Registered Investment Adviser; CFTC Registration. The Adviser (i) is duly registered as an investment adviser under the Advisers Act and will continue to be so registered for so long as this Agreement and the Advisory Agreement with the Trust remain in effect, (ii) is not prohibited by the 1940 Act or the Advisers Act from performing the services contemplated by the Advisory Agreement with the Trust, (iii) has appointed a Chief Compliance Officer under Rule 206(4)-7 under the Advisers Act, (iv) has adopted written policies and procedures that are reasonably designed to prevent violations of the Advisers Act from occurring and correct promptly any violations that have occurred, (v) has materially met and will seek to continue to materially meet for so long as this Agreement remains in effect, any other applicable federal or state requirements, or the applicable requirements of any regulatory or industry self-regulatory agency, and (vi) will promptly notify the Sub-Adviser of the occurrence of any event that would disqualify the Adviser from serving as an investment adviser of a registered investment company pursuant to Section 9(a) of the 1940 Act. The Adviser is duly registered as a commodity pool operator and commodity trading advisor with the CFTC and is a member in good standing of the National Futures Association, and will maintain such registration and membership in good standing for so long as this Agreement remains in effect or will be exempt from such registration and membership.
Registered Investment Adviser; CFTC Registration. G10 is duly registered as an investment adviser under the Advisers Act and will continue to be so registered for so long as this Agreement remains in effect. Bayforest is not subject to registration as an investment adviser under the Advisers Act and will continue to not be subject to registration or will register and maintain its registration for so long as this Agreement remains in effect. To the extent required by law, the Sub-Adviser Entity (i) is not prohibited by the 1940 Act or the Advisers Act from performing the services contemplated by this Agreement; (ii) has appointed a Chief Compliance Officer under Rule 206(4)-7 under the Advisers Act; (iii) has adopted written policies and procedures that are reasonably designed to prevent violations of the Advisers Act from occurring, and correct promptly any violations that have occurred, and will provide notice promptly to the Adviser of any material violations relating to the Fund; (iv) has materially met and will seek to continue to materially meet for so long as this Agreement remains in effect, any other applicable federal or state requirements, or the applicable requirements of any regulatory or industry self-regulatory agency; and (v) will promptly notify the Adviser of the occurrence of any event that would disqualify the Sub-Adviser from serving as an investment adviser of a registered investment company pursuant to Section 9(a) of the 1940 Act. G10 is duly registered as a commodity pool operator and commodity trading advisor with the CFTC and is a member in good standing of the National Futures Association, and will maintain such registration and membership in good standing for so long as this Agreement remains in effect. Bayforest is exempt from registration as a commodity trading advisor with the CFTC in reliance on Section 4m(1) of the Commodities Exchange Act and will maintain that exemption or will register and be registered for so long as this Agreement remains in effect.
Registered Investment Adviser; CFTC Registration. For so long as this Agreement remains in effect, the Sub-Adviser will be either (i) duly registered as an investment adviser under the Advisers Act or; (ii) not subject to registration as an investment adviser under the Advisers Act. To the extent required by law, the Sub-Adviser (i) is not prohibited by the 1940 Act or the Advisers Act from performing the services contemplated by this Agreement; (ii) has materially met and will seek to continue to materially meet for so long as this Agreement remains in effect, any other applicable federal or state requirements, or the applicable requirements of any regulatory or industry self-regulatory agency, each relating to its duties hereunder; (iii) will promptly notify the Adviser of the occurrence of any event that would disqualify the Sub-Adviser from serving as an investment adviser of a registered investment company pursuant to Section 9(a) of the 1940 Act promptly after the Sub-Adviser becomes aware of any such event; and (iv) will promptly notify the Adviser of the occurrence of any event that, upon consultation and confirmation from the Sub-Adviser’s counsel, would require the Sub-Adviser to register under the Advisers Act. The Sub-Adviser is registered with the CFTC as a CTA and is a member of the NFA in good standing. The Sub-Adviser will remain registered with the CFTC and a member of the NFA for so long as this Agreement remains in effect.
