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 490 contracts

Samples: Investment Sub Advisory Agreement (RBB Fund Trust), Investment Sub Advisory Agreement (RBB Fund Trust), Investment Sub Advisory Agreement (RBB 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 385 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 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

Samples: 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 343 contracts

Samples: Investment Advisory Agreement (Northern Lights Fund Trust), Investment Advisory Agreement (Northern Lights Fund Trust), 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 267 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 Manager is registered as an investment adviser under the Investment Advisers Act of 1940, as amended (“Advisers Act”);

Appears in 250 contracts

Samples: Investment Sub Advisory Agreement (Eq Advisors Trust), Investment Sub Advisory Agreement (Eq Advisors Trust), Investment Sub 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 168 contracts

Samples: Sub Advisory Agreement (ALPS ETF Trust), Sub Advisory Agreement (ALPS Series Trust), Sub Advisory Agreement (Sprott Funds 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 166 contracts

Samples: Investment Advisory Agreement (Silver Point Specialty Lending Fund), Investment Sub Advisory Agreement (ETF Opportunities Trust), Investment Sub Advisory Agreement (REX ETF Trust)

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

Appears in 166 contracts

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

Appears in 141 contracts

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

Appears in 138 contracts

Samples: Investment Advisory Agreement (Northern Lights Fund Trust Ii), Investment Advisory Agreement (Northern Lights Variable Trust), Investment Advisory Agreement (Northern Lights Fund Trust IV)

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), 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

Samples: 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

Samples: 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

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

Appears in 77 contracts

Samples: Sub Advisory Agreement (Allspring Master Trust), Sub Advisory Agreement (Allspring Master Trust), Sub Advisory Agreement (Allspring Variable 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 72 contracts

Samples: Investment Sub Advisory Agreement (James Alpha Funds 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

Samples: 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 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 57 contracts

Samples: Sub Advisory Agreement (Allspring Funds Trust), Sub Advisory Agreement (Allspring Funds Trust), Sub Advisory Agreement (Allspring Master 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 54 contracts

Samples: Participation Agreement (Lincoln Benefit Life Variable Life Account), Fund Participation Agreement (Talcott Resolution Life & Annuity Insur Co Separate Account Three), Participation Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account Seven)

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 46 contracts

Samples: Investment Advisory Agreement (Varagon Capital Corp), Investment Advisory Agreement (Audax Private Credit Fund, LLC), Investment Advisory Agreement (Carlyle Secured Lending, Inc.)

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 46 contracts

Samples: Participation Agreement (Protective NY COLI VUL), Participation Agreement (Protective COLI VUL), Participation Agreement (Separate Account a of Axa Equitable Life Insurance Co)

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

Samples: 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 1940 (the “Advisers Act”);

Appears in 43 contracts

Samples: Interim Investment Advisory Agreement (Northern Lights Fund Trust Iii), Sub Advisory Agreement (Roundhill ETF Trust), Sub Advisory Agreement (Amplify ETF 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

Samples: 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 (the “Advisers Act”);; and

Appears in 42 contracts

Samples: Advisory Agreement (Ellington Credit Co), Advisory Agreement (Ellington Credit Co), Investment Advisory Agreement (Adams Street Private Equity Navigator Fund LLC)

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

Appears in 38 contracts

Samples: Investment Management Agreement (Hamilton Lane Venture Capital & Growth Fund), Investment Management Agreement (Hamilton Lane Venture Capital & Growth Fund), Investment Advisory and Management Agreement (North Haven Private Assets 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

Samples: 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

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

Appears in 33 contracts

Samples: 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 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 Institutional Reserves), Sub Advisory Agreement (Nations Institutional Reserves), Investment Advisory Agreement (Nations Fund 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.), Fund Management Agreement (Pacific Funds), Portfolio Management Agreement (Pacific Select Fund)

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

Samples: 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

Samples: 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 (the Investment Advisers Act”);

Appears in 28 contracts

Samples: Merger Agreement (GOLUB CAPITAL BDC, Inc.), Merger Agreement (Golub Capital BDC 3, Inc.), Investment Advisory Agreement (Fortress Private Lending Fund)

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

Samples: 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”);; and

Appears in 26 contracts

Samples: Investment Advisory Agreement (Carillon Series Trust), Investment Sub Advisory Agreement (2nd Vote Funds), Investment Advisory Agreement (Carillon Series Trust)

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

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

Appears in 24 contracts

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

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 23 contracts

Samples: Expense Limitation Agreement (Guinness Atkinson Funds), Expense Limitation Agreement (Guinness Atkinson Funds), Expense Limitation Agreement (Guinness Atkinson Funds)

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: 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 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

Samples: 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 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 (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 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 (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 engages in the business of acting as amended (“Advisers Act”);investment adviser; and

Appears in 21 contracts

Samples: 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 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 18 contracts

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

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

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

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 18 contracts

Samples: Investment Advisory Agreement (NB Crossroads Private Markets Fund VII Holdings LP), Investment Advisory Agreement (NB Crossroads Private Markets Access Fund LLC), Investment Advisory Agreement (NB Crossroads Private Markets Fund VI Holdings LP)

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 Variable Insurance Trust I)

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 17 contracts

Samples: Investment Advisory and Management Agreement (Gladstone Investment Corporation\de), Investment Advisory Agreement (Gladstone Alternative Income Fund), Investment Advisory and Management Agreement (OFS Credit Company, 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 Funds;

Appears in 17 contracts

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

Appears in 16 contracts

Samples: 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

Samples: 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”);; and

Appears in 16 contracts

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

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 16 contracts

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

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

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: 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 14 contracts

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

Samples: 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

Samples: 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, 1940 and serves as amended (“Advisers Act”)the investment adviser to the Fund;

Appears in 13 contracts

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

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

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

Appears in 11 contracts

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

Appears in 11 contracts

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

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

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

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: 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 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 (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

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

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

Samples: 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

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

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 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

Samples: 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 Investment Adviser 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, 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

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

Appears in 8 contracts

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

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

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

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

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

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: 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 (“Advisers Act”);; and

Appears in 7 contracts

Samples: Investment Advisory Agreement (North Country Funds), Investment Advisory Agreement (Johnson Mutual Funds Trust), Investment Advisory Agreement (Advisors Preferred 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 6 contracts

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

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

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

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

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

Appears in 5 contracts

Samples: Distribution Agreement (Buffalo Funds), Distribution Agreement (Buffalo Funds), Distribution Agreement (Buffalo Funds)

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), Investment Advisory Agreement (Matterhorn Growth Fund Inc)

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: 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

Samples: 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 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

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

Appears in 5 contracts

Samples: Investment Sub Advisory Agreement (M Fund Inc), Investment Sub Advisory Agreement (M Fund Inc), Investment Sub Advisory Agreement (M Fund 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 5 contracts

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

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

Samples: 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 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

Samples: Fund Management Agreement, 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 (“Advisers Act”);amended, and any applicable state securities laws; and

Appears in 5 contracts

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

Appears in 5 contracts

Samples: 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)