Other Activities of the Sub-Advisor Sample Clauses

Other Activities of the Sub-Advisor. The services of the Sub-Advisor to the Advisor and the Company are not exclusive, and the Sub-Advisor may engage in any other business or render similar or different services to others including, without limitation, the direct or indirect sponsorship or management of other investment-based accounts or commingled pools of capital, however structured, having investment objectives similar to or different from those of the Company, and nothing in this Agreement shall limit or restrict the right of any officer, director, shareholder (and their shareholders or members, including the owners of their shareholders or members), officer or employee of the Sub-Advisor to engage in any other business or to devote his or her time and attention in part to any other business, whether of a similar or dissimilar nature, or to receive any fees or compensation in connection therewith (including fees for serving as a director of, or providing consulting services to, one or more of the Company’s portfolio companies, subject to applicable law). The Sub-Advisor assumes no responsibility under this Agreement other than to render the services set forth herein. During the term of this Agreement and for a period of one (1) year following any termination or nonrenewal of this Agreement for any reason, the Company shall not, directly or indirectly on behalf of itself or any other person or entity: (a) solicit the employment of or employ any partners, shareholders, directors, officers, employees, consultants and/or associated persons (each, an “Associate”) of the Sub-Advisor, or any of their respective Affiliates (collectively, “Sub-Advisor Persons”) or any person or entity who was an Associate of an Sub-Advisor Person during the one-year period preceding such proposed solicitation or employment, or (b) induce, persuade or attempt to induce or persuade the discontinuation of, or in any way interfere or attempt to interfere with, the relationship between an Sub-Advisor Person and any Associate of such Sub-Advisor Person or any person or entity who was an Associate of such Sub-Advisor Person during the one-year period preceding such proposed inducement, persuasion or interference or attempted inducement, persuasion or interference. The parties intend that any provision of this Section 6 held invalid, illegal or unenforceable only in part or degree because of the duration or geographic scope thereof shall remain in full force to the extent not held invalid, illegal or unenforceable.

Other Activities of the Sub-Advisor. Investment Manager agrees that the Sub-Advisor and any of its partners or employees, and persons affiliated with it or with any such partner or employee may render investment management or advisory services to other investors and institutions, and such investors and institutions may own, purchase or sell, securities or other interests in property the same as or similar to those which are selected for purchase, holding or sale for the Portfolio, and the Sub-Advisor shall be in all respects free to take action with respect to investments in securities or other interests in property the same as, similar to or different from those selected for purchase, holding or sale for the Portfolio. Purchases and sales of individual securities on behalf of the Portfolio and other portfolios of the Trust or accounts for other investors or institutions will be made on a basis that is equitable to all portfolios of the Trust and other accounts. Nothing in this agreement shall impose upon the Sub-Advisor any obligation to purchase or sell or recommend for purchase or sale, for the Portfolio any security which it, its partners, affiliates or employees may purchase or sell for the Sub-Advisor or such partner's, affiliate's or employee's own accounts or for the account of any other client, advisory or otherwise.

Other Activities of the Sub-Advisor. The Advisor recognizes that the Sub-Advisor and its affiliates have investments of their own and are acting as investment managers for others. The Advisor also recognizes that the Sub-Advisor may be or become associated with other investment entities and engage in investment management for others. Except to the extent necessary to perform its obligations hereunder, nothing herein shall be deemed to limit or restrict the right of the Sub-Advisor or its affiliates, employees, managers or officers to engage in, or to devote time and attention to the management of any other business, whether of a similar or dissimilar nature, or to render services of any kind to any other corporation, firm, individual or association. The Sub-Advisor may on occasion give advice or take action with respect to other investment entities that it manages that is the same or differs from the advice given with respect to the Fund.

Other Activities of the Sub-Advisor. The services of the Sub-Advisor hereunder are not to be deemed exclusive, and the Sub-Advisor shall be free to render similar services to others and to engage in other activities, so long as the services rendered hereunder are not impaired.

Other Activities of the Sub-Advisor. (a) Nothing in this Agreement shall (i) prevent the Sub-Advisor or any of its Affiliates, officers, directors, employees or personnel, from engaging in other businesses or from rendering services of any kind to any other Person, including, without limitation, investing in, or rendering advisory services to others investing in, any type of business (including, without limitation, investments that meet the principal investment objectives of the Company), whether or not the investment objectives or policies of any such other Person or entity are similar to those of the Company, including, without limitation, the sponsoring, closing and/or managing of any Other Balbec Accounts, or (ii) in any way bind or restrict the Sub-Advisor or any of its Affiliates, officers, directors, employees or personnel from buying, selling or trading any securities or investments for their own accounts or for the account of others for whom the Sub-Advisor or any of its Affiliates, officers, directors, employees or personnel may be acting, or (iii) prevent the Sub-Advisor or any of its Affiliates, officers, directors, employees or personnel from receiving fees or other compensation or profits (whether in cash or in-kind) from such activities described in this Section 8(a) which shall be for the sole benefit of the Sub-Advisor (and/or its Affiliates, officers, directors, employees or personnel), subject to any agreements with the Sub-Advisor, including the Exclusivity Agreement by and between the respective parent companies of the Advisor and Sub-Advisor, dated as of February 3, 2025 (the “Exclusivity Agreement”). While information and recommendations supplied to the Advisor or the Company shall, in the Sub-Advisor’s reasonable and good faith judgment, be appropriate under the circumstances and in light of the investment objectives and policies of the Company, such information and recommendations may be different in certain material respects from the information and recommendations supplied by the Sub-Advisor or any Affiliate of the Sub-Advisor to others (including, for greater certainty, the Other Balbec Accounts and their investors, as described more fully in Section 8(b)). (b) Each of the Sub-Advisor and the Advisor acknowledges and agrees that, notwithstanding anything to the contrary contained herein, (i) Affiliates of the Sub-Advisor sponsor, advise and/or manage Other Balbec Accounts and may in the future sponsor, advise and/or manage additional Other Balbec Accounts, subject ...

Other Activities of the Sub-Advisor. The services of the Sub-Advisor to the Advisor and the Fund are not exclusive, and the Sub-Advisor may engage in any other business or render similar or different services to others.

Other Activities of the Sub-Advisor. Nothing herein contained shall prevent the Sub-Advisor or any of its Affiliates from engaging in other activities, including, without limitation, the rendering of advice to other Persons (including other REITs) and the management of other programs advised, sponsored or organized by the Sub-Advisor or by Sub-Advisor’s Affiliates; nor shall this Agreement limit or restrict the right of any director, officer, employee, or stockholder of the Sub-Advisor or its Affiliates to engage in any other business or to render services of any kind to any other partnership, corporation, firm, individual, trust or association. The Sub-Advisor may, with respect to any investment in which the Advisor or the Company is a participant, also render advice and service to each and every other participant therein.

Other Activities of the Sub-Advisor. Nothing in this Agreement shall (i) prevent the Sub-Advisor or any of its affiliates, officers, directors, employees or personnel, from engaging in other businesses or from rendering services of any kind to any other Person, including, without limitation, investing in, or rendering advisory services to others investing in, any type of business (including, without limitation, acquisitions of assets that meet the principal objectives of the Company), whether or not the objectives or policies of any such other Person or entity are similar to those of the Company or (ii) in any way bind or restrict the Sub-Advisor or any of its affiliates, officers, directors, employees or personnel from buying, selling or trading any securities or assets for their own accounts or for the account of others for whom the Manager or any of its affiliates, officers, directors, employees or personnel may be acting.

Other Activities of the Sub-Advisor