Common use of Provision of Certain Information by the Adviser Clause in Contracts

Provision of Certain Information by the Adviser. The Adviser will promptly notify the Subadviser in the event that the SEC has censured the Adviser or the Fund; placed limitations upon either of their activities, functions, or operations; suspended or revoked the Adviser’s registration as an investment adviser; or has commenced proceedings or an investigation that may result in any of these actions.

Provision of Certain Information by the Adviser. The Adviser will promptly notify the Subadviser (1) in the event that the SEC has censured the Adviser or the FundTrust; placed limitations upon either of their activities, functions, or operations; suspended or revoked the Adviser’s 's registration as an investment adviser; or has commenced proceedings or an investigation that may result in any of these actionsactions and (2) upon having a reasonable basis for believing that any Fund has ceased to qualify or might not qualify as a regulated investment company under Subchapter M of the Code.