Common use of Advertisements Clause in Contracts

Advertisements. Any advertising, sales literature or other promotional material (including "prospectus wrappers," "broker kits," "road show slides" and "road show scripts" and "electronic road show presentations") authorized in writing by or prepared by the Fund or the Adviser used in connection with the public offering of the Shares (collectively, "Sales Material") does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein in light of the circumstances under which they were made not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with information relating to any Underwriter furnished to the Fund by or on behalf of any Underwriter through you expressly for use therein).

Advertisements. Any advertising, sales literature or other promotional material (including "but not limited to “prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made made, not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any the Underwriter furnished to the Fund or the Adviser by or on behalf of any the Underwriter through you expressly for use therein), including any requirement to file any Rule 482 Statement.

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made made, not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any Underwriter the Underwriters furnished to the Fund by or the Adviser on behalf of any Underwriter through you the Underwriters by the Representative expressly for use therein), including any requirement to file any Rule 482 Statement.

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser Company used in connection with the public offering of the Shares Securities (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein in light of the circumstances under which they were made not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, Act and the 1940 Act, the Rules and Regulations Act and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with information relating to any Underwriter furnished to the Fund Company by or on behalf of any Underwriter through you expressly for use therein).

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the either Adviser used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein in light of the circumstances under which they were made not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any Underwriter the Agent furnished to the Fund by or on behalf of any Underwriter the Agent through you expressly for use therein), including any requirement to file any Rule 482 Statement.

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser used in connection with the public offering of the Shares (collectively, "Sales Material"“SALES MATERIAL”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made made, not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any Underwriter furnished to the Fund by or on behalf of any Underwriter through you expressly for use therein), including any requirement to file any Rule 482 Statement.

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser Company used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein in light of the circumstances under which they were made not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, Act and the 1940 Act, the Rules and Regulations Act and the rules and interpretations of the NASD (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with information relating to any Underwriter furnished to the Fund Company by or on behalf of any Underwriter through you expressly for use therein).

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" and ",” “road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Investment Adviser used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made made, not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 ActActs, the Rules and Regulations and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any Underwriter furnished to the Fund by or on behalf of any Underwriter through you expressly for use therein), including any requirement to file any Omitting Prospectus.

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made made, not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any the Underwriter furnished to the Fund or the Adviser by or on behalf of any the Underwriter through you expressly for use therein), including any requirement to file any Rule 482 Statement.

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser Company used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein in light of the circumstances under which they were made not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, Act and the 1940 Act, the Rules and Regulations Act and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with information relating to any Underwriter furnished to the Fund Company by or on behalf of any Underwriter through you expressly for use therein).

Advertisements. Any advertising, sales literature or other promotional material (including "but not limited to “prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made made, not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any the Underwriter furnished to the Fund or the Adviser by or on behalf of any Underwriter the Underwriters through you expressly for use therein), including any requirement to file any Rule 482 Statement.

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser Company used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein in light of the circumstances under which they were made not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD National Association of Securities Dealers, Inc. (the “NASD”) (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with information relating to any Underwriter furnished to the Fund Company by or on behalf of any Underwriter through you expressly for use therein).

Advertisements. Any As of the respective times of use, any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser Company used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein in light of the circumstances under which they were made not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, Act and the 1940 Act, the Rules and Regulations Act and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to include statements in or omissions from the Sales Material made in reliance upon and in conformity with information relating to any the Underwriter furnished to the Fund Company by or on behalf of any the Underwriter through you expressly for use therein).

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser used in connection with the public offering of the Shares (collectively, "Sales Material"“SALES MATERIAL”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made made, not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any Underwriter furnished to the Fund by or on behalf of any Underwriter through you expressly for use therein), including any requirement to file any Rule 482 Statement.

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein in light of the circumstances under which they were made not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with information relating to any Underwriter furnished to the Fund by or on behalf of any Underwriter through you expressly for use therein).

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "road show slides" and "road show scripts" and "” “electronic road show presentations",” “road show slides” and “road show scripts”) authorized in writing by or prepared by the Fund or the Adviser used in connection with the public offering issuance and sale of the Shares to the Investors (collectively, "Sales Material"“SALES MATERIAL”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein in light of the circumstances under which they were made not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any Underwriter the Placement Agent furnished to the Fund by or on behalf of any Underwriter the Placement Agent through you expressly for use therein), including any requirement to file any Rule 482 Statement.

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made made, not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any the Underwriter furnished to the Fund by or on behalf of any the Underwriter through you expressly for use therein), including any requirement to file any Rule 482 Statement.

Advertisements. Any advertising, sales literature or other promotional material (including "but not limited to “prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made made, not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any Underwriter the Underwriters furnished to the Fund or the Adviser by or on behalf of any Underwriter through you the Underwriters by the Representatives expressly for use therein), including any requirement to file any Sales Material pursuant to Rule 482 under the 1933 Act.

Advertisements. Any As of the respective times of use, any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser Company used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein in light of the circumstances under which they were made not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, Act and the 1940 Act, the Rules and Regulations Act and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to include statements in or omissions from the Sales Material made in reliance upon and in conformity with information relating to any Underwriter the Underwriters furnished to the Fund Company by or on behalf of any Underwriter through you the Representative expressly for use therein).

Advertisements. Any advertising, sales literature or other promotional material (including "but not limited to “prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made made, not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any Underwriter the Underwriters furnished to the Fund or the Adviser by or on behalf of any Underwriter through you the Underwriters by the Representative expressly for use therein), including any requirement to file any Rule 482 Statement.

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser used in connection with the public offering of the Shares (collectively, "Sales Material"“SALES MATERIAL”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made made, not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any Underwriter furnished to the Fund by or on behalf of any Underwriter through you expressly for use therein), including any requirement to file any Rule 482 Statement.

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Investment Adviser used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made made, not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 ActActs, the Rules and Regulations and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any Underwriter furnished to the Fund by or on behalf of any Underwriter through you expressly for use therein), including any requirement to file any Omitting Prospectus.

Advertisements. Any advertising, sales literature or literature, other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) or any other prospectus authorized in writing by or prepared by the Fund or the Investment Adviser used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made made, not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 ActActs, the Rules and Regulations and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any Underwriter furnished to the Fund by or on behalf of any Underwriter through you expressly for use therein), including any requirement to file any Omitting Prospectus.

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser Company used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein in light of the circumstances under which they were made not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with information relating to any Underwriter furnished to the Fund Company by or on behalf of any Underwriter through you expressly for use therein).

Advertisements. Any As of the respective times of use, any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "” “road show slides" ” and "“road show scripts" ” and "“electronic road show presentations"”) authorized in writing by or prepared by the Fund or the Adviser Company used in connection with the public offering of the Shares (collectively, "“Sales Material"”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein in light of the circumstances under which they were made not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, Act and the 1940 Act, the Rules and Regulations Act and the rules and interpretations of the NASD FINRA (except that this representation and warranty does not apply to include statements in or omissions from the Sales Material made in reliance upon and in conformity with information relating to any Underwriter the Underwriters furnished to the Fund Company by or on behalf of any Underwriter through you the Representatives expressly for use therein).

Advertisements. Any advertising, sales literature or other promotional material (including "“prospectus wrappers," "” “broker kits," "road show slides" and "road show scripts" and "” “electronic road show presentations",” “road show slides” and “road show scripts”) authorized in writing by or prepared by the Fund or the Adviser used in connection with the public offering of the Shares (collectively, "Sales Material"“SALES MATERIAL”) does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein in light of the circumstances under which they were made not misleading. Moreover, all Sales Material complied and will comply in all material respects with the applicable requirements of the 1933 Act, the 1940 Act, the Rules and Regulations and the rules and interpretations of the NASD (except that this representation and warranty does not apply to statements in or omissions from the Sales Material made in reliance upon and in conformity with written information relating to any the Underwriter furnished to the Fund by or on behalf of any the Underwriter through you expressly for use therein), including any requirement to file any Rule 482 Statement.