USE OF SUB-ADVISER’S NAME. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser, and any derivative, logo, trademark, service xxxx or trade name, or any variation of such logo, trademark or service xxxx (collectively, the “Xxxxxxx Sachs Asset Management, X.X. Xxxxx”) are the valuable property of the Sub-Adviser and its affiliates. The Adviser and the Trust shall have the right to use such Xxxxxxx Sachs Asset Management, X.X. Xxxxx only with the prior written approval of the Sub-Adviser so long as the Sub-Adviser is a sub-adviser to the Trust. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use such Xxxxxxx Sachs Asset Management, X.X. Xxxxx. The Adviser and the Trust agrees that (A) they will review with the Sub-Adviser any advertisement, sales literature, notice or other materials that makes reference to the Sub-Adviser or its affiliates or any such Xxxxxxx Sachs Asset Management, X.X. Xxxxx prior to its use so that the Sub-Adviser may review the context in which it is referred to, it being agreed that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Securities Act, the Investment Company Act, or other applicable laws and regulations and (B) they shall not use or distribute any such advertisement, sales literature, notice or other materials if the Sub-Adviser reasonably objects within a reasonable timeframe (or such other period as may be mutually agreed) after the Sub-Adviser’s receipt thereof. If the Adviser or the Trust makes any unauthorized use of the Xxxxxxx Sachs Asset Management, X.X. Xxxxx, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages are inadequate and, thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law.
Appears in 4 contracts
Samples: Investment Sub Advisory Agreement (Eq Advisors Trust), Investment Sub Advisory Agreement (Eq Advisors Trust), Investment Sub Advisory Agreement (Eq Advisors Trust)
USE OF SUB-ADVISER’S NAME. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser, and any derivative, logo, trademark, service xxxx or trade name, or any variation of such logo, trademark or service xxxx (collectively, the “Xxxxxxx Sachs Asset Management, X.X. Xxxxx”) are the valuable property of the Sub-Adviser and its affiliates. The Adviser and the Trust shall have the right to use such Xxxxxxx Sachs Asset Managementnames, X.X. Xxxxx derivatives, logos, trademarks, service marks or trade names only with the prior written approval of the Sub-Adviser Adviser, which approval shall not be unreasonably withheld or delayed so long as the Sub-Adviser this Agreement is a sub-adviser to the Trustin effect. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use such Xxxxxxx Sachs Asset Managementnames, X.X. Xxxxxderivatives, logos, trademarks, service marks or trade names. The Adviser and the Trust agrees that (A) they it will review with the Sub-Adviser any advertisement, sales literature, literature or notice or other materials prior to its use that makes reference to the Sub-Adviser or its affiliates or any such Xxxxxxx Sachs Asset Managementnames, X.X. Xxxxx prior to its use derivatives, logos, trademarks, service marks or trade names so that the Sub-Adviser may review the context in which it is referred to, it being agreed to and Adviser will cease any such use if the Sub-Adviser reasonably objects to such use. The Adviser agrees that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Securities Act, the Investment Company Act, or other applicable laws and regulations and (B) they shall not use or distribute any such advertisement, sales literature, notice or other materials if the Sub-Adviser reasonably objects within a reasonable timeframe (or such other period as may be mutually agreed) after the Sub-Adviser’s receipt thereofregulations. If the Adviser or the Trust makes any unauthorized use of the Xxxxxxx Sachs Asset ManagementSub-Adviser’s names, X.X. Xxxxxderivatives, logos, trademarks, service marks or trade names, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages are may be inadequate and, thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law.
Appears in 3 contracts
Samples: Investment Sub Advisory Agreement (Eq Advisors Trust), Investment Sub Advisory Agreement (Eq Advisors Trust), Investment Sub Advisory Agreement (Eq Advisors Trust)
USE OF SUB-ADVISER’S NAME. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser, and any derivative, logo, trademark, service xxxx or trade name, or any variation of such logo, trademark or service xxxx (collectively, the “Xxxxxxx Sachs Xxxxx Asset Management, X.X. Xxxxx”) are the valuable property of the Sub-Adviser and its affiliates. The Adviser and the Trust shall have the right to use such Xxxxxxx Sachs Xxxxx Asset Management, X.X. Xxxxx only with the prior written approval of the Sub-Adviser so long as the Sub-Adviser is a sub-adviser to the Trust. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use such Xxxxxxx Sachs Xxxxx Asset Management, X.X. Xxxxx. The Adviser and the Trust agrees that (A) they will review with the Sub-Adviser any advertisement, sales literature, notice or other materials that makes reference to the Sub-Adviser or its affiliates or any such Xxxxxxx Sachs Xxxxx Asset Management, X.X. Xxxxx prior to its use so that the Sub-Adviser may review the context in which it is referred to, it being agreed that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Securities Act, the Investment Company Act, or other applicable laws and regulations and (B) they shall not use or distribute any such advertisement, sales literature, notice or other materials if the Sub-Adviser reasonably objects within a reasonable timeframe (or such other period as may be mutually agreed) after the Sub-Adviser’s receipt thereof. If the Adviser or the Trust makes any unauthorized use of the Xxxxxxx Sachs Xxxxx Asset Management, X.X. Xxxxx, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages are inadequate and, thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law.
Appears in 2 contracts
Samples: Investment Sub Advisory Agreement (Eq Advisors Trust), Investment Sub Advisory Agreement (Eq Advisors Trust)
USE OF SUB-ADVISER’S NAME. The parties agree that the names of the Sub-Adviser and its affiliates and the Sub-Adviser’s and its affiliates’ logos, trademarks, service marks or trade names and any derivatives of such (altogether “Sub-Adviser Property”) are the valuable property of the Subadviser and its affiliates. The Adviser and the Trust may use Subadviser Property only: (1) to identify Sub-Adviser as the Sub-adviser to a Portfolio as required by law or governmental regulations; (2) in marketing materials for a Portfolio provided that such use is limited to: (a) identifying Sub-Adviser and the services performed for the Portfolio by the Sub-Adviser; and (b) providing biographical information about the Sub-Adviser that is accurately derived from information provided by or made public by Sub-Adviser or its affiliates; and (3) to name the Portfolio “AXA/Xxxxxxxxx Global Equity Managed Volatility Portfolio.” Any other use of Sub-Adviser Property must be expressly pre-approved in writing by Subadviser, which approval shall not be unreasonably withheld or delayed so long as this Agreement is in effect. Any change in any approved use of Sub-Adviser Property including, without limitation, change in the name of a Portfolio, requires prior approval in writing by the Sub-Adviser. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use Sub-Adviser Property. If the Adviser or the Trust makes any unauthorized use of Sub-Adviser Property, the parties acknowledge that the Sub-Adviser and its affiliates shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Sub-Adviser and its affiliates shall be entitled to injunctive relief, as well as any other remedy available under law. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser, and any derivative, logo, trademark, service xxxx or trade namename of the Sub-Adviser or its affiliates, or any variation of such logo, trademark or service xxxx (collectively, the “Xxxxxxx Sachs Asset Management, X.X. Xxxxx”) are the valuable property of the Sub-Adviser and its affiliates. The Adviser and the Trust shall have the right to use such Xxxxxxx Sachs Asset Management, X.X. Xxxxx only with the prior written approval of the Sub-Adviser so long as the Sub-Adviser is a sub-adviser to the Trust. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use such Xxxxxxx Sachs Asset Management, X.X. Xxxxx. The Adviser and the Trust agrees that (A) they will review with the Sub-Adviser any advertisement, sales literature, notice or other materials that makes reference to the Sub-Adviser or its affiliates or any such Xxxxxxx Sachs Asset Management, X.X. Xxxxx prior to its use so that the Sub-Adviser may review the context in which it is referred to, it being agreed that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Securities Act, the Investment Company Act, or other applicable laws and regulations and (B) they shall not use or distribute any such advertisement, sales literature, notice or other materials if the Sub-Adviser reasonably objects within a reasonable timeframe (or such other period as may be mutually agreed) after the Sub-Adviser’s receipt thereof. If the Adviser or the Trust makes any unauthorized use of the Xxxxxxx Sachs Asset Management, X.X. Xxxxx, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages are inadequate and, thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law.
Appears in 1 contract
Samples: Investment Sub Advisory Agreement (Eq Advisors Trust)
USE OF SUB-ADVISER’S NAME. The parties agree that the name of the each Sub-Adviser, the names of any affiliates of the Sub-Adviser, Advisers and any derivative, logo, trademark, derivative or logo or trademark or service xxxx or trade name, or any variation of such logo, trademark or service xxxx (collectively, the “Xxxxxxx Sachs Asset Management, X.X. Xxxxx”) name are the valuable property of the Sub-Adviser and its affiliates. The Adviser Manager acknowledges that DOUBLELINE® is a registered trademark of DL Capital and agrees that the DOUBLELINE® service xxxx shall be displayed within any materials in which the DoubleLine name is used. The phrase “DoubleLine® is a registered trademark of DoubleLine Capital LP.” shall be included in such materials. The Manager and the Trust shall have the right to use such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxx derivatives, logos, trademarks or service marks or trade names only with the prior written approval of the Sub-Adviser Advisers, which approval shall not be unreasonably withheld or delayed so long as the Sub-Adviser this Agreement is a sub-adviser to the Trustin effect. Upon termination of this Agreement, the Adviser Manager and the Trust shall forthwith cease to use such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxxderivatives, logos, trademarks or service marks or trade names. The Adviser Manager and the Trust agrees agree that (A) they will review with the Sub-Adviser Advisers any regulatory filing, advertisement, sales literature, or notice or other materials prior to its use that makes reference to the a Sub-Adviser or its affiliates or any such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxx prior to its use derivatives, logos, trademarks, service marks or trade names so that the Sub-Adviser may review the context in which it is referred to, it being agreed that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Securities Act, the Investment Company Act, Act or other applicable laws and regulations and (B) they shall not use or distribute any such advertisement, sales literature, notice or other materials if the Sub-Adviser reasonably objects within a reasonable timeframe (or such other period as may be mutually agreed) after the Sub-Adviser’s receipt thereofregulations. If the Adviser Manager or the Trust makes any unauthorized use of the Xxxxxxx Sachs Asset ManagementSub-Advisers’ names, X.X. Xxxxxderivatives, logos, trademarks or service marks or trade names, the parties acknowledge that the Sub-Adviser Advisers shall suffer irreparable harm for which monetary damages are inadequate and, and thus, the Sub-Adviser Advisers shall be entitled to injunctive relief, as well as any other remedy available under law.
Appears in 1 contract
Samples: Investment Sub Advisory Agreement (Eq Advisors Trust)
USE OF SUB-ADVISER’S NAME. The parties agree that the name of the each Sub-Adviser, the names of any affiliates of the Sub-Adviser, Advisers and any derivative, logo, trademark, derivative or logo or trademark or service xxxx or trade name, or any variation of such logo, trademark or service xxxx (collectively, the “Xxxxxxx Sachs Asset Management, X.X. Xxxxx”) name are the valuable property of the Sub-Adviser and its affiliates. The Adviser acknowledges that DOUBLELINE® is a registered trademark of DL Capital and agrees that the DOUBLELINE® service xxxx shall be displayed within any materials in which the DoubleLine name is used. The phrase “DoubleLine® is a registered trademark of DoubleLine Capital LP.” shall be included in such materials. The Adviser and the Trust shall have the right to use such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxx derivatives, logos, trademarks or service marks or trade names only with the prior written approval of the Sub-Adviser Advisers, which approval shall not be unreasonably withheld or delayed so long as the Sub-Adviser this Agreement is a sub-adviser to the Trustin effect. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxxderivatives, logos, trademarks or service marks or trade names. The Adviser and the Trust agrees agree that (A) they will review with the Sub-Adviser Advisers any regulatory filing, advertisement, sales literature, or notice or other materials prior to its use that makes reference to the a Sub-Adviser or its affiliates or any such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxx prior to its use derivatives, logos, trademarks, service marks or trade names so that the Sub-Adviser may review the context in which it is referred to, it being agreed that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Securities Act, the Investment Company Act, Act or other applicable laws and regulations and (B) they shall not use or distribute any such advertisement, sales literature, notice or other materials if the Sub-Adviser reasonably objects within a reasonable timeframe (or such other period as may be mutually agreed) after the Sub-Adviser’s receipt thereofregulations. If the Adviser or the Trust makes any unauthorized use of the Xxxxxxx Sachs Asset ManagementSub-Advisers’ names, X.X. Xxxxxderivatives, logos, trademarks or service marks or trade names, the parties acknowledge that the Sub-Adviser Advisers shall suffer irreparable harm for which monetary damages are inadequate and, and thus, the Sub-Adviser Advisers shall be entitled to injunctive relief, as well as any other remedy available under law.
Appears in 1 contract
USE OF SUB-ADVISER’S NAME. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser, Adviser and any derivative, logo, trademark, derivative or logo or trademark or service xxxx or trade name, or any variation of such logo, trademark or service xxxx (collectively, the “Xxxxxxx Sachs Asset Management, X.X. Xxxxx”) name are the valuable property of the Sub-Adviser and its affiliates. The Adviser MassMutual and the Trust Fund shall have the right to use such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxx derivatives, logos, trademarks or service marks or trade names only with the prior written approval of the Sub-Adviser Sub- Adviser, which approval shall not be unreasonably withheld or delayed so long as the this Sub-Adviser Advisory Agreement is a sub-adviser in effect. It is understood that certain materials used in the ordinary course of business, such as prospectuses, financial reports, fund fact sheets and materials provided to the TrustTrustees, do not require such prior approval. Upon termination of this Sub-Advisory Agreement, the Adviser MassMutual and the Trust Fund shall forthwith cease to use such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxxderivatives, logos, trademarks or service marks or trade names. The Adviser MassMutual and the Trust agrees Fund agree that (A) they will review with the Sub-Adviser any advertisement, sales literature, or notice or other materials prior to its use that makes reference to the Sub-Adviser or its affiliates or any such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxx prior derivatives, logos, trademarks, service marks or trade names to its use so that the Sub-Adviser may review the context in which it is referred to, it being agreed that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Securities Act, the Investment Company Act, Act or other applicable laws and regulations and (B) they shall not use or distribute any regulations. Upon such advertisementreview, sales literature, notice or other materials if the Sub-Adviser reasonably objects within a reasonable timeframe (shall approve or such other period as may reject the materials, with the understanding that approval thereof shall not be mutually agreed) after the Sub-Adviser’s receipt thereofunreasonably withheld. If the Adviser MassMutual or the Trust Fund makes any unauthorized use of the Xxxxxxx Sachs Asset ManagementSub-Adviser’s names, X.X. Xxxxxderivatives, logos, trademarks or service marks or trade names, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages are inadequate and, and thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law.
Appears in 1 contract
Samples: Investment Sub Advisory Agreement (Massmutual Institutional Funds)
USE OF SUB-ADVISER’S NAME. The parties agree that the name of the Sub-Adviser, and any derivative thereof, the names of any affiliates of the Sub-Adviser, Adviser and any derivative, logo, trademark, derivative or logo or trademark or service xxxx or trade name, or any variation of such logo, trademark or service xxxx name (collectively, the “Xxxxxxx Sachs Asset Management, X.X. XxxxxPIMCO Marks”) are the valuable property of the Sub-Adviser and its affiliates. The Adviser and the Trust shall have the right to use such Xxxxxxx Sachs Asset Management, X.X. Xxxxx the PIMCO Marks only with the prior written approval of the Sub-Adviser Adviser, which approval shall not be unreasonably withheld or delayed so long as this Agreement is in effect. The permission to use the SubPIMCO Marks is non-exclusive, non-transferable and non-assignable. In obtaining permission to use the PIMCO Marks for this purpose, the Adviser is a sub-adviser and Fund will acquire no right, title, or interest whatsoever to any of the TrustPIMCO Marks. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use such Xxxxxxx Sachs Asset Management, X.X. Xxxxxthe PIMCO Marks. The Adviser and the Trust agrees agree that (A) they will review with the Sub-Adviser any advertisement, sales literature, or notice or other materials prior to its use that makes reference to the Sub-Adviser or its affiliates or any such Xxxxxxx Sachs Asset Management, X.X. Xxxxx prior to its use PIMCO Marks so that the Sub-Adviser may review the context in which it is referred to, it being agreed that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Securities Act, the Investment Company Act, Act or other applicable laws and regulations and (B) they shall not use or distribute any such advertisement, sales literature, notice or other materials if the Sub-Adviser reasonably objects within a reasonable timeframe (or such other period as may be mutually agreed) after the Sub-Adviser’s receipt thereofregulations. If the Adviser or the Trust makes any unauthorized use of the Xxxxxxx Sachs Asset Management, X.X. XxxxxPIMCO Marks, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages are may be inadequate and, and thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law.
Appears in 1 contract
USE OF SUB-ADVISER’S NAME. The parties agree that the name names of both the Sub-AdviserAdviser and MassMutual, the names of any affiliates of the Sub-Adviser, Adviser or MassMutual and any derivative, logo, trademark, derivative or logo or trademark or service xxxx or trade name, or any variation of such logo, trademark or service xxxx (collectively, the “Xxxxxxx Sachs Asset Management, X.X. Xxxxx”) name are the valuable property of the Sub-Adviser Adviser, MassMutual and its each company’s affiliates. The Adviser MassMutual and the Trust Fund shall have the right to use such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxx derivatives, logos, trademarks or service marks or trade names only with the prior written approval of the Sub-Adviser Adviser, which approval shall not be unreasonably withheld or delayed so long as this Sub-Advisory Agreement is in effect. Similarly, the Sub-Adviser shall have the right to use such name(s), derivatives, logos, trademarks or service marks or trade names only with the prior written approval of MassMutual, which approval shall not be unreasonably withheld or delayed so long as this Sub-Advisory Agreement is a sub-adviser in effect. It is understood that certain materials used in the ordinary course of business, such as prospectuses, financial reports, fund fact sheets and materials provided to the TrustTrustees, do not require such prior approval. Upon termination of this Sub-Advisory Agreement, the Adviser Sub-Adviser, MassMutual and the Trust Fund shall forthwith cease to use such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxxderivatives, logos, trademarks or service marks or trade names. The Adviser Sub-Adviser, MassMutual and the Trust agrees Fund agree that (A) they will review with the Sub-Adviser other parties any advertisement, sales literature, or notice or other materials prior to its use that makes reference to the Sub-Adviser Adviser, MassMutual or its affiliates their affiliates, as applicable, or any such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxx prior to its use derivatives, logos, trademarks, service marks or trade names so that the Sub-Adviser Adviser, MassMutual or their affiliates may review the context in which it is they are referred to, it being agreed that the Sub-Adviser each party shall have no responsibility to ensure the adequacy of the form or content of such materials used by the other parties for purposes of the Securities Act, the Investment Company Act, Act or other applicable laws and regulations and (B) they shall not use or distribute any such advertisement, sales literature, notice or other materials if the Sub-Adviser reasonably objects within a reasonable timeframe (or such other period as may be mutually agreed) after regulations. If the Sub-Adviser’s receipt thereof. If the Adviser , MassMutual or the Trust Fund makes any unauthorized use of the Xxxxxxx Sachs Asset Managementanother party’s names, X.X. Xxxxxderivatives, logos, trademarks or service marks or trade names, the parties acknowledge that the Sub-Adviser other parties shall suffer irreparable harm for which monetary damages are inadequate and, and thus, the Sub-Adviser other parties shall be entitled to injunctive relief, as well as any other remedy available under law.
Appears in 1 contract
Samples: Investment Sub Advisory Agreement (MML Series Investment Fund II)
USE OF SUB-ADVISER’S NAME. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser, Adviser and any derivative, logo, trademark, derivative or logo or trademark or service xxxx or trade name, or any variation of such logo, trademark or service xxxx (collectively, the “Xxxxxxx Sachs Xxxxx Asset Management, X.X. Xxxxx”) ), are the valuable property of the Sub-Adviser and its affiliates. The Adviser Manager and the Trust shall have the right to use such Xxxxxxx Sachs Xxxxx Asset Management, X.X. Xxxxx only with the prior written approval of the Sub-Adviser so long as the Sub-Adviser is a sub-adviser to the Trust. Upon termination of this Agreement, the Adviser Manager and the Trust shall forthwith cease to use such Xxxxxxx Sachs Xxxxx Asset Management, X.X. Xxxxx. The Adviser Manager and the Trust agrees agree that (A) they will review with the Sub-Adviser any advertisement, sales literature, notice or other materials prior to its use that makes reference to the Sub-Adviser or its affiliates or any such Xxxxxxx Sachs Xxxxx Asset Management, X.X. Xxxxx prior to its use so that the Sub-Adviser may review the context in which it is referred to, it being agreed that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Securities Act, the Investment Company Act, Act or other applicable laws and regulations and (B) they shall not use or distribute any such advertisement, sales literature, notice or other materials if the Sub-Adviser reasonably objects within a reasonable timeframe (or such other period as may be mutually agreed) after the Sub-Adviser’s receipt thereof. If the Adviser Manager or the Trust makes any unauthorized use of the Xxxxxxx Sachs Xxxxx Asset Management, X.X. Xxxxx, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages are inadequate and, and thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law.
Appears in 1 contract
Samples: Investment Sub Advisory Agreement (Eq Advisors Trust)
USE OF SUB-ADVISER’S NAME. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser, Adviser and any derivative, logo, trademark, derivative or logo or trademark or service xxxx or trade name, or any variation of such logo, trademark or service xxxx (collectively, the “Xxxxxxx Sachs Asset Management, X.X. Xxxxx”) name are the valuable property of the Sub-Adviser and its affiliates. The Adviser Manager and the Trust shall have the right to use such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxx derivatives, logos, trademarks or service marks or trade names only with the prior written approval of the Sub-Adviser Adviser, which approval shall not be unreasonably withheld or delayed so long as this Agreement is in effect. The Manager shall comply, and shall use commercially reasonable efforts to cause the Trust to comply, with any reasonable guidelines or other instructions provided in writing by the Sub-Adviser to the Manager regarding the use of any such name(s), derivatives, logos, trademarks or service marks or trade names, and the Manager shall reasonably cooperate with the Sub-Adviser is a subseeking to protect any rights that Sub-adviser to Adviser or its affiliates may have in any of the Trustforegoing. Upon termination of this Agreement, the Adviser Manager and the Trust shall forthwith cease to use such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxxderivatives, logos, trademarks or service marks or trade names. The Adviser Manager and the Trust agrees agree that (A) they will review with the Sub-Adviser any advertisement, sales literature, or notice or other materials prior to its use that makes reference to the Sub-Adviser or its affiliates or any such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxx prior to its use derivatives, logos, trademarks, service marks or trade names so that the Sub-Adviser may review the context in which it is referred to, it being agreed that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Securities Act, the Investment Company Act, Act or other applicable laws and regulations and (B) they shall not use or distribute any such advertisement, sales literature, notice or other materials if the Sub-Adviser reasonably objects within a reasonable timeframe (or such other period as may be mutually agreed) after the Sub-Adviser’s receipt thereofregulations. If the Adviser Manager or the Trust makes any unauthorized use of the Xxxxxxx Sachs Asset ManagementSub-Adviser’s names, X.X. Xxxxxderivatives, logos, trademarks or service marks or trade names, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages are may be inadequate and, and thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law.
Appears in 1 contract
Samples: Investment Sub Advisory Agreement (Eq Advisors Trust)
USE OF SUB-ADVISER’S NAME. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser, Adviser and any derivative, logo, trademark, service xxxx derivative or trade name, logo or any variation of such logo, trademark or service xxxx (collectively, the “Xxxxxxx Sachs Asset Management, X.X. Xxxxx”) mxxx or trade name are the valuable property of the Sub-Adviser and its affiliates. The Adviser MassMutual and the Trust Fund shall have the right to use such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxx derivatives, logos, trademarks or service marks or trade names only with the prior written approval of the Sub-Adviser Sub- Adviser, which approval shall not be unreasonably withheld or delayed so long as the this Sub-Adviser Advisory Agreement is a sub-adviser in effect. It is understood that certain materials used in the ordinary course of business, such as prospectuses, financial reports, fund fact sheets and materials provided to the TrustTrustees, do not require such prior approval. Upon termination of this Sub-Advisory Agreement, the Adviser MassMutual and the Trust Fund shall forthwith cease to use such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxxderivatives, logos, trademarks or service marks or trade names. The Adviser MassMutual and the Trust agrees Fund agree that (A) they will review with the Sub-Adviser any advertisement, sales literature, or notice or other materials prior to its use that makes reference to the Sub-Adviser or its affiliates or any such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxx prior derivatives, logos, trademarks, service marks or trade names to its use so that the Sub-Adviser may review the context in which it is referred to, it being agreed that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Securities Act, the Investment Company Act, Act or other applicable laws and regulations and (B) they shall not use or distribute any regulations. Upon such advertisementreview, sales literature, notice or other materials if the Sub-Adviser reasonably objects within a reasonable timeframe (shall approve or such other period as may reject the materials, with the understanding that approval thereof shall not be mutually agreed) after the Sub-Adviser’s receipt thereofunreasonably withheld. If the Adviser MassMutual or the Trust Fund makes any unauthorized use of the Xxxxxxx Sachs Asset ManagementSub-Adviser’s names, X.X. Xxxxxderivatives, logos, trademarks or service marks or trade names, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages are inadequate and, and thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law.
Appears in 1 contract
Samples: Investment Sub Advisory Agreement (Massmutual Institutional Funds)
USE OF SUB-ADVISER’S NAME. The parties agree that the name of the Sub-Adviser, the names of any affiliates of the Sub-Adviser, Adviser and any derivative, logo, trademark, derivative or logo or trademark or service xxxx or trade name, or any variation of such logo, trademark or service xxxx (collectively, the “Xxxxxxx Sachs Asset Management, X.X. Xxxxx”) name are the valuable property of the Sub-Adviser and its affiliates. Manager acknowledges that DOUBLELINE® is a registered trademark of Sub-Adviser and agrees that the DOUBLELINE® service xxxx shall be displayed within any materials in which the DoubleLine name is used. The Adviser phrase “DoubleLine® is a registered trademark of DoubleLine Capital LP.” shall be included in such materials. The Manager and the Trust shall have the right to use such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxx derivatives, logos, trademarks or service marks or trade names only with the prior written approval of the Sub-Adviser Adviser, which approval shall not be unreasonably withheld or delayed so long as the Sub-Adviser this Agreement is a sub-adviser to the Trustin effect. Upon termination of this Agreement, the Adviser Manager and the Trust shall forthwith cease to use such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxxderivatives, logos, trademarks or service marks or trade names. The Adviser Manager and the Trust agrees agree that (A) they will review with the Sub-Adviser any regulatory filing, advertisement, sales literature, or notice or other materials prior to its use that makes reference to the Sub-Adviser or its affiliates or any such Xxxxxxx Sachs Asset Managementname(s), X.X. Xxxxx prior to its use derivatives, logos, trademarks, service marks or trade names so that the Sub-Adviser may review the context in which it is referred to, it being agreed that the Sub-Adviser shall have no responsibility to ensure the adequacy of the form or content of such materials for purposes of the Securities Act, the Investment Company Act, Act or other applicable laws and regulations and (B) they shall not use or distribute any such advertisement, sales literature, notice or other materials if the Sub-Adviser reasonably objects within a reasonable timeframe (or such other period as may be mutually agreed) after the Sub-Adviser’s receipt thereofregulations. If the Adviser Manager or the Trust makes any unauthorized use of the Xxxxxxx Sachs Asset ManagementSub-Adviser’s names, X.X. Xxxxxderivatives, logos, trademarks or service marks or trade names, the parties acknowledge that the Sub-Adviser shall suffer irreparable harm for which monetary damages are inadequate and, and thus, the Sub-Adviser shall be entitled to injunctive relief, as well as any other remedy available under law.
Appears in 1 contract
Samples: Investment Sub Advisory Agreement (Eq Advisors Trust)