Common use of WHEREAS Clause in Contracts

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 479 contracts

Samples: Investment Advisory Agreement (American Beacon Select Funds), Investment Advisory Agreement (American Beacon Funds), Sub Advisory Agreement (JNL Series Trust)

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WHEREAS. the Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended, and any applicable state securities laws; and

Appears in 363 contracts

Samples: Participation Agreement (Tiaa Separate Account Va-3), Fund Participation Agreement (Variable Annuity I Ser Acc of GRT West Li & Annu Ins Co of Ny), Participation Agreement (Separate Account a of Pacific Life & Annuity Co)

WHEREAS. the Adviser is and the Sub-Adviser are each registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 358 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)

WHEREAS. the Adviser is or soon will be registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 342 contracts

Samples: Investment Advisory Agreement (Northern Lights Fund Trust), Investment Advisory Agreement (Northern Lights Fund Trust Ii), Investment Advisory Agreement (Northern Lights Fund Trust Ii)

WHEREAS. the Adviser is and the Sub-Adviser are each registered as an investment adviser under the Investment Advisers Act of 1940, as amended ("Advisers Act");

Appears in 267 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)

WHEREAS. the Adviser Manager is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 250 contracts

Samples: Investment Sub Advisory Agreement (Eq Advisors Trust), Investment Sub Advisory Agreement (Eq Advisors Trust), Investment Sub Advisory Agreement (Eq Advisors Trust)

WHEREAS. the Investment Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 165 contracts

Samples: Sub Advisory Agreement (ALPS Series Trust), Sub Advisory Agreement (Sprott Funds Trust), Sub Advisory Agreement (ALPS ETF Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);

Appears in 159 contracts

Samples: Sub Advisory Agreement (JNL Series Trust), Investment Sub Advisory Agreement (JNL Series Trust), Investment Sub Advisory Agreement (JNL Series Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 (the “Advisers Act”);; and

Appears in 145 contracts

Samples: Investment Sub Advisory Agreement (ETF Opportunities Trust), Investment Sub Advisory Agreement (ETF Series Solutions), Investment Sub Advisory Agreement (ETF Opportunities Trust)

WHEREAS. the Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended; and

Appears in 139 contracts

Samples: Participation Agreement (SEPARATE ACCOUNT EQ OF VENERABLE INSURANCE & ANNUITY Co), Fund Participation Agreement (Nationwide Variable Account 4), Mutual Fund Administrative Services Agreement (Nationwide Variable Account 4)

WHEREAS. the Adviser is registered with the Commission as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act");

Appears in 137 contracts

Samples: Investment Sub Advisory Agreement (Neiman Funds), Investment Sub Advisory Agreement (Neiman Funds), Investment Sub Advisory Agreement (Neiman Funds)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 137 contracts

Samples: Investment Advisory Agreement (Northern Lights Variable Trust), Investment Advisory Agreement (Northern Lights Fund Trust IV), Investment Advisory Agreement (Northern Lights Fund Trust Iii)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended ("Advisers Act");

Appears in 125 contracts

Samples: Investment Advisory Agreement (Integrity Funds), Investment Sub Advisory Agreement (JNL Series Trust), Investment Sub Advisory Agreement (Jackson Variable Series Trust)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act"), as an investment advisor and engages in the business of acting as an investment advisor;

Appears in 106 contracts

Samples: Investment Advisory Agreement (Atlantic Whitehall Funds Trust), Investment Advisory Agreement (Atlantic Whitehall Funds Trust), Agreement and Plan of Reorganization (Aim Variable Insurance Funds)

WHEREAS. the Adviser is duly registered as an investment adviser under the federal Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 99 contracts

Samples: Participation Agreement (Lincoln Benefit Life Variable Life Account), Participation Agreement (PHL Variable Accumulation Account), Participation Agreement (Lincoln Benefit Life Variable Life Account)

WHEREAS. the Adviser Adviser, which serves as investment adviser to the Fund, is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended, and any applicable state securities laws;

Appears in 92 contracts

Samples: Participation Agreement (Brighthouse Separate Account A), Participation Agreement (Protective NY COLI VUL), Participation Agreement (Protective COLI VUL)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act"), as an investment adviser and engages in the business of acting as an investment adviser;

Appears in 84 contracts

Samples: Memorandum of Agreement (Invesco High Income 2024 Target Term Fund), Memorandum of Agreement (Invesco High Income 2023 Target Term Fund), Memorandum of Agreement (Invesco Quality Municipal Income Trust)

WHEREAS. the Adviser is registered has been appointed as an investment adviser under to the Investment Advisers Fund in accordance with the 1940 Act of 1940, as amended (“and the Advisers Act”);; and

Appears in 82 contracts

Samples: Sub Advisory Agreement (Ohio National Fund Inc), Sub Advisory Agreement (Ohio National Fund Inc), Sub Advisory Agreement (Ohio National Fund Inc)

WHEREAS. the Adviser is registered with the Commission as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 (the "Advisers Act");, and is in the business of acting as an investment adviser; and

Appears in 74 contracts

Samples: Investment Advisory Agreement (Aetna Generation Portfolios Inc), Investment Advisory Agreement (Aetna Series Fund Inc), Investment Advisory Agreement (Aetna Series Fund Inc)

WHEREAS. the Adviser Adviser, which serves as investment adviser to the Fund, is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended; and

Appears in 74 contracts

Samples: Participation Agreement (SBL Variable Annuity Account Xiv), Participation Agreement (Variable Annuity Account A), Participation Agreement (SBL Variable Annuity Account Xiv)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (together with the rules promulgated thereunder, the “Advisers Act”);

Appears in 72 contracts

Samples: Investment Advisory Agreement (Palmer Square Capital BDC Inc.), Merger Agreement (Franklin BSP Lending Corp), Investment Advisory Agreement (Stepstone Private Credit Fund LLC)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 72 contracts

Samples: Investment Sub Advisory Agreement (James Alpha Funds Trust), Investment Advisory Agreement (Saratoga Advantage Trust), Investment Sub Advisory Agreement (James Alpha Funds Trust)

WHEREAS. the Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended, and any applicable state securities laws;

Appears in 68 contracts

Samples: Fund Participation Agreement (Protective NY COLI VUL), Fund Participation Agreement (Protective COLI VUL), Fund Participation Agreement (Prudential Variable Contract Account Gi-2)

WHEREAS. the Adviser Advisor is registered as an investment adviser advisor under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended, and engages in the business of acting as an investment advisor; and

Appears in 58 contracts

Samples: Investment Advisory Agreement (Scudder Investment Portfolios), Investment Advisory Agreement (Scudder Equity 500 Index Portfolio), Investment Advisory Agreement (Scudder Advisor Funds)

WHEREAS. the each Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended, and any applicable state securities laws; and

Appears in 54 contracts

Samples: Participation Agreement (Lincoln Benefit Life Variable Life Account), Fund Participation Agreement (Talcott Resolution Life & Annuity Insur Co Separate Account Three), Participation Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account Seven)

WHEREAS. the Adviser is a registered as an investment adviser under the Investment Advisers Act of 1940, as amended amended, (together with the regulations promulgated pursuant thereto, the "Advisers Act");; and

Appears in 49 contracts

Samples: Sub Advisory Agreement (Ohio National Fund Inc), Sub Advisory Agreement (Ohio National Fund Inc), Sub Advisory Agreement (Ohio National Fund Inc)

WHEREAS. the Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);1940 and any applicable state securities law; and

Appears in 46 contracts

Samples: Participation Agreement (Protective NY COLI VUL), Participation Agreement (Protective COLI VUL), Participation Agreement (Separate Account a of Axa Equitable Life Insurance Co)

WHEREAS. the Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended, and any applicable state securities laws, as an investment adviser;

Appears in 45 contracts

Samples: Prospect Servicing Agreement (Alpine Equity Trust), Distribution Agreement (Aha Investment Funds Inc), Prospect Servicing Agreement (Alpine Series Trust)

WHEREAS. the Adviser is registered as an investment adviser that is registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 43 contracts

Samples: Investment Advisory Agreement (Varagon Capital Corp), Investment Advisory Agreement (New Mountain Private Credit Fund), Investment Advisory Agreement (Chicago Atlantic BDC, Inc.)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 (the “Advisers Act”);

Appears in 41 contracts

Samples: Sub Advisory Agreement (Amplify ETF Trust), Investment Sub Advisory Agreement (Advisor Managed Portfolios), Sub Advisory Agreement (Amplify ETF Trust)

WHEREAS. the Adviser Adviser, which serves as investment adviser to the Fund, is duly registered as an investment adviser under the federal Investment Advisers Act of 1940, as amended (“Advisers Act”)amended;

Appears in 37 contracts

Samples: Participation Agreement (Separate Account No. 70), Participation Agreement (Separate Account No. 70), Participation Agreement (Lincoln Life Flexible Premium Variable Life Account JF-A)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 36 contracts

Samples: Investment Advisory Agreement (Northern Lights Fund Trust), Investment Advisory Agreement (Northern Lights Fund Trust), Investment Advisory Agreement (Northern Lights Fund Trust)

WHEREAS. the Adviser is a registered as an investment adviser under the Investment Advisers Act of 1940, as amended amended, (together with the regulations promulgated pursuant thereto, the “Advisers Act”);; and

Appears in 36 contracts

Samples: Sub Advisory Agreement (Ohio National Fund Inc), Sub Advisory Agreement (Ohio National Fund Inc), Sub Advisory Agreement (Ohio National Fund Inc)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 36 contracts

Samples: Investment Management Agreement (Wellington Global Multi-Strategy Fund), Investment Advisory Agreement (MA Specialty Credit Income Fund), Investment Advisory Agreement (Andalusian Credit Company, LLC)

WHEREAS. the Investment Adviser is registered and will remain registered during the term of this Agreement as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Investment Advisers Act");, and engages in the business of acting as an investment adviser; and

Appears in 34 contracts

Samples: Subadvisory Agreement (Ing Funds Trust), Subadvisory Agreement (Ing Funds Trust), Subadvisory Agreement (Ing Funds Trust)

WHEREAS. the Adviser is registered as an investment adviser with the Commission under the Investment Advisers Act of 1940, as amended (the "Advisers Act”)") as an investment adviser;

Appears in 33 contracts

Samples: Sub Advisory Agreement (Nations Annuity Trust), Investment Advisory Agreement (Nations Separate Account Trust), Investment Advisory Agreement (Nations Separate Account Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act"), as an investment Adviser and engages in the business of acting as an investment adviser;

Appears in 33 contracts

Samples: Master Intergroup Sub Advisory Contract (Invesco Van Kampen High Income Trust II), Master Investment Advisory Agreement (Invesco Van Kampen Ohio Quality Municipal Trust), Master Investment Advisory Agreement (Invesco Van Kampen Trust for Value Municipals)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 ("Advisers Act");; and

Appears in 31 contracts

Samples: Investment Advisory Agreement (Steward Funds, Inc.), Portfolio Management Agreement (Pacific Select Fund), Portfolio Management Agreement (Pacific Select Fund)

WHEREAS. the Adviser is registered as an investment adviser with the Commission under the Investment Advisers Act of 1940, as amended (the "Advisers Act”);") as an investment adviser; and

Appears in 31 contracts

Samples: Sub Advisory Agreement (Nations Fund Trust), Investment Advisory Agreement (Nations Fund Trust), Sub Advisory Agreement (Nations Institutional Reserves)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended;

Appears in 29 contracts

Samples: Management Agreement (CION Grosvenor Infrastructure Fund), Investment Management Agreement (Hamilton Lane Private Secondary Fund), Investment Management Agreement (HL Scope RIC LLC)

WHEREAS. the Adviser is Advisers are duly registered as an investment adviser advisers under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended, and any applicable state securities laws;

Appears in 29 contracts

Samples: Fund Participation Agreement (Horace Mann Life Insurance Co Separate Account), Fund Participation Agreement (Delaware Life Variable Account F), Fund Participation and Service Agreement (Horace Mann Life Insurance Co Separate Account)

WHEREAS. the Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended;

Appears in 29 contracts

Samples: Participation Agreement (Guardian Variable Products Trust), Participation Agreement (Guardian Variable Products Trust), Participation Agreement (Lincoln Life Flexible Premium Variable Life Account S)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), as an investment adviser and engages in the business of acting as an investment adviser;

Appears in 27 contracts

Samples: Master Investment Advisory Agreement (Aim Investment Securities Funds (Invesco Investment Securities Funds)), Master Investment Advisory Agreement (Invesco Senior Loan Fund), Master Investment Advisory Agreement (Aim Funds Group (Invesco Funds Group))

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended, and any applicable state securities laws and serves as the investment adviser to the Series; and

Appears in 27 contracts

Samples: Fund Participation Agreement (Variable Account D of Union Security Insurance Co), Fund Participation Agreement (Talcott Resolution Life Insurance Co Separate Account Two), Participation Agreement (Talcott Resolution Life Insurance Co Separate Account Two)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the Investment Advisers Act”);

Appears in 27 contracts

Samples: Merger Agreement (Golub Capital BDC 3, Inc.), Merger Agreement (GOLUB CAPITAL BDC, Inc.), Investment Advisory Agreement (GOLUB CAPITAL BDC, Inc.)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 26 contracts

Samples: Investment Advisory Agreement (Carillon Series Trust), Investment Sub Advisory Agreement (2nd Vote Funds), Investment Advisory Agreement (Carillon Series Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act”);") and engages in the business of asset management; and

Appears in 26 contracts

Samples: Investment Subadvisory Agreement (Quaker Investment Trust), Investment Subadvisory Agreement (Quaker Investment Trust), Investment Subadvisory Agreement (Quaker Investment Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);, and engages in the business of asset management; and

Appears in 25 contracts

Samples: Investment Advisory Agreement (USCF ETF Trust), Investment Advisory Agreement (USCF ETF Trust), Investment Advisory Agreement (USCF ETF Trust)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), as an investment advisor and engages in the business of acting as an investment advisor;

Appears in 24 contracts

Samples: Investment Management Agreement (Variant Impact Fund), Investment Advisory Agreement (Variant Alternative Income Fund), Investment Advisory Agreement (Variant Alternative Income Fund)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 23 contracts

Samples: Interim Investment Advisory Agreement (Northern Lights Fund Trust IV), Investment Advisory Agreement (Collaborative Investment Series Trust), Investment Advisory Agreement (Collaborative Investment Series Trust)

WHEREAS. the each Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended; and

Appears in 22 contracts

Samples: Fund Participation Agreement (Prudential Annuities Life Assurance Corp Variable Account B), Fund Participation Agreement (Prudential Variable Appreciable Account), Fund Participation Agreement (Prudential Variable Contract Account Gi-2)

WHEREAS. the Adviser is duly registered as an investment adviser under pursuant to the Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 22 contracts

Samples: Participation Agreement (Lincoln Life & Annuity Flexible Premium Variable Life Account M), Participation Agreement (Lincoln Life Flexible Premium Variable Life Account M), Participation Agreement (Pacific Select Exec Separate Acct Pacific Life Ins)

WHEREAS. the Investment Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended ("Advisers Act");

Appears in 21 contracts

Samples: Portfolio Management Agreement (Pacific Select Fund), Investment Sub Advisory Agreement (SRH Total Return Fund, Inc.), Interim Investment Sub Advisory Agreement (Boulder Growth & Income Fund)

WHEREAS. the Adviser is registered as an investment adviser registered under the Investment Advisers Act of 1940, as amended (the "Advisers Act”)") and has filed notification filings under all applicable state securities laws;

Appears in 19 contracts

Samples: Investment Advisory and Management Services Agreement (State Farm Mutual Fund Trust), Investment Management Agreement (Aha Investment Funds Inc), Investment Advisory Agreement (Aha Investment Funds Inc)

WHEREAS. the Investment Adviser is registered as an investment adviser registered as such under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 18 contracts

Samples: Investment Advisory Agreement (NB Crossroads Private Markets Fund VII Holdings LP), Investment Advisory Agreement (NB Crossroads Private Markets Access Fund LLC), Investment Advisory Agreement (NB Crossroads Private Markets Fund VI Holdings LP)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act");

Appears in 17 contracts

Samples: Investment Advisory Agreement (Redwood Enhanced Income Corp.), Investment Advisory Agreement (Redwood Enhanced Income Corp.), Investment Advisory Agreement (FS Global Credit Opportunities Fund-A)

WHEREAS. the Adviser is registered as an investment adviser that has registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 17 contracts

Samples: Investment Advisory and Management Agreement (Gladstone Investment Corporation\de), Investment Advisory Agreement (Gladstone Alternative Income Fund), Investment Advisory and Management Agreement (OFS Credit Company, Inc.)

WHEREAS. the Adviser is registered with the Commission as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);

Appears in 17 contracts

Samples: Investment Sub Advisory Agreement (Columbia Funds Series Trust), Investment Sub Advisory Agreement (Columbia Funds Variable Insurance Trust I), Investment Sub Advisory Agreement (Columbia Funds Variable Insurance Trust I)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act");.

Appears in 16 contracts

Samples: Investment Advisory Agreement (Old Mutual Advisor Funds), Investment Advisory Agreement (Old Mutual Advisor Funds), Investment Advisory Agreement (Old Mutual Funds III)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act");

Appears in 16 contracts

Samples: Investment Advisory Agreement (CC Real Estate Income Fund-T2), Investment Advisory Agreement (CC Real Estate Income Fund-T2), Investment Advisory Agreement (NorthStar Real Estate Capital Income Fund-C)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 ("Advisers Act");

Appears in 16 contracts

Samples: Investment Advisory Agreement (Steward Funds, Inc.), Investment Advisory Agreement (Steward Funds, Inc.), Investment Advisory Agreement (Capstone Church Capital Fund)

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WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 16 contracts

Samples: Investment Advisory Agreement (Oaktree Strategic Credit Fund), Investment Advisory Agreement (Oaktree Strategic Credit Fund), Investment Advisory Agreement (Oaktree Strategic Credit Fund)

WHEREAS. the Adviser is a registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended;

Appears in 16 contracts

Samples: Fulfillment Servicing Agreement (Cullen Funds Trust), Fulfillment Servicing Agreement (Kopp Funds Inc), Fulfillment Services Agreement (Texas Capital Value Funds Inc)

WHEREAS. the Adviser is a registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act");; and

Appears in 15 contracts

Samples: Proxy Statement (Victory Portfolios), Proxy Statement (Victory Portfolios), Portfolio Management Agreement (Victory Portfolios)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);

Appears in 14 contracts

Samples: Investment Advisory Agreement (Kennedy Lewis Capital Co), Investment Advisory Agreement (Kennedy Lewis Capital Co), Investment Advisory Agreement (CC Real Estate Income Fund-T2)

WHEREAS. the Underlying Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 14 contracts

Samples: Investment Advisory Agreement (American Beacon Funds), Investment Advisory Agreement (American Beacon Funds), Investment Advisory Agreement (American Beacon Funds)

WHEREAS. the Adviser is registered as an investment adviser with the Commission under the Investment Advisers Act of 1940, as amended (the "Advisers Act");, and engages in the business of acting as an investment adviser; and

Appears in 14 contracts

Samples: Sub Advisory Agreement (Nations Master Investment Trust), Investment Sub Advisory Agreement (Columbia Funds Master Investment Trust), Sub Advisory Agreement (Nations Master Investment Trust)

WHEREAS. the Adviser Adviser, which serves as investment adviser to the Designated Portfolios (as hereinafter defined) of the Fund, is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended;

Appears in 13 contracts

Samples: Participation Agreement (Southland Separate Account L1), Participation Agreement (Security Life Separate Account L1), Participation Agreement (Southland Separate Account L1)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the Investment Advisers Act”);; and

Appears in 13 contracts

Samples: Investment Advisory Agreement (Golub Capital Direct Lending Unlevered LLC), Investment Advisory Agreement (Golub Capital BDC 4 LLC), Investment Advisory Agreement (Golub Capital Private Credit Fund)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, 1940 and serves as amended (“Advisers Act”)the investment adviser to the Fund;

Appears in 13 contracts

Samples: Participation Agreement (Lincoln Life Flexible Premium Variable Life Account M), Participation Agreement (Lincoln Life & Annuity Flexible Premium Variable Life Account M), Participation Agreement (Allstate Financial Advisors Separate Account I)

WHEREAS. the Adviser is registered as an investment adviser with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);

Appears in 12 contracts

Samples: Sub Advisory Agreement (LoCorr Investment Trust), Sub Advisory Agreement (LoCorr Investment Trust), Sub Advisory Agreement (LoCorr Investment Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);, and engages in the business of asset management; and

Appears in 11 contracts

Samples: Investment Advisory Agreement (Institutional Investment Strategy Fund), Investment Advisory Agreement (XD Fund Trust), Investment Advisory Agreement (Institutional Investment Strategy Fund)

WHEREAS. the Adviser is registered as an investment adviser that has registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);

Appears in 11 contracts

Samples: Investment Advisory and Management Agreement (Gladstone Investment Corporation\de), Investment Advisory and Management Agreement (Gladstone Capital Corp), Investment Advisory and Management Agreement (CIM Real Assets & Credit Fund)

WHEREAS. each of the Adviser and Sub-Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 (the “Advisers Act”);

Appears in 11 contracts

Samples: Sub Advisory Agreement (Exchange Traded Concepts Trust), Sub Advisory Agreement (Exchange Listed Funds Trust), Sub Advisory Agreement (Exchange Listed Funds Trust)

WHEREAS. the Adviser is registered with the Commission as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act");, and is in the business of acting as an investment adviser; and

Appears in 11 contracts

Samples: Investment Advisory Agreement (Aetna Variable Encore Fund Inc), Investment Advisory Agreement (Aetna Series Fund Inc), Investment Advisory Agreement (Aetna Income Shares)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended, and is engaged in the business of acting as an investment adviser; and

Appears in 11 contracts

Samples: Investment Advisory Agreement (Arbitrage Funds), Investment Advisory Agreement (Arbitrage Funds), Investment Advisory Agreement (Arbitrage Funds)

WHEREAS. the Adviser is a registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 11 contracts

Samples: Investment Advisory Agreement (BMT Investment Funds), Investment Advisory Agreement (BMT Investment Funds), Investment Advisory Agreement (EGA Emerging Global Shares Trust)

WHEREAS. the Adviser is registered as an investment adviser with the Commission under the Investment Advisers Act of 1940, as amended (the "Advisers Act”);") and engages in the business of acting as an investment adviser; and

Appears in 11 contracts

Samples: Sub Advisory Agreement (Nations Fund Trust), Sub Advisory Agreement (Nations Lifegoal Funds Inc), Sub Advisory Agreement (Nations Institutional Reserves)

WHEREAS. the Adviser Adviser, which serves as investment adviser to the Trust, is duly registered as an investment adviser under the federal Investment Advisers Act of 1940, as amended (“Advisers Act”)amended;

Appears in 11 contracts

Samples: Participation Agreement (Southland Separate Account L1), Participation Agreement (Reliastar Bankers Security Life Insurance Co), Participation Agreement (Reliastar Bankers Security Life Insurance Co)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 (the "Advisers Act");

Appears in 11 contracts

Samples: Investment Advisory Agreement (Northern Lights Fund Trust Iii), Investment Advisory Agreement (Northern Lights Fund Trust), Interim Investment Advisory Agreement (Professionally Managed Portfolios)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act");; and

Appears in 10 contracts

Samples: Investment Advisory Agreement (Northern Lights Fund Trust Iii), Investment Advisory Agreement (Northern Lights Fund Trust Iii), Investment Advisory Agreement (Northern Lights Fund Trust Iii)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Advisors Act of 1940, as amended (“Advisers the "Advisors Act"), as an investment advisor and engages in the business of acting as an investment advisor;

Appears in 10 contracts

Samples: Subadvisory Agreement (Oppenheimer Large Cap Growth Fund), Subadvisory Agreement (Oppenheimer Trinity Large Cap Growth Fund), Investment Advisory Agreement (RMR Hospitality & Real Estate Fund)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended, and serves as the investment adviser to the Trust; and

Appears in 10 contracts

Samples: Fund Participation Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account One), Participation Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account One), Participation Agreement (Talcott Resolution Life Insurance Co Separate Account Two)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the Investment Advisers Act”);

Appears in 10 contracts

Samples: Investment Advisory and Management Agreement (Crescent Private Credit Income Corp), Investment Advisory and Management Agreement (Crescent Private Credit Income Corp), Investment Advisory and Management Agreement (Crescent Private Credit Income Corp)

WHEREAS. the Adviser is registered organized as an investment adviser that is registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 10 contracts

Samples: Investment Advisory Agreement (Oaktree Specialty Lending Corp), Investment Advisory Agreement (Oaktree Specialty Lending Corp), Investment Advisory Agreement (Oaktree Specialty Lending Corp)

WHEREAS. the Adviser is duly registered as an investment adviser under the Investment Advisers Act of 19401940 as amended, as amended (“Advisers Act”);and

Appears in 10 contracts

Samples: Participation Agreement (Transamerica Variable Insurance Fund Inc), Participation Agreement (PFL Endeavor Variable Annuity Account /New/), Participation Agreement (PFL Life Variable Annuity Account D)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended, and engages in the business of acting as an investment adviser; and

Appears in 9 contracts

Samples: Investment Advisory Agreement (Susa Registered Fund, L.L.C.), Investment Advisory Agreement (Global Chartist Fund, LLC), Investment Advisory Agreement (Ramius IDF Master Fund LLC)

WHEREAS. the Adviser Advisor is registered as an investment adviser advisor under the Investment Advisers Act of 1940, as amended (the "Advisers Act");; and

Appears in 9 contracts

Samples: Investment Advisory Agreement (Munder Funds Inc), Investment Advisory Agreement (St Clair Funds Inc), Investment Advisory Agreement (Munder Framlington Funds Trust)

WHEREAS. the Adviser Investment Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 9 contracts

Samples: Investment Management Agreement (Forward Funds), Amended and Restated Agreement and Declaration of Trust (Forward Funds), Investment Management Agreement (Forward Funds)

WHEREAS. the Adviser is registered as an a newly organized investment adviser that has registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 9 contracts

Samples: Investment Advisory Agreement (Oxford Park Income Fund, Inc.), Investment Advisory Agreement (TP Flexible Income Fund, Inc.), Investment Advisory Agreement (Pathway Energy Infrastructure Fund, Inc.)

WHEREAS. the Adviser is duly registered as an investment adviser under pursuant to the Investment Advisers Act of 1940, as amended (“Advisers Act”);.

Appears in 9 contracts

Samples: Participation Agreement (Nationwide VL Separate Account-G), Participation Agreement (Pacific Select Exec Separate Acct Pacific Life Ins), Participation Agreement (Pacific Select Exec Separate Acct Pacific Mutual Life Ins)

WHEREAS. the Adviser is registered as an investment adviser under pursuant to the Investment Advisers Act of 1940, as amended 1940 (the “Advisers Act”);.

Appears in 8 contracts

Samples: Investment Sub Advisory Agreement (M Fund Inc), Investment Sub Advisory Agreement (M Fund Inc), Investment Sub Advisory Agreement (M Fund Inc)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended, as an investment advisor and engages in the business of acting as an investment advisor;

Appears in 8 contracts

Samples: Investment Advisory Agreement (RMR Real Estate Income Fund), Investment Advisory Agreement (RMR Real Estate Income Fund), Investment Advisory Agreement (RMR Real Estate Income Fund)

WHEREAS. the Adviser Investment Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended ("Advisers Act");; and

Appears in 8 contracts

Samples: Investment Management Agreement (Forward Funds Inc), Investment Management Agreement (Forward Funds Inc), Investment Management Agreement (Forward Funds Inc)

WHEREAS. the Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended amended, (the "Advisers Act”)") and any applicable state securities laws;

Appears in 8 contracts

Samples: Fund Participation Agreement (Variable Separate Account), Fund Participation Agreement (Variable Separate Account), Fund Participation Agreement (Fs Variable Separate Account)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), and engages in the business of asset management;

Appears in 8 contracts

Samples: Investment Advisory Agreement (New York Life Investments ETF Trust), Investment Advisory Agreement (IndexIQ ETF Trust), Investment Advisory Agreement (IndexIQ ETF Trust)

WHEREAS. the Adviser is registered as an investment adviser that is registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);

Appears in 8 contracts

Samples: Investment Advisory Agreement (Varagon Capital Corp), Investment Advisory Agreement (Blue Owl Real Estate Net Lease Trust), Investment Advisory Agreement (Blue Owl Real Estate Net Lease Trust)

WHEREAS. the Adviser Advisor is registered as an investment adviser advisor under the Investment Advisers Act of 1940, as amended (“Advisers Act”);, and engages in the business of asset management; and

Appears in 8 contracts

Samples: Investment Advisory Agreement (World Funds Trust), Investment Advisory Agreement (World Funds Trust), Investment Advisory Agreement (World Funds Trust)

WHEREAS. the Adviser Advisor is registered as an investment adviser advisor under the Investment Advisers Act of 1940, as amended ("Advisers Act");, and engages in the business of asset management; and

Appears in 7 contracts

Samples: Investment Advisory Agreement (Tilson Investment Trust), Investment Advisory Agreement (Tilson Investment Trust), Investment Advisory Agreement (Piedmont Investment Trust)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act");, as an investment advisor and engages in the business of acting as an investment advisor; and

Appears in 7 contracts

Samples: Investment Advisory Agreement (Dominion Funds Inc), Investment Advisory Agreement (Dominion Funds Inc), Interim Investment Advisory Agreement (Dominion Funds Inc)

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