Use of the Names. “Franklin,” “Xxxxxxxxx,” “Fiduciary Trust,” and/or “Institutional Fiduciary Trust”. The Board of Trustees expressly agrees and acknowledges that the names “Franklin,” “Xxxxxxxxx,” “Fiduciary Trust,” and “Institutional Fiduciary Trust” are the sole property of Franklin Resources, Inc. (“FRI”). FRI has granted to the Trust a non-exclusive license to use such names as part of the name of the Trust now and in the future. The Board of Trustees further expressly agrees and acknowledges that the non-exclusive license granted herein may be terminated by FRI if the Trust ceases to use FRI or one of its Affiliates as Investment Adviser or to use other Affiliates or successors of FRI for such purposes. In such event, the non-exclusive license may be revoked by FRI and the Trust shall cease using the names “Franklin,” “Xxxxxxxxx,” “Fiduciary Trust,” “Institutional Fiduciary Trust” or any name misleadingly implying a continuing relationship between the Trust and FRI or any of its Affiliates, as part of its name unless otherwise consented to by FRI or any successor to its interests in such names. The Board of Trustees further understands and agrees that so long as FRI and/or any future advisory Affiliate of FRI shall continue to serve as the Trust’s Investment Adviser, other registered open- or closed-end investment companies (“funds”) as may be sponsored or advised by FRI or its Affiliates shall have the right permanently to adopt and to use the names “Franklin”, “Xxxxxxxxx,” “Fiduciary Trust” and/or “Institutional Fiduciary Trust” in their names and in the names of any series or Class of shares of such funds.
Use of the Names. “Vest” and “Cboe”. The Adviser has the right to use the names “Vest” and “Cboe” or any derivation thereof in connection with its services to the Trust and, subject to the terms set forth in Section 8 of this Agreement, the Trust shall have the right to use the name “Vest” and “Cboe” in connection with the management and operation of each Fund. The Adviser is not aware of any actions, claims, litigation or proceedings existing or threatened that would adversely affect or prejudice the rights of the Adviser or the Trust to use the name “Vest” and “Cboe” that it has not otherwise disclosed to the Board
Use of the Names. AMERICAN CENTURY" AND "BENHAM." The name "American Century" and all rights to the uxx xx the names "American Century" and "Benham" are the exclusive property of American Century Serxxxxx Corporation ("ACSC"), an affiliate of the Investment Manager. ACSC has consented to, and granted a non-exclusive license for, the use by the Company and their respective series of the names "American Century" and "Benham" in the name of the Company and any series of shares thereof. Xxxx consent and non-exclusive license may be revoked by ACSC in its discretion if ACSC, the Investment Manager, or a subsidiary or affiliate of either of them is not employed as the investment manager of each series of shares of the Company. In the event of such revocation, the Company and each series of shares thereof using the name "American Century" or "Benham" shall cease using the name "American Century" or "Benham", xxless otherwise consented to by ACSC or any successox xx xts interest in such names.
Use of the Names. The Trust shall not use the names of Thrivent Investment Management or Thrivent Financial for Lutherans in any material without prior approval by Thrivent Investment Management. Thrivent Investment Management hereby consents to the use of its name which merely refers in accurate terms to its appointment hereunder or which is required by the Securities and Exchange Commission or other regulatory authorities.
Use of the Names. “New Age Alpha”. The Adviser has the right to use the names “New Age Alpha” or any derivation thereof in connection with its services to the Trust and, subject to the terms set forth in Section 8 of this Agreement, the Trust shall have the right to use the name “New Age Alpha” in connection with the management and operation of each Fund. The Adviser is not aware of any actions, claims, litigation or proceedings existing or threatened that would adversely affect or prejudice the rights of the Adviser or the Trust to use the name “New Age Alpha.”
Use of the Names. 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 Sub-Adviser and its affiliates. The Adviser and the Trust may use Sub-Adviser Property only: (1) to identify Sub-Adviser as the sub-adviser 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-Adviser and the services performed for the Fund 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 Fund “LVIP Franklin Xxxxxxxxx Global Equity Managed Volatility Fund.” Adviser and Trust agree to provide samples of any material that uses Sub-Adviser Property at Sub-Adviser’s request and to abide by reasonable guidance provided by Sub-Adviser and its affiliates regarding proper use of Sub-Adviser property. Any other use of Sub-Adviser Property must be expressly pre-approved in writing by Sub-Adviser. Any change in any approved use of Sub-Adviser Property including, without limitation, change in the name of the Fund, requires prior approval in writing by the Sub-Adviser or its appropriate affiliate. Upon termination of this Agreement, the Adviser and the Trust shall forthwith cease to use Sub-Adviser Property except to the limited extent necessary to comply with laws, governmental regulations or a court order. 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.
Use of the Names. “E-Valuator” and “Systelligence”. The Adviser has the right to use the names “E-Valuator” and “Systelligence” or any derivation thereof in connection with its services to the Trust and, subject to the terms set forth in Section 8 of this Agreement, the Trust shall have the right to use the name “E-Valuator” and “Systelligence” in connection with the management and operation of each Fund. The Adviser is not aware of any actions, claims, litigation or proceedings existing or threatened that would adversely affect or prejudice the rights of the Adviser or the Trust to use the name ““E-Valuator” and “Systelligence.”
Use of the Names. KP" AND "
Use of the Names. “F/m Investments”. The Adviser has the right to use the names “F/m Investments” or any derivation thereof in connection with its services to the Trust and, subject to the terms set forth in Section 8 of this Agreement, the Trust shall have the right to use the name “F/m Investments” in connection with the management and operation of each Fund. The Adviser is not aware of any actions, claims, litigation or proceedings existing or threatened that would adversely affect or prejudice the rights of the Adviser or the Trust to use the name “F/m Investments.”
Use of the Names. “Secure” and “SIM”. The Adviser has the right to use the names “Secure” and “SIM” or any derivation thereof in connection with its services to the Trust and, subject to the terms set forth in Section 8 of this Agreement, the Trust shall have the right to use the name “Secure” and “SIM” in connection with the management and operation of each Fund. The Adviser is not aware of any actions, claims, litigation or proceedings existing or threatened that would adversely affect or prejudice the rights of the Adviser or the Trust to use the name “Secure” and “SIM”.
