Adviser Responsibility. Adviser will provide Sub-Adviser with copies of the Fund’s Articles of Incorporation, By-laws, prospectus, and Statement of Additional Information and any amendment thereto, and any objectives, policies or limitations not appearing therein as they may be relevant to Sub-Adviser’s performance under this Agreement as soon as practicable; provided, however, that no changes or modifications to the foregoing shall be binding on Sub-Adviser until it is notified thereof and given a reasonable period to comply. The Adviser further agrees to provide a list of entities with which the Sub-Adviser is restricted from engaging in transactions on behalf of the Fund Portfolio as such list may be amended from time to time, including, without limitation, a list of all publicly traded affiliates of the Adviser or the Fund Portfolio that may not be purchased by the Fund Portfolio (such list shall include security name, cusip number, sedol and/or applicable ticker) and a list of brokers or dealers that are affiliated persons of the Adviser or the Fund Portfolio. The Adviser acknowledges that the Sub-Adviser is not the compliance agent for the Fund or the Fund Portfolio or the Portfolio Segment or the Adviser and does not have access to all of the Fund's or the Fund Portfolio's books and records necessary to perform certain compliance testing. To the extent that the Sub-Adviser has agreed to perform the services specified in this Agreement, the Sub-Adviser shall perform such services based upon its books and records with respect to the Portfolio Segment, which comprises a portion of the Fund Portfolio's books and records and upon written instructions and information received from the Fund Portfolio and/or the Adviser, and the Sub-Adviser shall be entitled to treat the Portfolio Segment as though the Portfolio Segment constituted the entire Fund Portfolio, and the Sub-Adviser shall not be responsible in any way for the compliance of any assets of the Fund Portfolio, other than the Portfolio Segment. The Sub-Adviser shall not be responsible for providing fund administration services, such as fund accounting and tax services with respect to the Fund Portfolio or the Portfolio Segment. The Adviser represents and warrants that the Fund Portfolio is (i) an Eligible Contract Participant as defined by Section 1(a)(18) of the Commodity Exchange Act and U.S. Commodity Futures Trading Commission regulations thereunder; and (ii) is a qualified institutional buyer as that term is defined in Rule 144A under the Securities Act of 1933, as amended, and (iii) is not a "restricted person" under Rule 5130 and Rule 5131 of the Financial Industry Regulatory Authority, Inc. ("FINRA") and thus the Fund is not prohibited from participating in the allocation of initial public offerings of equity securities offered by FINRA members. The Adviser agrees to promptly notify the Sub-Adviser if any of the foregoing representations ceases to be true or correct.
Appears in 1 contract
Sources: Investment Sub Advisory Agreement (Wilshire Mutual Funds Inc)
Adviser Responsibility. Adviser will provide Sub-Adviser with copies of the Fund’s Articles of Incorporation, By-laws, prospectus, and Statement of Additional Information and any amendment thereto, and any objectives, policies or limitations not appearing therein as they may be relevant to Sub-Adviser’s performance under this Agreement as soon as practicableAgreement; provided, however, that no changes or modifications to the foregoing shall be binding on Sub-Adviser until it is notified thereof and given thereof. Adviser acknowledges that DOUBLELINE® is a reasonable period to comply. The Adviser further agrees to provide a list registered trademark of entities with which the Sub-Adviser and agrees that the DOUBLELINE® service ▇▇▇▇ shall be displayed within any materials in which the DoubleLine name is restricted from engaging used, with such service ▇▇▇▇ to be displayed in transactions on behalf connection with the first reference to “DoubleLine Capital LP” in such materials. The phrase “DoubleLine® is a registered trademark of DoubleLine Capital LP.” shall be included the first time that “DoubleLine Capital LP” is referenced in such materials. Any use of the Fund Portfolio as DOUBLELINE name without such list may be amended references shall require written permission from time to time, including, without limitation, a list of all publicly traded affiliates of the Adviser or the Fund Portfolio that may not be purchased by the Fund Portfolio (such list shall include security name, cusip number, sedol and/or applicable ticker) and a list of brokers or dealers that are affiliated persons of the Adviser or the Fund Portfolio. The Adviser acknowledges that the Sub-Adviser. Notwithstanding anything to the contrary, Sub-Adviser is not grants to Fund and Adviser a royalty-free non-exclusive license during the compliance agent for term of this Agreement to use Sub-Adviser’s name, logo(s), service and trademarks (each a “Sub-Adviser Reference”) in connection with Sub-Adviser’s provision of the Fund or the Fund Portfolio or the Portfolio Segment or services to the Adviser and does not have access to all of the Fund's or the Fund Portfolio's books and records necessary to perform certain compliance testing. To the extent that the Sub-Adviser has agreed to perform the services specified as provided in this Agreement, the Sub-Adviser shall perform Agreement and to refer to such services based upon its books and records with respect to the Portfolio Segment, which comprises a portion of the Fund Portfolio's books and records and upon written instructions and information received from the Fund Portfolio and/or the Adviser, and the Sub-Adviser shall be entitled to treat the Portfolio Segment as though the Portfolio Segment constituted the entire Fund Portfolio, and the Sub-Adviser shall not be responsible in any way for the compliance of any assets of the Fund Portfolio, disclosure documents or other than the Portfolio Segment. The Sub-Adviser shall not be responsible for providing fund administration services, such as fund accounting and tax services filings with respect to the Fund Portfolio or Adviser. Each initial use of any Sub-Adviser Reference shall be subject to the Portfolio Segment. The Sub-Adviser’s approval, which shall not be unreasonably withheld; provided that once language including one or more Sub- Adviser represents and warrants that References is approved, the Fund Portfolio is (i) an Eligible Contract Participant as defined by Section 1(a)(18) of the Commodity Exchange Act and U.S. Commodity Futures Trading Commission regulations thereunder; and (ii) is a qualified institutional buyer as that term is defined in Rule 144A under the Securities Act of 1933, as amended, and (iii) is not a "restricted person" under Rule 5130 and Rule 5131 of the Financial Industry Regulatory Authority, Inc. ("FINRA") and thus the Fund is not prohibited from participating in the allocation of initial public offerings of equity securities offered by FINRA members. The Adviser agrees may continue to promptly notify use such language containing the Sub-Adviser if any Reference(s) as long as neither the language nor the context of the foregoing representations ceases to be true or correctsuch are not materially changed.
Appears in 1 contract
Sources: Investment Sub Advisory Agreement (Wilshire Mutual Funds Inc)
Adviser Responsibility. Adviser will provide Sub-Adviser with copies of the Fund’s Articles of Incorporation, By-laws, prospectus, and Statement of Additional Information and any amendment thereto, and any objectives, policies or limitations not appearing therein as they may be relevant to Sub-Adviser’s performance under this Agreement as soon as practicableAgreement; provided, however, that no changes or modifications to the foregoing shall be binding on Sub-Adviser until it is notified thereof and given thereof. Adviser acknowledges that DOUBLELINE® is a reasonable period to comply. The Adviser further agrees to provide a list registered trademark of entities with which the Sub-Adviser and agrees that the DOUBLELINE® service m▇▇▇ shall be displayed within any materials in which the DoubleLine name is restricted from engaging used, with such service m▇▇▇ to be displayed in transactions on behalf connection with the first reference to “DoubleLine Capital LP” in such materials. The phrase “DoubleLine® is a registered trademark of DoubleLine Capital LP.” shall be included the first time that “DoubleLine Capital LP” is referenced in such materials. Any use of the Fund Portfolio as DOUBLELINE name without such list may be amended references shall require written permission from time to time, including, without limitation, a list of all publicly traded affiliates of the Adviser or the Fund Portfolio that may not be purchased by the Fund Portfolio (such list shall include security name, cusip number, sedol and/or applicable ticker) and a list of brokers or dealers that are affiliated persons of the Adviser or the Fund Portfolio. The Adviser acknowledges that the Sub-Adviser. Notwithstanding anything to the contrary, Sub-Adviser is not grants to Fund and Adviser a royalty-free non-exclusive license during the compliance agent for term of this Agreement to use Sub-Adviser’s name, logo(s), service and trademarks (each a “Sub-Adviser Reference”) in connection with Sub-Adviser’s provision of the Fund or the Fund Portfolio or the Portfolio Segment or services to the Adviser and does not have access to all of the Fund's or the Fund Portfolio's books and records necessary to perform certain compliance testing. To the extent that the Sub-Adviser has agreed to perform the services specified as provided in this Agreement, the Sub-Adviser shall perform Agreement and to refer to such services based upon its books and records with respect to the Portfolio Segment, which comprises a portion of the Fund Portfolio's books and records and upon written instructions and information received from the Fund Portfolio and/or the Adviser, and the Sub-Adviser shall be entitled to treat the Portfolio Segment as though the Portfolio Segment constituted the entire Fund Portfolio, and the Sub-Adviser shall not be responsible in any way for the compliance of any assets of the Fund Portfolio, disclosure documents or other than the Portfolio Segment. The Sub-Adviser shall not be responsible for providing fund administration services, such as fund accounting and tax services filings with respect to the Fund Portfolio or Adviser. Each initial use of any Sub-Adviser Reference shall be subject to the Portfolio Segment. The Sub-Adviser’s approval, which shall not be unreasonably withheld; provided that once language including one or more Sub-Adviser represents and warrants that References is approved, the Fund Portfolio is (i) an Eligible Contract Participant as defined by Section 1(a)(18) of the Commodity Exchange Act and U.S. Commodity Futures Trading Commission regulations thereunder; and (ii) is a qualified institutional buyer as that term is defined in Rule 144A under the Securities Act of 1933, as amended, and (iii) is not a "restricted person" under Rule 5130 and Rule 5131 of the Financial Industry Regulatory Authority, Inc. ("FINRA") and thus the Fund is not prohibited from participating in the allocation of initial public offerings of equity securities offered by FINRA members. The Adviser agrees may continue to promptly notify use such language containing the Sub-Adviser if any Reference(s) as long as neither the language nor the context of the foregoing representations ceases to be true or correctsuch are not materially changed.
Appears in 1 contract
Sources: Investment Sub Advisory Agreement (Wilshire Mutual Funds Inc)
Adviser Responsibility. Adviser will provide Sub-Adviser with copies of the Fund’s Articles of Incorporation, By-laws, prospectus, and Statement of Additional Information and any amendment thereto, and any objectives, policies or limitations not appearing therein as they may be relevant to Sub-Adviser’s performance under this Agreement as soon as practicableAgreement; provided, however, that no changes or modifications to the foregoing shall be binding on Sub-Adviser until it is notified thereof and given thereof. Adviser acknowledges that DOUBLELINE® is a reasonable period to comply. The Adviser further agrees to provide a list registered trademark of entities with which the Sub-Adviser and agrees that the DOUBLELINE® service ▇▇▇▇ shall be displayed within any materials in which the DoubleLine name is restricted from engaging used, with such service ▇▇▇▇ to be displayed in transactions on behalf connection with the first reference to “DoubleLine Capital LP” in such materials. The phrase “DoubleLine® is a registered trademark of DoubleLine Capital LP.” shall be included the first time that “DoubleLine Capital LP” is referenced in such materials. Any use of the Fund Portfolio as DOUBLELINE name without such list may be amended references shall require written permission from time to time, including, without limitation, a list of all publicly traded affiliates of the Adviser or the Fund Portfolio that may not be purchased by the Fund Portfolio (such list shall include security name, cusip number, sedol and/or applicable ticker) and a list of brokers or dealers that are affiliated persons of the Adviser or the Fund Portfolio. The Adviser acknowledges that the Sub-Adviser. Notwithstanding anything to the contrary, Sub-Adviser is not grants to Fund and Adviser a royalty-free non-exclusive license during the compliance agent for term of this Agreement to use Sub-Adviser’s name, logo(s), service and trademarks (each a “Sub-Adviser Reference”) in connection with Sub-Adviser’s provision of the Fund or the Fund Portfolio or the Portfolio Segment or services to the Adviser and does not have access to all of the Fund's or the Fund Portfolio's books and records necessary to perform certain compliance testing. To the extent that the Sub-Adviser has agreed to perform the services specified as provided in this Agreement, the Sub-Adviser shall perform Agreement and to refer to such services based upon its books and records with respect to the Portfolio Segment, which comprises a portion of the Fund Portfolio's books and records and upon written instructions and information received from the Fund Portfolio and/or the Adviser, and the Sub-Adviser shall be entitled to treat the Portfolio Segment as though the Portfolio Segment constituted the entire Fund Portfolio, and the Sub-Adviser shall not be responsible in any way for the compliance of any assets of the Fund Portfolio, disclosure documents or other than the Portfolio Segment. The Sub-Adviser shall not be responsible for providing fund administration services, such as fund accounting and tax services filings with respect to the Fund Portfolio or Adviser. Each initial use of any Sub-Adviser Reference shall be subject to the Portfolio Segment. The Sub-Adviser’s approval, which shall not be unreasonably withheld; provided that once language including one or more Sub-Adviser represents and warrants that References is approved, the Fund Portfolio is (i) an Eligible Contract Participant as defined by Section 1(a)(18) of the Commodity Exchange Act and U.S. Commodity Futures Trading Commission regulations thereunder; and (ii) is a qualified institutional buyer as that term is defined in Rule 144A under the Securities Act of 1933, as amended, and (iii) is not a "restricted person" under Rule 5130 and Rule 5131 of the Financial Industry Regulatory Authority, Inc. ("FINRA") and thus the Fund is not prohibited from participating in the allocation of initial public offerings of equity securities offered by FINRA members. The Adviser agrees may continue to promptly notify use such language containing the Sub-Adviser if any Reference(s) as long as neither the language nor the context of the foregoing representations ceases to be true or correctsuch are not materially changed.
Appears in 1 contract
Sources: Investment Sub Advisory Agreement (Wilshire Mutual Funds Inc)