Common use of RIGHTS TO NAME Clause in Contracts

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Guardian” (the “Xxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the Xxxx. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entity, including marks or symbols containing the Xxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicable. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 3 contracts

Samples: Capitol Series Trust (Capitol Series Trust), Capitol Series Trust (Capitol Series Trust), Agreement (Capitol Series Trust)

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RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to the Trust or any Fund whose name includes the term “Guardian” "Xxxxx Xxxxxxxx" (the "Xxxx") or, or if the Adviser requests in writing, the Trust shall take prompt action to change the name of the Trust or any such Fund to a name that does not include the Xxxx. The Adviser may from time to time make available, available without charge, charge to the Trust for the Trust's use by a Fund other any marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”)appropriate. Upon the Adviser’s written request's request in writing, the Trust shall cease to use any Xxxx such xxxx or Other Markssymbol at any time. The Trust acknowledges that any rights in or to the Xxxx and Other Marks any such marks or symbols which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks Xxxx in their names without the consent of the Trust. The Trust shall not use the Xxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent permission of the Adviser.

Appears in 2 contracts

Samples: Forum Funds Investment Advisory Agreement (Forum Funds), Forum Funds Investment Advisory Agreement (Forum Funds)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “GuardianXxxxxx & Xxxxxx” (the “XxxxMark”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the XxxxMark. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx Mark or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx Mark or Other Marks. The Trust acknowledges that any rights in the Xxxx Mark and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx Mark or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 2 contracts

Samples: Capitol Series Trust (Capitol Series Trust), Capitol Series Trust (Capitol Series Trust)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “GuardianAlta” (the “Xxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the Xxxx. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Capitol Series Trust (Capitol Series Trust)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any the Fund whose name includes the term “GuardianFSI” (the “XxxxMxxx”) or, if the Adviser requests in writing, the Trust Fund shall take prompt action to change the name of any the Fund to a name that does not include the XxxxMxxx. The Adviser may from time to time make available, without charge, for use by a the Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx Mxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust Fund shall cease to use any Xxxx Mxxx or Other Marks. The Trust Fund acknowledges that any rights in the Xxxx Mxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the TrustFund. The Trust Fund shall not use the Xxxx Mxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Investment Advisory Agreement (FSI Low Beta Absolute Return Fund)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “GuardianCanterbury” (the “Xxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the Xxxx. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Capitol Series Trust (Capitol Series Trust)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “GuardianCornerstone” (the “XxxxMxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the XxxxMxxx. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx Mxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx Mxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx Mxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx Mxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Capitol Series Trust (Capitol Series Trust)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term terms GuardianXxxx Street” or “Fairlead” (the “Xxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the Xxxx. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Capitol Series Trust (Capitol Series Trust)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund the Fund, each of whose name includes the term “GuardianForum” (the “XxxxMxxx”) or, if the Adviser requests in writing, the Trust Fund shall take prompt action to change the name of any the Fund to a name that does not include the XxxxMxxx or any variation thereof. The In its sole discretion, the Adviser may from time to time make available, without charge, for use by a the Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx Mxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust Fund shall cease to use any Xxxx Mxxx or Other Marks. The Trust Fund acknowledges that any rights in the Xxxx Mxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of or notice to the TrustFund. The Trust Fund shall not use the Xxxx Mxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Investment Management Agreement (Forum CRE Income Fund)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “GuardianOak Harvest” (the “XxxxMark”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the XxxxMark. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx Mark or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx Mark or Other Marks. The Trust acknowledges that any rights in the Xxxx Mark and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx Mark or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Capitol Series Trust (Capitol Series Trust)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser Investment Adviser to the Trust or any Fund whose name includes the term “Guardian” "BrownIA" (the “Xxxx”"Mark") or, or if the Adviser requests in writing, the Trust shall take prompt taxx xrompt action to change the name of the Trust or any such Fund to a name that does not include the XxxxMark. The Adviser may from time to time make available, available without charge, cxxxxe to the Trust for the Trust's use by a Fund other any marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx Mark or any variation thereof, as the Adviser deems appropriate (“Other Marks”)appropriate. Upon Xxxn the Adviser’s written request's request in writing, the Trust shall cease to use any Xxxx such mark or Other Markssymbol at any time. The Trust acknowledges that any rights in righxx xn or to the Xxxx Mark and Other Marks which any such marks or symbols that may exist on the date of this xxxs Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks Mark in their names without the consent of the Trust. The Trust shall xxxxl not use the Xxxx or Other Marks Mark in conducting any business other than that of an investment company xxxpany registered under the 1940 Act without the consent permission of the Adviser.

Appears in 1 contract

Samples: Investment Advisory Agreement (Forum Funds)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “GuardianFirst Security” (the “Xxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the Xxxx. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Capitol Series Trust (Capitol Series Trust)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “GuardianClockwise” (the “Xxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the Xxxx. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Capitol Series Trust (Capitol Series Trust)

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RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “GuardianFxxxxx & Txxxxx” (the “XxxxMxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the XxxxMxxx. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx Mxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx Mxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx Mxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx Mxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Capitol Series Trust (Capitol Series Trust)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “GuardianPreserver” (the “Xxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the Xxxx. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Capitol Series Trust (Capitol Series Trust)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “GuardianHedeker” (the “Xxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the Xxxx. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Capitol Series Trust (Capitol Series Trust)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “Guardian” (the “XxxxMxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the XxxxMxxx. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx Mxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx Mxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx Mxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx Mxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Capitol Series Trust (Capitol Series Trust)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “GuardianXxxxxxxx, XxXxxxx” (the “Xxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the Xxxx. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Capitol Series Trust (Capitol Series Trust)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term “GuardianMeritage” (the “Xxxx”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the Xxxx. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx or Other Marks. The Trust acknowledges that any rights in the Xxxx and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Capitol Series Trust (Capitol Series Trust)

RIGHTS TO NAME. (a) If the Adviser ceases to act as investment adviser to any Fund whose name includes the term terms GuardianHull Tactical” (the “XxxxMark”) or, if the Adviser requests in writing, the Trust shall take prompt action to change the name of any Fund to a name that does not include the XxxxMark. The Adviser may from time to time make available, without charge, for use by a Fund other marks or symbols owned by the Adviser or its parent entityAdviser, including marks or symbols containing the Xxxx Mark or any variation thereof, as the Adviser deems appropriate (“Other Marks”). Upon the Adviser’s written request, the Trust shall cease to use any Xxxx Mark or Other Marks. The Trust acknowledges that any rights in the Xxxx Mark and Other Marks which may exist on the date of this Agreement or arise hereafter are, and under any and all circumstances shall continue to be, the sole property of the Adviser or its parent entity, as applicableAdviser. The Adviser may permit other parties, including other investment companies, to use the Marks and Other Marks without the consent of the Trust. The Trust shall not use the Xxxx Mark or Other Marks in conducting any business other than that of an investment company registered under the 1940 Act without the consent of the Adviser.

Appears in 1 contract

Samples: Capitol Series Trust (Capitol Series Trust)

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