Common use of Use of Names and Track Record Clause in Contracts

Use of Names and Track Record. a. For so long as the Fund remains in existence, the Adviser and the Fund shall have a royalty-free license to use the names “Aurora”, “Aurora Investment Management” or any combination or derivation thereof. The Sub-adviser acknowledges and agrees that the Adviser, the Fund and the Fund’s selling agents will use such names in marketing the Fund to current and prospective investors. The Adviser and the Fund shall cease to use the name “Aurora Investment Management” in any newly printed materials promptly upon termination of this Agreement with respect to the Fund, and the Fund shall promptly amend, and, if necessary, file such amendment to, any applicable organizational document, changing its name so that the name “Aurora” is not included in the name of the Fund. During the term of this Agreement, the Sub-adviser shall have the right to review all sales and other marketing materials for the Fund utilizing “Aurora”, “Aurora Investment Management” and any combination or derivation thereof, provided however that if the Sub-adviser fails to comment in writing (including via e-mail) by the end of the third business day after delivery of such materials that require Sub-adviser approval, the Sub-adviser will be deemed to have granted consent on the end of the third business day following delivery of such materials to the Sub-adviser for approval, provided further that repeated consent by the Sub-adviser shall not be required for repeated use of “Aurora”, “Aurora Investment Management” and any combination or derivation thereof in substantially the same format and in substantially the same context as has previously been approved by the Sub-adviser.

Appears in 2 contracts

Samples: Sub Advisory Agreement (ASGI Aurora Opportunities Fund, LLC), Sub Advisory Agreement (ASGI Aurora Opportunities Fund, LLC)

AutoNDA by SimpleDocs

Use of Names and Track Record. a. For so long as the Fund remains in existence, the Adviser and the The Fund shall have a royalty-free license to use the names “AuroraAgility,” “Xxxxxxx Xxxxxxxx Partners” and “Xxxxxxx Xxxxxxxx Partners Capital Management LP, “Aurora Investment Management” or any combination or derivation thereof. The Sub-adviser acknowledges and agrees that the Adviser, the Fund and the Fund’s selling agents will may, upon receiving written approval of the Adviser, use such names in marketing materials and templates used to market the Fund to current and prospective investors; provided, however, that if during the term of this Agreement, the Adviser fails to comment in writing (including via e-mail) by the end of the third business day after delivery of such materials that require Adviser approval, the Adviser will be deemed to have granted consent on the end of the third business day following delivery of such materials to Adviser for approval. The Adviser Fund and the Fund its agents shall cease to use the name names Aurora Investment ManagementAgility,“Xxxxxxx Xxxxxxxx Partners” and “Xxxxxxx Xxxxxxxx Partners Capital Management LP” or any combination or derivation thereof in any existing or newly printed materials promptly upon termination of this Agreement with respect to the Fund. The Fund and its agents shall cease to use the names “Agility,” Xxxxxxx Xxxxxxxx Partners” and “Xxxxxxx Xxxxxxxx Partners Capital Management LP” and any combinations or derivations thereof if: (i) the Agreement is terminated; or (ii) the Fund has material regulatory or legal issues, which, in the reasonable opinion of the Adviser, adversely affect the reputation of the Adviser, any of its affiliates, or any of the funds managed by the Adviser, especially those under the Agility brand. In each event, after discussion with the Board of the Fund and if requested by the Adviser, the Fund shall promptly amend, and, if necessary, file such amendment to, any applicable organizational document, changing its name so that the name “AuroraAgilityor any combination or derivation thereof is not included in the name of the Fund. During the term of this Agreement, the Sub-adviser shall have the right to review all sales and other marketing materials for the Fund utilizing “Aurora”, “Aurora Investment Management” and any combination or derivation thereof, provided however that if the Sub-adviser fails to comment in writing (including via e-mail) otherwise used by the end of the third business day after delivery of such materials that require Sub-adviser approval, the Sub-adviser will be deemed to have granted consent on the end of the third business day following delivery of such materials to the Sub-adviser for approval, provided further that repeated consent by the Sub-adviser shall not be required for repeated use of “Aurora”, “Aurora Investment Management” and any combination or derivation thereof in substantially the same format and in substantially the same context as has previously been approved by the Sub-adviserFund.

Appears in 2 contracts

Samples: Advisory Agreement (GAI Agility Income Fund), Advisory Agreement (GAI Agility Income Fund)

Use of Names and Track Record. a. For so long as the Fund remains in existence, the The Adviser and the Fund shall have a royalty-free license to use the names “Aurora”"Agility", “Aurora Investment Management” or any combination or derivation thereof"Xxxxxxx Xxxxxxxx Partners" and "Xxxxxxx Xxxxxxxx Partners Capital Management LP". The Sub-adviser acknowledges and agrees that the Adviser, the Fund and the Fund’s 's selling agents will may, upon receiving written approval of the Sub-adviser, use such names in marketing materials and templates used to market the Fund to current and prospective investors. The Adviser and the Fund shall cease to use the name “Aurora Investment Management” in any newly printed materials promptly upon termination of this Agreement with respect to the Fund; provided, and the Fund shall promptly amendhowever, and, that if necessary, file such amendment to, any applicable organizational document, changing its name so that the name “Aurora” is not included in the name of the Fund. During during the term of this Agreement, the Sub-adviser shall have the right to review all sales and other marketing materials for the Fund utilizing “Aurora”, “Aurora Investment Management” and any combination or derivation thereof, provided however that if the Sub-adviser fails to comment in writing (including via e-mail) by the end of the third business day after delivery of such materials that require Sub-adviser approval, the Sub-adviser will be deemed to have granted consent on the end of the third business day following delivery of such materials to the Sub-adviser for approval. The Adviser, provided further that repeated consent by the Sub-adviser Fund and their agents shall not be required for repeated cease to use of “Aurora”, “Aurora Investment Management” the names "Xxxxxxx Xxxxxxxx Partners" and "Xxxxxxx Xxxxxxxx Partners Capital Management LP" or any combination or derivation thereof in substantially any existing or newly printed materials promptly upon termination of this Agreement with respect to the same format Fund. The Adviser, the Fund and their agents shall cease to use the name "Agility" and any combinations or derivations thereof if either the Adviser or the Fund have material regulatory or legal issues, which, in substantially the same context as has previously been approved reasonable opinion of the Sub-adviser, adversely affect the reputation of the Sub-adviser, any of its affiliates, or any of the funds managed by the Sub-adviser, especially those under the Agility brand. In such event, after discussion with the Adviser and/or the Board of the Fund, as applicable, and if requested by the Sub-adviser, the Fund shall promptly amend, and, if necessary, file such amendment to, any applicable organizational document, changing its name so that the name "Agility" or any combination or derivation thereof is not included in the name of the Fund or otherwise used by the Fund and the Adviser.

Appears in 1 contract

Samples: Sub Advisory Agreement (ASGI Agility Income Fund)

AutoNDA by SimpleDocs

Use of Names and Track Record. a. For so long as the Fund remains in existence, the Adviser and the The Fund shall have a royalty-free license to use the names “AuroraAgility,” “Pxxxxxx Xxxxxxxx Partners” and “Pxxxxxx Xxxxxxxx Partners Capital Management LP, “Aurora Investment Management” or any combination or derivation thereof. The Sub-adviser acknowledges and agrees that the Adviser, the Fund and the Fund’s selling agents will may, upon receiving written approval of the Adviser, use such names in marketing materials and templates used to market the Fund to current and prospective investors; provided, however, that if during the term of this Agreement, the Adviser fails to comment in writing (including via e-mail) by the end of the third business day after delivery of such materials that require Adviser approval, the Adviser will be deemed to have granted consent on the end of the third business day following delivery of such materials to Adviser for approval. The Adviser Fund and the Fund its agents shall cease to use the name names Aurora Investment ManagementAgility,“Pxxxxxx Xxxxxxxx Partners” and “Pxxxxxx Xxxxxxxx Partners Capital Management LP” or any combination or derivation thereof in any existing or newly printed materials or otherwise promptly upon termination of this Agreement with respect to the FundFund or if the Fund has material regulatory or legal issues, which, in the reasonable opinion of the Adviser, adversely affect the reputation of the Adviser, any of its affiliates, or any of the funds managed by the Adviser, especially those under the Agility brand. In each event, after discussion with the Board of the Fund and if requested by the Adviser, the Fund shall promptly amend, and, if necessary, file such amendment to, any applicable organizational document, changing its name so that the name “AuroraAgilityor any combination or derivation thereof is not included in the name of the Fund. During the term of this Agreement, the Sub-adviser shall have the right to review all sales and other marketing materials for the Fund utilizing “Aurora”, “Aurora Investment Management” and any combination or derivation thereof, provided however that if the Sub-adviser fails to comment in writing (including via e-mail) otherwise used by the end of the third business day after delivery of such materials that require Sub-adviser approval, the Sub-adviser will be deemed to have granted consent on the end of the third business day following delivery of such materials to the Sub-adviser for approval, provided further that repeated consent by the Sub-adviser shall not be required for repeated use of “Aurora”, “Aurora Investment Management” and any combination or derivation thereof in substantially the same format and in substantially the same context as has previously been approved by the Sub-adviserFund.

Appears in 1 contract

Samples: Advisory Agreement (Agility Multi-Asset Income Fund)

Time is Money Join Law Insider Premium to draft better contracts faster.