Common use of Use of the Name Clause in Contracts

Use of the Name. Xxx Xxxxxx American Capital". Xxx Xxxxxx American Capital, Inc. ("Xxx Xxxxxx American Capital") has consented to the use by the Trust and by each Series and each Series thereof to the identifying words "Xxx Xxxxxx" or "Van Xxxxxx Xxxxxxx" or any combination thereof in the name of the Trust and of each Series and Series thereof. Such consent is conditioned upon the Trust's employment of Xxx Xxxxxx American Capital, its successors or a subsidiary or affiliate thereof as investment adviser to the Trust and to each Series and each Series thereof. As between Xxx Xxxxxx American Capital and the Trust, Xxx Xxxxxx American Capital shall control the use of such name insofar as such name contains the identifying words "Xxx Xxxxxx" or "Van Xxxxxx Xxxxxxx". Xxx Xxxxxx American Capital may from time to time use the identifying words "American Capital," "Xxx Xxxxxx" or "Van Xxxxxx Xxxxxxx" in other connections and for other purposes, including without limitation in the names of other investment companies, corporations or businesses that it may manage, advise, sponsor or own or in which it may have a financial interest. Xxx Xxxxxx American Capital may require the Trust or any Series or Series thereof to cease using the identifying words "Xxx Xxxxxx" or "Van Xxxxxx Xxxxxxx" in the name of the Trust or any Series or any Series thereof if the Trust or any Series or Series thereof ceases to employ Xxx Xxxxxx American Capital, its successors or a subsidiary or affiliate thereof as investment adviser.

Use of the Name. Xxx Xxxxxx American Capital". Xxx Xxxxxx American Capital, Inc. ("Xxx Xxxxxx American Capital") has consented to the use by the Trust and by each Series and each Series thereof to the identifying words "Xxx Xxxxxx" or "Van Xxxxxx Xxxxxxx" or any combination thereof in the name of the Trust and of each Series and Series thereof. Such consent is conditioned upon the Trust's employment of Xxx Xxxxxx American Capital, its successors or a subsidiary or affiliate thereof as investment adviser to the Trust and to each Series and each Series thereof. As between Xxx Xxxxxx American Capital and the Trust, Xxx Xxxxxx American Capital shall control the use of such name insofar as such name contains the identifying words "Xxx Xxxxxx" or "Van Xxxxxx Xxxxxxx". Xxx Xxxxxx American Capital may from time to time use the identifying words "American Capital," "Xxx Capital,"Xxx Xxxxxx" or "Van Xxxxxx Xxxxxxx" in other connections and for other purposes, including without limitation in the names of other investment companies, corporations or businesses that it may manage, advise, sponsor or own or in which it may have a financial interest. Xxx Xxxxxx American Capital may require the Trust or any Series or Series thereof to cease using the identifying words "Xxx Xxxxxx" or "Van Xxxxxx Xxxxxxx" in the name of the Trust or any Series or any Series thereof if the Trust or any Series or Series thereof ceases to employ Xxx Xxxxxx American Capital, its successors or a subsidiary or affiliate thereof as investment adviser.

Use of the Name. Xxx Xxxxxx American Capital". Xxx Xxxxxx American Capital, Inc. ("Xxx Xxxxxx American Capital") has consented to the use by the Trust and by each Series and each Series thereof to the identifying words "Xxx Xxxxxx" or "Van Xxxxxx Xxxxxxx" or any combination thereof in the name of the Trust and of each Series and Series thereof. Such consent is conditioned upon the Trust's employment of Xxx Xxxxxx American Capital, its successors or a subsidiary or affiliate thereof as investment adviser to the Trust and to each Series and each Series thereof. As between Xxx Xxxxxx American Capital and the Trust, Xxx Xxxxxx American Capital shall control the use of such name insofar as such name contains the identifying words "Xxx Xxxxxx" or "Van Xxxxxx Xxxxxxx". Xxx Xxxxxx American Capital may from time to time use the identifying words "American Capital," "Xxx Xxxxxx" or "Van Xxxxxx Xxxxxxx" in other connections and for other purposes, including without limitation in the names of other investment companies, corporations or businesses that it may manage, advise, sponsor or own or in which it may have a financial interest. Xxx Xxxxxx American Capital may require the Trust or any Series or Series thereof to cease using the identifying words "Xxx Xxxxxx" or "Van Xxxxxx Xxxxxxx" in the name of the Trust or any Series or any Series thereof if the Trust or any Series or Series thereof ceases to employ Xxx Xxxxxx American Capital, its successors or a subsidiary or affiliate thereof as investment adviser.. 31