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EX. 99.9(b)
LICENSE AGREEMENT RELATING TO USE OF NAME
AGREEMENT made as of the 18th day of April, 1990, by and between XXXXXXX
XXXXX & CO., INC., a Delaware corporation ("Xxxxxxx Xxxxx"), and XXXXXXX XXXXX
XXXXX-TERM GLOBAL INCOME FUND, INC., a Maryland corporation (the "Fund").
W I T N E S S E T H:
WHEREAS, Xxxxxxx Xxxxx was incorporated under the laws of the State of
Delaware on March 27, 1973 under the corporate name Xxxxxxx Xxxxx & Co., Inc.
and has used such name at all times thereafter;
WHEREAS, Xxxxxxx Xxxxx was duly qualified as a foreign corporation under
the laws of the State of New York on April 25, 1973 and has remained so
qualified at all times thereafter;
WHEREAS, the Fund was organized under the laws of the Commonwealth of
Maryland on April 18, 1990; and
WHEREAS, the Fund has requested Xxxxxxx Xxxxx to give its consent to the
use of the name "Xxxxxxx Xxxxx" in the Fund's name.
NOW, THEREFORE, in consideration of the premises and of the covenants
hereafter contained, Xxxxxxx Xxxxx and the Fund hereby agree as follows:
1. Xxxxxxx Xxxxx hereby grants the Fund a non-exclusive license to use
the words "Xxxxxxx Xxxxx" in its name, and in the name of any portfolio
organized as a separate series of the Fund.
2. Xxxxxxx Xxxxx hereby consents to the qualification of
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the Fund to do business under the laws of any state of the United States with
the words "Xxxxxxx Xxxxx" in its name and agrees to execute such formal
consents as may be necessary in connection with such filing.
3. The non-exclusive license hereinabove referred to has been given
and is given by Xxxxxxx Xxxxx on the condition that it may at any time, in its
sole and absolute discretion, withdraw the non-exclusive license to the use of
the words "Xxxxxxx Xxxxx" in the name of the Fund; and, as soon as practicable
after receipt by the Fund of written notice of the withdrawal of such
non-exclusive license, and in no event later than ninety days thereafter, the
Fund will change its name so that such name will not thereafter include the
words "Xxxxxxx Xxxxx" or any variation thereof.
4. Xxxxxxx Xxxxx reserves and shall have the right to grant to any
other company, including without limitation, any other investment company, the
right to use the words "Xxxxxxx Xxxxx" or variations thereof in its name and no
consent or permission of the Fund shall be necessary; but, if required by an
applicable law of any state, the Fund will forthwith grant all requisite
consents.
5. The Fund will not grant to any other company the right to use a
name similar to that of the fund or Xxxxxxx Xxxxx without the written consent
of Xxxxxxx Xxxxx.
6. Regardless of whether the Fund should hereafter change its name and
eliminate the words "Xxxxxxx Xxxxx" or any variation thereof from such name,
the Fund hereby grants to Xxxxxxx Xxxxx
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the right to cause the organization of other voluntary associations or the
incorporation of corporations which may have names similar to that of the Fund
or to that which the Fund may change its name and to own all or any portion
of the shares of such other corporations or associations and to enter into
contractual relationships with such other corporations or associations, subject
to any requisite approval of a majority of the Fund's shareholders and the
Securities and Exchange Commission and the Fund agrees to give and execute any
such formal consents or agreements, and to make a diligent effort to obtain
such approvals, as may be necessary in connection therewith.
7. This Agreement may be amended at any time by a writing signed by
the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
XXXXXXX XXXXX & CO., INC.
By /s/ Xxxxxx Xxxxxx
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XXXXXXX XXXXX XXXXX-TERM GLOBAL
INCOME FUND, INC.
By /s/ Xxxx X. Xxxxxxx
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