TRADENAME AGREEMENT
THIS AGREEMENT, made this day of , 1987,
between Lincoln National Corporation ("LNC") and Lincoln National Xxxxxx Master
Fund, Inc. (the "Fund").
W I T N E S S E T H:
LNC, an Indiana corporation, holds diversified interests, primarily in
insurance and related financial service companies. Various subsidiary and
affiliated corporations organized or acquired by LNC use the words "Lincoln
National" in their names and business, and these words when used by a company
associated with LNC have a recognized business acceptance and identity
throughout the United States and in foreign countries. The right to use the
words "Lincoln National" as a part of the corporate name and business is an
asset of LNC, and it is entitled to protect its valuable property right against
improper use by others.
Lincoln National Investment Management Company, a subsidiary of LNC, has
agreed to act as investment adviser to the Fund. LNC believes that it is in its
best interests to agree to make the words "Lincoln National" available for use
by the Fund so long as the Fund has in effect an investment advisory contract
with Lincoln National Investment Management Company.
Accordingly, in consideration of the premises and for other good and
valuable consideration, the parties hereto agree as follows:
1. The use of the words "Lincoln National" as part of the corporate name and
business of the Fund is subject to consent of LNC, which consent is hereby
granted upon the conditions and terms set forth herein.
2. The Fund is authorized to use the words "Lincoln National" in its corporate
name and business only while the Fund is a party to an investment advisory
contract with Lincoln National Investment Management Company and for a
period not exceeding 90 days following the termination of any such
contract. In the event that the Fund ceases to be a party to an investment
advisory contract with Lincoln National Investment Management Company, the
Fund shall promptly take such steps as may be necessary to change its
corporate name and business practices so as to eliminate the words "Lincoln
National", or any name that, in the opinion of LNC is confusingly similar
or indicates an affiliation with LNC of any of its subsidiaries and
affiliates.
3. The use of the words "Lincoln National" by the Fund shall not prevent LNC
or any of its subsidiaries or affiliates, or any of their respective
successors or assigns, from using or permitting the use of the words
"Lincoln National" alone or with any other word or words by or in
connection with any other entity or business, whether or not the same
directly or indirectly competes or conflicts with the Fund or its business
in any manner.
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IN WITNESS WHEREOF, LNC and the Fund have caused this Agreement to be
executed by their duly authorized officers and their corporate seals to be
hereunto affixed, all upon the day aforesaid.
Attest: LINCOLN NATIONAL CORPORATION
By:
----------------------------- ---------------------------------
Assistant Secretary Vice President
Attest: LINCOLN NATIONAL XXXXXX
MASTER FUND, INC.
By:
----------------------------- ---------------------------------
Assistant Secretary Vice President
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