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

Provision of Certain Information by the Adviser. The Subadviser shall timely furnish the Sub-Subadviser with such additional information as may be reasonably necessary for, and reasonably requested by, the Sub-Subadviser to perform its responsibilities pursuant to this Agreement (in each case, subject to the Subadvisor being provided such information by the Adviser). The Subadviser will also promptly notify the Sub-Subadviser of the following events, to the extent the Subadviser has been notified of such by the Adviser: (1) the SEC, CFTC, NFA or other US or non-US governmental or self-regulatory authority has (i) censured the Adviser or the Trust; (ii) placed limitations upon either of their activities, functions, or operations which may reasonably be expected to have a material adverse effect on the Adviser’s ability to perform its obligations under this Agreement or have a material adverse effect on the Trust; (iii) suspended or revoked the Adviser’s registration as an investment adviser; or (iv) has commenced proceedings or an investigation that may reasonably be expected to have a material adverse effect on the Adviser’s ability to perform its obligations under this Agreement; or (2) upon having a reasonable basis for believing that the Fund has ceased to qualify or might reasonably be expected to fail to qualify as a regulated investment company under Subchapter M of the Code.

Provision of Certain Information by the Adviser. The Subadviser Adviser shall timely furnish the Sub-Subadviser with such additional information as may be reasonably necessary for, and reasonably requested by, the Sub-Subadviser to perform its responsibilities pursuant to this Agreement (in each case, subject to the Subadvisor being provided such information by the Adviser)Agreement. The Subadviser Adviser will also promptly notify the Sub-Subadviser of the following eventsSubadviser, to the extent the Subadviser has been notified of such as permitted by the Adviserapplicable law: (1) (i) in the event that the SEC, CFTC, NFA or other US or non-US governmental or self-self regulatory authority has (i) censured the Adviser or the Trust; (ii) placed limitations upon either of their activities, functions, or operations which may reasonably be expected to have a material adverse effect on the Adviser’s ability to perform its obligations under this Agreement or have a material adverse effect on the Trust; (iii) suspended or revoked the Adviser’s registration as an investment adviser; or (iv) has commenced proceedings or an investigation that may reasonably be expected to have a material adverse effect on the Adviser’s ability to perform its obligations under this Agreement; or (2) upon having a reasonable basis for believing that the Fund has ceased to qualify or might reasonably be expected to fail to qualify as a regulated investment company under Subchapter M of the Code. The Adviser acknowledges that the Subadviser does not currently intend to register with the CFTC as a “commodity trading advisor” under the CEA with respect to the Fund in reliance upon one or more exemptions from such registration requirement. Subject to the Subadviser’s compliance with Section 10K, the Adviser shall notify the Subadviser if the aggregate net notional value of the Fund’s commodity futures, commodity options contracts, or swaps positions, determined at the time the most recent position was established, exceeds 95% of the liquidation value of the Fund’s portfolio, after taking into account unrealized profits and unrealized losses on any such positions it has entered into.