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 458 contracts

Samples: JNL Series Trust (JNL Series Trust), Investment Advisory Agreement (American Beacon Funds), Investment Sub Advisory Agreement (Eq Advisors Trust)

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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 362 contracts

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

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 341 contracts

Samples: 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 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 325 contracts

Samples: 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 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

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

Samples: Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Eq Advisors Trust), Investment Advisory Agreement (Eq Advisors Trust)

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

Appears in 164 contracts

Samples: Mutual Participation Agreement (WisdomTree Investments, Inc.), Sub Advisory Agreement (ALPS Series Trust), Investment Advisory Agreement (Financial Investors Trust)

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

Appears in 153 contracts

Samples: Agreement and Plan of Merger (FS KKR Capital Corp), Agreement (JNL Series Trust), Sub Advisory Agreement (JNL Investors Series Trust)

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

Samples: Investment Sub Advisory Agreement (Neiman Funds), Sub Advisory Agreement (Neiman Funds), Sub Advisory Agreement (Sycuan Funds)

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 137 contracts

Samples: Fund Participation Agreement (Wanger Advisors Trust), Fund Participation Agreement (Separate Account I of Integrity Life Insurance Co), Participation Agreement (Separate Account No. 70)

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 134 contracts

Samples: Investment Sub Advisory Agreement (Valkyrie ETF Trust II), Investment Management Agreement (Exchange Traded Concepts Trust), Sub Advisory Agreement (ETF Opportunities Trust)

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

Appears in 130 contracts

Samples: Investment Advisory Agreement (Advisors Preferred Trust), Investment Advisory Agreement (Advisors Preferred Trust), Investment Advisory Agreement (Advisors Preferred Trust)

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

Appears in 125 contracts

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

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

Appears in 106 contracts

Samples: Investment Advisory Agreement (Atlantic Whitehall Funds Trust), Investment Advisory Agreement (Atlantic Whitehall Funds Trust), Investment Advisory Agreement (Tortoise Gas & Oil Corp)

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

Samples: Participation Agreement (Pacific Select Exec Separate Account of Pacific Life & Annui), Participation Agreement (Pacific Select Exec Separate Account of Pacific Life & Annui), Participation Agreement (Guardian Separate Acct N of the Guardian Ins & Annuity Co)

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

Appears in 84 contracts

Samples: Investment Advisory Agreement (Tortoise North American Energy Corp), Agreement (Oppenheimer International Large Cap Core Trust), Subadvisory Agreement (Oppenheimer Quest Capital Value Fund Inc)

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

Appears in 72 contracts

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

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

Appears in 62 contracts

Samples: Investment Advisory Agreement (Palmer Square Capital BDC Inc.), Investment Advisory Agreement (Barings Capital Investment Corp), Agreement and Plan of Merger (Sierra Income Corp)

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

Appears in 49 contracts

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

Appears in 40 contracts

Samples: Investment Advisory Agreement (Varagon Capital Corp), Investment Advisory Agreement (TCG Bdc, Inc.), Investment Advisory Agreement (Carlyle Secured Lending III)

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

Appears in 39 contracts

Samples: Investment Sub Advisory Agreement (Advisor Managed Portfolios), Investment Advisory Agreement (XTF Advisors Trust), Sub Advisory Agreement (OWLshares Trust)

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

Appears in 36 contracts

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

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

Appears in 35 contracts

Samples: 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 under the Investment Advisers Act of 1940, as amended (the “Advisers Act”);; and

Appears in 34 contracts

Samples: Investment Advisory Agreement (Zea Capital Fund LLC), Elevation Series Trust Investment Sub (Elevation Series Trust), Investment Advisory And (HMS Income Fund, Inc.)

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

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

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

Appears in 33 contracts

Samples: Master Investment Advisory Agreement (Invesco Van Kampen High Income Trust II), Master Investment Advisory Agreement (Invesco Van Kampen Advantage Municipal Income Trust II), Master Investment Advisory Agreement (Invesco Van Kampen Pennsylvania Value Municipal Income Trust)

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

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

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

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

Samples: Participation Agreement (Variable Annuity Account a of Protective Life), Participation Agreement (Lincoln Life Flexible Premium Variable Life Account M), Participation Agreement (Protective Variable Annuity Separate Account)

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

Appears in 27 contracts

Samples: Master Investment Advisory Agreement (Invesco High Income 2024 Target Term Fund), Investment Advisory Agreement (Invesco High Income 2023 Target Term Fund), Master Investment Advisory Agreement (Invesco Senior Loan Fund)

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

Appears in 26 contracts

Samples: Agreement and Plan of Merger (GOLUB CAPITAL BDC, Inc.), Agreement and Plan of Merger (GOLUB CAPITAL BDC, Inc.), Agreement and Plan of Merger (Golub Capital BDC 3, Inc.)

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

Appears in 26 contracts

Samples: Investment Advisory Agreement (Crow Point Global Dividend Plus Fund), Investment Advisory Agreement (PRISM Multi Strategy Fund), Investment Advisory Agreement (Carillon Series Trust)

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

Appears in 26 contracts

Samples: Quaker Investment Trust Investment Subadvisory Agreement (Quaker Investment Trust), Quaker Investment Trust Investment Subadvisory Agreement (Quaker Investment Trust), Quaker Investment Trust Investment Subadvisory Agreement (Quaker Investment Trust)

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

Appears in 24 contracts

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

Appears in 22 contracts

Samples: Participation Agreement (Prudential Annuities Life Assurance Corp Variable Account B), Fund Participation Agreement (Prudential Variable Appreciable Account), Fund Participation Agreement (American Skandia Trust)

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

Samples: Participation Agreement (Pacific Select Exec Separate Acct Pacific Life Ins), Pacific Select Exec Separate Account of Pacific Life & Annui, Pacific Select Exec Separate Account of Pacific Life & Annui

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

Appears in 22 contracts

Samples: Investment Advisory Agreement (Collaborative Investment Series Trust), Investment Advisory Agreement (Collaborative Investment Series Trust), Investment Advisory Agreement (Collaborative Investment Series Trust)

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

Samples: Sub Advisory Agreement (Financial Investors Trust), Interim Investment Sub Advisory Agreement (Boulder Growth & Income Fund), Interim Sub Advisory Agreement (Financial Investors Trust)

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

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

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

Appears in 17 contracts

Samples: Form of Sub Advisory Agreement (Exchange Listed Funds Trust), Investment Advisory Agreement (Redwood Enhanced Income Corp.), Investment Advisory Agreement (Redwood Enhanced Income Corp.)

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

Samples: Investment Advisory Agreement (Christian Stewardship Funds), Investment Advisory Agreement (Steward Funds, Inc.), Investment Advisory Agreement (Steward Funds, Inc.)

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

Samples: Investment Advisory Agreement (Old Mutual Funds III), Investment Advisory Agreement (Old Mutual Funds III), Investment Advisory Agreement (Old Mutual Advisor 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 16 contracts

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

Samples: Investment Advisory Agreement (Oaktree Strategic Credit Fund), Investment Advisory Agreement (Oaktree Strategic Income II, Inc.), 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

Samples: The Fulfillment Servicing Agreement (Cullen Funds Trust), Fulfillment Servicing Agreement (Kopp Funds Inc), Fulfillment Servicing Agreement (Glen Rauch Funds)

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

Samples: And Termination Agreement and Plan of Conversion (Victory Portfolios), And Termination Agreement and Plan of Conversion (Victory Portfolios), Agreement (Mutual Fund Group)

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 15 contracts

Samples: Investment Advisory and Management Agreement (Gladstone Investment Corporation\de), Investment Advisory and Management Agreement (Rand Capital Corp), Investment Advisory and Management Agreement (MVC Capital, Inc.)

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

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

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

Appears in 14 contracts

Samples: Sub Advisory Agreement (Nations Fund Inc), Investment Sub Advisory Agreement (Nations Master Investment Trust), Sub Advisory Agreement (Nations Master Investment Trust)

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

Samples: Investment Advisory Agreement (Golub Capital Direct Lending Unlevered LLC), Investment Advisory Agreement (Golub Capital BDC 4 LLC), Investment Advisory Agreement (Brightwood Capital Corp I)

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

Appears in 13 contracts

Samples: Investment Advisory Agreement (Ook Inc), Investment Advisory Agreement (Kennedy Lewis Capital Co), Investment Advisory Agreement (NorthStar Real Estate Capital Income Fund-T)

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

Appears in 12 contracts

Samples: Sub Advisory Agreement (LoCorr Investment Trust), Sub Advisory Agreement (LoCorr Investment Trust), Locorr Investment Trust Sub Advisory Agreement (LoCorr Investment Trust)

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

Appears in 11 contracts

Samples: Sub Advisory Agreement (Exchange Listed Funds Trust), Sub Advisory Agreement (Exchange Traded Concepts Trust), Sub Advisory Agreement (Exchange Listed Funds Trust)

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 11 contracts

Samples: Investment Advisory and Management Agreement (Gladstone Capital Corp), Investment Advisory and Management Agreement (Gladstone Investment Corporation\de), Investment Advisory and Management Agreement (Ares Strategic Income 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”);") and engages in the business of acting as an investment adviser; and

Appears in 11 contracts

Samples: Sub Advisory Agreement (Nations Lifegoal Funds Inc), Sub Advisory Agreement (Nations Lifegoal Funds Inc), Sub Advisory Agreement (Nations Fund Inc)

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

Appears in 11 contracts

Samples: Investment Advisory Agreement (Northern Lights Fund Trust Iii), Interim Investment Advisory Agreement (Northern Lights Fund Trust), Interim Investment Advisory Agreement (Professionally Managed Portfolios)

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

Appears in 11 contracts

Samples: Investment Advisory Agreement (Aetna Variable Portfolios Inc), Investment Advisory Agreement (Aetna Variable Portfolios Inc), Investment Advisory Agreement (Aetna Variable 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 10 contracts

Samples: Investment Advisory Agreement (Wisconsin Capital Funds Inc), Investment Advisory Agreement (Northern Lights Fund Trust Iii), Investment Advisory Agreement (Northern Lights Fund Trust Iii)

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

Samples: Participation Agreement (Transamerica Variable Insurance Fund Inc), Participation Agreement (Separate Account Va-2l of Transamerica Occidental Life Ins C), Participation Agreement (Separate Account Va 2lny of First Transamerica Life Ins Co)

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 10 contracts

Samples: Investment Advisory Agreement (Oaktree Specialty Lending Corp), Investment Advisory Agreement (Fifth Street Asset Management Inc.), Investment Advisory Agreement (Fifth Street Finance Corp.)

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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

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

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

Samples: Investment Sub Advisory Agreement (Forward Funds), Investment Management Agreement (Forward Funds), Investment Management Agreement (Forward Funds)

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

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

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

Samples: Investment Advisory Agreement (Munder Framlington Funds Trust), Investment Advisory Agreement (Munder Funds Inc), Investment Advisory Agreement (Munder at Vantage Fund)

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 9 contracts

Samples: Investment Advisory Agreement (Crescent Capital BDC, Inc.), Investment Advisory Agreement (Bain Capital Specialty Finance, Inc.), Investment Advisory Agreement (Bain Capital Specialty Finance, Inc.)

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

Samples: Investment Management Agreement (Forward Funds Inc), Exhibit (Forward Funds Inc), Management Agreement (Forward Funds Inc)

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

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

Samples: Combined Investment Advisory Agreement (Munder Framlington Funds Trust), Investment Advisory Agreement (Munder Funds Inc), Investment Advisory Agreement (Munder Funds Trust)

WHEREAS. the Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended 1940 (the Advisers 1940 Act”), as amended, and serves as investment adviser for the Trust pursuant to that certain Investment Advisory Agreement dated May 12, 2001, between the Trust’s and the Adviser’s predecessors in interest (the “Investment Advisory Agreement”);

Appears in 7 contracts

Samples: Fee Waiver Agreement (Cavanal Hill Funds), Fee Waiver Agreement (Cavanal Hill Funds), Fee Waiver Agreement (Cavanal Hill Funds)

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

Appears in 7 contracts

Samples: Master Investment Advisory Agreement (Invesco Van Kampen Exchange Fund), Master Investment Advisory Agreement (Invesco Exchange Fund), Invesco Securities Trust (Invesco Securities Trust)

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

Appears in 7 contracts

Samples: Investment Advisory Agreement (Lafayette Square Southeast BDC, LLC), Investment Advisory Agreement (Lafayette Square Mid-Atlantic BDC, LLC), Investment Advisory and Management Services Agreement (Business Development Corp of America)

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

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

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

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 6 contracts

Samples: Investment Advisory Agreement (AB Private Credit Investors Corp), Investment Advisory Agreement (Blue Owl Real Estate Net Lease Trust), Investment Advisory Agreement (AB Private Credit Investors Corp)

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

Appears in 6 contracts

Samples: Master Investment Advisory Agreement (Invesco Van Kampen Exchange Fund), Sub Advisory Contract (Invesco Management Trust), Memorandum of Agreement (Invesco Exchange Fund)

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

Appears in 6 contracts

Samples: Investment Advisory Agreement (MacKenzie Realty Capital, Inc.), Investment Advisory Agreement (MacKenzie Realty Capital, Inc.), Investment Advisory Agreement (MacKenzie Realty Capital, Inc.)

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

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

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

Appears in 5 contracts

Samples: Investment Advisory Agreement (360 Funds), Investment Advisory Agreement (360 Funds), Investment Advisory Agreement (360 Funds)

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

Appears in 5 contracts

Samples: Principal Financial Officer Services Agreement (Financial Investors Trust), Principal Financial Officer Services Agreement (Financial Investors Trust), Financial Officer Services Agreement (Financial Investors 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 5 contracts

Samples: Investment Sub Advisory Agreement (ETF Series Solutions), Investment Management Agreement (Exchange Traded Concepts Trust), Investment Management Agreement (Exchange Traded Concepts Trust)

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

Samples: Janus Aspen Series (Prudential Variable Contract Account Gi-2), Fund Participation Agreement (Pruco Life Insurance Co Variable Appreciable Account), Janus Aspen Series (Pruco Life of New Jersey Variable Appreciable Account)

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

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

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

Appears in 5 contracts

Samples: Sub Advisory Agreement (M Fund Inc), Sub Advisory Agreement (M Fund Inc), Sub Advisory Agreement (M Fund Inc)

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

Appears in 5 contracts

Samples: Participation Agreement (Davis Variable Account Fund Inc), Participation Agreement (Victory Variable Insurance Funds), Participation Agreement (Nyliac Variable Annuity Separate Account I)

WHEREAS. the Investment Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”), and has entered into an Investment Advisory Agreement with the Trust dated the Effective Date;

Appears in 5 contracts

Samples: Financial Investors Trust (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust)

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

Appears in 5 contracts

Samples: Investment Advisory Agreement (Tortoise Energy Infrastructure Corp), Agreement and Declaration (Van Kampen American Capital Tax Exempt Trust), Agreement (Van Kampen American Capital Tax Exempt Trust)

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

Samples: Investment Advisory Agreement (USCA Fund Trust), Investment Advisory Agreement (Orbitex Group of Funds), Advisory Agreement (Capitol Square Funds)

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

Appears in 4 contracts

Samples: Sub Advisory Agreement (Nations Institutional Reserves), Sub Advisory Agreement Nations Reserves (Nations Institutional Reserves), Sub Advisory Agreement (Nations Master Investment Trust)

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 4 contracts

Samples: Fund Management Agreement (Pacific Funds), Portfolio Management Agreement (Pacific Select Fund), Fund Management Agreement (Pacific Funds)

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

Appears in 4 contracts

Samples: Asset Management Trust (Lord Asset Management Trust), Asset Management Trust (Lord Asset Management Trust), Asset Management Trust (Lord Asset Management Trust)

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

Appears in 4 contracts

Samples: Investment Sub Advisory Agreement (1290 Funds), Sub Advisory Agreement (1290 Funds), Sub Advisory Agreement (1290 Funds)

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

Appears in 4 contracts

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

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 Fund;

Appears in 4 contracts

Samples: Participation Agreement (Merger Fund Vl), Participation Agreement (Merger Fund Vl), Participation Agreement (Jefferson National Life Annuity Account G)

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

Appears in 4 contracts

Samples: Investment Sub Advisory Agreement (Dominion Funds Inc), Investment Sub Advisory Agreement (Dominion Funds Inc), Combined Investment Advisory Agreement (Munder Series Trust)

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

Appears in 4 contracts

Samples: Interim Investment Advisory Agreement (Carey Credit Income Fund), Investment Advisory Agreement (Carey Credit Income Fund 2015 T), Investment Advisory Agreement (Carey Credit Income Fund - I)

WHEREAS. the Investment Adviser is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”)) and has entered into an Investment Advisory Agreement dated the Effective Date with the Trust;

Appears in 4 contracts

Samples: Financial Investors Trust (Financial Investors Trust), Financial Investors Trust (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust)

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

Appears in 4 contracts

Samples: Management Agreement (Select Ten Plus Fund LLC), Management Agreement (Select Ten Plus Fund LLC), Company Management Agreement (Integrity Life Insurance Co Separate Account Ten)

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 4 contracts

Samples: Sub Advisory Agreement (TrimTabs ETF Trust), Sub Advisory Agreement (TrimTabs ETF Trust), Investment Advisory Agreement (Advisorone 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 4 contracts

Samples: Investment Advisory Management Agreement (Blackhawk Capital Group BDC Inc), Investment Management Agreement (Global China Growth Fund), Investment Management Agreement (Global China Growth Fund)

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