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

PROVISION OF CERTAIN INFORMATION BY ADVISER. The Adviser will promptly notify the Manager in writing of the occurrence of any of the following events unless prohibited by applicable law: A. the Adviser fails to be registered as an investment adviser under the Advisers Act or under the laws of any jurisdiction in which the Adviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement; B. the Adviser is served or otherwise receives notice of any 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 Trust (unless subject to confidentiality by order of a court or similar authority); and/or C. the chief executive officer or controlling stockholder of the Adviser or the portfolio manager of the Portfolio changes or there is otherwise an actual change in control or management of the Adviser.

PROVISION OF CERTAIN INFORMATION BY ADVISER. The Adviser will promptly notify the Manager in writing of the occurrence of any of the following events unless prohibited to the extent permissible by applicable law: A. the Adviser fails to be registered as an investment adviser under the Advisers Act or under the laws of any jurisdiction in which the Adviser is required to be registered as an investment adviser in order to perform its obligations under this Agreement; B. the Adviser is served or otherwise receives notice of any 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 Trust (unless subject to confidentiality by order of a court or similar authority); and/or C. the chief executive officer or controlling stockholder of the Adviser or the portfolio manager of the Portfolio Allocated Portion changes or there is otherwise an actual change in control or management of the Adviser.