Common use of Prospectus of the Fund Clause in Contracts

Prospectus of the Fund. (12) During the term of this Agreement, the Adviser agrees to furnish the Fund Manager at its principal office all sales literature prepared for distribution to stockholders of the Managed Fund, the Fund or the public that refer to the Fund Manager in any way, prior to the use thereof, and the Adviser shall not use any such materials if the Fund Manager reasonably objects in writing within five business days (or such other period as may be mutually agreed) after receipt thereof. The Fund Manager's right to object to such materials is limited to the portions of such materials that expressly relate to the Fund Manager, its services and its clients. The Adviser agrees to use its reasonable best efforts to ensure that materials prepared by its employees or agents or its affiliates that refer to the Fund Manager or its clients in any way are consistent with those materials previously approved by the Fund Manager as referenced in the first sentence of this paragraph. Sales literature may be furnished to the Fund Manager by first class or overnight mail, facsimile transmission equipment or hand delivery.

Prospectus of the Fund. (12) During the term of this Agreement, the Adviser agrees to furnish the Fund Portfolio Manager at its principal office all sales literature prepared for distribution to stockholders shareholders of the Managed FundPortfolio, the Fund or the public that refer to the Fund Portfolio Manager in any way, prior to the use thereof, and the Adviser shall not use any such materials if the Fund Portfolio Manager reasonably objects in writing within five business days (or such other period as may be mutually agreed) after receipt thereof. The Fund Portfolio Manager's right to object to such materials is limited to the portions of such materials that expressly relate to the Fund Portfolio Manager, its services and its clients. The Adviser agrees to use its reasonable best efforts to ensure that materials prepared by its employees or agents or its affiliates that refer to the Fund Portfolio Manager or its clients in any way are consistent with those materials previously approved by the Fund Portfolio Manager as referenced in the first sentence of this paragraph. Sales literature may be furnished to the Fund Portfolio Manager by first class or overnight mail, facsimile transmission equipment or hand delivery.

Prospectus of the Fund. (12) During the term of this Agreement, the Adviser agrees to furnish the Fund Manager at its principal office all sales literature prepared for distribution to stockholders of the Managed Deep Value Fund, the Fund or the public that refer to the Fund Manager in any way, prior to the use thereof, and the Adviser shall not use any such materials if the Fund Manager reasonably objects in writing within five business days (or such other period as may be mutually agreed) after receipt thereof. The Fund Manager's right to object to such materials is limited to the portions of such materials that expressly relate to the Fund Manager, its services and its clients. The Adviser agrees to use its reasonable best efforts to ensure that materials prepared by its employees or agents or its affiliates that refer to the Fund Manager or its clients in any way are consistent with those materials previously approved by the Fund Manager as referenced in the first sentence of this paragraph. Sales literature may be furnished to the Fund Manager by first class or overnight mail, facsimile transmission equipment or hand delivery.