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 466 contracts

Samples: Investment Sub Advisory Agreement (RBB Fund, Inc.), Investment Advisory Agreement (American Beacon Funds), Sub Advisory Agreement (RMB Investors 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 351 contracts

Samples: Investment Sub Advisory Agreement (BondBloxx ETF Trust), 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 156 contracts

Samples: Subadvisory Agreement (Northern Lights Fund Trust), Subadvisory Agreement (Capitol Series Trust), Agreement (Jackson Real Assets Fund)

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 142 contracts

Samples: Investment Advisory Agreement (Unified Series Trust), Sub Advisory Agreement (ETF Opportunities Trust), 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), Administrative Services Agreement (Nationwide Variable Account 4), Fund Participation 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 (Neiman Funds), Investment Sub Advisory Agreement Neiman Funds (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 132 contracts

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

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), JNL Series Trust (JNL Series Trust), 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), Investment Advisory Agreement (Tortoise Total Return Fund, LLC)

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 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), Investment Advisory Agreement (Tortoise North American Energy Corp), Agreement (Oppenheimer International Large Cap Core Trust)

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: 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 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 69 contracts

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

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

Appears in 40 contracts

Samples: Investment Advisory Agreement (Varagon Capital Corp), Investment Advisory Agreement (Varagon Capital Corp.), Investment Advisory Agreement (Carlyle Secured Lending III)

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

Appears in 40 contracts

Samples: Investment Sub Advisory Agreement (Advisor Managed Portfolios), Sub Advisory Agreement (Amplify ETF Trust), Seymour Asset Management LLC Sub Advisory Agreement (Amplify ETF 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 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 registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 34 contracts

Samples: Investment Advisory Agreement (Andalusian Credit Company, LLC), Investment Advisory Agreement (Carlyle Credit Income Fund), Investment Sub Advisory Agreement (Elevation Series 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 Investment Advisory Agreement (Invesco Van Kampen High Income Trust II), Sub (Invesco Municipal Opportunity Trust), Master Investment Advisory Agreement (Invesco Van Kampen Ohio Quality Municipal 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: Investment Advisory Agreement (Nations Annuity Trust), Sub Advisory Agreement (Nations Annuity Trust), Investment Advisory Agreement (Nations Annuity 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; and

Appears in 31 contracts

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

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 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 (Llany Separate Account S for Flexible Premium Variable Life Insurance)

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 Growth Series (Invesco Growth Series))

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: Agreement and Plan of Merger (GOLUB CAPITAL BDC, Inc.), Agreement and Plan of Merger (Golub Capital BDC 3, 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 (the "Advisers Act”);") and engages in the business of asset management; and

Appears in 26 contracts

Samples: Quaker Investment Trust Investment Subadvisory Agreement (Quaker Investment Trust), Quaker Investment Trust Investment Subadvisory Agreement (Quaker Investment Trust), 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 (“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 (“Advisers Act”)amended;

Appears in 25 contracts

Samples: Investment Management Agreement (Hamilton Lane Private Infrastructure Fund), Investment Advisory Agreement (Kinetics Portfolios Trust), Investment Advisory Agreement (Kinetics Portfolios Trust)

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

Appears in 22 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 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 (Pacific Select Exec Separate Acct Pacific Life Ins), Pacific Select Exec Separate Account of Pacific Life & Annui, Pacific Select Exec Separate Account of Pacific Life & Annui

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.), Form of 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”);

Appears in 17 contracts

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

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 16 contracts

Samples: Investment Advisory and Management Agreement (Gladstone Investment Corporation\de), Investment Advisory and Management Agreement (OFS Credit Company, Inc.), Investment Advisory and Management Agreement (Rand Capital Corp)

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 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 Funds III), 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 a registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended;

Appears in 16 contracts

Samples: The Fulfillment Servicing Agreement (Cullen Funds Trust), Fulfillment Servicing Agreement (Catholic Alliance Funds Inc), Fulfillment Servicing Agreement (Brazos Mutual Funds)

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)

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: And Termination Agreement and Plan of Conversion (Victory Portfolios), And Termination Agreement and Plan of Conversion (Victory Portfolios), Investment Subadvisory Agreement (Victory Portfolios)

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: American Beacon Funds (American Beacon Funds), American Beacon Funds (American Beacon Funds), American Beacon Funds (American Beacon Funds)

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 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), Sub Advisory Agreement (Nations Master Investment Trust), Investment Sub Advisory Agreement (Nations Master Investment Trust)

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

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: Locorr Investment Trust Sub Advisory Agreement (LoCorr Investment Trust), Locorr Investment Trust Sub Advisory Agreement (LoCorr Investment Trust), 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 1940 (the "Advisers Act");

Appears in 11 contracts

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

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 Inc), Sub Advisory Agreement (Nations Fund Inc), Sub Advisory Agreement (Nations Fund Inc)

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 Series Fund Inc), Investment Advisory Agreement (Aetna Income Shares), Investment Advisory Agreement (Aetna Variable Portfolios Inc)

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 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 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 (Ausa Endeavor Variable Annuity Account), Participation Agreement (Legacy Builder Variable Life Separate Account)

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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 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), Investment Sub Advisory Agreement (Forward Funds), Forward Funds (Forward Funds)

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), Pacific Select Exec Separate Acct Pacific Mutual Life Ins, Pacific Select Exec Separate Acct Pacific Life Ins

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 Framlington Funds Trust), Investment Advisory Agreement (Munder at Vantage Fund), Investment Advisory Agreement (Munder Framlington Funds Trust)

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 9 contracts

Samples: Investment Advisory and Management Agreement (Crescent Private Credit Income Corp), Management Agreement (Crescent Private Credit Income Corp), Investment Advisory Agreement (Crescent Capital BDC, Inc.)

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

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

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

Appears in 7 contracts

Samples: Investment Advisory Agreement (MainGate Trust), Investment Advisory Agreement (YieldQuest Funds Trust), Investment Advisory Agreement (YieldQuest Funds 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 advisor and engages in the business of acting as an investment advisor;

Appears in 7 contracts

Samples: Master Investment Advisory Agreement (Invesco Exchange Fund), Master Investment Advisory Agreement (Invesco Exchange Fund), Invesco Management Trust (Invesco Management Trust)

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”);; and

Appears in 7 contracts

Samples: Investment Advisory Agreement (Lafayette Square Southeast BDC, LLC), Investment Advisory Agreement (Lafayette Square Mid-Atlantic BDC, LLC), Investment Advisory Agreement (Lafayette Square Gulf Coast BDC, LLC)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 (the Advisers 1940 Act”), as amended, and serves as investment adviser for the Trust pursuant to that certain Investment Advisory Agreement dated May 12, 2001, between the Trust’s and the Adviser’s predecessors in interest (the “Investment Advisory Agreement”);

Appears in 7 contracts

Samples: Fee Waiver Agreement (Cavanal Hill Funds), Fee Waiver Agreement (Cavanal Hill Funds), Investment Adviser Fee Waiver Agreement (Cavanal Hill Funds)

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

Appears in 7 contracts

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

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

Appears in 6 contracts

Samples: Fund Management Agreement (Pacific Funds), Fund Management Agreement (Pacific Funds), Fund Management Agreement (Pacific Funds)

WHEREAS. the Adviser 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 6 contracts

Samples: Memorandum of Agreement (Invesco Exchange Fund), Memorandum of Agreement (Invesco Exchange Fund), Sub Advisory Contract (Invesco Management Trust)

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

Appears in 6 contracts

Samples: Management Agreement (Old Mutual Funds II), Management Agreement (Old Mutual Insurance Series Fund), Management Agreement (Old Mutual Advisor Funds Ii)

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; and

Appears in 6 contracts

Samples: Investment Advisory Agreement (MacKenzie Realty Capital, Inc.), Investment Advisory Agreement (MacKenzie Realty Capital, Inc.), Investment Advisory Agreement (MacKenzie Realty Capital, Inc.)

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 is the investment adviser of the Fund; and

Appears in 5 contracts

Samples: Principal Financial Officer Services Agreement (Financial Investors Trust), Financial Officer Services Agreement (Financial Investors Trust), Principal Financial Officer Services Agreement (Financial Investors Trust)

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

Appears in 5 contracts

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

WHEREAS. the Investment Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”), and has entered into an Investment Advisory Agreement with the Trust dated the Effective Date;

Appears in 5 contracts

Samples: Financial Investors Trust (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust)

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

Appears in 5 contracts

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

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

Appears in 5 contracts

Samples: Janus Aspen Series (Prudential Variable Contract Account Gi-2), Fund Participation Agreement (Pruco Life Insurance Co Variable Appreciable Account), Fund Participation Agreement (Prudential Variable Contract Account Gi-2)

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

Appears in 5 contracts

Samples: Participation Agreement (Davis Variable Account Fund Inc), Participation Agreement (Nyliac Variable Annuity Separate Account I), Participation Agreement (Victory Variable Insurance Funds)

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

Appears in 5 contracts

Samples: Investment Advisory Agreement (Tortoise Energy Infrastructure Corp), Agreement and Declaration (Van Kampen American Capital Tax Exempt Trust), Agreement (Van Kampen American Capital Tax Exempt Trust)

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

Appears in 5 contracts

Samples: Investment Advisory Agreement (USCA Fund Trust), Investment Advisory Agreement (Orbitex Group of Funds), Investment Advisory Agreement (Matterhorn Growth Fund Inc)

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

Appears in 5 contracts

Samples: Fund Management Agreement, Fund Management Agreement (Pacific Funds), Fund Management Agreement (Pacific Funds)

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 5 contracts

Samples: Investment Sub Advisory Agreement (RBB Fund, Inc.), Investment Management Agreement (Exchange Traded Concepts Trust), Investment Sub Advisory Agreement (ETF Series Solutions)

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

Appears in 5 contracts

Samples: Investment Advisory Agreement (WP Trust), Investment Advisory Agreement (360 Funds), Investment Advisory Agreement (360 Funds)

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

Appears in 4 contracts

Samples: Investment Advisory Agreement (Guggenheim Credit Income Fund), Interim Investment Advisory Agreement (Carey Credit Income Fund), Investment Advisory Agreement (Carey Credit Income Fund - I)

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

Appears in 4 contracts

Samples: Asset Management Trust (Lord Asset Management Trust), Asset Management Trust (Lord Asset Management Trust), Asset Management Trust (Lord Asset Management Trust)

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

Appears in 4 contracts

Samples: Sub Advisory Agreement (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust)

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

Appears in 4 contracts

Samples: Investment Sub Advisory Agreement (Dominion Funds Inc), Investment Sub Advisory Agreement (Dominion Funds Inc), Combined Investment Advisory Agreement (Munder Series Trust Ii)

WHEREAS. the Investment Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)) and has entered into an Investment Advisory Agreement dated the Effective Date with the Trust;

Appears in 4 contracts

Samples: Sub Advisory Agreement (Financial Investors Trust), Financial Investors Trust (Financial Investors Trust), Financial Investors Trust (Financial Investors Trust)

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 Fund;

Appears in 4 contracts

Samples: Participation Agreement (Merger Fund Vl), Participation Agreement (Merger Fund Vl), Participation Agreement (Jefferson National Life Annuity Account G)

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

Appears in 4 contracts

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

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;

Appears in 4 contracts

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

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

Appears in 4 contracts

Samples: Investment Sub Advisory Agreement (1290 Funds), Investment Sub Advisory Agreement (1290 Funds), Sub Advisory Agreement (1290 Funds)

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

Appears in 4 contracts

Samples: Management Agreement (Select Ten Plus Fund LLC), Company Management Agreement (Integrity Life Insurance Co Separate Account Ten), Management Agreement (Select Ten Plus Fund LLC)

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

Appears in 4 contracts

Samples: Sub Advisory Agreement (TrimTabs ETF Trust), Sub Advisory Agreement (TrimTabs ETF Trust), Sub Advisory Agreement (TrimTabs ETF Trust)

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