Use of Subadviser’s Name Sample Clauses
The "Use of Subadviser’s Name" clause defines the conditions under which a party, typically the investment adviser or fund, may use the subadviser's name, trademarks, or branding in connection with marketing, advertising, or other public communications. This clause often specifies whether prior written consent is required, the scope of permitted use, and any restrictions or obligations regarding the presentation of the subadviser's identity. Its core practical function is to protect the subadviser's brand and reputation by ensuring that its name is used appropriately and only in agreed-upon contexts, thereby preventing unauthorized or misleading references.
Use of Subadviser’s Name. Neither the Trust nor Manager will use the name of Subadviser, or any affiliate of Subadviser, in any prospectus, advertisement sales literature or other communication to the public except in accordance with such policies and procedures as shall be mutually agreed to by the Subadviser and the Manager.
Use of Subadviser’s Name. Neither the Fund nor the Investment Manager or any affiliate or agent thereof shall make reference to or use the name, and any derivative thereof or logo associated with that name, of the Subadviser or any of its affiliates in any advertising or promotional materials without the prior approval of the Subadviser, which approval shall not be unreasonably withheld or delayed. Upon termination of this Agreement, the Investment Manager and the Fund shall forthwith cease to use such name (or derivative or logo) as soon as reasonably practicable.
Use of Subadviser’s Name. The Adviser will not use the Subadviser's name (or that of any affiliate) in Trust literature without prior review and approval by the Subadviser, which will not be unreasonably withheld or delayed.
Use of Subadviser’s Name. The parties agree that the name of Subadviser, the names of any affiliates of Subadviser and any derivative, logo, trademark, service mark or trade name are ▇▇▇ valuable property of the Subadviser and its affiliates. Adviser and the Fund shall have the right to use such name(s), derivatives, logos, trademarks or service marks or trade names only with the prior written approval of Subadviser, which approval shall not be unreasonably withheld or delayed so long as this Agreement is in effect. Upon termination of the Agreement, Adviser and the Fund shall forthwith cease to use such name(s), derivatives, logos, trademarks, service marks or trade names. Adviser and the Fund agree they will review with Subadviser any advertisement, sales literature, or notice prior to its use that makes reference to Subadviser or its affiliates or any such name(s), derivatives, logos, trademarks, service marks or trade names, it being understood that Subadviser shall have no responsibility to ensure of the adequacy of the form or content of such materials for purposes of the 1940 Act or other applicable laws and regulations. If Adviser or the Fund makes an unauthorized use of Subadviser's names, derivatives, logos, trademarks, service marks or trade names, the parties acknowledge that Subadviser shall suffer irreparable hard for which monetary damages are inadequate and thus, Subadviser will be entitled to injunctive relief.
Use of Subadviser’s Name. (a) The Adviser agrees that it will, prior to using any sales literature or other materials which mention the Subadviser's name, including any Fund prospectus, statement of additional information, annual report or other document required to be provided to shareholders of the Funds pursuant to the federal securities laws, provide the Subadviser with a copy of all such material.
(b) With respect to the Adviser's use of sales literature which mentions the Subadviser's name, the Adviser shall obtain the Subadviser's prior consent before using any such material. With respect to the Adviser's use of any other material listed in paragraph (a) above which mentions the Subadviser's name, the Adviser shall obtain the Subadviser's prior consent before using any such material only if such material is materially different from similar material used by the Adviser with respect to which the Subadviser has already consented.
(c) If the Subadviser's prior consent is required, such consent will be presumed to have been given if the Adviser does not receive a response from the Subadviser (i) within 3 business days after the Subadviser's receipt of the materials requiring consent, if such consent relates to sales literature, or (ii) within 5 business days after the Subadviser's receipt of materials requiring consent, if such consent relates to any other material listed in paragraph (a) above.
(d) If the Subadviser denies its consent with respect to a particular item, such denial shall be in writing and shall include the Subadviser's reason(s) therefor.
Use of Subadviser’s Name. Neither the Funds nor the Adviser will use the name of the Subadviser or any affiliate of Subadviser in any prospectus, advertisement, sales literature or other communication to the public without the prior consent of the Subadviser; provided that Subadviser may not unreasonably withhold its consent from the use of its name as required by law.
Use of Subadviser’s Name. Neither the Fund nor the Investment Manager or any affiliate or agent thereof shall make reference to or use the name, and any derivative thereof or logo associated with that name, of the Subadviser or any of its affiliates in any advertising or promotional materials without the prior approval of the Subadviser, which approval shall not be unreasonably withheld or delayed. Upon termination of this Agreement, the Investment Manager and the Fund shall forthwith cease to use such name (or derivative or logo) as soon as reasonably practicable. Investment Manager agrees to use the name and logo of the Subadviser only in the form and manner depicted in Appendix B or as otherwise approved in writing by Subadviser and use the appropriate trademark symbol whenever one of Subadviser's trademarks is first mentioned in any Sales Materials, and Investment Manager shall use such footnotes as provided in with the logos in Appendix B that are appropriate or necessary to indicate proprietary interest in the trademark. Investment Manager will do nothing inconsistent with the ownership of the ▇. ▇▇▇▇ Price marks, and that it will not, now or hereafter, contest any registration or application for registration of the ▇. ▇▇▇▇ Price marks by Subadviser in any jurisdiction, nor will it, now or hereafter, aid anyone in contesting any such registration or application for registration of the ▇. ▇▇▇▇ Price marks by Subadviser. Investment Manager further agrees that it will not, without the prior written consent of Subadviser, register, attempt to register or assist anyone else to register the ▇. ▇▇▇▇ Price marks in the United States, the UK or anywhere else. For the purposes of this paragraph, the ▇. ▇▇▇▇ Price marks shall include any ▇▇▇▇ registered with the United States Patent and Trademark Office by ▇. ▇▇▇▇ Price Group, Inc. or any of its subsidiaries.
Use of Subadviser’s Name. The Adviser and the Fund agree not to refer to any designation comprised in whole or in part of the names or marks "Massachusetts Financial Services Company", "MFS Investment Management" or any other trademark relating to MFS in any advertising or other document without the prior written consent of the subadviser. Upon termination of this Agreement, each party shall cease all use of the other's name as soon as reasonably practicable.