Common use of Interpretation Clause in Contracts

Interpretation. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the Investment Company Act shall be resolved by reference to such term or provision of the Investment Company Act and to interpretations thereof, if any, by the United States courts or, in the absence of any controlling decision of any such court, by rules, regulations or orders of the SEC validly issued pursuant to the Investment Company Act. Specifically, the terms “vote of a majority of the outstanding voting securities,” “interested persons,” “assignment,” and “affiliated persons,” as used herein shall have the meanings assigned to them by Section 2(a) of the Investment Company Act. In addition, where the effect of a requirement of the Investment Company Act reflected in any provision of this Agreement is relaxed by a rule, regulation or order of the SEC, whether of special or of general application, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

Appears in 510 contracts

Sources: Sub Advisory Agreement (Privacore PCAAM Alternative Growth Fund), Investment Sub Advisory Agreement (RBB Fund Trust), Investment Sub Advisory Agreement (BlueBay Destra International Event-Driven Credit Fund)

Interpretation. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the Investment Company Act shall be resolved by reference to such term or provision of the Investment Company Act and to interpretations thereof, if any, by the United States courts or, in the absence of any controlling decision of any such court, by rules, regulations or orders of the SEC validly issued pursuant to the Investment Company Act. Specifically, the terms “vote of a majority of the outstanding voting securities,” “interested personsperson,” “assignment,” and “affiliated personsperson,” as used herein shall have the meanings assigned to them by Section 2(a) of the Investment Company Act. In addition, where the effect of a requirement of the Investment Company Act reflected in any provision of this Agreement is relaxed by a rule, regulation or order of the SEC, whether of special or of general application, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

Appears in 249 contracts

Sources: Investment Sub Advisory Agreement (1290 Funds), Investment Sub Advisory Agreement (Eq Advisors Trust), Investment Sub Advisory Agreement (Symmetry Panoramic Trust)

Interpretation. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the Investment Company Act shall be resolved by reference to such term or provision of the Investment Company Act and to interpretations thereof, if any, by the United States courts or, in the absence of any controlling decision of any such court, by rules, regulations or orders of the SEC validly issued pursuant to the Investment Company Act. Specifically, the terms "vote of a majority of the outstanding voting securities,” “" "interested persons,” “" "assignment," and "affiliated persons," as used herein shall have the meanings assigned to them by Section 2(a) of the Investment Company Act. In addition, where the effect of a requirement of the Investment Company Act reflected in any provision of this Agreement is relaxed by a rule, regulation or order of the SEC, whether of special or of general application, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

Appears in 183 contracts

Sources: Investment Sub Advisory Agreement (RBB Fund, Inc.), Investment Consultant Agreement (Bow River Capital Evergreen Fund), Investment Sub Advisory Agreement (SRH Total Return Fund, Inc.)

Interpretation. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the Investment Company Act shall will be resolved by reference to such term or provision of the Investment Company Act and to interpretations thereof, if any, by the United States courts or, in the absence of any controlling decision of any such court, by rules, regulations regulations, orders or orders interpretations of the SEC validly issued pursuant to the Investment Company Act. Specifically, the terms “vote of a majority of the outstanding voting securities,” “interested persons,” “assignment,” and “affiliated persons,” as used herein shall herein, will have the meanings assigned to them by Section 2(a) of the Investment Company Act. In addition, where the effect of a requirement of the Investment Company Act reflected in any provision of this Agreement is relaxed by a rule, regulation regulation, order, exemption or order interpretation of the SEC, whether of special or of general application, such provision shall will be deemed to incorporate the effect of such rule, regulation regulation, order, exemption or orderinterpretation.

Appears in 13 contracts

Sources: Investment Advisory Agreement (American Beacon Funds), Investment Advisory Agreement (American Beacon Select Funds), Investment Advisory Agreement (American Beacon Funds)

Interpretation. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the Investment Company 1940 Act shall be resolved by reference to such term or provision of the Investment Company Act and to interpretations thereof, if any, by the United States courts or, in the absence of any controlling decision of any such court, by rules, regulations or orders of the SEC validly issued pursuant to the Investment Company said Act. Specifically, the terms "vote of by a majority of the outstanding voting securities,” “", "annually", "interested persons,” “person", "assignment,” ", and "affiliated persons,” person", as used herein herein, shall have the meanings assigned to them by Section 2(a) of the Investment Company 1940 Act. In addition, where the effect of a requirement of the Investment Company 1940 Act reflected in any provision of this Agreement is relaxed by a rule, regulation or order of the SEC, whether of special or of general application, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

Appears in 6 contracts

Sources: Investment Advisory Agreement (Meeder Funds), Investment Advisory Agreement (Meeder Funds), Investment Advisory Agreement (Meeder Funds)

Interpretation. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the Investment Company Act shall be resolved by reference to such term or provision of the Investment Company Act and to interpretations thereof, if any, by the United States courts or, in the absence of any controlling decision of any such court, by rules, regulations or orders of the SEC validly issued pursuant to the Investment Company Act. Specifically, the terms “vote of a majority of the outstanding voting securities,” “interested persons,” “assignment,” and “affiliated persons,” as used herein shall have the meanings assigned to them by Section 2(a) of the Investment Company Act. In addition, where the effect of a requirement of the Investment Company Act reflected in any provision of this Agreement is relaxed by a rule, regulation regulation, interpretation, guidance or order of the SECSEC or its staff, whether of special or of general application, such provision shall be deemed to incorporate the effect of such rule, regulation or order.

Appears in 3 contracts

Sources: Investment Sub Advisory Agreement (First Eagle ETF Trust), Investment Sub Advisory Agreement (First Eagle ETF Trust), Investment Sub Advisory Agreement (RBB Fund Trust)

Interpretation. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the Investment Company Act shall will be resolved by reference to such term or provision of the Investment Company Act and to interpretations thereof, if any, by the United States courts or, in the absence of any controlling decision of any such court, by rules, regulations or orders of the SEC validly issued pursuant to the Investment Company Act. Specifically, the terms “vote of a majority of the outstanding voting securities,” “interested persons,” “assignment,” and “affiliated persons,” as used herein shall will have the meanings assigned to them by Section 2(a) of the Investment Company Act. In addition, where the effect of a requirement of the Investment Company Act reflected in any provision of this Agreement is altered, relaxed or otherwise interpreted by a rule, regulation or order of the SEC, whether of special or of general application, such provision shall will be deemed to incorporate the effect of such rule, regulation or order.

Appears in 2 contracts

Sources: Subadvisory Agreement (Bitwise Funds Trust), Subadvisory Agreement (Bitwise Funds Trust)

Interpretation. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the Investment Company Act shall will be resolved by reference to such term or provision of the Investment Company Act and to interpretations thereof, if any, by the United States courts or, in the absence of any controlling decision of any such court, by rules, regulations or orders of the SEC validly issued pursuant to the Investment Company Act. Specifically, the terms "vote of a majority of the outstanding voting securities,” “" "interested persons,” “" "assignment," and "affiliated persons," as used herein shall will have the meanings assigned to them by Section 2(a) of the Investment Company Act. In addition, where the effect of a requirement of the Investment Company Act reflected in any provision of this Agreement is altered, relaxed or otherwise interpreted by a rule, regulation or order of the SEC, whether of special or of general application, such provision shall will be deemed to incorporate the effect of such rule, regulation or order.

Appears in 1 contract

Sources: Subadvisory Agreement (RBB Fund Trust)