Consulting and Advisory Activities Sample Clauses

Consulting and Advisory Activities. CONSULTANT's responsibilities shall include, without limitation, the following activities (hereinafter collectively referred to as "Services"): [Describe consulting services in detail. Such services can be detailed for a specific period of time, with provisions to update the services for ensuing time periods. Services should not include directing or conducting research for or on behalf of the Company without prior disclosure of such activity to the department chair] The Services may be performed via telephone and other forms of remote correspondence, and may include meetings with personnel and other consultants at times and locations to be mutually agreed upon. In each instance, CONSULTANT shall perform the Services only upon COMPANY's request and after the scope of the Services has been approved by COMPANY. The COMPANY and CONSULTANT acknowledge and agree that such Service will not exceed an average of one day per week. CONSULTANT represents and warrants that at the time of execution of this Agreement, the terms of this Agreement are not inconsistent with any other contractual or legal obligations CONSULTANT may have or with the policies of any institution or company with which CONSULTANT is associated.
Consulting and Advisory Activities. Consultant’s responsibilities shall include, without limitation, the following activities (hereinafter collectively referred to as "Services"): a) Develop business plan & forecast and conduct profit analysis; b) Direct budget & cost controls and review accounting practices; c) Conduct common size analysis, ratio analysis (liquidity, turnover, profitability, etc.), trend analysis and industry comparative analysis; d) Conduct comparisons of the company to other businesses in the same or similar industry to discover trends affecting the company and/or the industry over time; e) Analyze & interpret financial data and compile reports recommending changes to improve systems and financial performance; f) Assess alternatives and overall financial performance to suggest appropriate course of action; g) Provide recommendations to management for establishing and achieving profit objectives; h) The formation of a detailed business plan; i) 5 Year Pro Forma Financials; j) Private Placement Memorandum (PPM); k) Performing a corporate compliance and documentation review of the Company’s corporate governance and capital structure. The scope and purpose of the corporate compliance and documentation review is to help prepare the Company to apply for business credit and attempt to maximize the possibility of success in obtaining business credit and for no other legal or business purpose; Establishing a ▇▇▇▇ & Bradstreet file and rating; building a ▇▇▇▇ & Bradstreet PAYDEX score; Establishing a business credit file with Experian’s corporate department; building an Experian Intelliscore number; n) Creating a business credit file with Equifax’s business department; o) Providing Company with a non-comprehensive list of trade accounts that may or may not report to business credit bureaus, including ▇▇▇▇ & Bradstreet, Experian’s corporate department and Equifax’s business department; p) Obtaining access to a dedicated funding advisor that is provided by Consultant and/or its affiliates as of the date of this Agreement between Consultant and Company.
Consulting and Advisory Activities. DEVELO’s responsibilities shall include, without limitation, the following activities (hereinafter collectively referred to as “Services”): a. DEVELO will act as a placement agent for certain private placements and receive a cash commission of 1% net to DEVELO for such services (DEVELO will be responsible for paying any and all commissions to any agents it might utilize in any private placement of COMPANY securities) and will comply with all relevant securities laws and regulations; and b. Services to be performed are to include research relative to opportunities for additional financing for the company. When such additional financing is required, providing advice on the structuring for such financings, and sourcing qualified facilitators of such financing] The Services may be performed via telephone and other forms of remote correspondence, and may include meetings with personnel and other consultants at times and locations to be mutually agreed upon. In each instance, DEVELO shall perform the Services only upon COMPANY’S request and after the scope of the Services has been approved by COMPANY. The COMPANY and DEVELO acknowledge and agree that such Service will not exceed an average of one day per week. DEVELO represents and warrants that at the time of execution of this Agreement, the terms of this Agreement are not inconsistent with any other contractual or legal obligations DEVELO may have or with the policies of any institution or company with which DEVELO is associated.

Related to Consulting and Advisory Activities

  • Consulting Services Except as ADB may otherwise agree, and except as set forth in the paragraph below, the Borrower shall apply quality- and cost-based selection for selecting and engaging Consulting Services.

  • Consulting Agreements Buyer shall have entered into the Consulting Agreements with the Shareholders.

  • Sub-Advisory Services The Sub-Adviser shall have full discretionary authority for portfolio investment decisions for a Fund (or each portion of a Fund’s assets allocated to the Sub-Adviser by the Adviser), including determining, from time to time, what securities (and other financial instruments) shall be purchased for the Fund, what securities (and other financial instruments) shall be held or sold by the Fund, and what portion of the Fund’s assets shall be held uninvested in cash, subject always to the provisions of the Trust’s Agreement and Declaration of Trust, By-Laws and each Fund’s prospectus and statement of additional information as set forth in the Trust’s registration statement on Form N-1A (the “Registration Statement”) under the 1940 Act, and under the Securities Act of 1933, as amended (the “1933 Act”), covering Fund shares, as filed with the U.S. Securities and Exchange Commission (the “SEC”), and to the investment objectives, policies and restrictions of each Fund, as shall be from time to time in effect, and such other limitations, policies and procedures as the Board or the Adviser may reasonably impose from time to time and provide in writing to the Sub-Adviser (the “Investment Policies”). No reference in this Agreement to the Sub-Adviser having full discretionary authority over each Fund’s portfolio investment decisions shall in any way limit the right of the Board or the Adviser to establish or revise policies in connection with the management of a Fund’s assets or to otherwise exercise its right to control the overall management of the Trust and each Fund. The scope of the Sub-Adviser’s authority for trading portfolio securities (and other financial instruments) for a Fund, including selecting broker-dealers to execute purchase and sale transactions (“trading authority”), shall initially be as set forth on Schedule A hereto (which may differ by Fund). The Adviser may revise the scope of the Sub-Adviser’s trading authority upon the provision of at least 30 days’ written notice to the Sub-Adviser. Absent the Sub-Adviser’s provision of written notice declining such change, such a change shall be effective as of the later of the end of such 30-day period or the date set forth in such notice. If Schedule A indicates “partially discretionary” trading authority, initially, the Adviser shall retain discretionary trading authority for a mutually agreed subset of the Fund’s portfolio investments (the “Subset”), and the Sub-Adviser shall be responsible for providing non-discretionary trading recommendations to the Adviser with respect to the Subset (in accordance with the applicable terms of the “non-discretionary” trading authority paragraph below). In addition, the Sub-Adviser shall have full discretionary trading authority for the remaining portion of the Fund’s portfolio (in accordance with the applicable terms of the “discretionary” trading authority paragraph below). If Schedule A indicates “fully discretionary” trading authority, initially, the Sub-Adviser shall exercise full trading authority for a Fund with respect to purchases, sales or other transactions, as well as with respect to all other such things necessary or incidental to the furtherance or conduct of such purchases, sales or other transactions. If Schedule A indicates “non-discretionary” trading authority, initially, the Sub-Adviser shall be responsible for promptly informing the Adviser (or another investment sub-advisory firm designated by the Adviser (herein, a “Trading Adviser”)) of portfolio investment decisions for a Fund in writing pursuant to mutually agreed notification protocols. In turn, the parties understand and acknowledge that the Adviser or the Trading Adviser, as the case may be, will fully rely on such notifications to effect the security (and other financial instrument) trading execution for each Fund’s portfolio investments. Additionally, the Adviser and the Trading Adviser, as the case may be, has full discretionary authority to select broker-dealers to effect the trading execution for a Fund’s portfolio investments. In the event the Adviser or the Trading Adviser desire clarification on a particular Sub-Adviser notification, the Adviser or the Trading Adviser, as the case may be, will seek guidance from the Sub-Adviser prior to executing any transaction in question. In any case (e.g., non-discretionary, partial discretion, or full discretion), the Adviser may retain such discretionary authority as it deems appropriate for effecting in-kind and other transactions of Fund portfolio investments vis-à-vis “creation units.” Regardless of the scope of the Sub-Adviser’s trading authority, the Sub-Adviser acknowledges that the Board retains ultimate authority over each Fund and may take any and all actions necessary and reasonable to protect the interests of Fund shareholders.

  • Consulting Arrangement The Company hereby engages Consultant as an independent contractor and not as an employee, to render consulting services to the Company as hereinafter provided and Consultant hereby accepts such engagement for a period commencing on July 18, 2001 and ending on the July 17, 2002. Consultant agrees that Consultant will not have any authority to bind or act on behalf of the Company. Consultant shall at all times be an independent contractor hereunder, rather than an agent, coventurer, employee or representative of the Company. The Company hereby acknowledges and agrees that Consultant may engage directly or indirectly in other businesses and ventures and shall not be required to perform any services under this Agreement when, or for such periods in which, the rendering of such services shall unduly interfere with such other businesses and ventures, providing that such undertakings do not completely preempt Consultant's availability during the term of this Agreement. Neither Consultant nor his employees will be considered by reason of the provisions of this Agreement or otherwise as being an employee of the Company or as being entitled to participate in any health insurance, medical, pension, bonus or similar employee benefit plans sponsored by the Company for its employees. Consultant shall report all earnings under this Agreement in the manner appropriate to its status as an independent contractor and shall file all necessary reports and pay all taxes with respect to such payments.

  • Consulting If the Executive agrees to the provisions of Section 14(e) above, then the Executive shall have the obligation to provide consulting services to the Company as an independent contractor, commencing on the Date of Termination and ending on the second anniversary of the Date of Termination (the “Consulting Period”). The Executive shall hold himself available at reasonable times and on reasonable notice to render such consulting services as may be so assigned to him by the Board or the Company’s then Chief Executive Officer; provided, however, that unless the parties otherwise agree, the consulting services rendered by the Executive during the Consulting Period shall not exceed twenty (20) hours each month; and, provided, further, that the consulting services rendered by the Executive during the Consulting Period shall in no event exceed twenty percent (20%) of the average level of services performed by the Executive for the Company over the thirty-six (36) month period immediately preceding the Executive’s Separation from Service (or the full period of services to the Company, if the Executive has been providing services to the Company for less than thirty-six (36) months). The Company agrees to use its best efforts during the Consulting Period to secure the benefit of the Executive’s consulting services so as to minimize the interference with the Executive’s other activities, including requiring the performance of consulting services at the Company’s offices only when such services may not be reasonably performed off-site by the Executive.