Common use of WHEREAS Clause in Contracts

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 450 contracts

Sources: Distribution Agreement (Valued Advisers Trust), Distribution Agreement (Valued Advisers Trust), Distribution Agreement (Valued Advisers Trust)

WHEREAS. the Trust is registered as an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 417 contracts

Sources: Investment Sub Advisory Agreement (BondBloxx ETF Trust), Investment Sub Advisory Agreement (BondBloxx ETF Trust), Investment Sub Advisory Agreement (BondBloxx ETF Trust)

WHEREAS. the Trust is an open-end management investment company and is registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 355 contracts

Sources: Investment Advisory Agreement (Northern Lights Fund Trust Ii), Investment Advisory Agreement (Northern Lights Fund Trust Ii), Investment Advisory Agreement (Northern Lights Fund Trust Ii)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 345 contracts

Sources: Distribution Agreement (Ultimus Managers Trust), Mutual Fund Services Agreement (Schwartz Investment Trust), Services Agreement (EntrepreneurShares Series Trust)

WHEREAS. the Trust is registered as an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 325 contracts

Sources: Administration Agreement (Allspring Master Trust), Administration Agreement (Allspring Master Trust), Investment Sub Advisory Agreement (Blackstone Alternative Investment Funds)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 302 contracts

Sources: Investment Sub Advisory Agreement (Advisors Series Trust), Investment Advisory Agreement (Advisors Series Trust), Investment Sub Advisory Agreement (ETF Opportunities Trust)

WHEREAS. the Trust is registered as an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 273 contracts

Sources: Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II), Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II), Investment Sub Advisory Agreement (Fidelity Rutland Square Trust II)

WHEREAS. the Trust is registered as an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 265 contracts

Sources: Class Level Administration Agreement (Allspring Funds Trust), Transfer Agent Servicing Agreement (Carillon Series Trust), Class Level Administration Agreement (Allspring Funds Trust)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended 1940 (the "1940 “Investment Company Act"); and

Appears in 234 contracts

Sources: Investment Advisory Agreement (Advisor Managed Portfolios), Investment Advisory Agreement (Professionally Managed Portfolios), Investment Advisory Agreement (FundX Investment Trust)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 181 contracts

Sources: Investment Advisory Agreement (GraniteShares ETF Trust), Investment Advisory Agreement (Horizon Funds), Investment Advisory Agreement (Horizon Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 176 contracts

Sources: Investment Sub Advisory Agreement (Destra Investment Trust), Distribution Agreement (Trust for Professional Managers), Investment Sub Advisory Agreement (First Trust Exchange-Traded Fund)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 147 contracts

Sources: Fund Administration and Accounting Agreement (First Trust Exchange-Traded Fund Viii), Fund Administration and Accounting Agreement (First Trust Exchange-Traded Fund Iv), Fund Administration and Accounting Agreement (First Trust Exchange-Traded Fund Iv)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 136 contracts

Sources: Distribution Agreement (Cutler Trust), Distribution Agreement (Hussman Investment Trust), Distribution Agreement (Hussman Investment Trust)

WHEREAS. the Trust is an open-end end, diversified management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 133 contracts

Sources: Investment Advisory Agreement (Vanguard Quantitative Funds), Investment Advisory Agreement (Vanguard Horizon Funds), Investment Advisory Agreement (Vanguard Horizon Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 122 contracts

Sources: Sub Advisory Agreement (Locorr Investment Trust), Sub Advisory Agreement (Locorr Investment Trust), Sub Advisory Agreement (Locorr Investment Trust)

WHEREAS. the Trust is an open-end end, diversified management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 102 contracts

Sources: Investment Advisory Agreement (Vanguard Windsor Funds), Investment Advisory Agreement (Vanguard Windsor Funds), Investment Advisory Agreement (Vanguard Trustees' Equity Fund)

WHEREAS. the Trust is an open-end management investment company and is registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 94 contracts

Sources: Investment Advisory Agreement (Collaborative Investment Series Trust), Investment Advisory Agreement (Collaborative Investment Series Trust), Investment Advisory Agreement (Northern Lights Fund Trust Ii)

WHEREAS. the Trust is an open-end management investment company which is registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 94 contracts

Sources: Management Services Agreement (Strategy Shares), Management Services Agreement (Strategy Shares), Management Services Agreement (Mutual Fund & Variable Insurance Trust)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 88 contracts

Sources: Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended 1940 (the "1940 Investment Company Act"); and

Appears in 62 contracts

Sources: Investment Advisory Agreement (Professionally Managed Portfolios), Investment Advisory Agreement (Advisors Series Trust), Investment Advisory Agreement (Advisors Series Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 58 contracts

Sources: Shareholder Services Agreement (Brinson Funds Inc), Underwriting Agreement (Midwest Income Trust), Underwriting Agreement (Ameriprime Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act")amended; and

Appears in 58 contracts

Sources: Fund Administration and Accounting Agreement (Invesco QQQ Trust, Series 1), Corporate Services Agreement (DBX Etf Trust), Fund Administration and Accounting Agreement (Third Avenue Trust)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 52 contracts

Sources: Investment Advisory Agreement (Centaur Mutual Funds Trust), Interim Investment Sub Advisory Agreement (Cantor Select Portfolios Trust), Investment Sub Advisory Agreement (Spinnaker ETF Series)

WHEREAS. the Trust is an open-end end, diversified management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 52 contracts

Sources: Investment Advisory Agreement (Vanguard Variable Insurance Funds), Investment Advisory Agreement (Vanguard Windsor Funds), Shareholder Services Agreement (Vanguard Institutional Index Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 51 contracts

Sources: Master Administrative Services Agreement (Short Term Investments Trust), Master Administrative Services Agreement (Aim Equity Funds), Master Administrative Services Agreement (Aim Variable Insurance Funds)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 50 contracts

Sources: Investment Sub Advisory Agreement (Corgi ETF Trust II), Investment Sub Advisory Agreement (Corgi ETF Trust I), Investment Sub Advisory Agreement (Corgi ETF Trust I)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 46 contracts

Sources: Distribution Agreement (Chesapeake Investment Trust), Distribution Agreement (Eubel Brady & Suttman Mutual Fund Trust), Distribution Agreement (Investment House Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 44 contracts

Sources: Management Agreement (Prudential Investment Portfolios 5), Management Agreement (Prudential Investment Portfolios 5), Management Agreement (Pgim Etf Trust)

WHEREAS. the Trust is an a registered open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 40 contracts

Sources: Custody Agreement (Nations Funds Trust), Custodian Agreement (Nations Master Investment Trust), Custody Agreement (Nations Institutional Reserves)

WHEREAS. the Trust is an open-end management investment company which is registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 38 contracts

Sources: Management Services Agreement (Mutual Fund & Variable Insurance Trust), Chief Compliance Officer Services Agreement (DSS Americafirst Quantitative Funds), Management Services Agreement (Ranger Funds Investment Trust)

WHEREAS. the Trust is an open-end management investment company of the series type which is registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 37 contracts

Sources: Fund Accounting, Dividend Disbursing & Transfer Agent, and Administration Agreement (Capital Management Investment Trust), Dividend Disbursing and Transfer Agent Agreement (Merit Advisors Investment Trust Ii), Fund Accounting, Dividend Disbursing & Transfer Agent, and Administration Agreement (Grandview Investment Trust)

WHEREAS. the Trust is an open-end diversified management investment company registered under the Investment Company Act of 1940, as amended amended, (the "1940 Act"); and

Appears in 37 contracts

Sources: Investment Advisory Agreement (Countrywide Strategic Trust), Investment Advisory Agreement (Touchstone Strategic Trust), Investment Advisory Agreement (Touchstone Tax Free Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); andamended;

Appears in 35 contracts

Sources: Administration Agreement (Causeway Capital Management Trust), Administration Agreement (Causeway Capital Management Trust), Custody Agreement, Fund Administration and Accounting Services Agreement, Transfer Agency and Service Agreement (Asset Management Fund)

WHEREAS. the Trust is an open-end diversified management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 33 contracts

Sources: Investment Management Agreement (Schwartz Investment Trust), Investment Management Agreement (Schwartz Investment Trust), Investment Management Agreement (Schwartz Investment Trust)

WHEREAS. the Trust is an open-end management investment company and is registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 28 contracts

Sources: Interim Investment Advisory Agreement (Northern Lights Fund Trust Iii), Investment Advisory Agreement (Northern Lights Fund Trust), Interim Investment Advisory Agreement (Northern Lights Fund Trust)

WHEREAS. the Trust is an a diversified open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 25 contracts

Sources: Administration Agreement (Us Mid Cap Portfolio), Administration Agreement (BBH Broad Market Fixed Income Portfolio), Administration Agreement (U S Small Co Portfolio /New/)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 23 contracts

Sources: Investment Advisory Agreement (ALPS Series Trust), Investment Advisory Agreement (XD Fund Trust), Investment Advisory Agreement (XD Fund Trust)

WHEREAS. the Trust is an open-end management investment company that is registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and;

Appears in 22 contracts

Sources: Fund Accounting and Administration Agreement (Starboard Investment Trust), Fund Accounting and Administration Agreement (Starboard Investment Trust), Fund Accounting and Administration Agreement (Hillman Capital Management Investment Trust)

WHEREAS. the Trust is an open-end end, management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 21 contracts

Sources: Investment Management Agreement (Hatteras Alternative Mutual Funds Trust), Investment Management Agreement (HCIM Trust), Distribution Agreement (JNL Series Trust)

WHEREAS. the Trust is an open-end management investment company and is registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 21 contracts

Sources: Rule 12b 1 Distribution Service Plan and Agreement (First Eagle Funds), Interim Investment Advisory Agreement (Northern Lights Fund Trust Ii), Investment Advisory Agreement (Northern Lights Fund Trust IV)

WHEREAS. the Trust is an open-end end, management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 19 contracts

Sources: Investment Advisory Agreement (Robertson Stephens Investment Trust), Investment Advisory Agreement (Robertson Stephens Investment Trust), Investment Advisory Agreement (Rs Investment Trust)

WHEREAS. the Trust is an a diversified, open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 19 contracts

Sources: Portfolio Manager Agreement (Fulcrum Trust), Investment Management Agreement (Palladian Trust), Portfolio Manager Agreement (Palladian Trust)

WHEREAS. the Trust is an open-end management investment company of the series type which is registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 18 contracts

Sources: Dividend Disbursing and Transfer Agent Agreement (Modern Capital Funds Trust), Dividend Disbursing and Transfer Agent Agreement (Amplify ETF Trust), Dividend Disbursing and Transfer Agent Agreement (Starboard Investment Trust)

WHEREAS. the Trust is an open-end management investment company and is so registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 18 contracts

Sources: Distribution Agreement (Usaa Mutual Funds Trust), Distribution Agreement (Amana Mutual Funds Trust), Distribution Agreement (Saturna Investment Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company 1940 Act of 1940, (as amended (the "1940 Act")defined below) and authorized to issue Shares; and

Appears in 18 contracts

Sources: Transfer Agency Agreement (Palmer Square Funds Trust), Transfer Agency Agreement (BCM Focus Funds), Transfer Agency Agreement (E-Valuator Funds Trust)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and;

Appears in 18 contracts

Sources: Investment Advisory Agreement (Kinetics Mutual Funds Inc), Investment Advisory Agreement (Kinetics Mutual Funds Inc), Investment Advisory Agreement (Kinetics Portfolios Trust)

WHEREAS. the Trust is an open-end investment management investment company registered under the Investment Company Act of 1940, as amended (the "1940 “Investment Company Act"); and

Appears in 17 contracts

Sources: Investment Management Agreement (Reserve Funds /Ny/), Comprehensive Fee Investment Management Agreement (Reserve Funds /Ny/), Investment Management Agreement (Reserve Municipal Money Market Trust)

WHEREAS. the Trust is an opena closed-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 16 contracts

Sources: Investment Management Agreement (Western Asset Inflation-Linked Opportunities & Income Fund), Compliance Consulting Agreement (Peachtree Alternative Strategies Fund), Administration Agreement (Pomona Investment Fund)

WHEREAS. the Trust is an open-end management investment company that is registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 16 contracts

Sources: Fund Accounting and Administration Agreement (Starboard Investment Trust), Fund Accounting and Administration Agreement (Starboard Investment Trust), Fund Accounting and Administration Agreement (Starboard Investment Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 15 contracts

Sources: Investment Sub Advisory Agreement (Victory Portfolios), Investment Sub Advisory Agreement (Victory Variable Insurance Funds), Investment Sub Advisory Agreement (Victory Portfolios)

WHEREAS. the Trust is an opena closed-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 15 contracts

Sources: Investor Support Services and Secondary Market Services Agreement (XAI Madison Equity Premium Income Fund), Investor Support Services and Secondary Market Services Agreement (Thornburg Income Builder Opportunities Trust), Transfer Agency Agreement (Goldman Sachs Credit Income Fund)

WHEREAS. the Trust is an open-end series management investment company company, registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 14 contracts

Sources: Investment Management Agreement (Wm Strategic Asset Management Portfolios), Investment Management Agreement (Wm Variable Trust), Investment Management Agreement (Worldwide Index Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 14 contracts

Sources: Administration Agreement (Century Capital Management Trust), Investment Advisory Agreement (RBC Funds Trust), Investment Advisory Agreement (Tamarack Funds Trust)

WHEREAS. the Trust is an open-end management investment company of the series type which is registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 14 contracts

Sources: Dividend Disbursing and Transfer Agent Agreement (GreenFi Funds Trust), Dividend Disbursing and Transfer Agent Agreement (Volt ETF Trust), Etf Dividend Disbursing and Transfer Agent Agreement (Starboard Investment Trust)

WHEREAS. the Trust is an open-end a management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 14 contracts

Sources: Transfer Agency Agreement (Touchstone Variable Series Trust), Compliance Services Agreement (Touchstone Funds Group Trust), I Compliance Services Agreement (Markman Multifund Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 13 contracts

Sources: Compliance Services Agreement (Hawaiian Tax-Free Trust), Fund Administration and Accounting Agreement (First Trust Exchange-Traded Alphadex Fund Ii), Fund Administration and Accounting Agreement (First Trust Exchange-Traded Fund Iii)

WHEREAS. the Trust is an a diversified, open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 13 contracts

Sources: Management Agreement (Advanced Series Trust), Management Agreement (Prudential Investment Portfolios 12), Management Agreement (Prudential Investment Portfolios 9)

WHEREAS. the Trust is an open-end management investment company and is so registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 13 contracts

Sources: Distribution Agreement (Victory Portfolios IV), Distribution Agreement (Victory Variable Insurance Funds II), Distribution Agreement (Victory Portfolios IV)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); , and

Appears in 12 contracts

Sources: Management Agreement (Buffalo Funds), Management Agreement (Buffalo Funds), Management Agreement (Buffalo Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 12 contracts

Sources: Compliance Services Agreement (Modern Capital Funds Trust), Compliance Services Agreement (USQ Core Real Estate Fund), Service Agreement (Rydex Dynamic Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 12 contracts

Sources: Administration Agreement (Brookfield Investment Funds), Administration Agreement (Brookfield Investment Funds), Administration Agreement (Brookfield Investment Funds)

WHEREAS. the Trust is an opena closed-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 12 contracts

Sources: Administration Agreement (Ing Prime Rate Trust), Administration Agreement (Ing Prime Rate Trust), Administration Agreement (Ing Prime Rate Trust)

WHEREAS. the Trust Trust, is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); andamended;

Appears in 12 contracts

Sources: Investment Advisory Agreement (Cavanal Hill Funds), Custodian Agreement (Cavanal Hill Funds), Shareholder Servicing Agreement (Cavanal Hill Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company 1940 Act of 1940, (as amended (the "1940 Act")defined below) and is authorized to issue Shares; and

Appears in 11 contracts

Sources: Administration and Fund Accounting Agreement (BCM Focus Funds), Administration and Fund Accounting Agreement (Vericimetry Funds), Administration and Fund Accounting Agreement (Destra Investment Trust)

WHEREAS. the Trust is an open-end management investment company company, registered under as such pursuant to the provisions of the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and;

Appears in 11 contracts

Sources: Investment Advisory Agreement (Providian Series Trust), Investment Sub Advisory Agreement (Providian Series Trust), Investment Advisory Agreement (Providian Series Trust)

WHEREAS. the Trust is an opena non-end diversified management investment company and is registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 11 contracts

Sources: Investment Management Agreement (Reserve Tax Exempt Trust), Investment Management Agreement (Reserve Tax Exempt Trust), Investment Management Agreement (Reserve New York Tax Exempt Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "" 1940 Act"); and

Appears in 11 contracts

Sources: Distribution Agreement (Appleton Funds), Custody Agreement (Westport Funds), Investment Advisory Agreement (Financial Investors Trust)

WHEREAS. the Trust is an a diversified open-end investment management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 11 contracts

Sources: Shareholder Servicing Agreement (Fleming Mutual Fund Group Inc), Shareholder Servicing Agreement (Jp Morgan Funds), Shareholder Servicing Agreement (Undiscovered Managers Funds)

WHEREAS. the Trust is an open-end end, diversified management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 10 contracts

Sources: Shareholder Services Agreement (Vanguard CMT Funds), Management and Distribution Agreement (Vanguard CMT Funds), Sub Advisory Agreement (Vanguard Whitehall Funds)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended 1940 (the "1940 Investment Company Act"); and;

Appears in 10 contracts

Sources: Investment Advisory Agreement (Kinetics Portfolios Trust), Investment Advisory Agreement (Kinetics Portfolios Trust), Investment Advisory Agreement (Kinetics Portfolios Trust)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 10 contracts

Sources: Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust)

WHEREAS. the Trust is an open-end series management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 9 contracts

Sources: Investment Management Agreement (Composite Bond & Stock Fund Inc), Investment Management Agreement (Wm Trust Ii), Investment Management Agreement (Composite Bond & Stock Fund Inc)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 9 contracts

Sources: Operating Services Agreement (Direxion Shares ETF Trust), Operating Services Agreement (Direxion Shares ETF Trust), Operating Services Agreement (Direxion Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act")”) and the Funds are series thereof; and

Appears in 9 contracts

Sources: Expense Assumption Agreement (Allspring Funds Trust), Expense Assumption Agreement (Allspring Funds Trust), Expense Assumption Agreement (Allspring Funds Trust)

WHEREAS. the Trust is registered as an open-end end, diversified, management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 9 contracts

Sources: Investment Advisory Agreement (Huntington Funds /Ma/), Investment Advisory Agreement (Monitor Funds), Investment Advisory Agreement (Huntington Funds /Ma/)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 9 contracts

Sources: Investment Sub Advisory Agreement (Truth Social Funds), Investment Sub Advisory Agreement (Truth Social Funds), Investment Sub Advisory Agreement (Truth Social Funds)

WHEREAS. the Trust is an open-end management investment company and is so registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 9 contracts

Sources: Distribution Agreement (Weiss Fund), Distribution Agreement (Weiss Fund), Distribution Agreement (Victory Portfolios)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 8 contracts

Sources: Investment Management Agreement (California Investment Trust), Management Agreement (Franklin Managed Trust), Management Agreement (Franklin Managed Trust)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 8 contracts

Sources: Investment Advisory Agreement (BPV Family of Funds), Investment Sub Advisory Agreement (BPV Family of Funds), Investment Advisory Agreement (GraniteShares ETF Trust)

WHEREAS. the Trust is an open-end management investment company which is registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 8 contracts

Sources: Administrative Services Agreement (Virtus ETF Trust II), Administrative Services Agreement (Hays Series Trust), Administrative Services Agreement (ETFis Series Trust I)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 8 contracts

Sources: Investment Advisory Agreement (RBC Funds Trust), Investment Advisory Agreement (RBC Funds Trust), Investment Advisory Agreement (RBC Funds Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 8 contracts

Sources: Joint Fidelity Bond Agreement (James Advantage Funds), Joint Fidelity Bond Agreement (James Advantage Funds), Joint Fidelity Bond Agreement (James Advantage Funds)

WHEREAS. the Trust is an open-end management investment company which is registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 7 contracts

Sources: Transfer Agent Agreement (CMG Institutional Investors Trust), Transfer Agent Agreement (Cadre Institutional Investors Trust), Transfer Agent Agreement (Alpine Income Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 7 contracts

Sources: Investment Advisory Agreement (Ubs Investor Portfolios Tr), Investment Advisory Agreement (Ubs Investor Portfolios Tr), Investment Advisory Agreement (Ubs Investor Portfolios Tr)

WHEREAS. the Trust is an opena closed-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 7 contracts

Sources: Master Administrative Services Agreement (Aim Floating Rate Fund), Master Administrative Services Agreement (Aim Floating Rate Fund), Administrative Services Agreement (Aim Select Real Estate Income Fund)

WHEREAS. the Trust is an open-end management investment company and is so registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 7 contracts

Sources: Subadvisory Agreement (U S Global Accolade Funds), Interim Subadvisory Agreement (U S Global Accolade Funds), Subadvisory Agreement (U S Global Accolade Funds)

WHEREAS. the Trust is an a registered open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 7 contracts

Sources: Custody Agreement (Morgan Grenfell Investment Trust), Administrative Services Agreement (E Trade Funds), Administrative Services Agreement (E Trade Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Investment Company Act"); and

Appears in 7 contracts

Sources: Investment Advisory Agreement (Ubs Relationship Funds), Investment Advisory Agreement (Brinson Relationship Funds), Investment Advisory Agreement (Brinson Relationship Funds)

WHEREAS. the Trust is an a diversified, open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 7 contracts

Sources: Management Agreement (Strategic Partners Asset Allocation Funds), Management Agreement (Prudential Diversified Funds), Management Agreement (Prudential Institutional Fund)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 the"1940 Act"); and

Appears in 7 contracts

Sources: Custody Agreement (Ips Funds), Custody Agreement (1 800 Mutuals Advisor Series), Custody Agreement (CCM Advisors Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 7 contracts

Sources: Fee and Expense Agreement (Allspring Variable Trust), Fee and Expense Agreement (Allspring Variable Trust), Fee and Expense Agreement (Allspring VARIABLE TRUST)

WHEREAS. the Trust is an open-end end, management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 7 contracts

Sources: Distribution Agreement (JNL Investors Series Trust), Distribution Agreement (JNL Investors Series Trust), Distribution Agreement (JNL Investors Series Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 19401940 Act, as amended (the "1940 Act"); anddefined below, and is authorized to issue Shares;

Appears in 7 contracts

Sources: Distribution Agreement (Investment Managers Series Trust), Distribution Agreement (BCM Focus Funds), Distribution Agreement (E-Valuator Funds Trust)

WHEREAS. the Trust is an open-end end, management investment company and is so registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 6 contracts

Sources: Distribution Agreement (Excelsior Funds), Distribution Agreement (Excelsior Institutional Trust), Distribution Contract (Excelsior Funds)

WHEREAS. the Trust is an open-end end, management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and.

Appears in 6 contracts

Sources: Distribution Agreement (JNL Series Trust), Distribution Agreement (JNL Series Trust), Distribution Agreement (JNL Series Trust)

WHEREAS. the Trust is an open-end management investment company registered with the SEC under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 6 contracts

Sources: Underwriting Agreement (Forethought Variable Insurance Trust), Underwriting Agreement (Forethought Variable Insurance Trust), Underwriting Agreement (Forethought Variable Insurance Trust)

WHEREAS. the Trust Trust, is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 6 contracts

Sources: Investment Sub Advisory Agreement (Series Portfolios Trust), Investment Sub Advisory Agreement (Series Portfolios Trust), Investment Sub Advisory Agreement (Series Portfolios Trust)

WHEREAS. the Trust is an open-end management investment company and is so registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 6 contracts

Sources: Sub Advisory Agreement (United Services Advisors Inc /Tx/), Sub Advisory Agreement (Accolade Funds), Sub Advisory Agreement (United Services Advisors Inc /Tx/)

WHEREAS. the Trust is an open-end management a registered investment company registered under the Investment Company Act of 1940, as amended amended, (the "1940 Act"); and;

Appears in 6 contracts

Sources: Fund Risk Management and Oversight Agreement (Advisers Investment Trust), Fund Risk Management and Oversight Services Agreement (Advisers Investment Trust), Fund Risk Management and Oversight Services Agreement (Advisers Investment Trust)