Common use of No Material Pending Actions Clause in Contracts

No Material Pending Actions. To the best of its knowledge, there are no material pending, threatened, or contemplated actions, suits, proceedings, or investigations before or by any court, governmental, administrative, or self-regulatory body, board of trade, exchange, or arbitration panel to which it or any of its directors, officers, employees, partners, shareholders, members or principals, or any of its affiliates, is a party or to which it or its affiliates or any of its or its affiliates’ assets are subject, nor has it or any of its affiliates received any notice of an investigation, inquiry, or dispute by any court, governmental, administrative, or self-regulatory body, board of trade, exchange, or arbitration panel regarding any of its or their respective activities which, if adversely determined, would result in a material adverse effect on the Fund, a material adverse change in the Adviser’s financial or business prospects or which, if adversely determined, would materially impair the Adviser’s ability to discharge its obligations under this Agreement or the Advisory Agreement with the Trust.

No Material Pending Actions. To the best of its knowledge, there are no material pending, threatened, or contemplated actions, suits, proceedings, or investigations before or by any court, governmental, administrative, administrative or self-regulatory body, board of trade, exchange, or arbitration panel to which it or any of its directors, officers, employees, partners, shareholders, members or principals, or any of its affiliates, affiliates is a party or to which it or its affiliates or any of its or its affiliates’ assets are subject, nor has it or any of its affiliates received any notice of an investigation, inquiry, or dispute by any court, governmental, administrative, or self-regulatory body, board of trade, exchange, or arbitration panel regarding any of its or their respective activities which, if adversely determined, would result in a material adverse effect on the Fund, a material adverse change in the Sub-Adviser’s financial or business prospects prospects, or which, if adversely determined, would materially impair the Sub-Adviser’s ability to discharge its obligations under this Agreement or the Advisory Agreement with the TrustAgreement.

No Material Pending Actions. To the best of its knowledge, there are no material pending, threatened, or contemplated actions, suits, proceedings, or investigations before or by any court, governmental, administrative, administrative or self-regulatory body, board of trade, exchange, or arbitration panel to which it or any of its directors, officers, employees, partners, shareholders, members or principals, or any of its affiliates, affiliates is a party or to which it or its affiliates or any of its or its affiliates’ assets are subject, nor has it or any of its affiliates received any notice of an investigation, inquiry, or dispute by any court, governmental, administrative, or self-regulatory body, board of trade, exchange, or arbitration panel regarding any of its or their respective activities which, if adversely determined, would result in a material adverse effect on the Fund, a material adverse change in the Sub-Adviser’s financial or business prospects prospects, or which, if adversely determined, would materially impair the Sub-Adviser’s ability to discharge its obligations under this Agreement or the Advisory Agreement with the Trust.Agreement. Exhibit d.23