Common use of PROVISION OF CERTAIN INFORMATION BY ADVISER Clause in Contracts

PROVISION OF CERTAIN INFORMATION BY ADVISER. The Adviser will promptly notify the Subadviser in writing of the occurrence of any of the following events: a. the termination of the Investment Advisory Agreement between Adviser and the Trust; b. any supplement, amendment, modification or other change to the registration statement of the Trust as effective from time to time and such other documents governing the investment of the Portfolio and such other information as is necessary for the portfolio manager to carry out its obligations under this Agreement; c. additions or withdrawals of cash to the Portfolio; d. the Adviser is served or otherwise receives notice of any material action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, involving the affairs of the Fund pertinent to the subadvisory responsibilities, to the extent not otherwise prohibited by applicable law or order; and e. any change in actual control or management of the Adviser that would result in the “assignment” of the advisory contract, as defined under the Investment Company Act.