Common use of WHEREAS Clause in Contracts

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 499 contracts

Sources: Investment Sub Advisory Agreement (RBB Fund Trust), Sub Advisory Agreement (ALPS Series Trust), Investment Sub Advisory Agreement (First Eagle ETF Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 491 contracts

Sources: Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Axa Premier Vip Trust)

WHEREAS. the Adviser is and the Sub-Adviser are each registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 389 contracts

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

WHEREAS. the Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended, and any applicable state securities laws; and

Appears in 364 contracts

Sources: Participation Agreement (Tiaa Separate Account Va-3), Participation Agreement (SBL Variable Annuity Account Xiv), Fund Participation Agreement (Variable Annuity I Ser Acc of GRT West Li & Annu Ins Co of Ny)

WHEREAS. the Adviser is or soon will be registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 348 contracts

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

WHEREAS. the Adviser is and the Sub-Adviser are each registered as an investment adviser under the Investment Advisers Act of 1940, as amended ("Advisers Act");

Appears in 267 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 Adviser Manager is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 250 contracts

Sources: Investment Sub Advisory Agreement (Eq Advisors Trust), Investment Sub Advisory Agreement (Eq Advisors Trust), Investment Sub Advisory Agreement (Eq Advisors Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 (the “Advisers Act”);; and

Appears in 185 contracts

Sources: Investment Advisory Agreement (Silver Point Specialty Lending Fund), Investment Sub Advisory Agreement (Series Portfolios Trust), Investment Sub Advisory Agreement (RBB Fund Trust)

WHEREAS. the Investment Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 174 contracts

Sources: Investment Advisory Agreement (Cyber Hornet Trust), Investment Advisory Agreement (Cyber Hornet Trust), Investment Advisory Agreement (Cyber Hornet Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);

Appears in 171 contracts

Sources: Investment Sub Advisory Agreement (JNL Series Trust), Investment Advisory Management Agreement (Pennantpark Investment Corp), Subadvisory Agreement (Bitwise Funds Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 144 contracts

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

WHEREAS. the Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended; and

Appears in 141 contracts

Sources: Fund Participation Agreement (Northwestern Mutual Variable Life Account II), Fund Participation Agreement (Massachusetts Mutual Variable Life Separate Account I), Participation Agreement (SEPARATE ACCOUNT EQ OF VENERABLE INSURANCE & ANNUITY Co)

WHEREAS. the Adviser is registered with the Commission as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act");

Appears in 137 contracts

Sources: Investment Sub Advisory Agreement (Neiman Funds), Investment Sub Advisory Agreement (Neiman Funds), Investment Sub Advisory Agreement (Neiman Funds)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended ("Advisers Act");

Appears in 125 contracts

Sources: Investment Advisory Agreement (Integrity Funds), Investment Sub Advisory Agreement (JNL Series Trust), Investment Sub Advisory Agreement (Jackson Variable Series Trust)

WHEREAS. the Adviser is duly registered as an investment adviser under the federal Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 99 contracts

Sources: Participation Agreement (Lincoln Benefit Life Variable Life Account), Participation Agreement (PHL Variable Accumulation Account), Participation Agreement (Lincoln Benefit Life Variable Life Account)

WHEREAS. the Adviser is registered has been appointed as an investment adviser under to the Investment Advisers Fund in accordance with the 1940 Act of 1940, as amended (“and the Advisers Act”);; and

Appears in 82 contracts

Sources: Sub Advisory Agreement (Ohio National Fund Inc), Sub Advisory Agreement (Ohio National Fund Inc), Sub Advisory Agreement (Ohio National Fund Inc)

WHEREAS. the Adviser is and Sub-Adviser are registered as an investment adviser advisers under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 81 contracts

Sources: Sub Advisory Agreement (Allspring Master Trust), Sub Advisory Agreement (Allspring Funds Trust), Sub Advisory Agreement (Allspring Master Trust)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 74 contracts

Sources: Investment Advisory Agreement (Saratoga Advantage Trust), Investment Advisory Agreement (Saratoga Advantage Trust), Investment Sub Advisory Agreement (James Alpha Funds Trust)

WHEREAS. the Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended, and any applicable state securities laws;

Appears in 68 contracts

Sources: Fund Participation Agreement (Protective NY COLI VUL), Fund Participation Agreement (Protective COLI VUL), Fund Participation Agreement (Prudential Variable Contract Account Gi-2)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 61 contracts

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

WHEREAS. the Adviser is and the Sub-Adviser are registered as an investment adviser advisers under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 60 contracts

Sources: Sub Advisory Agreement (Allspring Funds Trust), Sub Advisory Agreement (Allspring Funds Trust), Sub Advisory Agreement (Allspring Funds Trust)

WHEREAS. the each Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended, and any applicable state securities laws; and

Appears in 56 contracts

Sources: Participation Agreement (AuguStar Variable Account R), Participation Agreement (AuguStar Variable Account R), Participation Agreement (Lincoln Benefit Life Variable Life Account)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 (the “Advisers Act”);

Appears in 55 contracts

Sources: Investment Advisory Agreement (Silver Point Private Credit Fund), Investment Sub Advisory Agreement (Truth Social Funds), Sub Advisory Agreement (Capital-Force Etf Trust)

WHEREAS. the Adviser is registered as an investment adviser that is registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 52 contracts

Sources: Investment Advisory Agreement (Blue Owl Digital Infrastructure Trust), Investment Advisory Agreement (Blue Owl Digital Infrastructure Trust), Investment Advisory Agreement (Investcorp US Private Credit BDC II)

WHEREAS. the Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);1940 and any applicable state securities law; and

Appears in 47 contracts

Sources: Fund Participation Agreement (USL Separate Account RS), Participation Agreement (Protective NY COLI VUL), Participation Agreement (Protective COLI VUL)

WHEREAS. the Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended, and any applicable state securities laws, as an investment adviser;

Appears in 45 contracts

Sources: Distribution Agreement (Aha Investment Funds Inc), Distribution Agreement (Brandywine Blue Fund Inc), Prospect Servicing Agreement (Alpine Equity Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);and engages in the business of asset management; and

Appears in 42 contracts

Sources: Sub Advisory Agreement (Timothy Plan), Sub Advisory Agreement (Timothy Plan), Sub Advisory Agreement (Timothy Plan)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended;

Appears in 41 contracts

Sources: Investment Management Agreement (Hamilton Lane Credit Income Fund), Investment Management Agreement (Global X Venture Fund), Management Agreement (CION Grosvenor Infrastructure Fund)

WHEREAS. the Adviser Advisor is registered as an investment adviser advisor under the Investment Advisers Act of 1940, as amended (“Advisers Act”);and engages in the business of asset management; and

Appears in 37 contracts

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

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 36 contracts

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

WHEREAS. the Adviser is registered as an investment adviser with the Commission under the Investment Advisers Act of 1940, as amended (the "Advisers Act”)") as an investment adviser;

Appears in 33 contracts

Sources: Sub Advisory Agreement (Nations Annuity Trust), Sub Advisory Agreement (Nations Annuity Trust), Investment Advisory Agreement (Nations Separate Account Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the Investment Advisers Act”);

Appears in 33 contracts

Sources: Merger Agreement (GOLUB CAPITAL BDC, Inc.), Merger Agreement (Golub Capital BDC 3, Inc.), Investment Advisory Agreement (Golub Capital Private Income Fund S)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 ("Advisers Act");; and

Appears in 31 contracts

Sources: Investment Advisory Agreement (Steward Funds, Inc.), Fund Management Agreement (Pacific Funds), Portfolio Management Agreement (Pacific Select Fund)

WHEREAS. the Adviser is registered as an investment adviser with the Commission under the Investment Advisers Act of 1940, as amended (the "Advisers Act”);") as an investment adviser; and

Appears in 31 contracts

Sources: Investment Advisory Agreement (Nations Institutional Reserves), Sub Advisory Agreement (Nations Institutional Reserves), Investment Advisory Agreement (Nations Fund Trust)

WHEREAS. the Adviser is Advisers are duly registered as an investment adviser advisers under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended, and any applicable state securities laws;

Appears in 29 contracts

Sources: Fund Participation Agreement (Horace Mann Life Insurance Co Separate Account), Fund Participation Agreement (Delaware Life Variable Account F), Fund Participation and Service Agreement (Horace Mann Life Insurance Co Separate Account)

WHEREAS. the Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended;

Appears in 29 contracts

Sources: Participation Agreement (Guardian Variable Products Trust), Participation Agreement (Guardian Variable Products Trust), Participation Agreement (Lincoln Life Flexible Premium Variable Life Account S)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 27 contracts

Sources: Sub Advisory Agreement (Privacore VPC Asset Backed Credit Fund), Investment Advisory Agreement (Carillon Series Trust), Investment Sub Advisory Agreement (2nd Vote Funds)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended, and engages in the business of acting as an investment adviser; and

Appears in 27 contracts

Sources: Investment Advisory Agreement (Guinness Atkinson Funds), Investment Advisory Agreement (Guinness Atkinson Funds), Fee Waiver Agreement (Guinness Atkinson Funds)

WHEREAS. the Adviser is registered as an investment adviser that has registered under the Investment Advisers Act of 1940, as amended 1940 (the “Advisers Act”);; and

Appears in 27 contracts

Sources: Investment Advisory Management Agreement (MidCap Financial Investment Corp), Investment Advisory Management Agreement (Apollo Origination II (L) Capital Trust), Investment Advisory Management Agreement (Apollo Origination II (UL) Capital Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 26 contracts

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

WHEREAS. the Adviser is registered as an investment adviser that is registered under the Investment Advisers Act of 1940, as amended 1940 (the “Advisers Act”);; and

Appears in 25 contracts

Sources: Investment Advisory Agreement (Owl Rock Technology Finance Corp. II), Investment Advisory Agreement (Owl Rock Technology Finance Corp. II), Investment Advisory Agreement (Opportunistic Credit Interval Fund)

WHEREAS. the Adviser is duly registered as an investment adviser under pursuant to the Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 22 contracts

Sources: Participation Agreement (Lincoln Life & Annuity Flexible Premium Variable Life Account M), Participation Agreement (Lincoln Life Flexible Premium Variable Life Account M), Participation Agreement (Pacific Select Exec Separate Acct Pacific Life Ins)

WHEREAS. the each Adviser is duly registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended; and

Appears in 22 contracts

Sources: Fund Participation Agreement (Prudential Annuities Life Assurance Corp Variable Account B), Fund Participation Agreement (Prudential Variable Appreciable Account), Fund Participation Agreement (Prudential Variable Contract Account Gi-2)

WHEREAS. the Investment Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended ("Advisers Act");

Appears in 22 contracts

Sources: Sub Advisory Agreement (WisdomTree Trust), Portfolio Management Agreement (Pacific Select Fund), Investment Sub Advisory Agreement (SRH Total Return Fund, Inc.)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, and will serve as amended (“Advisers Act”)the investment adviser of the Fund;

Appears in 22 contracts

Sources: Advisory Fee Waiver Agreement (Aberdeen Funds), Expense Limitation and Reimbursement Agreement (Alpine Income Trust), Expense Limitation and Reimbursement Agreement (Alpine Income Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, and engages in the business of acting as amended (“Advisers Act”);investment adviser; and

Appears in 21 contracts

Sources: Investment Advisory Agreement (Morgan Stanley Insight Fund), Investment Advisory Agreement (Morgan Stanley Tax Free Daily Income Trust), Investment Advisory Agreement (Active Assets Prime Trust)

WHEREAS. the Investment Adviser is registered as an investment adviser registered as such under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 20 contracts

Sources: Investment Advisory Agreement (NB Asset-Based Credit Fund), Investment Advisory Agreement (NB Asset-Based Credit Fund), Investment Advisory Agreement (NB Crossroads Private Markets Fund VII Holdings LP)

WHEREAS. the Adviser is registered as an investment adviser that is registered under the Investment Advisers Act of 1940, as amended 1940 (the “Advisers Act”);

Appears in 19 contracts

Sources: Investment Advisory and Management Agreement (Commonwealth Credit Partners BDC I, Inc.), Investment Advisory and Management Agreement (Commonwealth Credit Partners BDC I, Inc.), Investment Advisory Agreement (Blue Owl Capital Corp)

WHEREAS. the Adviser is registered as an investment adviser that has registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 19 contracts

Sources: Investment Advisory and Management Agreement (Gladstone Investment Corporation\de), Investment Advisory Agreement (Gladstone Alternative Income Fund), Investment Advisory Agreement (Prospect Enhanced Yield Fund)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act");

Appears in 18 contracts

Sources: Subadvisory Agreement (RBB Fund Trust), Investment Advisory Agreement (Redwood Enhanced Income Corp.), Investment Advisory Agreement (Redwood Enhanced Income Corp.)

WHEREAS. the Adviser Advisor is registered as an investment adviser advisor under the Investment Advisers Act of 1940, as amended (“Advisers Act”);1940 and engages in the business of asset management; and

Appears in 17 contracts

Sources: Investment Advisory Agreement (Spinnaker ETF Series), Investment Advisory Agreement (Spinnaker ETF Series), Investment Advisory Agreement (Spinnaker ETF Series)

WHEREAS. the Adviser is registered with the Commission as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);

Appears in 17 contracts

Sources: Investment Sub Advisory Agreement (Columbia Funds Series Trust), Investment Sub Advisory Agreement (Columbia Funds Variable Insurance Trust I), Investment Sub Advisory Agreement (Columbia Funds Variable Insurance Trust I)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, and will serve as amended (“Advisers Act”)the investment adviser of the Funds;

Appears in 17 contracts

Sources: Expense Limitation and Reimbursement Agreement (Aberdeen Funds), Expense Limitation and Reimbursement Agreement (Aberdeen Funds), Expense Limitation and Reimbursement Agreement (Aberdeen Funds)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 ("Advisers Act");

Appears in 16 contracts

Sources: Investment Advisory Agreement (Steward Funds, Inc.), Investment Advisory Agreement (Steward Funds, Inc.), Investment Advisory Agreement (Capstone Church Capital Fund)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 16 contracts

Sources: Investment Advisory Agreement (Oaktree Strategic Credit Fund), Investment Advisory Agreement (Oaktree Strategic Credit Fund), Investment Advisory Agreement (Oaktree Strategic Credit Fund)

WHEREAS. the Adviser is a registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)amended;

Appears in 16 contracts

Sources: Fulfillment Servicing Agreement (Cullen Funds Trust), Fulfillment Servicing Agreement (Cullen Funds Trust), Fulfillment Servicing Agreement (Catholic Alliance Funds Inc)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act");

Appears in 16 contracts

Sources: Investment Advisory Agreement (CC Real Estate Income Fund-T2), Investment Advisory Agreement (CC Real Estate Income Fund-T2), Investment Advisory Agreement (NorthStar Real Estate Capital Income Fund-C)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act");.

Appears in 16 contracts

Sources: Investment Advisory Agreement (Old Mutual Funds III), Investment Advisory Agreement (Old Mutual Funds III), Investment Advisory Agreement (Old Mutual Advisor Funds)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 (the "Advisers Act");

Appears in 15 contracts

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

WHEREAS. the Adviser is a registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act");; and

Appears in 15 contracts

Sources: Proxy Statement (Victory Portfolios), Proxy Statement (Victory Portfolios), Investment Subadvisory Agreement (Victory Portfolios)

WHEREAS. the Adviser is registered as an investment adviser that has registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);

Appears in 15 contracts

Sources: Investment Advisory Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.), Investment Advisory and Management Agreement (Gladstone Investment Corporation\de), Investment Advisory and Management Agreement (Gladstone Capital Corp)

WHEREAS. the Underlying Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 14 contracts

Sources: Investment Advisory Agreement (American Beacon Funds), Investment Advisory Agreement (American Beacon Funds), Investment Advisory Agreement (American Beacon Funds)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);

Appears in 14 contracts

Sources: Investment Advisory Agreement (Kennedy Lewis Capital Co), Investment Advisory Agreement (Kennedy Lewis Capital Co), Investment Advisory Agreement (CC Real Estate Income Fund-T2)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the Investment Advisers Act”);; and

Appears in 13 contracts

Sources: Investment Advisory Agreement (Golub Capital BDC 4 LLC), Investment Advisory Agreement (Golub Capital Direct Lending Unlevered LLC), Investment Advisory Agreement (Golub Capital Private Credit Fund)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, 1940 and serves as amended (“Advisers Act”)the investment adviser to the Fund;

Appears in 13 contracts

Sources: Participation Agreement (Lincoln Life & Annuity Flexible Premium Variable Life Account M), Participation Agreement (Lincoln Life Flexible Premium Variable Life Account M), Fund Participation Agreement (Allstate Life of New York Separate Account A)

WHEREAS. the Adviser renders advisory services and is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 12 contracts

Sources: Investment Advisory Agreement (Mutual of America Variable Insurance Portfolios, Inc.), Subadvisory Agreement (Mutual of America Institutional Funds Inc), Subadvisory Agreement (Mutual of America Investment Corp)

WHEREAS. the Adviser is registered organized as an investment adviser that is registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 11 contracts

Sources: Investment Advisory Agreement (Oaktree Specialty Lending Corp), Investment Advisory Agreement (Oaktree Specialty Lending Corp), Investment Advisory Agreement (Oaktree Specialty Lending Corp)

WHEREAS. the Adviser is registered as an investment adviser that has registered under the Investment Advisers Act of 1940, as amended 1940 (the “Advisers Act”);

Appears in 11 contracts

Sources: Investment Advisory Management Agreement (Apollo Debt Solutions BDC), Investment Advisory Agreement (GLADSTONE LAND Corp), Investment Advisory and Management Agreement (Gladstone Capital Corp)

WHEREAS. the Adviser is a registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 11 contracts

Sources: Investment Advisory Agreement (BMT Investment Funds), Investment Advisory Agreement (BMT Investment Funds), Investment Advisory Agreement (EGA Emerging Global Shares Trust)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the Investment Advisers Act”);

Appears in 11 contracts

Sources: Investment Advisory and Management Agreement (CCS IX Portfolio Holdings, LLC), Investment Advisory and Management Agreement (Crescent Private Credit Income Corp), Investment Advisory and Management Agreement (Crescent Private Credit Income Corp)

WHEREAS. the Adviser is duly registered as an investment adviser under the Investment Advisers Act of 19401940 as amended, as amended (“Advisers Act”);and

Appears in 10 contracts

Sources: Participation Agreement (Transamerica Variable Insurance Fund Inc), Participation Agreement (PFL Life Variable Annuity Account D), Participation Agreement (Ausa Endeavor Variable Annuity Account)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the "Advisers Act");; and

Appears in 10 contracts

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

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended, and serves as the investment adviser to the Trust; and

Appears in 10 contracts

Sources: Fund Participation Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account One), Participation Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account One), Participation Agreement (Talcott Resolution Life Insurance Co Separate Account Two)

WHEREAS. the Adviser Advisor is registered as an investment adviser advisor under the Investment Advisers Act of 1940, as amended (the "Advisers Act");; and

Appears in 9 contracts

Sources: Investment Advisory Agreement (Munder Funds Inc), Investment Advisory Agreement (Munder Funds Inc), Investment Advisory Agreement (Munder Funds Trust)

WHEREAS. the Adviser is registered as an a newly organized investment adviser that has registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 9 contracts

Sources: Investment Advisory Agreement (Oxford Park Income Fund, Inc.), Investment Advisory Agreement (TP Flexible Income Fund, Inc.), Investment Advisory Agreement (Pathway Energy Infrastructure Fund, Inc.)

WHEREAS. the Adviser is duly registered as an investment adviser under pursuant to the Investment Advisers Act of 1940, as amended (“Advisers Act”);.

Appears in 9 contracts

Sources: Participation Agreement (Nationwide VL Separate Account-G), Participation Agreement (Pacific Select Exec Separate Acct Pacific Mutual Life Ins), Participation Agreement (Pacific Select Exec Separate Acct Pacific Mutual Life Ins)

WHEREAS. the Adviser Investment Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 9 contracts

Sources: Investment Management Agreement (Forward Funds), Amended and Restated Agreement and Declaration of Trust (Forward Funds), Investment Management Agreement (Forward Funds)

WHEREAS. the Adviser is registered as an investment adviser that is registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);

Appears in 8 contracts

Sources: Investment Advisory Agreement (Varagon Capital Corp), Investment Advisory Agreement (Blue Owl Real Estate Net Lease Trust), Investment Advisory Agreement (Blue Owl Real Estate Net Lease Trust)

WHEREAS. the Adviser is registered as an investment adviser under pursuant to the Investment Advisers Act of 1940, as amended 1940 (the “Advisers Act”);.

Appears in 8 contracts

Sources: Investment Sub Advisory Agreement (M Fund Inc), Investment Sub Advisory Agreement (M Fund Inc), Investment Sub Advisory Agreement (M Fund Inc)

WHEREAS. the Investment Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 8 contracts

Sources: Investment Management Agreement, Investment Advisory Agreement (Broadstone Real Estate Access Fund), Investment Advisory Agreement (Broadstone Real Estate Access Fund)

WHEREAS. the Adviser Investment Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended ("Advisers Act");; and

Appears in 8 contracts

Sources: Investment Management Agreement (Forward Funds Inc), Investment Management Agreement (Forward Funds Inc), Investment Management Agreement (Forward Funds Inc)

WHEREAS. the Adviser is registered as an investment adviser that has registered under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 7 contracts

Sources: Investment Advisory Agreement (Gladstone Companies, Inc.), Investment Advisory Agreement (Gladstone Companies, Inc.), Investment Advisory Agreement (Gladstone Companies, Inc.)

WHEREAS. the Adviser Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended ("Advisers Act");

Appears in 7 contracts

Sources: Investment Advisory Agreement (Munder Funds Inc), Investment Advisory Agreement (Munder Funds Inc), Investment Advisory Agreement (St Clair Funds Inc)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 (the "Advisers Act");; and

Appears in 7 contracts

Sources: Investment Sub Advisory Agreement (Corgi ETF Trust I), Investment Sub Advisory Agreement (Corgi ETF Trust I), Investment Sub Advisory Agreement (RBB Fund, Inc.)

WHEREAS. the Adviser Advisor is registered as an investment adviser registered under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended; and

Appears in 7 contracts

Sources: Investment Advisory Agreement (MainGate Trust), Investment Advisory Agreement (YieldQuest Funds Trust), Investment Advisory Agreement (YieldQuest Funds Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);; and

Appears in 7 contracts

Sources: Investment Advisory Agreement (North Country Funds), Investment Advisory Agreement (Johnson Mutual Funds Trust), Investment Advisory Agreement (Advisors Preferred Trust)

WHEREAS. the Adviser is registered authorized to act as an investment adviser under the Investment Advisers Adviser Act of 1940, as amended (“Advisers Act”);and engage in the advisory business; and

Appears in 7 contracts

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

WHEREAS. the Adviser is registered as an investment adviser registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 6 contracts

Sources: Investment Advisory Agreement (FS Specialty Lending Fund), Investment Advisory Agreement (FS Specialty Lending Fund), Investment Advisory Agreement (New FS Specialty Lending Fund)

WHEREAS. the Adviser is a registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 (the “Advisers Act”);; and

Appears in 6 contracts

Sources: Sub Advisory Agreement (TrimTabs ETF Trust), Sub Advisory Agreement (TrimTabs ETF Trust), Sub Advisory Agreement (TrimTabs ETF Trust)

WHEREAS. the Adviser Investment Manager is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);.

Appears in 6 contracts

Sources: Management Agreement (Old Mutual Funds II), Management Agreement (Old Mutual Advisor Funds Ii), Management Agreement (Old Mutual Insurance Series Fund)

WHEREAS. the Investment Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 (" Advisers Act");; and

Appears in 6 contracts

Sources: Fund Management Agreement (Pacific Funds), Fund Management Agreement (Pacific Funds), Fund Management Agreement (Pacific Funds)

WHEREAS. the Adviser is registered as an a newly organized investment adviser that intends to register under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 6 contracts

Sources: Investment Adviser Agreement (Triton Pacific Investment Corporation, Inc.), Investment Adviser Agreement (Triton Pacific Investment Corporation, Inc.), Investment Adviser Agreement (Triton Pacific Investment Corporation, Inc.)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended, and any applicable state securities laws; and

Appears in 5 contracts

Sources: Fund Participation Agreement (Farmers Annuity Separate Account A), Fund Participation Agreement (Farmers Annuity Separate Account A), Fund Participation Agreement (Farmers Annuity Separate Account A)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);.

Appears in 5 contracts

Sources: Advisory Agreement (CNL Funds), Investment Advisory Agreement (Old Mutual Advisor Funds), Advisory Agreement (CNL Funds)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers 1940 Act of 1940, and serves as amended (“Advisers Act”)investment adviser to the Trust;

Appears in 5 contracts

Sources: Fund Participation Agreement (Prudential Variable Contract Account Gi-2), Fund Participation Agreement (Prudential Discovery Select Group Variable Contract Acct), Fund Participation Agreement (Pruco Life Insurance Co Variable Appreciable Account)

WHEREAS. the Investment Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 ("Advisers Act");; and

Appears in 5 contracts

Sources: Fund Management Agreement, Fund Management Agreement (Pacific Funds), Fund Management Agreement (Pacific Funds)

WHEREAS. the Adviser Advisor is registered as an investment adviser that has registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 5 contracts

Sources: Investment Advisory and Management Agreement (Monroe Capital Income Plus Corp), Investment Advisory and Management Agreement (Monroe Capital Income Plus Corp), Investment Advisory and Management Agreement (Monroe Capital Income Plus Corp)

WHEREAS. the Adviser is registered as an investment adviser that is registered under the Investment Advisers Act of 1940, as amended (the "Advisers Act");; and

Appears in 5 contracts

Sources: Investment Advisory and Management Agreement (New Mountain Guardian IV Income Fund, L.L.C.), Investment Advisory and Management Agreement (New Mountain Guardian IV Unlevered BDC, L.L.C.), Investment Advisory Agreement (Blue Owl Alternative Credit Fund)

WHEREAS. the Adviser Investment Advisor is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);.

Appears in 5 contracts

Sources: Investment Advisory Agreement (DWS RREEF World Real Estate Plus Fund, Inc.), Investment Advisory Agreement (Scudder Rreef Real Estate Fund Ii Inc), Investment Advisory Agreement (Scudder Rreef Real Estate Fund Inc)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);amended; and

Appears in 5 contracts

Sources: Investment Advisory Agreement (USCA Fund Trust), Investment Advisory Agreement (Orbitex Group of Funds), Investment Advisory Agreement (Matterhorn Growth Fund Inc)