Other Activities, Filings and Communications Sample Clauses

Other Activities, Filings and Communications. (a) Consultant and its Representatives and their respective Affiliates may engage simultaneously with their investment advisory activities on behalf of Client in other businesses of any kind, and may render services similar to those described in this Agreement for other Persons, and shall not by reason of such engagement in other businesses or rendering of services for others be deemed to be acting in conflict with the interests of Client. Client understands and acknowledges that Consultant may recommend Target Vehicle Opportunities to Client that it does not recommend to or purchase for such other Persons. However, Consultant shall not recommend or purchase for such other Persons any Target Vehicle Opportunities listed on Exhibit A using Confidential Information of Client or in coordination with Client, without the written consent of Client. (b) Each Client Party acknowledges and agrees that Consultant and each of the Consultant Parties (including the managers, members, officers, directors, and employees of Consultant or its Affiliates) may have invested in and/or may invest in the Covered Securities and other securities, options, or other derivative instruments related to the Target Vehicle Opportunity. However, any purchases or sales of Covered Securities by any such investor will be made in such a manner as to conform with the code of ethics (if any) governing any such Person and in any event in such a manner as to assure, to the extent practicable, that such purchases or sales do not result in a financial disadvantage to Client and such purchases and sales shall be disclosed to Client. (c) Consultant covenants and agrees that it will not file nor cause to be filed with the Securities and Exchange Commission nor with any regulatory body, nor make any public communication concerning a Target Vehicle Opportunity, the Covered Securities or this Agreement (including the terms of the Agreement) without the express written consent of Saba Capital. (d) Consultant understands and agrees that Saba Capital shall maintain dual control of the Account and the bank account, including that no assets may be acquired therefrom nor disposed therefrom without the express written consent of Saba Capital. (e) Consultant acknowledges and agrees that Consultant shall not be acting as, or have the responsibilities of, a “fiduciary” within the meaning of Section 3(21) of the Employee Retirement Income Security Act of 1974, as amended, with respect to either Client or any priva...