Common use of Covenants of the Advisor Clause in Contracts

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or event, or that a change of circumstances has occurred, which would make the Advisor's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor's Trading Approach or (iii) the Advisor's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the Trust, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "SERIES G - Past Performance For All Of Its Clients" beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Advisory Agreement (World Monitor Trust III)

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Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or event, or that a change of circumstances has occurred, which would make the Advisor's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor's Trading Approach or (iii) the Advisor's Past Performance Historypast performance history, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the TrustTrading Vehicle, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for the Trust and the Managing Owner Trading Vehicle to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the any Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust Trading Vehicle and the Managing Owner with updated month-end capsule performance information relating to the Advisor's Past Performance Historypast performance history, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "SERIES G - Past Performance For All Of Its ClientsBRIDGEWATER ASSOCIATES, INC." beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it. Concurrently herewith the Advisor shall execute and deliver a consent, in the form and substance of Exhibit A hereto, with respect to the Prospectus.

Appears in 1 contract

Samples: Advisory Agreement (World Monitor Trust III)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or eventomission, event or that a change of circumstances has occurred, which would make the Advisor's ’s representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or ProspectusMemorandum, with respect to (i) the Advisor or its principals, (ii) the Advisor's ’s Trading Approach Approach, or (iii) the Advisor's ’s Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the TrustSeries J, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for the Trust and the Managing Owner Series J to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date date of the Registration Statement Memorandum and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor's ’s Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus Memorandum under the caption "SERIES G - Past Performance For All Of Its Clients" “ORTUS CAPITAL MANAGEMENT LIMITED” beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Amended and Restated Advisory Agreement (World Monitor Trust III - Series J)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or eventomission, event or that a change of circumstances has occurred, which would make the Advisor's ’s representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor's ’s Trading Approach Approach, or (iii) the Advisor's ’s Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the TrustSeries J, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for the Trust and the Managing Owner Series J to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the any Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor's ’s Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "SERIES G - Past Performance For All Of Its Clients" “ORTUS CAPITAL MANAGEMENT LIMITED” beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Advisory Agreement (WMT III Series G/J Trading Vehicle LLC)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or event, or that a change of circumstances has occurred, which would make the Advisor's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor's Trading Approach or (iii) the Advisor's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the Trust, the Managing Owner and the Selling Agent Prudential Securities of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling AgentPrudential Securities, the Trust and the Managing Owner with updated month-end information relating to the Advisor's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "SERIES G - E -- Past Performance For All Of Its Clients" beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Representation Agreement (World Monitor Trust Ii Series E)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or event, or that a change of circumstances has occurred, which would make the Advisor's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor's Trading Approach or (iii) the Advisor's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the Trust, the Managing Owner and the Selling Agent Prudential Securities of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling AgentPrudential Securities, the Trust and the Managing Owner with updated month-end information relating to the Advisor's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "SERIES G - F -- Past Performance For All Of Its Clients" beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Representation Agreement (World Monitor Trust Ii Series F)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission fact or eventomission, or that a any event or change of circumstances has occurred, occurred which would make the Advisor's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor's Trading Approach Approach, or (iii) the Advisor's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the Trust, the Managing Owner and the Selling Agent Prudential Securities of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing foregoing representations and warranties during the term of the Advisory Agreement as soon as possible within a reasonable time following such notification shall be cause for the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the Continuous any Subsequent Offering Period (as those terms are described defined in the Prospectus), it will provide the Selling AgentPrudential Securities, the Trust and the Managing Owner with updated month-end information relating to the Advisor's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "SERIES G - Past Performance For All Of Its ClientsInformation - Series C " beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: World Monitor Trust Series C

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission fact or eventomission, or that a any event or change of circumstances has occurred, occurred which would make the Advisor's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor's Trading Approach Approach, or (iii) the Advisor's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the Trust, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing foregoing representations and warranties during the term of the Advisory Agreement as soon as possible within a reasonable time following such notification shall be cause for the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the Continuous any Subsequent Offering Period (as those terms are described defined in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption ["SERIES G - Past Performance For All Of Its Clients" Information - Series I"] beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Advisory Agreement (World Monitor Trust III)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or event, or that a change of circumstances has occurred, which would make the Advisor's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor's Trading Approach or (iii) the Advisor's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the Trust, the Managing Owner and the Selling Agent Prudential Securities of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling AgentPrudential Securities, the Trust and the Managing Owner with updated month-end information relating to the Advisor's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "SERIES G - D -- Past Performance For All Of Its Clients" beyond the periods disclosed therein. The Advisor shall use its best reasonable efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Representation Agreement (World Monitor Trust Ii Series D)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or event, or that a change of circumstances has occurred, which would make the Advisor's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor's Trading Approach or (iii) the Advisor's Past Performance Historypast performance history, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the Trading Vehicle, the Trust, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for the Trust and the Managing Owner Trading Vehicle to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the any Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor's Past Performance Historypast performance history, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "SERIES G - Past Performance For All Of Its ClientsGRAHAM CAPITAL MANAGEMENT, L.P." beyond the periods disclosed thereinthereix. The Xxx Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Advisory Agreement (World Monitor Trust III)

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Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or event, or that a change of circumstances has occurred, which would make the Advisor's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor's Trading Approach or (iii) the Advisor's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the Trust, the Managing Owner and the Selling Agent Prudential Securities of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing foregoing representations and warranties during the term of the Advisory Agreement as soon as possible practicable following such notification shall be cause for the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling AgentPrudential Securities, the Trust and the Managing Owner with updated month-end information relating to the Advisor's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "SERIES G - F -- Past Performance For All Of Its Clients" beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Representation Agreement (World Monitor Trust Ii Series F)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or eventomission, event or that a change of circumstances has occurred, which would make the Advisor's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor's Trading Approach Approach, or (iii) the Advisor's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the TrustTrading Vehicle, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for the Trust and the Managing Owner Trading Vehicle to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the any Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "SERIES G - Past Performance For All Of Its ClientsEAGLE TRADING SYSTEMS, INC." beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Advisory Agreement (World Monitor Trust III)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or eventomission, event or that a change of circumstances has occurred, which would make the Advisor's ’s representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor's ’s Trading Approach Approach, or (iii) the Advisor's ’s Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the TrustSeries J, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for the Trust and the Managing Owner Series J to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the any Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor's ’s Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "SERIES G - Past Performance For All Of Its Clients" “EAGLE TRADING SYSTEMS, INC.” beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Advisory Agreement (WMT III Series G/J Trading Vehicle LLC)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or event, or that a change of circumstances has occurred, which would make the Advisor's ’s representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor's ’s Trading Approach or (iii) the Advisor's Past Performance History’s past performance history, untrue or misleading in any material respect, the Advisor will provide prompt written notification to Series J, the Trust, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for the Trust and the Managing Owner Series J to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the any Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust and the Managing Owner with updated month-end information relating to the Advisor's Past Performance History’s past performance history, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "SERIES G - Past Performance For All Of Its Clients" “XXXXXX CAPITAL MANAGEMENT, L.P.” beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: Advisory Agreement (World Monitor Trust III - Series J)

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission fact or eventomission, or that a any event or change of circumstances has occurred, occurred which would make the Advisor's representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor's Trading Approach Approach, or (iii) the Advisor's Past Performance History, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the Trust, the Managing Owner and the Selling Agent Prudential Securities of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing foregoing representations and warranties during the term of the Advisory Agreement as soon as possible within a reasonable time following such notification shall be cause for the Trust and the Managing Owner to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the Continuous any Subsequent Offering Period (as those terms are described defined in the Prospectus), it will provide the Selling AgentPrudential Securities, the Trust and the Managing Owner with updated month-end information relating to the Advisor's Past Performance History, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "SERIES G - Past Performance For All Of Its ClientsInformation - Series B " beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it.

Appears in 1 contract

Samples: World Monitor Trust Series B

Covenants of the Advisor. If, at any time during the term of the Advisory Agreement, the Advisor discovers any fact, omission or event, or that a change of circumstances has occurred, which would make the Advisor's ’s representations and warranties in Section 1 of this Agreement inaccurate or incomplete in any material respect, or which might reasonably be expected to render the Registration Statement or Prospectus, with respect to (i) the Advisor or its principals, (ii) the Advisor's ’s Trading Approach or (iii) the Advisor's Past Performance History’s past performance history, untrue or misleading in any material respect, the Advisor will provide prompt written notification to the TrustTrading Vehicle, the Managing Owner and the Selling Agent of any such fact, omission, event or change of circumstance, and the facts related thereto, and it is agreed that the failure to provide such notification or the failure to continue to be in compliance with the Foregoing foregoing representations and warranties during the term of the Advisory Agreement as soon as possible following such notification shall be cause for the Trust and the Managing Owner Trading Vehicle to terminate the Advisory Agreement with the Advisor on prior written notice to the Advisor. The Advisor also agrees that, during the term of the Advisory Agreement, from and after the Effective Date of the Registration Statement and for so long as Interests in the Trust are being offered, whether during the Initial Offering Period or during the any Continuous Offering Period (as those terms are described in the Prospectus), it will provide the Selling Agent, the Trust Trading Vehicle and the Managing Owner with updated month-end capsule performance information relating to the Advisor's Past Performance History’s past performance history, as required to be disclosed in the performance tables relating to the performance of the Advisor in the Prospectus under the caption "SERIES G - Past Performance For All Of Its Clients" “BRIDGEWATER ASSOCIATES, INC.” beyond the periods disclosed therein. The Advisor shall use its best efforts to provide such information within a reasonable period of time after the end of the month to which such updated information relates and the information is available to it. Concurrently herewith the Advisor shall execute and deliver a consent, in the form and substance of Exhibit A hereto, with respect to the Prospectus.

Appears in 1 contract

Samples: Advisory Agreement (Futures Strategic Trust)

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