securities, insurance, or other law. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos) to the extent that continued use is not required by applicable laws, rules or regulations.
(b) It is understood that the name “Xxxxx Xxxxx Management” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or one of the Portfolio, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and written approval by the Subadviser, which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 3 contracts
Samples: Subadvisory Agreement (Pacific Select Fund), Subadvisory Agreement (Pacific Life Funds), Subadvisory Agreement (Pacific Life Funds)
Use of Name. (a) The parties agree Sub-Adviser hereby consents to the use of its name and acknowledge that the Portfolio Manager is names of its affiliates in the sole owner Fund’s disclosure documents incorporated directly or by reference into the Registration statement. The Adviser shall furnish to the Sub-Adviser for approval, shareholder communications, advertising, sales literature and similar communications prepared for distribution to shareholders of the Fund or the public, which make reference to or uses the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of the Sub-Adviser or any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logosits affiliates, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure prior to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent thereof (which approval shall not be required for unreasonably withheld). Notwithstanding the foregoing, the Adviser shall be permitted to use any documents such materials if the Sub-Adviser does not reasonably object in writing within five (5) business days after receiving such materials. The Adviser will not use any logo related to the name of the Sub-Adviser or other materials intended for its affiliates unless the Adviser enters into a separate licensing agreement with the Sub-Adviser. The Sub-Adviser shall not use by the name or any tradename, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof of the Adviser, the Trust's trustees and for internal use by , the Fund or any of their affiliates in its marketing materials unless it first receives prior written approval of the Trust and the ManagerAdviser. The Manager and Adviser shall not use the Trust agree they will review with name or any tradename, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof of the Portfolio Manager Sub-Adviser or any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or of its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, in its marketing materials unless it being first receives prior written approval of the Sub-Adviser
(b) It is understood that the Portfolio Manager shall have no responsibility name of each party to ensure this Agreement, and any derivatives thereof or logos associated with that name, is the adequacy valuable property of the form or content of party in question and its affiliates, and that each other party has the right to use such materials for purposes of names pursuant to the 1940 Act or other applicable laws relationship created by, and regulations. Consent by in accordance with the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation terms of, this Agreement only so long as this Agreement shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationcontinue in effect. Upon termination of this Agreement for any reason, the Trust and the Manager shall cease all use of any Portfolio Manager Mark(s) as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade namesAgreement, the parties acknowledge shall forthwith cease to use the names of the other parties (or any derivative or logo) as appropriate and to the extent that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate continued use is not required by applicable laws, rules and thus, the Portfolio Manager will be entitled to injunctive reliefregulations.
Appears in 3 contracts
Samples: Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II), Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II), Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Aristotle Capital Management, LLC,” “Aristotle Investment Services, LLC,” and “Aristotle Funds Series Trust” or “Aristotle Funds,” any abbreviated forms and derivatives thereof and any logos associated with those names are the adequacy valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Aristotle Capital Boston, LLC,” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 2 contracts
Samples: Subadvisory Agreement (Aristotle Funds Series Trust), Subadvisory Agreement (Aristotle Funds Series Trust)
Use of Name. The parties agree and acknowledge It is understood that the Portfolio Manager is name “Xxxxxxx, Sachs & Co.” or “Xxxxxxx Xxxxx” or any derivative thereof, any tradename, trademark, trade device, service xxxx, symbol or logo associated with those names are the sole owner valuable property of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager Subadviser or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood and that the Portfolio Manager shall have no responsibility Investment Adviser has the right to ensure use such name (or derivative or logo) with respect to the adequacy Fund, in offering materials or promotional or sales-related materials of the form or content of such materials for purposes Fund, only with the prior written approval of the 1940 Act Subadviser, such approval not to be unreasonably withheld, and for so long as the Subadviser is Subadviser of the Fund. Notwithstanding the foregoing, the Subadviser’s approval is not required when (i) previously approved materials are re-issued with minor modifications, (ii) the Investment Adviser and Subadviser identify materials which they jointly determine do not require the Subadviser’s approval and (iii) such name (or derivative or logo) is used in the Fund’s Registration Statement, shareholder reports, or other applicable laws documents filed with the Securities and regulations. Consent by the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationExchange Commission. Upon termination of this Agreement for any reasonAgreement, the Trust Fund and the Manager Investment Adviser shall forthwith cease all to use such name (or derivative or logo) with respect to the Fund, except as required by law or regulation, and except for references, in the Fund’s Registration Statement, shareholder reports or other documents filed with the Securities and Exchange Commission, or in the Fund’s marketing material, to the Subadviser having served as the Fund’s subadviser for the term of any Portfolio Manager Mark(s) as soon xx reasonably practicablethis Agreement. If During the Manager term of this Agreement, the Subadviser shall not use the Investment Adviser’s name, or any Fund makes an unauthorized use the Fund’s or the Trust’s name, respectively, without the prior written approval of the Portfolio Manager's names, derivatives, logos, trademarks, service marks Investment Adviser or trade namesthe Trust. Upon termination of this Agreement, the parties acknowledge that the Portfolio Manager Subadviser shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled forthwith cease to injunctive reliefuse such names.
Appears in 2 contracts
Samples: Investment Advisory Agreement (Sun Capital Advisers Trust), Investment Advisory Agreement (Sun Capital Advisers Trust)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “BlueBay Asset Management” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 2 contracts
Samples: Subadvisory Agreement (Pacific Select Fund), Subadvisory Agreement (Pacific Select Fund)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Aristotle Capital Management, LLC,” “Aristotle Investment Services, LLC,” and “Aristotle Funds Series Trust” or “Aristotle Funds,” any abbreviated forms and derivatives thereof and any logos associated with those names are the adequacy valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Aristotle Pacific Capital, LLC,” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 2 contracts
Samples: Subadvisory Agreement (Aristotle Funds Series Trust), Subadvisory Agreement (Aristotle Funds Series Trust)
Use of Name. The parties agree and acknowledge that (a) To the Portfolio Manager is extent an Acquiring Fund refers to one or more Acquired Funds in any prospectus, statement of additional information or otherwise (but not in the sole owner financial statements of the Acquiring Fund when the Acquired Fund is listed as a holding), each Acquiring Fund agrees to:
i. Refer to such Acquired Fund by its legal name, as used by such fund or its sponsor in applicable disclosures to the public, for example, the “Allspring [Index Provider (where applicable)] [Acquired Fund]” upon first reference to such Acquired Fund, and by its legal name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all or its ticker symbol for subsequent references; and
ii. Include the following notice within reasonable proximity to the first reference to such Acquired Fund, as applicable: Allspring Global Investments nor the Allspring Funds make any representations regarding the advisability of investing in [Acquiring Fund]. [Index Provider] is a registered trademark of [Index Provider] or its subsidiaries (“[Index Provider]”). [Index Provider] does not make any representations regarding the advisability of investing in [Name of Acquiring Fund].
(b) No Acquiring Fund shall use of the name or any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logostradename, trademarkstrademark, service marks xxxx, symbol or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit any abbreviation, contraction or simulation thereof of the Portfolio ManagerAcquired Fund, the Acquired Fund Adviser or any of their affiliates in its shareholder communications, advertising, sales literature and similar communications (other than a prospectus, statement of additional information, fact sheet or similar disclosure document, or shareholder report) unless it first receives prior written approval (including approval through written electronic communications) of the Acquired Fund or the Acquired Fund Adviser. The Additionally, no Acquiring Fund shall use by any logo of the Trust on its own behalf or on behalf of any Acquired Fund or of the Acquired Fund Adviser without entering into a separate trademark license agreement with the Acquired Fund Adviser.
(c) No Acquired Fund shall use the name or any Portfolio Manager Mark tradename, trademark, service xxxx, symbol or any abbreviation, contraction or simulation thereof of the Acquiring Fund, Acquiring Fund Adviser or any of their affiliates in any advertxxxxent or its shareholder communications, advertising, sales literature and similar communications (other than a prospectus, statement of additional information, fact sheet or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any similar disclosure document, advertisement or sales literature shareholder report) unless it first receives prior written approval (including approval through written electronic communications) of the Acquiring Fund or other materials promoting Acquiring Fund Adviser. Additionally, no Acquired Fund shall use any Fund. Such consent shall not be required for any documents logo of the Acquiring Fund or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review Acquiring Fund Adviser without entering into a separate trademark license agreement with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the 1940 Act or other applicable laws and regulations. Consent by the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Acquiring Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentation. Upon termination of this Agreement for any reason, the Trust and the Manager shall cease all use of any Portfolio Manager Mark(s) as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefAdviser.
Appears in 2 contracts
Samples: Fund of Funds Investment Agreement (Allspring Funds Trust), Fund of Funds Investment Agreement (Allspring Funds Trust)
Use of Name. The parties agree (a) Buyer agrees that (except as expressly set forth in this Section 4.6(a)) after the Closing neither Buyer nor its Affiliates (including the Transferred Companies) shall have any rights in and acknowledge that to the Portfolio Manager is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of xxxx “Xxxxxxxx” or any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, trade names, service marks or marks, trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivativesdress, logos, corporate names, domain names and other source identifiers, emblems, signs or insignia containing or comprising the foregoing, including any xxxx confusingly similar thereto or derivative thereof (collectively, the “Seller Marks”), and will not at any time after the Closing market, promote, advertise or offer for sale any products, goods or services utilizing any of the Seller Marks or otherwise hold itself out as having any affiliation with Parent or any of its Affiliates. Buyer agrees that if any of the Business Assets, including any promotional materials or printed forms, bear the “Rockwood” name (or any derivative thereof), Buyer shall, prior to distributing, selling or otherwise making use of such Business Assets for the general public, remove, delete, cover or render illegible the “Rockwood” name as it may appear on such Business Assets. Notwithstanding the foregoing, for a period of six (6) months after the Closing Date, Buyer may use any remaining inventory of materials, including business cards, stationery, packaging materials, displays, signs, promotional materials and other similar materials that include one or more of the Seller Marks to the extent such materials were included in the Business Assets as of the Closing. Buyer shall indemnify and hold harmless the Seller Indemnitees against all Losses asserted against or imposed upon them as a consequence of the use of the Seller Marks by Buyer and its Affiliates (including the Transferred Companies) following the Closing.
(b) Buyer shall, within ten (10) Business Days after the Closing Date, make the initial filing required to be made with the applicable Governmental Authority to cause each Transferred Company whose name includes the name “Rockwood” to change its name such that its name does not include the name “Rockwood” and shall use commercially reasonable efforts to change any such name as promptly as practicable following the Closing Date.
(c) Parent agrees that, after the Closing, neither Parent nor its Affiliates shall (i) have any rights in and to any trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the 1940 Act or other applicable laws and regulations. Consent by the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trustservice marks, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentation. Upon termination of this Agreement for any reason, the Trust and the Manager shall cease all use of any Portfolio Manager Mark(s) as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivativestrade dress, logos, trademarks, service marks or trade corporate names, domain names of any of the parties acknowledge that Transferred Companies and other source identifiers, emblems, signs or insignia related thereto or containing or comprising the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate and thusforegoing, including any xxxx or term confusingly similar thereto or derivative thereof, but excluding the Seller Marks (collectively, the Portfolio Manager will be entitled to injunctive relief“Company Marks”); or (ii) market, promote, advertise or offer for sale any products, goods or services utilizing any of the Company Marks or otherwise hold itself out as having any affiliation with Buyer, the Transferred Companies or any of their Affiliates.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Rockwood Holdings, Inc.), Stock Purchase Agreement (Huntsman International LLC)
Use of Name. (a) The parties agree Sub-Adviser hereby consents to the use of its name and acknowledge that the Portfolio Manager is names of its affiliates in the sole owner Fund’s disclosure documents incorporated directly or by reference into the Registration statement. The Adviser shall furnish to the Sub-Adviser for approval, shareholder communications, advertising, sales literature and similar communications prepared for distribution to shareholders of the Fund or the public, which make reference to or uses the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of the Sub-Adviser or any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logosits affiliates, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure prior to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent thereof (which approval shall not be required for unreasonably withheld). Notwithstanding the foregoing, the Adviser shall be permitted to use any documents such materials if the Sub-Adviser does not reasonably object in writing within five (5) business days after receiving such materials. The Adviser will not use any logo related to the name of the Sub-Adviser or other materials intended for its affiliates unless the Adviser enters into a separate licensing agreement with the Sub-Adviser. The Sub-Adviser shall not use by the name or any tradename, trademark, trade device, service mxxx, symbol or any abbreviation, contraction or simulation thereof of the Adviser, the Trust's trustees and for internal use by , the Fund or any of their affiliates in its marketing materials unless it first receives prior written approval of the Trust and the ManagerAdviser. The Manager and Adviser shall not use the Trust agree they will review with name or any tradename, trademark, trade device, service mxxx, symbol or any abbreviation, contraction or simulation thereof of the Portfolio Manager Sub-Adviser or any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or of its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, in its marketing materials unless it being first receives prior written approval of the Sub-Adviser
(b) It is understood that the Portfolio Manager shall have no responsibility name of each party to ensure this Agreement, and any derivatives thereof or logos associated with that name, is the adequacy valuable property of the form or content of party in question and its affiliates, and that each other party has the right to use such materials for purposes of names pursuant to the 1940 Act or other applicable laws relationship created by, and regulations. Consent by in accordance with the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation terms of, this Agreement only so long as this Agreement shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationcontinue in effect. Upon termination of this Agreement for any reason, the Trust and the Manager shall cease all use of any Portfolio Manager Mark(s) as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade namesAgreement, the parties acknowledge shall forthwith cease to use the names of the other parties (or any derivative or logo) as appropriate and to the extent that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate continued use is not required by applicable laws, rules and thus, the Portfolio Manager will be entitled to injunctive reliefregulations.
Appears in 2 contracts
Samples: Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II), Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationPortfolio. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Invesco” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or one of the Portfolio, provided, however, that the Trust may continue to use the name of the Subadviser in its Registrations Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and approval by the Subadviser, which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 2 contracts
Samples: Subadvisory Agreement (Pacific Select Fund), Subadvisory Agreement (Pacific Life Funds)
Use of Name. (a) The parties agree Sub-Adviser hereby consents to the use of its name and acknowledge that the Portfolio Manager is names of its affiliates in the sole owner Fund’s disclosure documents incorporated directly or by reference into the Registration statement. The Adviser shall furnish to the Sub-Adviser for approval, shareholder communications, advertising, sales literature and similar communications prepared for distribution to shareholders of the Fund or the public, which make reference to or uses the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of the Sub-Adviser or any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logosits affiliates, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure prior to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent thereof (which approval shall not be required for unreasonably withheld). Notwithstanding the foregoing, the Adviser shall be permitted to use any documents such materials if the Sub-Adviser does not reasonably object in writing within five (5) business days after receiving such materials. The Adviser will not use any logo related to the name of the Sub-Adviser or other materials intended for its affiliates unless the Adviser enters into a separate licensing agreement with the Sub-Adviser. The Sub-Adviser shall not use by the name or any tradename, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof of the Adviser, the Trust's trustees and for internal use by , the Fund or any of their affiliates in its marketing materials unless it first receives prior written approval of the Trust and the ManagerAdviser. The Manager and Adviser shall not use the Trust agree they will review with name or any tradename, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof of the Portfolio Manager Sub- #498497 Adviser or any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or of its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, in its marketing materials unless it being first receives prior written approval of the Sub-Adviser
(b) It is understood that the Portfolio Manager shall have no responsibility name of each party to ensure this Agreement, and any derivatives thereof or logos associated with that name, is the adequacy valuable property of the form or content of party in question and its affiliates, and that each other party has the right to use such materials for purposes of names pursuant to the 1940 Act or other applicable laws relationship created by, and regulations. Consent by in accordance with the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation terms of, this Agreement only so long as this Agreement shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationcontinue in effect. Upon termination of this Agreement for any reason, the Trust and the Manager shall cease all use of any Portfolio Manager Mark(s) as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade namesAgreement, the parties acknowledge shall forthwith cease to use the names of the other parties (or any derivative or logo) as appropriate and to the extent that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate continued use is not required by applicable laws, rules and thus, the Portfolio Manager will be entitled to injunctive reliefregulations.
Appears in 2 contracts
Samples: Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II), Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II)
Use of Name. In connection with the Fund’s (a) public filings, (b) requests for information from state and federal regulators, (c) offering materials and marketing materials and (d) press releases (the materials listed in (a) through (d), the “Fund Materials”), the Fund may state in such materials that investment advisory services are being provided by the Sub-Adviser to the Fund under the terms of this Agreement. The parties Sub-Adviser hereby grants a non-exclusive, non-transferable, and non-sublicensable license to the Fund for the use of the name “GoldenTree,” and the related rights and trademarks owned by the Sub-Adviser and its affiliates (the “Brand”), solely as permitted in the foregoing sentence. Prior to using the Brand in any manner (including in the Fund Materials), the Fund or the Adviser, as applicable, shall submit all proposed uses to the Sub-Adviser for prior written approval, unless the general form and scope of such use have been previously reviewed and approved by the Sub-Adviser (which approval shall not be unreasonably withheld, conditioned or delayed). The Adviser agrees to control the use of such Brand in accordance with the standards and policies as established between the Adviser and the Sub-Adviser. The Sub-Adviser reserves the right to terminate this license immediately upon written notice for any reason, including if the usage is not in compliance with the standards and policies. Notwithstanding the foregoing, the term of the license granted under this Section shall be for the term of this Agreement only, including renewals and extensions, and the right to use the Brand as provided herein shall terminate immediately upon the termination of this Agreement or the investment sub-advisory relationship between the Adviser and the Sub-Adviser. The Fund and the Adviser each agree and acknowledge that the Portfolio Manager Sub-Adviser is the sole owner of the name Brand, and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." any and that all goodwill in the Brand arising from the Fund’s use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure solely to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the 1940 Act or other applicable laws and regulations. Consent by the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentation. Upon termination of this Agreement for any reason, the Trust and the Manager shall cease all use of any Portfolio Manager Mark(s) as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefSub-Adviser.
Appears in 2 contracts
Samples: Investment Sub Advisory Agreement (FS Credit Income Fund), Investment Sub Advisory Agreement (FS Credit Income Fund)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Aristotle Capital Management, LLC,” “Aristotle Investment Services, LLC,” and “Aristotle Funds Series Trust” or “Aristotle Funds,” any abbreviated forms and derivatives thereof and any logos associated with those names are the adequacy valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Aristotle Atlantic Partners, LLC,” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 2 contracts
Samples: Subadvisory Agreement (Aristotle Funds Series Trust), Subadvisory Agreement (Aristotle Funds Series Trust)
Use of Name. The parties agree and acknowledge (a) It is understood that the Portfolio Manager is name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” “Pacific Life Funds,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the sole owner whale logo) (collectively, “Pacific Life Names”) are the valuable property of the name Investment Adviser and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." its affiliates, and that all the Subadviser shall not use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade such names (a "Portfolio Manager Mark"or abbreviations, derivatives or logos) under this Xxxxement shall inure except solely to identify the benefit of Subadviser as the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference subadviser to the Portfolio Manager as required by law or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that governmental regulations without the Portfolio Manager shall have no responsibility to ensure the adequacy prior written approval of the form or content of such materials for purposes of Investment Adviser and only so long as the 1940 Act or other applicable laws and regulations. Consent by Investment Adviser is an investment adviser to the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by Trust and/or the Trust, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationPortfolio. Upon termination of this Agreement for any reasonAgreement, the Trust and the Manager Subadviser shall forthwith cease all to use of any Portfolio Manager Mark(s) as soon xx reasonably practicablesuch names (or abbreviations, derivatives or logos). If the Manager or Subadviser makes any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade namesa Pacific Life Name, the parties acknowledge that the Portfolio Manager Investment Adviser, Trust or other related parties, as applicable, shall suffer irreparable hardship harm for which monetary damages are may be inadequate and thus, the Portfolio Manager will applicable party shall be entitled to injunctive relief, as well as any other remedy available under law.
(b) The parties agree that the name of the Subadviser, the names of any affiliates of the Subadviser and any derivatives of such or logo or trademark or service xxxx or trade name of the Subadviser and its affiliates (altogether, “Subadviser Names”) are the valuable property of the Subadviser and its affiliates. The Investment Adviser and the Portfolio may use the name of the Subadviser to identify it as the subadviser to the Portfolio in the Trust’s Registration Statement, annual and semi-annual reports, proxies, or as otherwise required by law or governmental regulations. Any other use of a Subadviser Name must be expressly pre-approved in writing by the Subadviser. Upon termination of this Agreement, the Investment Adviser and the Portfolio shall forthwith cease to use Subadviser Names unless required by law. If the Investment Adviser or the Portfolio makes any unauthorized use of a Subadviser Name, the parties acknowledge that the Subadviser shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Subadviser shall be entitled to injunctive relief, as well as any other remedy available under law.
Appears in 2 contracts
Samples: Subadvisory Agreement (Pacific Select Fund), Subadvisory Agreement (Pacific Select Fund)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Janus Capital Management LLC” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 2 contracts
Samples: Subadvisory Agreement (Pacific Select Fund), Subadvisory Agreement (Pacific Select Fund)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content abbreviations, derivatives or logos) without the prior written approval of the Investment Adviser and only so long as the Investment Adviser is an investment adviser to the Trust and/or the Fund(s), provided, however, that the Investment Adviser or Trust, as applicable, hereby approves all uses of such materials for purposes names and/or logos which merely refer in accurate terms to the appointment of Subadviser hereunder or which are required by any state or local regulatory or governmental agency or body, including, without limitation, the 1940 Act SEC, the CFTC, NFA or any other applicable laws self-regulatory organization of which Subadviser is a member; and regulations. Consent by the Portfolio Manager to provided, further, that in no event shall such use of any Portfolio Manager Mark and any such xxxxesentation shall not approval be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationwithheld. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “AQR Capital Management, LLC” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents only to the extent necessary to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 2 contracts
Samples: Subadvisory Agreement (Pacific Select Fund), Subadvisory Agreement (Pacific Select Fund)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Life Funds” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “AllianceBernstein” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Select Fund,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement for Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “FIAM LLC,” any reason, abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Manager Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for so long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation.
i. Except as provided below, neither the Trust nor the Investment Adviser or any affiliate or agent thereof shall make reference to or use the name of the Subadviser or any of its affiliates in any advertising or promotional materials without prior approval of the Subadviser, which approval shall not be unreasonably withheld.
ii. During the term of this Agreement, the Investment Adviser shall have permission to use (a) the Subadviser’s full legal name, “FIAM LLC” and the Fidelity Investments logo (collectively, the “Marks”) in connection with the sale and marketing of the Funds. Investment Adviser shall provide to the Subadviser examples of the proposed materials bearing any Marks (collectively, “Materials”) for the Subadviser’s prior review and written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Subadviser or its affiliates(s) shall review and provided feedback, if any, on the proposed use as soon as possible, but in any event within ten (10) business days following Subadviser’s receipt of submitted Materials bearing any Marks.
iii. Notwithstanding anything contained herein to the contrary, the Investment Adviser may use the Subadviser’s name, “FIAM LLC” in any Materials when referring to the Subadviser in a factual manner without the need to seek the Subadviser’s, or an affiliate’s, written consent.
iv. Upon termination or expiration of this agreement, the Investment Adviser shall immediately cease all use of the Marks. Upon such termination or expiration of this Agreement, Investment Adviser shall either provide copies of all Materials bearing any Portfolio Manager Mark(s) Marks to the Subadviser or certify as soon xx reasonably practicableto the destruction of all such Materials.
v. The Parties agree that, in order to streamline the review and approval process for any Materials bearing the Marks, one or more templates for such Materials may be provided to Subadviser for Subadviser’s prior review and approval. If the Manager or any Fund makes Once a template for a particular type of Material has been approved by Subadviser in accordance with this Agreement (each, an unauthorized use “Approved Template”), all materials of the Portfolio Manager's namessame type or class based on the Approved Template shall be considered approved by Subadviser and Investment Adviser shall not be required to separately submit each example of such Materials to Subadviser for its review or approval; provided, derivativeshowever, logosthat no material change relating to the Subadviser’s Marks is made by Investment Adviser as compared to that shown in an Approved Template.
vi. Investment Adviser shall, trademarksupon Subadviser’s request, service marks or trade namesand without charge to Subadviser, supply copies of any Materials bearing any of the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefSubadviser’s Marks.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Life Funds” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationPortfolio. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “X. Xxxx Price Associates, Inc.” is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or one of the Portfolio, provided, however, that the Trust may continue to use the name (but not the logos) of the Subadviser in its Registration Statements and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logos in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and written approval by the Subadviser which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's such names, derivatives(and logo), logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship except as provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Life Funds” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationPortfolio. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “BlackRock Investment Management, LLC” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or one of the Portfolios, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and approval by the Subadviser, which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Principal Real Estate Investors LLC” and any derivative thereof or any logos associated with that name are the valuable property of the Subadviser (or an affiliate of the Subadviser) and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Life Funds” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Western Asset Management Company” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge (a) It is understood that the Portfolio name MainStay, MainStay VP Funds Trust or any derivative thereof or logo associated with that name is the valuable property of the Manager and/or its affiliates, and that the Subadvisor has the right to use such name (or derivative or logo) only with the approval of the Manager and only so long as the Manager is Manager to the sole owner Trust and/or the Series. Upon termination of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by Agreement between the Trust and the Manager, the Subadvisor shall forthwith cease to use such name (or derivative or logo).
(b) It is understood that the name "T. Xxxx Price" and its logos are the valuable property of the Subadvisor. The Subadvisor hereby grants to the Trust and the Manager a non-exclusive, world-wide, non-transferrable, non-sublicenseable, limited license to use such name (and logos), in the Trust's prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance or other laws for so long as the Subadvisor is a Subadvisor to the Trust. However, the Trust may continue to use the name (but not the logos) of the Subadvisor in its Registration Statements and other documents after termination of the Agreement to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. The Manager and shall not use the Trust agree they will review with Subadvisor's name or logos in promotional or sales related materials prepared by or on behalf of the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or on behalf of the Fund, without prior review and written approval by the Subadvisor. All such use shall be in accordance with Subadvisor's reasonable policies regarding advertising and trademark usageThe Manager acknowledges that they have no interest in Subadvisor's trademarks that are owned solely and exclusively by Subadvisor, and except for the limited license granted pursuant to this section, the Manager has no interest in the rights, title or interest in or to Subadvisor's trademarks. The Manager shall not apply for registration of Subadvisor's trademarks (or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that mxxx confusingly similar thereto) anywhere in the Portfolio Manager shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the 1940 Act or other applicable laws and regulations. Consent by the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationworld. Upon termination of this Agreement for any reasonAgreement, the Trust and the Manager shall forthwith cease all to use of any Portfolio Manager Mark(s) such name (or derivative or logo), except as soon xx reasonably practicable. If provided in the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefSection 19(b).
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Life Funds” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the names “Ivy Investment Management Company, and Ivy Funds” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or one of the Funds, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and approval by the Subadviser, which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Funds Series Trust” or “Pacific Funds,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Pacific Asset Management LLC,” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Life Funds” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationPortfolio. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “X.X. Xxxxxx Investment Management Inc.”, JPMorgan Chase & Co., and JPMorgan Asset Management and any derivative thereof or any logo associated with those names are the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or one of the Portfolio, provided, however, that the Trust may continue to use the name of the Subadviser in its Registrations Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and approval by the Subadviser, which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Wellington Management Company LLP” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Aristotle Capital Management, LLC,” “Aristotle Investment Services, LLC,” and “Aristotle Funds Series Trust” or “Aristotle Funds,” any abbreviated forms and derivatives thereof and any logos associated with those names are the adequacy valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Aristotle Capital Management, LLC,” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Samples: Subadvisory Agreement (Aristotle Funds Series Trust)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Xxxxxx Xxxxxxx Investment Management Inc.” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings of the Fund and variable products of the Investment Adviser or its affiliates which use the Fund as an underlying investment vehicle, or in other forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation and (ii) that the Fund and the Investment Adviser may use the “Xxxxxx Xxxxxxx Investment Management Inc.” name where (x) permitted by the Subadviser or (y) in the opinion of counsel to the Investment Adviser or the Fund, or as directed by the Securities and ·Exchange Commission, such use is necessary to make the disclosures contained in the Fund’s Registration Statement not misleading and the Investment Adviser provides the Subadviser with prompt notice of the required disclosure. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Life Funds” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Principal Global Investors, LLC,” “Macro Currency Group” and any derivative thereof or any logo associated with those names are the valuable property of the Subadviser (or an affiliate of the Subadviser) and that the Trust and the Investment Adviser have the right to use such name (or derivative) in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(ssuch names (and logo), except as provided for herein. Notwithstanding anything to the contrary in this subsection (b), should the Investment Advisor wish to use the logo, (i) as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that will (or will cause their relevant affiliate(s) to) negotiate in good faith a reasonable license agreement authorizing such use without additional fee and (ii) neither the Portfolio Manager Trust, nor the Investment Adviser shall suffer irreparable hardship for which monetary damages are inadequate and thus, be authorized to use the Portfolio Manager will be entitled to injunctive relieflogo before such a license agreement has been executed.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Life Funds” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationPortfolio. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Xxxxx Capital Management Incorporated” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or one of the Portfolios, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and approval by the Subadviser, which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Funds Series Trust,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement for Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “FIAM LLC,” any reason, abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Manager Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for so long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation.
i. Except as provided below, neither the Trust nor the Investment Adviser or any affiliate or agent thereof shall make reference to or use the name of the Subadviser or any of its affiliates in any advertising or promotional materials without prior approval of the Subadviser, which approval shall not be unreasonably withheld.
ii. During the term of this Agreement, the Investment Adviser shall have permission to use (a) the Subadviser’s full legal name, “FIAM LLC” and the Fidelity Investments logo (collectively, the “Marks”) in connection with the sale and marketing of the Funds. Investment Adviser shall provide to the Subadviser examples of the proposed materials bearing any Marks (collectively, “Materials”) for the Subadviser’s prior review and written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Subadviser or its affiliates(s) shall review and provided feedback, if any, on the proposed use as soon as possible, but in any event within ten (10) business days following Subadviser’s receipt of submitted Materials bearing any Marks.
iii. Notwithstanding anything contained herein to the contrary, the Investment Adviser may use the Subadviser’s name, “FIAM LLC” in any Materials when referring to the Subadviser in a factual manner without the need to seek the Subadviser’s, or an affiliate’s, written consent.
iv. Upon termination or expiration of this agreement, the Investment Adviser shall immediately cease all use of the Marks. Upon such termination or expiration of this Agreement, Investment Adviser shall either provide copies of all Materials bearing any Portfolio Manager Mark(s) Marks to the Subadviser or certify as soon xx reasonably practicableto the destruction of all such Materials.
v. The Parties agree that, in order to streamline the review and approval process for any Materials bearing the Marks, one or more templates for such Materials may be provided to Subadviser for Subadviser’s prior review and approval. If the Manager or any Fund makes Once a template for a particular type of Material has been approved by Subadviser in accordance with this Agreement (each, an unauthorized use “Approved Template”), all materials of the Portfolio Manager's namessame type or class based on the Approved Template shall be considered approved by Subadviser and Investment Adviser shall not be required to separately submit each example of such Materials to Subadviser for its review or approval; provided, derivativeshowever, logosthat no material change relating to the Subadviser’s Marks is made by Investment Adviser as compared to that shown in an Approved Template.
vi. Investment Adviser shall, trademarksupon Subadviser’s request, service marks or trade namesand without charge to Subadviser, supply copies of any Materials bearing any of the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefSubadviser’s Marks.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Select Fund,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Lxxxxx Sxxxxx” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Select Fund,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act Investment Adviser or other applicable laws its affiliate and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Western Asset Management Company, LLC,” any abbreviated forms and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Select Fund,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement for Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Fidelity Diversifying Solutions LLC,” any reason, abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Manager Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for so long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation.
i. Except as provided below, neither the Trust nor the Investment Adviser or any affiliate or agent thereof shall make reference to or use the name of the Subadviser or any of its affiliates in any advertising or promotional materials without prior approval of the Subadviser, which approval shall not be unreasonably withheld.
ii. During the term of this Agreement, the Investment Adviser shall have permission to use (a) the Subadviser’s full legal name, “Fidelity Diversifying Solutions LLC” as a simple statement of fact, provided that such statement is true and not misleading, and the Fidelity Investments logo (collectively, the “Marks”) in connection with the sale and marketing of the Funds. Investment Adviser shall provide to the Subadviser examples of the proposed materials bearing any Marks (collectively, “Materials”) for the Subadviser’s prior review and written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Subadviser or its affiliates(s) shall review and provided feedback, if any, on the proposed use as soon as possible, but in any event within ten (10) business days following Subadviser’s receipt of submitted Materials bearing any Marks.
iii. Notwithstanding anything contained herein to the contrary, the Investment Adviser may use the Subadviser’s name, “Fidelity Diversifying Solutions LLC” in any Materials when referring to the Subadviser in a factual manner without the need to seek the Subadviser’s, or an affiliate’s, written consent.
iv. Use of the Fidelity Investments logo must be strictly in compliance with the brand guidelines attached in Exhibit B.
v. Upon termination or expiration of this agreement, the Investment Adviser shall immediately cease all use of the Marks. Upon such termination or expiration of this Agreement, Investment Adviser shall either provide copies of all Materials bearing any Portfolio Manager Mark(s) Marks to the Subadviser or certify as soon xx reasonably practicableto the destruction of all such Materials.
vi. If The Parties agree that, in order to streamline the Manager review and approval process for any Materials bearing the Marks, one or any Fund makes more templates for such Materials may be provided to Subadviser for Subadviser’s prior review and approval. Once a template for a particular type of Material has been approved by Subadviser in accordance with this Agreement (each, an unauthorized use “Approved Template”), all materials of the Portfolio Manager's namessame type or class based on the Approved Template shall be considered approved by Subadviser and Investment Adviser shall not be required to separately submit each example of such Materials to Subadviser for its review or approval; provided, derivativeshowever, logosthat no material change relating to the Subadviser’s Marks is made by Investment Adviser as compared to that shown in an Approved Template.
vii. Investment Adviser shall, trademarksupon Subadviser’s request, service marks or trade namesand without charge to Subadviser, supply copies of any Materials bearing any of the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefSubadviser’s Marks.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “OppenheimerFunds, Inc.” and “Main Street” or any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or one of the Funds, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and approval by the Subadviser, which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark"a) under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its may use that makes reference to the Portfolio Manager Sub-Manager’s or its affiliates or any such name(s)affiliates’ name, derivatives, logoslogo, trademarks, service marks or trade namesmarks, it being understood that and/or tradenames (“Sub-Manager Property”) only: (1) to identify Sub-Manager as the Portfolio Manager shall have no responsibility sub-manager to ensure the adequacy of the form or content of such materials for purposes of the 1940 Act or other applicable laws and regulations. Consent by the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund as required by law or the Manager within 10 business days after the request is made by governmental regulations; (2) in marketing materials for the Trust, Fund or Manager for provided that such use of any Portfolio is limited to: (a) identifying Sub-Manager Mark or any such xxxxesentation. Upon termination of this Agreement and the services performed for any reason, the Trust by the Sub-Manager; and (b) providing biographical information about the Sub-Manager shall cease all that is accurately derived from information provided by or made public by Sub-Manager or its affiliates. Any other use of Sub-Manager Property must be expressly pre-approved in writing by Sub-Manager. Any change in any Portfolio approved use of Sub-Manager Mark(s) as soon xx reasonably practicableProperty requires prior approval in writing by the Sub-Manager. If the Manager or the Trust makes any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade namesSub-Manager Property, the parties acknowledge that the Portfolio Sub- Manager and its affiliates, as applicable, shall suffer irreparable hardship harm for which monetary damages are may be inadequate and thus, the Portfolio Sub-Manager will and its affiliates shall be entitled to injunctive relief, as well as any other remedy available under law. The Sub-Manager shall not use the name or any tradename, trademark, trade device, service mark, symbol or any abbreviation, contraction or simulation thereof of the Manager, the Trust, the Funds or any of their affiliates in its marketing materials unless it first receives prior written approval of the Trust and the Manager.
(b) It is understood that the name of each party to this Agreement, and any derivatives thereof or logos associated with that name, is the valuable property of the party in question and its affiliates, and that each other party has the right to use such names pursuant to the relationship created by, and in accordance with the terms of, this Agreement only so long as this Agreement shall continue in effect. Upon termination of this Agreement, the parties shall forthwith cease to use the names of the other parties (or any derivative or logo) as appropriate and to the extent that continued use is not required by applicable laws, rules and regulations.
Appears in 1 contract
Samples: Sub Management and Compliance Services Agreement (Venerable Variable Insurance Trust)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Funds” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “BlueBay Asset Management” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Samples: Subadvisory Agreement (PACIFIC FUNDS SERIES TRUST (Formerly Called PACIFIC LIFE FUNDS))
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Funds” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “QS Batterymarch Financial Management, Inc.”, “QS Batterymarch” and any abbreviated form and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Fund’s prospectus, SAI and the Trust’s Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Scout Investments, Inc.” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that A. For the Portfolio Manager is the sole owner term of this Agreement, each of the name Sub-Adviser, and mark "Salomon Brxxxxrs its affiliates, hereby grants to the Investment Adviser, the Trust, and their respective affiliates (each, a “Licensee”) a royalty-free license to use the names “Xxxxx Xxxxxxxxxx Inc." Brothers Xxxxxxxx & Co.,” “BBH&Co.,” “BBH,” “Xxxxx Brothers Xxxxxxxx Mutual Fund Department” and/or any combination thereof (collectively, the “BBH Names”),in offering documents and that regulatory filings made in connection with the operation of the Fund, including its use in the registration statement of the Trust (the “Registration Statement”). Nothing in this Agreement shall give any Licensee any right, title or interest in the BBH Names other than the license granted herein, and all goodwill generated through use of the BBH Names by any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement Licensee shall inure only to the benefit of the Portfolio Manager. The use by Sub-Adviser.
B. In connection with the promotion and provision of information about the Fund or Trust, Sub-Adviser shall provide to the Trust on or Investment Adviser upon reasonable request information relating to Sub-Adviser and its own behalf or on behalf of any services to the Fund or of any Portfolio Manager Mark for inclusion in any advertxxxxent promotional or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Managerdisclosure materials. The Trust and Manager shall not, without the consent Investment Adviser will not use Sub-Adviser’s name or any of the Portfolio Manager, BBH Names or make representations regarding the Portfolio Manager intended any statements relating to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager Sub-Adviser or its affiliates in any such promotional or disclosure materials or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure the adequacy of the form or content of such other materials for purposes of the 1940 Act or other applicable laws and regulations. Consent by the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by made available to the public until Sub-Adviser has reviewed and approved the materials prior to their first use. The Sub-Adviser will not use the Trust, Fund or Investment Adviser’s name or make any statements relating to the Manager within 10 business days after Adviser, the request Trust or the Fund in any such promotional or disclosure materials until the Adviser or the Trust has reviewed and approved the materials prior to their first use. Such approvals will not be unreasonably withheld or delayed. Prior approval is made not necessary for materials that merely list the Investment Adviser as the adviser to the Fund or the Sub-Adviser as the sub-adviser to the Fund. The Trust and Investment Adviser may not use the logo of the Sub-Adviser or any affiliate in any promotional materials without the prior approval of the Sub-Adviser, which Sub-Adviser may grant or withhold in its sole discretion. The Sub-Adviser may not use the logo of the Investment Adviser, the Trust or the Fund or any affiliate in any promotional materials without the prior approval of the Investment Adviser, the Trust or the Fund, which the Investment Adviser, the Trust of the Fund may withhold in each of their own discretion.
C. The Investment Adviser represents, warrants and covenants that the marketing and offering materials related to the Fund that are created by the Investment Adviser or the Trust, as applicable, that reference the BBH Names or the investment strategy that is implemented by the Fund (i) are and will be consistent in every material respect with the Fund’s Registration Statement and other materials and written disclosures provided to shareholders by the Investment Adviser and the Trust from time to time hereafter and (ii) do not and will not contain any untrue statement of a material fact or Manager for omit to state a material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading; provided, however, that the foregoing representation, warranty and covenant shall not extend to any information contained in the Fund’s Registration Statement or other materials (including any exhibit thereto) that was originally produced by or on behalf of the Sub-Adviser and that is accurately, in context and substance, incorporated into such documents and other materials from time to time related to the Funds.
D. Each Licensee shall cease to use the BBH Names and promptly amend, and, if necessary, file such amendment to, any applicable organizational document so that the BBH Names are no longer used in the Fund’s Registration Statement and other materials upon the earlier of any Portfolio Manager Mark or any such xxxxesentation. Upon (i) the termination of this Agreement; (iii) the liquidation of the Fund; or (iii) the termination of the Business Agreement for any reason, between the Trust Investment Adviser and the Manager shall cease all use of any Portfolio Manager Mark(s) Sub-Adviser dated [ ], as soon xx reasonably practicableamended from time to time. If the Manager or any Fund makes an unauthorized use Provided however that other than in connection with requirements of the Portfolio Manager's names1940 Act, derivativeswhich may continue for the duration of such period, logoseach Licensee, trademarksupon receiving written notice from the Sub-Adviser, service marks agrees to promptly cease using the BBH Names and any name, xxxx or trade names, logo type derived from or similar to the parties acknowledge BBH Names that indicate that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate and thusFund is associated with the Sub-Adviser in any manner, the Portfolio Manager will be entitled to injunctive reliefincluding, but not limited to, use in any sales literature, marketing or promotional material.
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Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Select Fund,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Delaware Investments Fund Advisers” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Funds” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content abbreviations, derivatives or logos) without the prior written approval of the Investment Adviser and only so long as the Investment Adviser is an investment adviser to the Trust and/or the Fund(s), provided, however, that the Investment Adviser or Trust, as applicable, hereby approves all uses of such materials for purposes names and/or logos which merely refer in accurate terms to the appointment of Subadviser hereunder or which are required by any state or local regulatory or governmental agency or body, including, without limitation, the 1940 Act SEC, the CFTC, NFA or any other applicable laws self-regulatory organization of which Subadviser is a member; and regulations. Consent by the Portfolio Manager to provided, further, that in no event shall such use of any Portfolio Manager Mark and any such xxxxesentation shall not approval be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationwithheld. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “AQR Capital Management, LLC” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents only to the extent necessary to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Samples: Subadvisory Agreement (PACIFIC FUNDS SERIES TRUST (Formerly Called PACIFIC LIFE FUNDS))
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and Pacific Life Funds and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationPortfolio. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Scout Investments” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or one of the Portfolios, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and approval by the Subadviser, which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “AllianceBernstein” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationPortfolio. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Xxxxx Capital Management Incorporated” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or one of the Portfolios, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and approval by the Subadviser, which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Select Fund,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Aristotle Pacific Capital, LLC” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Select Fund,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “ClearBridge Investments, LLC,” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Life Funds” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “OppenheimerFunds, Inc.” and “Main Street” or any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or one of the Funds, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and approval by the Subadviser, which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Select Fund,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Pacific Asset Management LLC,” any abbreviated form and derivative thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo) in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationPortfolio. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Scout Investments” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or one of the Portfolios, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and approval by the Subadviser, which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Select Fund,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Cadence Capital Management LLC,” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge (a) It is understood that the Portfolio Manager name "Van Eck" or any derivative thereof or logo associated with txxx xxxe is the sole owner valuable property of the name Advisor and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." its affiliates, and that all the Trust and Sub-Advisor have the right to use such name (or derivative or logo) only with the approval of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc the Advisor and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure only so long as the Advisor serves as investment adviser to the benefit Fund. Upon termination of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust Sub- Advisor Investment Advisory and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by Management Agreement between the Trust and the Manager. The Manager and Advisor, the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, Sub-Advisor shall forthwith cease to use such name (or notice prior to its use that makes reference to the Portfolio Manager derivative or its affiliates or any such name(slogo), derivatives, logos, trademarks, service marks or trade names, it being .
(b) It is understood that the Portfolio Manager name "Lazard Asset Management" or "Lazard" or any derivative thereof or logo associated with that name is the valuable property of the Sub-Advisor and its affiliates and that the Advisor, Trust and/or Fund have the right to use such name (or derivative or logo) in offering materials of the Trust with the approval of the Sub-Advisor and for so long as the Sub-Advisor serves as investment sub-adviser to the Fund. Upon termination of this Agreement the Trust and Advisor shall forthwith cease to use such name (or derivative or logo). During the term of this Agreement, the Advisor shall have no responsibility permission to ensure use the adequacy Sub-Advisor's name in the marketing of the form or content of such materials for purposes Fund; PROVIDED that the Advisor first obtains the approval of the 1940 Act Sub-Advisor to use its name or logo in any such marketing or other applicable laws and regulations. Consent by the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation materials, which approval shall not be unreasonably withheld and shall be deemed to be have been given if no written objection is received by the TrustSub-Advisor does not otherwise disapprove of such marketing or other materials within five business days of receipt thereof; and PROVIDED FURTHER that the Advisor shall not be required to obtain the approval of the Sub-Advisor for (i) any updates or non-material changes to such marketing or other materials that the Sub-Advisor has already approved, (ii) materials that only disclose that the Sub-Advisor serves as a sub-advisor to the Fund with respect to the Allocated Assets, and (iii) shareholder or client reporting that the Advisor or Trust may produce that describes the Sub-Advisor's performance or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentation. Upon termination of this Agreement for any reason, the Trust and the Manager shall cease all use of any Portfolio Manager Mark(s) as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio ManagerFund's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefperformance.
Appears in 1 contract
Samples: Investment Sub Advisory Agreement (Van Eck Worldwide Insurance Trust)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Robeco Investment Management” or “Boston Partners” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Rothschild Asset Management Inc.” and any abbreviated forms and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser. Subject to the prior written approval of the Subadviser, which approval may not be unreasonably withheld, neither the Trust nor the Investment Adviser shall have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Principal Global Investors, LLC” and “Macro Currency Group” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser (or an affiliate of the Subadviser) and that the Trust and the Investment Adviser have the right to use such name (or derivative), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and approval by the Subadviser, which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(ssuch names (and logo), except as provided for herein. Notwithstanding anything to the contrary in this subsection (b), should the Investment Advisor wish to use the logo, (i) as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that will (or will cause their relevant affiliate(s) to) negotiate in good faith a reasonable license agreement authorizing such use without additional fee and (ii) neither the Portfolio Manager Trust, nor the Investment Adviser shall suffer irreparable hardship for which monetary damages are inadequate and thus, be authorized to use the Portfolio Manager will be entitled to injunctive relieflogo before such a license agreement has been executed.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Aristotle Capital Management, LLC,” “Aristotle Investment Services, LLC,” and “Aristotle Funds Series Trust” or “Aristotle Funds,” any abbreviated forms and derivatives thereof and any logos associated with those names are the adequacy valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Aristotle Credit Partners, LLC,” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Samples: Subadvisory Agreement (Aristotle Funds Series Trust)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Select Fund,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “QS Investors, LLC,” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Funds Series Trust” or “Pacific Funds,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Principal Global Investors, LLC,” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge (a) It is understood that the Portfolio Manager is name "Pacific Life Insurance Company" and "Pacific Life" and "Pacific Select Fund" and any derivative thereof' or logo associated with those names are the sole owner valuable property of the name Investment Adviser and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." its affiliates, and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure not use such names (or derivatives or logos) without the adequacy prior written approval of the form Investment Adviser and only so long as the Investment Adviser is an investment adviser to the Fund and/or the Portfolios Upon termination of this Agreement, the Portfolio Manager shall forthwith cease to use such name (or content of such materials for purposes derivative or logo)
(b) It is understood that the name BlackRock or any logo associated with those names is the valuable property of the 1940 Act Portfolio Manager and that the Fund and the Investment Adviser have the right to use such name (or derivative or logo), in the Fund's prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable laws state or federal securities, insurance, or other. law, for so long as the Portfolio Manager is a Portfolio Manager to the Fund and/or one of the Portfolios, provided, however, that the Fund may continue to use the name of the Portfolio Manager in its Registrations Statement and regulationsother documents to the extent deemed necessary by the Fund to comply with disclosure obligations under applicable law and regulation. Consent Neither the Fund nor the Investment Adviser shall use the Portfolio Manager's name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Fund, without prior review and approval by the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation shall Manager, which may not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationwithheld. Upon termination of this Agreement for any reasonAgreement, the Trust Fund and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicableprovided for herein. If Subject to prior review and approval, the Manager or any Fund makes an unauthorized and the Investment Adviser retain the right to the use of the Portfolio Manager's namesMercury Advisors name through November 30, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive relief.2006
Appears in 1 contract
Samples: Portfolio Management Agreement (Pacific Select Fund)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the names “Ivy Investment Management Company, and Ivy Funds” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or one of the Funds, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and approval by the Subadviser, which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that During the Portfolio Manager is term of this Agreement, the sole owner Advisers shall have permission to use the Sub-Adviser's name in the marketing of the name Fund, and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logosagree to furnish the Sub-Adviser, trademarks, service marks or trade names for its prior approval (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the 1940 Act or other applicable laws and regulations. Consent by the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation which approval shall not be unreasonably withheld withheld) at its principal office all prospectuses, proxy statements and reports to shareholders prepared for distribution to shareholders of the Fund or the public that refer to the Sub-Adviser in any way. If Advisers do not receive a response from the Sub-Adviser with respect to such materials within five business days of its submission for approval, such materials shall be deemed accepted by the Sub-Adviser. The Sub-Adviser agrees that Advisers may request that the Sub-Adviser approve use of a certain type, and that Advisers need not provide for approval each additional piece of marketing material that is of substantially the same type. During the term of this Agreement, the Sub-Adviser shall not use the Advisers' names or the Trust's name without the prior consent of the Advisers. Expenses. During the Term of this Agreement, the Sub-Adviser will pay all expenses incurred by it in connection with the performance of its duties under paragraph 1 hereof other than the cost (including taxes, brokerage commissions and other transaction costs, if any) of the securities or other investment instruments purchased or sold for the Fund. Compensation of the Sub-Adviser. As full compensation for all services rendered, facilities furnished and expenses borne by the Sub-Adviser hereunder, the Sub-Adviser shall be paid the fees in the amounts and in the manner set forth in Appendix A hereto. Independent Contractor Status. The Sub-Adviser shall for all purposes hereof be deemed to be given if an independent contractor and shall, unless otherwise provided or authorized, have no written objection is received by authority to act for or represent the Trust, Trust or the Advisers in any way or otherwise be deemed an agent of the Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentation. Upon termination of this Agreement for any reason, the Trust and the Manager shall cease all use of any Portfolio Manager Mark(s) as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefAdvisers.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Select Fund,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Xxxxxx Investment Management, LLC,” “Putnam,” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Franklin Mutual Advisers, LLC” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager is the sole owner of the name and mark xxxx "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Xxxxxxx Xxxxxxxx Asset Management Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager MarkXxxx") under this Xxxxement Agreement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark Xxxx in any advertxxxxent advertisement or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the 1940 Act or other applicable laws and regulations. Consent by the Portfolio Manager to such use of any Portfolio Manager Mark Xxxx and any such xxxxesentation representation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark Xxxx or any such xxxxesentationrepresentation. Upon termination of this Agreement for any reason, the Trust and the Manager shall cease all use of any Portfolio Manager Mark(sXxxx(s) as soon xx as reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive relief.
Appears in 1 contract
Samples: Portfolio Management Agreement (Usallianz Variable Insurance Products Trust)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Xxxxxxxxx Xxxxxx Investment Advisers LLC”, “Xxxxxxxxx Xxxxxx” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name (but not the logos) of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logos in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Barings LLC” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree Sub-Adviser hereby consents to the use of its name and acknowledge that the Portfolio Manager is names of its affiliates in the sole owner Fund's disclosure documents, shareholder communications, advertising, sales literature and similar communications. The Sub-Adviser shall not use the name or any tradename, trademark, trade device, service xxxx, symbol or any abbreviation, contraction or simulation thereof of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logosAdviser, trademarksthe Trust, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or any of any Portfolio Manager Mark their affiliates in any advertxxxxent or sales literature or other its marketing materials promoting a Fund shall be with the unless it first receives prior written consent approval of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the ManagerAdviser. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being It is understood that the Portfolio Manager shall have no responsibility name of each party to ensure this Agreement, and any derivatives thereof or logos associated with that name, is the adequacy valuable propetiy of the form or content of party in question and its affiliates, and that each other party has the right to use such materials for purposes of names pursuant to the 1940 Act or other applicable laws relationship created by, and regulations. Consent by in accordance with the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation terms of, this Agreement only so long as this Agreement shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationcontinue in effect. Upon termination of this Agreement for any reasonAgreement, the Trust and parties shall forthwith cease to use the Manager shall cease all use names of the other parties (or any Portfolio Manager Mark(sderivative or logo) as soon xx reasonably practicableappropriate and to the extent that continued use is not required by applicable laws, rules and regulations. If Each party agrees that it will treat confidentially all information provided by any other party (the Manager "Discloser") regard ing the Discloser's businesses and operations, including without limitation the investment activities or any Fund makes an unauthorized use holdings of the Portfolio Manageror the Fund ("Confidential Information"). All Confidential Information provided by the Discloser shall be used only by the other party hereto (the "Recipient") solely for the purposes of rendering services pursuant to this Agreement, and shall not be disclosed to any third pa1iy, without the prior consent of the Discloser, except for a limited number of employees, attorneys, accountants and other advisers of the Recipient and its affiliates on a need-to-know basis and solely for the purposes of rendering services under this Agreement. Confidential Information shall not include any information that: (i) is public when provided or thereafter becomes public through no wrongful act of the Recipient; (ii) is demonstrably known to the Recipient prior to execution of this Agreement; (iii) is independently developed by the Recipient through no wrongful act of the Recipient in the ordinary course of business outside of this Agreement; (iv) is generally employed by the trade at the time that the Recipient learns of such information or knowledge; or (v) has been rightfully and lawfully obtained by the Recipient from any third paiiy. In the event that the Recipient is requested or required (by deposition, interrogatories, requests for information or documents in legal proceedings, subpoenas, civil investigative demand or similar process), in connection with any proceeding, to disclose any of the Discloser's names, derivatives, logos, trademarks, service marks or trade namesConfidential Information, the parties acknowledge Recipient will give the Discloser prompt written notice of such request or requirement to allow the Discloser an opportunity to obtain a protective order or otherwise obtain assurances that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate and thus, the Portfolio Manager confidential treatment will be entitled accorded to injunctive reliefsuch Confidential Information. In the event that such protective order or other remedy is not obtained, disclosure shall be made of only that portion of the Confidential Information that is legally required to be disclosed. All Confidential Information disclosed as required by Jaw shall nonetheless continue to be deemed Confidential Information.
Appears in 1 contract
Samples: Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II)
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationPortfolio. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the names “RiverSource Investments”, “RiverSource”, “Columbia Management Advisors”, “Columbia Management”, “Columbia Management Investment Advisers” and “Columbia” and any derivative thereof or any logo associated with those names are the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or abbreviations, derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or one of the Portfolio, provided, however, that the Trust may continue to use these names in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use these names or Subadviser’s name (if different) or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and approval by the Subadviser, which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Select Fund,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “Principal Global Investors, LLC,” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “AllianceBernstein L.P.” and any derivative thereof or any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” and “Pacific Select Fund,” any abbreviated forms and derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationFund(s). Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “American Century,” any abbreviated forms and derivatives thereof and any logo associated with that name is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative or logo), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or a Fund, provided, however, that the Trust may continue to use the name of the Subadviser in its Registration Statement and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust without prior review and approval by the Subadviser, which approval may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) such names (and logo), except as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure name “Pacific Life Insurance Company,” “Pacific Life Fund Advisors LLC,” “Pacific Asset Management,” and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names (including, without limitation, the adequacy whale logo) are the valuable property of the form Investment Adviser and its affiliates, and that the Subadviser shall not use such names (or content of such materials for purposes abbreviations, derivatives or logos) without the prior written approval of the 1940 Act or other applicable laws Investment Adviser and regulations. Consent by only so long as the Portfolio Manager Investment Adviser is an investment adviser to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by the Trust, Fund or Trust and/or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationPortfolio. Upon termination of this Agreement Agreement, the Subadviser shall forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “X. Xxxx Price Associates, Inc.” is the valuable property of the Subadviser and that the Trust and the Investment Adviser have the right to use such name (or derivative), in the Trust’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for any reasonso long as the Subadviser is a Subadviser to the Trust and/or one of the Portfolio, provided, however, that the Trust may continue to use the name (but not the logos) of the Subadviser in its Registration Statements and other documents to the extent deemed necessary by the Trust to comply with disclosure obligations under applicable law and regulation. Neither the Trust nor the Investment Adviser shall use the Subadviser’s name or logos in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Trust, without prior review and written approval by the Subadviser which may not be unreasonably withheld. Upon termination of this Agreement, the Trust and the Manager Investment Adviser shall forthwith cease all to use of any Portfolio Manager Mark(s) as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's such names, derivatives(and logo), logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship except as provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge that the Portfolio Manager (a) It is the sole owner of the name and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio names “Pacific Life Insurance Company” and “Pacific Life” and “Pacific Funds” and any derivative thereof or logo associated with those names are the valuable property of the Investment Adviser and its affiliates, and that the Manager shall have no responsibility to ensure not use such names (or derivatives or logos) without the adequacy prior written approval of the form or content of such materials for purposes of Investment Adviser and only so long as the 1940 Act or other applicable laws and regulations. Consent by Investment Adviser is an investment adviser to the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by Fund and/or the Trust, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationPortfolios. Upon termination of this Agreement for any reasonAgreement, the Trust and the Manager shall forthwith cease all to use such names (or derivatives or logos).
(b) It is understood that the names “Xxx Xxxxxx” and “Xxxxxx Xxxxxxx Investment Management Inc.” and any derivative thereof or logo associated with those names are the valuable property of any Portfolio the Manager Mark(sand that the Fund and the Investment Adviser have the right to use the Xxx Xxxxxx name (or derivatives or logos) in the Prospectus, and the Fund’s Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for so long as soon xx reasonably practicable. If the Manager is a Manager to the Fund and/or one of the Portfolios, provided, however, that (i) the Fund may continue to use the name of the Manager in its Registration Statements and other documents to the extent deemed necessary by the Fund to comply with disclosure obligations under applicable law and regulation and (ii) that the Fund and the Investment Adviser may use the “Xxxxxx Xxxxxxx Investment Management Inc.” name where (x) permitted by the Manager or any Fund makes an unauthorized (y) in the opinion of counsel to the Investment Adviser or the Fund, or as directed by the Securities and Exchange Commission, such use is necessary to make the disclosures contained in the Fund’s Registration Statement not misleading and the Investment Adviser provides the Manager with prompt notice of the Portfolio required disclosure. Neither the Fund nor the Investment Adviser shall use the Manager's names’s names or derivatives or logos as described above in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Fund, derivativeswithout prior review and approval by the Manager, logos, trademarks, service marks or trade nameswhich may not be unreasonably withheld. Upon termination of this Agreement, the parties acknowledge that Fund and the Portfolio Manager Investment Adviser shall suffer irreparable hardship forthwith cease to use such names (and logo), except as provided for which monetary damages are inadequate and thus, the Portfolio Manager will be entitled to injunctive reliefherein.
Appears in 1 contract
Use of Name. The parties agree and acknowledge (a) It is understood that the Portfolio Manager is name “Pacific Life Insurance Company”, “Pacific Life Fund Advisors LLC”, “Pacific Asset Management”, and “Pacific Select Fund” and any abbreviated forms and any derivatives thereof and any logos associated with those names are the sole owner valuable property of the name Investment Adviser and mark "Salomon Brxxxxrs Xxxxx Xxxxxxxxxx Inc." its affiliates, and that all use of any designation comprised in whole or in part of Salomon Brothers Asset Management Inc and use of any logos, trademarks, service marks or trade names (a "Portfolio Manager Mark") under this Xxxxement shall inure to the benefit of the Portfolio Manager. The use by the Trust on its own behalf or on behalf of any Fund or of any Portfolio Manager Mark in any advertxxxxent or sales literature or other materials promoting a Fund shall be with the written consent of the Portfolio Manager. The Trust and Manager shall not, without the consent of the Portfolio Manager, make representations regarding the Portfolio Manager intended to be disseminated to the investing public in any disclosure document, advertisement or sales literature or other materials promoting any Fund. Such consent shall not be required for any documents or other materials intended for use by the Trust's trustees and for internal use by the Trust and the Manager. The Manager and the Trust agree they will review with the Portfolio Manager any advertisement, sales literature, or notice prior to its use that makes reference to the Portfolio Manager or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that the Portfolio Manager shall have no responsibility to ensure not use such names (or abbreviations, derivatives or logos) without the adequacy prior written approval of the form or content of such materials for purposes of Investment Adviser and only so long as the 1940 Act or other applicable laws and regulations. Consent by Investment Adviser is an investment adviser to the Portfolio Manager to such use of any Portfolio Manager Mark and any such xxxxesentation shall not be unreasonably withheld and shall be deemed to be given if no written objection is received by Fund and/or the Trust, Fund or the Manager within 10 business days after the request is made by the Trust, Fund or Manager for such use of any Portfolio Manager Mark or any such xxxxesentationPortfolio. Upon termination of this Agreement for any reasonAgreement, the Trust and the Manager shall cease all use of any Portfolio Manager Mark(s) as soon xx reasonably practicable. If the Manager or any Fund makes an unauthorized use of the Portfolio Manager's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Portfolio Manager shall suffer irreparable hardship for which monetary damages are inadequate forthwith cease to use such names (or abbreviations, derivatives or logos).
(b) It is understood that the name “J.X. Xxxxxx Investment Management Inc”., “JPMorgan Chase & Co.”, “JPMorgan Asset Management” and thus, any derivative thereof or any logo associated with those names is the valuable property of the Portfolio Manager will and that the Fund and the Investment Adviser have the right to use such name (or derivative or logo), in the Fund’s prospectus, SAI and Registration Statement or other filings, forms or reports required under applicable state or federal securities, insurance, or other law, for so long as the Portfolio Manager is a Portfolio Manager to the Fund and/or one of the Portfolio, provided, however, that the Fund may continue to use the name of the Portfolio Manager in its Registrations Statement and other documents to the extent deemed necessary by the Fund to comply with disclosure obligations under applicable law and regulation. Neither the Fund nor the Investment Adviser shall use the Portfolio Manager’s name or logo in promotional or sales related materials prepared by or on behalf of the Investment Adviser or the Fund, without prior review and approval by the Portfolio Manager, which may not be entitled unreasonably withheld. Upon termination of this Agreement, the Fund and the Investment Adviser shall forthwith cease to injunctive reliefuse such names (and logo), except as provided for herein.
Appears in 1 contract
Samples: Portfolio Management Agreement (Pacific Select Fund)