Common use of RIGHTS TO NAME Clause in Contracts

RIGHTS TO NAME. If the Adviser ceases to act as investment adviser to the Fund or the Series whose name includes the term “Prospector” (the “M▇▇▇”) or if the Adviser requests in writing, the Fund and/or the Series shall take prompt action to change the name of the Fund and/or Series to a name that does not include the M▇▇▇. The Adviser may from time to time make available without charge to the Fund or Series for the Fund’s or Series’ use any marks or symbols owned by the Adviser, including marks or symbols containing the M▇▇▇ or any variation thereof, as the Adviser deems appropriate. Upon the Adviser’s request in writing, the Fund and/or Series shall cease to use any such m▇▇▇ or symbol at any time. The Fund, including the Series acknowledges that any rights in or to the M▇▇▇ and any such marks or symbols which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser. The Adviser may permit other parties, including other investment companies, to use the M▇▇▇ in their names without the consent of the Fund. The Fund, including each Series shall not use the M▇▇▇ in conducting any business other than that of an investment company registered under the 1940 Act without the permission of the Adviser.

RIGHTS TO NAME. If the Adviser ceases to act as investment adviser to the Fund or the Series whose name includes the term “Prospector” (the “M▇▇▇▇”) or if the Adviser requests in writing, the Fund and/or the Series shall take prompt action to change the name of the Fund and/or Series to a name that does not include the M▇▇▇▇. The Adviser may from time to time make available without charge to the Fund or Series for the Fund’s or Series’ use any marks or symbols owned by the Adviser, including marks or symbols containing the M▇▇▇▇ or any variation thereof, as the Adviser deems appropriate. Upon the Adviser’s request in writing, the Fund and/or Series shall cease to use any such m▇▇▇▇ or symbol at any time. The Fund, including the Series acknowledges that any rights in or to the M▇▇▇▇ and any such marks or symbols which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser. The Adviser may permit other parties, including other investment companies, to use the M▇▇▇▇ in their names without the consent of the Fund. The Fund, including each Series shall not use the M▇▇▇▇ in conducting any business other than that of an investment company registered under the 1940 Act without the permission of the Adviser.