Use of Adviser Name. Prior to marketing the Fund, the Manager shall (i) provide the Adviser with samples of materials to be used in the marketing of the Fund, including the Trust's disclosure documents, shareholder communications, advertising, sales literature and similar communications that contain or reference the Adviser’s name and/or the names of its affiliates, and (ii) not distribute, or cause to be distributed, any such materials to any third party prior to receipt of written approval from the Adviser in respect of any information therein related to the Adviser or its affiliates(the “Adviser Information”), provided that the Adviser shall not unreasonably withhold such approval. Following such approval, the Manager may only alter, edit or amend the Adviser Information without the further prior written approval of the Adviser provided that such alterations, edits or amendments are not substantive, do not cause any information therein to be misleading or inaccurate and do not result in the omission of a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. Materials which have been approved by the Adviser in accordance with this paragraph are referred to herein as “Approved Materials”. In connection with the marketing of the Fund, Adviser authorizes Manager to use Adviser’s trademarks and/or service marks (the “Marks”). Manager acknowledges that Adviser owns the Marks and Manager has no right to alienate the Marks, nor does Manager have permission to use the Marks for any purpose other than the marketing or distribution of the Fund.
Appears in 1 contract
Sources: Investment Advisory Agreement (American Beacon Funds)
Use of Adviser Name. Adviser hereby grants to the Trust and the Manager the license to use Adviser’s name in the name of the Fund for so long as Adviser serves as investment adviser with respect to at least a portion of the Fund’s assets. Prior to using marketing materials with respect to the Fund, the Manager shall (i) provide the Adviser with samples of materials to be used in the marketing of the Fund, including the Trust's disclosure documents, shareholder communications, advertising, sales literature and similar communications that contain or reference the Adviser’s name and/or the names of its affiliates, and (ii) not distribute, or cause to be distributed, any such materials to any third party prior to receipt of written approval from the Adviser in respect of any information therein related to the Adviser or its affiliates(the “Adviser Information”), provided that the Adviser shall not unreasonably withhold such approval. Following such approval, the Manager may only alter, edit or amend the Adviser Information without the further prior written approval of the Adviser provided that such alterations, edits or amendments are not substantive, do not cause any information therein to be misleading or inaccurate and do not result in the omission of a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. Materials which have been approved by the Adviser in accordance with this paragraph are referred to herein as “Approved Materials”. In connection with the marketing of the Fund, Adviser authorizes Manager to use Adviser’s trademarks and/or service marks (the “Marks”). Manager acknowledges that Adviser owns the Marks and Manager has no right to alienate the Marks, nor does Manager have permission to use the Marks for any purpose other than the marketing or distribution of the Fund.
Appears in 1 contract
Sources: Investment Advisory Agreement (American Beacon Funds)