Other Regulatory Matters. (a) The Investment Adviser represents and warrants that (1) it and each Fund is and will remain (a) an “eligible contract participant” under 7 U.S.C. Section 1A, as amended, and 17 CFR Section 1.3(m), (b) a “qualified eligible person” under CFTC Rule 4.7 and (c) each applicable Fund consents to being treated as an exempt account under CFTC Rule 4.7(c); (2) that it is registered with the CFTC as a commodity pool operator and is a member of the NFA, where applicable, or it is not required to be registered with the CFTC or to be a member of the NFA; (3) that it will provide Subadviser reasonable advance notification (in no event less than 30 days) of any decision to (a) alter its operation of any Fund for which the Investment Advisers has claimed an exclusion or exemption from registration as a commodity pool operator on behalf of a Fund, to then register and operate as a commodity pool operator on behalf of the Fund, or (b) if the Investment Adviser is registered as a commodity pool operator on behalf of the Fund, operate such Fund under an exclusion or exemption from registration with the CFTC.
Appears in 4 contracts
Samples: Subadvisory Agreement (PACIFIC FUNDS SERIES TRUST (Formerly Called PACIFIC LIFE FUNDS)), Subadvisory Agreement (Pacific Select Fund), Subadvisory Agreement (Pacific Select Fund)
