USE OF WORD Sample Clauses
USE OF WORD. INCLUDING". The term "INCLUDING" is used herein without limitation.
USE OF WORD. “including”. The term “including” is used herein without limitation and by way of example only.
USE OF WORD. “Including” The word “including”, when following any general term or statement, is not to be construed as limiting the general term or statement to the specific terms or matters set forth immediately following such word or to similar items or matters, but such general term or statement shall be construed as referring to all items or matters that could reasonably fall within the broadest possible scope thereof.
USE OF WORD. “including”
USE OF WORD. NVEST". The Distributor and/or its parent organization and Nvest, L.P. ("Nvest"), retain proprietary rights in the word "Nvest", which may be used by the Trust and the Series only with the consent of the Distributor, which is authorized by Nvest to give such consent as provided herein. The Distributor consents to the use by the Series of the name "Nvest AEW Real Estate Fund" or any other name embodying the word "Nvest", in such forms as the Distributor shall in writing approve, but only on condition and so long as (i) this Agreement shall remain in full force and (ii) the Trust shall fully perform, fulfill and comply with all provisions of this Agreement expressed herein to be performed, fulfilled or complied with by it. No such name shall be used by the Trust or the Series at any time or in any place or for any purposes or under any conditions except as in this section provided. The foregoing authorization by the Distributor as agent of Nvest to the Trust and the Series to use said word as part of a business or name is not exclusive of the right of the Distributor itself to use, or to authorize others to use, the same; the Trust acknowledges and agrees that as between the Distributor and the Trust and the Series, the Distributor has the exclusive right so to use, or authorize others to use, said word, and the Trust agrees to take such action as may reasonably be requested by the Distributor to give full effect to the provisions of this section (including, without limitation, consenting to such use of said word). Without limiting the generality of the foregoing, the Trust agrees that, upon any termination of this Agreement by either party or upon the violation of any of its provisions by the Trust, the Trust will, at the request of the Distributor made within six months after the Distributor has knowledge of such termination or violation, use its best efforts to change the name of the Trust and the Series so as to eliminate all reference, if any, to the word or "Nvest" and will not thereafter transact any business in a name containing the word "Nvest" in any form or combination whatsoever, or designate itself as the same entity as or successor to any entity of such name, or otherwise use the word "Nvest" or any other reference to the Distributor. Such covenants on the part of the Trust and the Series shall be binding upon it, its trustees, officers, shareholders, creditors and all other persons claiming under or through it.
USE OF WORD. RE-ENTRY". The words "re-enter" and "re-entry", as used in this Section, are not and shall not be restricted to their technical _______________/ JK LANDLORD TENANT legal meaning, but are used in the broadest sense.
USE OF WORD. Phoenix" or "Xxxxx" in Name of Trust. --------------------------------------------------
(a) The Trust and you each acknowledge that the name "Xxxxx" has become distinctive in connection with investment advisory and related services provided by Xx. Xxxxxx X. Xxxxx ("MEZ"), the word "Xxxxx" is a property right of MEZ and the word "Xxxxx" (the "Name") in the name of the Trust is understood to be used by the Trust with MEZ's consent, and MEZ had previously granted to the Trust a non-exclusive license to use the name "Xxxxx Series Trust" upon the conditions hereinafter set forth; provided that, except as otherwise provided in Section 13(b), the Trust may use the Name only so long as (i) the Manager shall continue to be retained by the Trust as its investment manager pursuant to an investment management NYDOCS01/479823 21 agreement between the Trust and the Manager, as from time to time amended or supplemented, and (ii) MEZ shall continue to be affiliated in a managerial capacity with the Manager.
(b) In the event that MEZ ceases to be affiliated in a managerial capacity with the Manager other than by reason of his death (the "Resignation"), and if at the time of such Resignation, the Manager and/or the Distributor shall be party to the Purchase and Sale Agreement dated as of March 15, 1996 among the Distributor, Citibank, N.A. and Citicorp North America, Inc. (the "1996 Agreement"), as amended or otherwise modified from time to time, or any other agreement entered into by the Manager and/or the Distributor in connection with any financing with respect to any shares of the Trust or any successor agreement containing provisions relating to the use of the Name substantially similar to the provisions in the 1996 Agreement regarding the Name (the 1996 Agreement, as amended, and each such other agreement and successor agreement, as amended or otherwise modified from time to time, being called a "Share Financing Agreement"), then in such event until (i) the expiration of ten years following the Resignation, (ii) 180 days after the death of MEZ, or (iii) all obligations of the Manager and/or the Distributor under any Share Financing Agreement are extinguished, whichever date first occurs, MEZ granted the Trust a royalty-free, paid up non-exclusive license to use the Name in connection with the activities of the Trust in the manner used immediately prior to the Resignation, provided and on condition that:
(i) The quality and manner of the services rendered by the Trust...
USE OF WORD. Zweig" In Corporate Name. Txx Xxnd agrees and consents that (a) it will only use the word "Zweig" as a component of itx xxxporate name and for no other purpose; (b) at will not purport to grant to any third party the right to use the word "Zweig" for any purpose; (c) xxx Investment Adviser and/or certain affiliates of the Investment Adviser may use or grant to other investment companies the right to use the word "Zweig", or any combination xx xxbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose; and (d) upon the termination of any management agreement into which the Investment Adviser and the Fund may enter, the Fund shall promptly take such action, at its own expense, as may be necessary to change its corporate name to one not containing the word "Zweig" and following such cxxxxx, shall not use the word "Zweig", or any combination xxxxxof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its officers, directors and shareholders to take any and all actions which may be necessary or desirable to effect the foregoing.
USE OF WORD. RE-ENTRY". The words "re-enter" and "re-entry", as used in this Section, are not and shall not be restricted to their technical legal meaning, but are used in the broadest sense. ------------------/---------------- Landlord Tenant