Use of Sub-Advisor’s Name. During the term of this Agreement, the Advisor shall have permission to use the Sub-Advisor’s name in the marketing of the Fund, and agrees to furnish the Sub-Advisor at its principal office all prospectuses, proxy statements and reports to shareholders prepared for distribution to shareholders of the Fund or the public, which refer to the Sub-Advisor in any way.
Use of Sub-Advisor’s Name. NAME OF A FUND OR THE TRUST
Use of Sub-Advisor’s Name. During the term of this Agreement, the Advisor shall have permission to use the Sub-Advisor’s name in the marketing of the Fund, and agrees to furnish the Sub-Advisor for the Sub-Advisor’s review at its principal office all marketing materials, prospectuses, proxy statements and reports to shareholders prepared for distribution to shareholders of the Fund or the public, which refer to the Sub-Advisor in any way. The Advisor shall not use any such materials if the Sub-Advisor reasonably objects in writing within five (5) business days (or such other period as may be mutually agreed) after receipt thereof, provided that the Sub-Advisor’s right to object to such materials is limited to the portions of such materials that expressly relate to the Sub-Advisor.
Use of Sub-Advisor’s Name. During the term of this Agreement, the Advisor agrees to furnish the Sub-Advisor at its principal office all prospectuses, proxy statements, reports to shareholders, sales literature or other materials prepared for distribution to shareholders of the Fund or the public, which refer to the Sub-Advisor in any way and not to use any such items without the Sub-Advisor’s prior written approval. Sales literature may be furnished to the Sub-Advisor hereunder by first-class or overnight mail, facsimile transmission equipment or hand delivery. It is understood that the name “Xxxxxxx Sachs& Co.” or “Xxxxxxx Sachs” or any derivative thereof, and any trademark, trade name, trade device, service xxxx, symbol or logo associated with those names, or any variation of such trademark, trade name, trade device, service xxxx, symbol (collectively, the “Xxxxxxx Xxxxx Marks”) are the valuable property of the Sub-Advisor or its affiliates and that the Trust and/or the Funds have the right to use such Xxxxxxx Sachs Marks in offering materials or promotional or sales-related materials of the Funds only with the prior written approval of the Sub-Advisor, such approval not to be unreasonably withheld and only for so long as the Sub-Advisor is a sub-adviser to the applicable Fund. Notwithstanding the foregoing, the Sub-Advisor’s approval is not required when (i) previously approved materials are re-issued with minor modifications, (ii) the Advisor and Sub-Advisor identify materials which they jointly determine do not require the Sub-Advisor’s approval and (iii) used as required to be disclosed in the registration statement of the Fund. In the event that the Sub-Advisor is no longer the Sub-Advisor to a Fund, or at the earlier request of the Sub-Advisor, the Advisor shall, as soon as is reasonably possible, discontinue all use of the Xxxxxxx Xxxxx Marks with respect to such Fund or as otherwise requested by the Sub-Advisor.
Use of Sub-Advisor’s Name. The parties agree that the names of the Sub-Advisor and its affiliates and the Sub-Advisor’s and its affiliates’ logos, trademarks, service marks or trade names and any derivatives of such (altogether “Sub-Advisor Property”) are the valuable property of the Sub-Advisor and its affiliates. The Adviser and the Trust may use Sub-Advisor Property only: (1) to identify Sub-Advisor as the subadviser to a Fund as required by law or governmental regulations; (2) in marketing materials for a Fund provided that such use is limited to: (a) identifying Sub-Advisor and the services performed for the Fund by the Sub-Advisor; and (b) providing biographical information about the Sub-Advisor that is accurately derived from information provided by or made public by Sub-Advisor or its affiliates. Any other use of Sub-Advisor Property must be expressly pre-approved in writing by Sub-Advisor. Any change in any approved use of Sub-Advisor Property including, without limitation, change in the name of a Fund, requires prior approval in writing by the Sub-Advisor. Upon termination of this Agreement, the Advisor and the Trust shall forthwith cease to use Sub-Advisor Property. If the Advisor or the Trust makes any unauthorized use of Sub-Advisor Property, the parties acknowledge that the Sub-Advisor and its affiliates shall suffer irreparable harm for which monetary damages may be inadequate and thus, the Sub-Advisor and its affiliates shall be entitled to injunctive relief, as well as any other remedy available under law.
Use of Sub-Advisor’s Name. The Fund and the Advisor agree to submit any proposed sales literature that mentions the Sub-Advisor (other than identifying the Sub-Advisor as Sub-Advisor to the Fund) to the Sub-Advisor for review prior to use and the Sub-Advisor agrees to promptly review such materials by a reasonable and appropriate deadline. The Advisor agrees to cause the Advisor and the Fund's distributor to promptly review all such sales literature for compliance with relevant requirements, to promptly advise the Sub-Advisor of any deficiencies contained in such sales literature, and to promptly file complying sales literature with the relevant regulatory authorities. Neither the Advisor, nor the Fund nor any affiliate of the foregoing will use the registered trademarks, service marks, logos, names or any other proprietary designations of Sub-Advisor, its subsidiaries and/or affiliates (collectively, "Sub-Advisor Marks") in any advertising or promotional materials without Sub-Advisor's prior written approval, which will not be unreasonably withheld. Advisor and Sub-Advisor will work together to develop mutually agreeable standards and procedures for the review of materials bearing Sub-Advisor Marks to facilitate the efficient creation and use of such advertising or promotional materials.
Use of Sub-Advisor’s Name. Subject completely to the terms of the separate License Agreement, during the term of this Agreement, the Advisor shall have permission to use the Sub-Advisor’s name in the name of, and in the marketing of, the Fund, and agrees to furnish the Sub-Advisor at its principal office a sample copy of all marketing materials, prospectuses, proxy statements and reports to shareholders prepared for distribution to shareholders of the Fund or the public, which refer to the Sub-Advisor in any way. For avoidance of doubt, these sample copies are provided for Sub-Advisor’s review of Advisor’s compliance with this clause and the License Agreement. Sub-Advisor has no responsibility for marketing the Fund.
Use of Sub-Advisor’s Name. Sub-Adviser hereby grants to the Fund and Adviser a non-exclusive, royalty-free, worldwide license to use the Sub-Adviser’s name and logo in any and all promotional materials, prospectuses and registration statements during the term of this Agreement. The Adviser shall furnish, or shall cause to be furnished, to the Sub-Adviser or its designee, each piece of Fund sales literature or other promotional material in which the Sub-Adviser is named, at least ten (10) business days prior to its use. The Sub-Adviser shall be permitted to review and approve the material in written or electronic form prior to such printing. No such material shall be used if the Sub-Adviser or its designee reasonably objects to such use within ten (10) business days after receipt of this material, such approval, may not be unreasonably withheld.
Use of Sub-Advisor’s Name. During the term of this Agreement, the Advisor shall have permission to use the Sub-Advisor's name in the marketing of the Fund, and agrees to furnish the Sub-Advisor at its principal office all prospectuses, proxy statements and reports to shareholders prepared for distribution to shareholders of the Fund or the public, which refer to the Sub-Advisor in any way. The Advisor agrees not to use the name "Aberdeen Asset Management" in any Fund material unless permitted and approved by the Sub-Advisor; provided, however, that the Advisor may use such name where (i) in the opinion of counsel to the Advisor or the Fund, or as directed by the SEC, such use is necessary to make the disclosures contained in the Fund material not misleading and (ii) the Advisor provides the Sub-Adviser with prompt notice of the required disclosure. It is understood that the names "Aberdeen Asset Management" and any derivative thereof or logos associated with such names (collectively, the "Aberdeen Names"), are the valuable property of the Sub-Advisor and its affiliates and that the Advisor and/or the Fund shall only have the right to use the Aberdeen Names in Fund materials subject to the constraints set forth in this paragraph and with the prior approval of the Sub-Advisor, as applicable, and under the terms described in Section 8(d) above. Upon termination of this Agreement, the Advisor and the Fund shall, as soon as is reasonably possible, cease to use the Aberdeen Names.
Use of Sub-Advisor’s Name. It is understood that the names “Massachusetts Financial Services Company” and “MFS Investment Management”, or any derivative thereof or logos associated with those names, are the valuable property of the Sub-Advisor and its affiliates. During the term of this Agreement, the Advisor shall have permission to use the Sub-Advisor’s name in the marketing of the Fund, and agrees to furnish the Sub-Advisor at its principal office all prospectuses, proxy statements and reports to shareholders prepared for distribution to shareholders of the Fund or the public, which refer to the Sub-Advisor in any way.
