Common use of Xxxxx Fargo Name Clause in Contracts

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "“Xxxxx Fargo," ” which comprises a component of the Trust's ’s name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "“Xxxxx Fargo" ” as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "“Xxxxx Fargo" ” for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "“Xxxxx Fargo," ” or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "“Xxxxx Fargo" ” and following such change, shall not use the words "“Xxxxx Fargo," ” or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words.

Xxxxx Fargo Name. The Sub-Adviser Manager and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's name, is a property right of the parent of the AdviserManager. The Trust agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser Manager or any corporate affiliate of the Adviser Manager may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser Manager or one of its affiliates; and (iv) in the event that the Adviser Manager or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the AdviserManager, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser Manager may request to effect the foregoing and to reconvey to the Adviser Manager any and all rights to such words.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "“Xxxxx Fargo," ” which comprises a component of the Trust's ’s name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "“Xxxxx Fargo" ” as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "“Xxxxx Fargo" ” for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "“Xxxxx Fargo," ” or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "“Xxxxx Fargo" ” and following such change, shall not use the words "“Xxxxx Fargo," ” or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words.

Xxxxx Fargo Name. The Sub-Adviser Manager and the Trust each agree that the name "“Xxxxx Fargo," ” which comprises a component of the Trust's ’s name, is a property right of the parent of the AdviserManager. The Trust agrees and consents that: (i) it will use the words "“Xxxxx Fargo" ” as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "“Xxxxx Fargo" ” for any purpose; (iii) the Adviser Manager or any corporate affiliate of the Adviser Manager may use or grant to others the right to use the words "“Xxxxx Fargo," ” or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser Manager or one of its affiliates; and (iv) in the event that the Adviser Manager or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the AdviserManager, promptly take such action as may be necessary to change its corporate name to one not containing the words "“Xxxxx Fargo" ” and following such change, shall not use the words "“Xxxxx Fargo," ” or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser Manager may request to effect the foregoing and to reconvey to the Adviser Manager any and all rights to such words.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "“Xxxxx Fargo," ” which comprises a component of the Trust's ’s name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "“Xxxxx Fargo" ” as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "“Xxxxx Fargo" ” for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "“Xxxxx Fargo," ” or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a the Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "“Xxxxx Fargo" ” and following such change, shall not use the words "“Xxxxx Fargo," ” or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words. The Sub-Adviser may include the Funds in its representative client list.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "“Xxxxx Fargo," ” which comprises a component of the Trust's ’s name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "“Xxxxx Fargo" ” as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "“Xxxxx Fargo" ” for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "“Xxxxx Fargo," ” or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a the Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "“Xxxxx Fargo" ” and following such change, shall not use the words "“Xxxxx Fargo," ” or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words. The Sub-Adviser may include the Xxxxx Fargo Funds in its representative client list.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "“Xxxxx Fargo," ” which comprises a component of the Trust's ’s name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "“Xxxxx Fargo" ” as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "“Xxxxx Fargo" ” for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "“Xxxxx Fargo," ” or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a the Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "“Xxxxx Fargo" ” and following such change, shall not use the words "“Xxxxx Fargo," ” or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words. The Sub-Adviser may include the Fund in its representative client list.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "“Xxxxx Fargo," ” which comprises a component of the Trust's ’s name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "“Xxxxx Fargo" ” as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "“Xxxxx Fargo" ” for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "“Xxxxx Fargo," ” or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "“Xxxxx Fargo" ” and following such change, shall not use the words "“Xxxxx Fargo," ” or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words. The Sub-Adviser may include the Xxxxx Fargo Funds in its representative client list.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a the Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words. The Sub-Adviser may include the Xxxxx Fargo Funds in its representative client list.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (iI) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a the Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words. The Sub-Adviser may include the Fund in its representative client list.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words. The Sub-Adviser may include the Xxxxx Fargo Funds in its representative client list.

Xxxxx Fargo Name. The Sub-Adviser Manager and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's name, is a property right of the parent of the AdviserManager. The Trust agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser Manager or any corporate affiliate of the Adviser Manager may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser Manager or one of its affiliates; and (iv) in the event that the Adviser Manager or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the AdviserManager, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders other relevant parties to take any and all actions that the Adviser Manager may request to effect the foregoing and to reconvey to the Adviser Manager any and all rights to such words.

Xxxxx Fargo Name. The Sub-Adviser Manager and the Trust each agree that the name "“Xxxxx Fargo," ” which comprises a component of the Trust's ’s name, is a property right of the parent of the AdviserManager. The Trust agrees and consents that: (i) it will use the words "“Xxxxx Fargo" ” as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "“Xxxxx Fargo" ” for any purpose; (iii) the Adviser Manager or any corporate affiliate of the Adviser Manager may use or grant to others the right to use the words "“Xxxxx Fargo," ” or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser Manager or one of its affiliates; and (iv) in the event that the Adviser Manager or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the AdviserManager, promptly take such action as may be necessary to change its corporate name to one not containing the words "“Xxxxx Fargo" ” and following such change, shall not use the words "“Xxxxx Fargo," ” or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders other relevant parties to take any and all actions that the Adviser Manager may request to effect the foregoing and to reconvey to the Adviser Manager any and all rights to such words.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words. The Sub-Adviser may include the Xxxxx Fargo Funds in its respective client list.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's name, is a property right of the parent of the Adviser. The Sub-Adviser agrees and consents that it shall maintain strict confidence in regard to the Funds. The Adviser and Sub-Adviser agree that the Sub-Adviser is authorized to include the name of the Adviser on a list that may be used in connection with the Sub- Adviser's marketing practices subject to the Adviser's right to review any such advertisements. The Trust agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a the Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words. The Sub-Adviser may include the Funds in its representative client list.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words. The Sub-Adviser may include a Fund in its representative client list.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "“Xxxxx Fargo," ” which comprises a component of the Trust's ’s name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "“Xxxxx Fargo" ” as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "“Xxxxx Fargo" ” for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "“Xxxxx Fargo," ” or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "“Xxxxx Fargo" ” and following such change, shall not use the words "“Xxxxx Fargo," ” or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "“Xxxxx Fargo," ” which comprises a component of the Trust's ’s name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "“Xxxxx Fargo" ” as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "“Xxxxx Fargo" ” for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "“Xxxxx Fargo," ” or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "“Xxxxx Fargo" ” and following such change, shall not use the words "“Xxxxx Fargo," ” or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words. The Sub-Adviser may include the Xxxxx Fargo Funds in its respective client list.

Xxxxx Fargo Name. The Sub-Adviser and the Trust Fund each agree that the name "Xxxxx Fargo," which comprises a component of the TrustFund's name, is a property right of the parent of the Adviser. The Trust Fund agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a the Fund, the Trust Fund shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words.

Xxxxx Fargo Name. The Sub-Adviser and the Trust Fund each agree that the name "Xxxxx Fargo," which comprises a component of the TrustFund's name, ,is a property right of the parent of the Adviser. The Trust Fund agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Evergreen" or "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a the Fund, the Trust Fund shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's Trusts name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words.

Xxxxx Fargo Name. The Sub-Adviser and the Trust each agree that the name "Xxxxx Fargo," which comprises a component of the Trust's name, is a property right of the parent of the Adviser. The Sub-Adviser agrees and consents that it shall maintain strict confidence in regard to the Funds. The Adviser and Sub-Adviser agree that the Sub-Adviser is authorized to include the name of the Adviser on a list that may be used in connection with the Sub-Adviser's marketing practices subject to the Adviser's right to review any such advertisements. The Trust agrees and consents that: (i) it will use the words "Xxxxx Fargo" as a component of its corporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Xxxxx Fargo" for any purpose; (iii) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Xxxxx Fargo," or any combination or abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund or class of a Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Xxxxx Fargo" and following such change, shall not use the words "Xxxxx Fargo," or any combination thereof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words.