Common use of Availability of Interests Clause in Contracts

Availability of Interests. Conditional upon the Company complying with the terms of this Agreement, the Portfolio shall permit the Fund to make additional Investments in the Portfolio on each business day on which shares of the Fund are sold to the public; provided, however, that the Portfolio may refuse to permit the Fund to make additional Investments in the Portfolio on any day on which (i) the Portfolio has refused to permit all other investors in the Portfolio to make additional Investments in the Portfolio or (ii) the Trustees of the Portfolio have reasonably determined that permitting additional Investments by the Fund in the Portfolio would constitute a breach of their fiduciary duties to the Portfolio.

Availability of Interests. Conditional upon Subject to compliance with the Company complying with Securities Laws and the terms of this Agreement, including without limitation the continuing accuracy of the representations set forth in Sections 2.1 and 2.3, the Portfolio shall permit the Fund to make additional Investments investments in the Portfolio on each business day Business Day on which shares of the Fund are sold to the publicpublic and purchase orders are submitted in proper form; provided, however, that the Portfolio may refuse to permit the Fund to make additional Investments in the Portfolio investments on any day on which (i) the Portfolio has refused to permit all other investors in the Portfolio to make additional Investments in the Portfolio or (ii) the Trustees of the Portfolio have Master Trust reasonably determined determine that permitting additional Investments investments by the Fund in the Portfolio would constitute a breach of their fiduciary duties to the Portfolio.

Availability of Interests. Conditional upon the Company Fund complying with the terms of this Agreement, the Portfolio shall permit the Fund to make additional Investments in the Portfolio on each business day on which shares of the Fund are sold to the public; provided, however, that the Portfolio may refuse to permit the Fund to make additional Investments in the Portfolio on any day on which (i) the Portfolio has refused to permit all other investors in the Portfolio to make additional Investments in the Portfolio or (ii) the Trustees of the Portfolio Trust have reasonably determined that permitting additional Investments by the Fund in the Portfolio would constitute a breach of their fiduciary duties to the Portfolio.

Availability of Interests. Conditional upon the Company Trust complying with the terms of this Agreement, the Portfolio shall permit the Fund to make additional Investments in the Portfolio on each business day on which shares of the Fund are sold to the public; provided, however, that the Portfolio may refuse to permit the Fund to make additional Investments in the Portfolio on any day on which (i1) the Portfolio has refused to permit all other investors in the Portfolio to make additional Investments in the Portfolio or (ii2) the Trustees of the Portfolio have reasonably determined that permitting additional Investments by the Fund in the Portfolio would could constitute a breach of their fiduciary duties to the Portfolio.

Availability of Interests. Conditional upon the Company Conseco Trust complying with the terms of this Agreement, the Portfolio shall permit the Fund to make additional Investments in the Portfolio on each business day on which shares of the Fund are sold to the public; provided, however, that the Portfolio may refuse to permit the Fund to make additional Investments in the Portfolio on any day on which (i1) the Portfolio has refused to permit all other investors in the Portfolio to make additional Investments in the Portfolio or (ii2) the Trustees of the Portfolio have reasonably determined that permitting additional Investments by the Fund in the Portfolio would could constitute a breach of their fiduciary duties to the Portfolio.

Availability of Interests. Conditional upon the Company Fund complying with the terms of this Agreement, the Portfolio shall permit the each Fund to make additional Investments in the Portfolio on each business day on which shares of the Fund are sold to the public; provided, however, that the Portfolio may refuse to permit the a Fund to make additional Investments in the Portfolio on any day on which (i) the Portfolio has refused to permit all other investors in the Portfolio to make additional Investments in the Portfolio or (ii) the Trustees of the Portfolio have reasonably determined that permitting additional Investments by the Fund in the Portfolio would constitute a breach of their fiduciary duties to the Portfolio.

Availability of Interests. Conditional upon the Company Trust ------------------------- complying with the terms of this Agreement, the Portfolio Trust shall permit the Fund to make additional Investments in the Portfolio on each business day on which shares of the Fund are sold to the public; provided, however, that ----------------- the Portfolio Trust may refuse to permit the Fund to make additional Investments in the Portfolio (i) on any day on which (i) the Portfolio has refused Trust refuses to permit all other investors in the Portfolio to make additional Investments in the Portfolio or (ii) in the event the Trustees of the Portfolio Trust have reasonably determined that permitting additional Investments by the Fund in the Portfolio would constitute a breach of their fiduciary duties to the Portfolio.

Availability of Interests. Conditional upon the Company complying with the terms of this Agreement, the Portfolio shall permit the Fund to make additional Investments in the Portfolio on each business day on which shares of the Fund are sold to the public; provided, however, that the Portfolio may refuse to permit the Fund to make additional Investments in the Portfolio on any day on which (i1) the Portfolio has refused to permit all other investors in the Portfolio to make additional Investments in the Portfolio or (ii2) the Trustees of the Portfolio have reasonably determined that permitting additional Investments by the Fund in the Portfolio would could constitute a breach of their fiduciary duties to the Portfolio.

Availability of Interests. Conditional upon the Company Trust complying with the terms of this Agreement, the Portfolio Trust shall permit the Fund to make additional Investments in the Portfolio on each business day on which shares of the Fund are sold to the public; provided, however, that the Portfolio Trust may refuse to permit the Fund to make additional Investments in the Portfolio (i) on any day on which (i) the Portfolio has refused Trust refuses to permit all other investors in the Portfolio to make additional Investments in the Portfolio or (ii) in the event the Trustees of the Portfolio Trust have reasonably determined that permitting additional Investments by the Fund in the Portfolio would constitute a breach of their fiduciary duties to the Portfolio.

Availability of Interests. Conditional upon the Company Fund complying with the terms of this Agreement, the Portfolio shall permit the Fund to make purchase additional Investments interests in the Portfolio on each business day on which shares of the Fund are sold to the public; provided, however, that the Portfolio may refuse to permit the Fund to make purchase additional Investments interests in the Portfolio on any day on which which: (i) the Portfolio has refused to permit all other investors in the Portfolio to make purchase additional Investments interests in the Portfolio Portfolio, or (ii) the Trustees Directors of the Portfolio Company have reasonably determined that permitting additional Investments investments by the Fund in the Portfolio would constitute a breach of their fiduciary duties to the Portfolio.