Common use of WHEREAS Clause in Contracts

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 444 contracts

Samples: Sub Advisory Agreement (Mutual Fund Series Trust), Sub Advisory Agreement (Locorr Investment Trust), Sub Advisory Agreement (Locorr Investment Trust)

WHEREAS. the Trust is registered as an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 387 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 Trust is an open-end management investment company and is registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 344 contracts

Samples: Investment Advisory Agreement (North Country Funds), Investment Advisory Agreement (Northern Lights Fund Trust Ii), Investment Advisory Agreement (Northern Lights Variable Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 337 contracts

Samples: Mutual Fund Services Agreement (Schwartz Investment Trust), Sub Advisory Agreement (Mutual Fund Series Trust), Fund Accounting Agreement (Hussman Investment Trust)

WHEREAS. the Trust is registered as an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 317 contracts

Samples: Transfer Agent Servicing Agreement (Praxis Funds), Expense Limitation Agreement (Guardian Variable Products Trust), Transfer Agent Servicing Agreement (SP Funds Trust)

WHEREAS. the Trust is registered as an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 273 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 Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 268 contracts

Samples: Investment Sub Advisory Agreement (Listed Funds Trust), Investment Sub Advisory Agreement (ETF Opportunities Trust), Investment Sub Advisory Agreement (ETF Opportunities Trust)

WHEREAS. the Trust is registered as an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 262 contracts

Samples: Class Level Administration Agreement (Allspring Funds Trust), Investment Manager Agreement (City National Rochdale Funds), Class Level Administration Agreement (Allspring Funds Trust)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended 1940 (the "1940 “Investment Company Act"); and

Appears in 216 contracts

Samples: Investment Advisory Agreement (Advisor Managed Portfolios), Investment Advisory Agreement (Series Portfolios Trust), Investment Management Agreement (James Alpha Funds Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 173 contracts

Samples: Administration Agreement (Pacific Select Fund), Investment Advisory Agreement (State Street Institutional Investment Trust), Sub Advisory Agreement (Mutual Fund Series Trust)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 “Investment Company Act"); and

Appears in 157 contracts

Samples: Investment Advisory Agreement (Advisors Series Trust), Investment Advisory Agreement (Advisors Series Trust), Investment Advisory Agreement (Manager Directed Portfolios)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 147 contracts

Samples: Fund Administration and Accounting Agreement (First Trust Exchange-Traded Fund Viii), Fund Administration and Accounting Agreement (First Trust Exchange-Traded Fund Iv), Fund Administration and Accounting Agreement (First Trust Exchange-Traded Fund Iv)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 140 contracts

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

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 135 contracts

Samples: Distribution Agreement (Hussman Investment Trust), Distribution Agreement (Hussman Investment Trust), Distribution Agreement (F/M Funds Trust)

WHEREAS. the Trust is an open-end end, diversified management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 133 contracts

Samples: Investment Advisory Agreement (Vanguard Quantitative Funds), Investment Advisory Agreement (Vanguard Horizon Funds), Investment Advisory Agreement (Vanguard Horizon Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 121 contracts

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

WHEREAS. the Trust is an open-end management investment company which is registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 94 contracts

Samples: Management Services Agreement (Strategy Shares), Management Services Agreement (Strategy Shares), Management Services Agreement (Mutual Fund & Variable Insurance Trust)

WHEREAS. the Trust is an open-end end, diversified management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 94 contracts

Samples: Investment Advisory Agreement (Vanguard Quantitative Funds), Investment Advisory Agreement (Vanguard Scottsdale Funds), Investment Advisory Agreement (Vanguard World Fund)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 88 contracts

Samples: Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust)

WHEREAS. the Trust is an open-end management investment company and is registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 88 contracts

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

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended 1940 (the "1940 Investment Company Act"); and

Appears in 62 contracts

Samples: Investment Advisory Agreement (Professionally Managed Portfolios), Investment Advisory Agreement (Advisors Series Trust), Investment Advisory Agreement (Advisors Series Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 58 contracts

Samples: Shareholder Services Agreement (Brinson Funds Inc), Underwriting Agreement (Midwest Income Trust), Underwriting Agreement (Ameriprime Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act")amended; and

Appears in 57 contracts

Samples: Corporate Services Agreement (DBX Etf Trust), Fund Administration and Accounting Agreement (Third Avenue Trust), Fund Administration and Accounting Agreement (Third Avenue Variable Series Trust)

WHEREAS. the Trust is an open-end end, diversified management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 52 contracts

Samples: Investment Advisory Agreement (Vanguard Variable Insurance Funds), Investment Advisory Agreement (Vanguard Windsor Funds), Shareholder Services Agreement (Vanguard Institutional Index Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 51 contracts

Samples: Master Administrative Services Agreement (Short Term Investments Trust), Master Administrative Services Agreement (Aim Equity Funds), Master Administrative Services Agreement (Aim Variable Insurance Funds)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 50 contracts

Samples: Investment Sub Advisory Agreement (Spinnaker ETF Series), Investment Advisory Agreement (New York Life Investments Active ETF Trust), Investment Sub Advisory Agreement (Cantor Select Portfolios Trust)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 47 contracts

Samples: Investment Advisory Agreement (ETF Series Solutions), Investment Sub Advisory Agreement (RBB Fund, Inc.), Investment Advisory Agreement (ETF Series Solutions)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 44 contracts

Samples: Management Agreement (Prudential Investment Portfolios 5), Management Agreement (Prudential Investment Portfolios 5), Management Agreement (Pgim Etf Trust)

WHEREAS. the Trust is an a registered open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 40 contracts

Samples: Custody Agreement (Nations Funds Trust), Custodian Agreement (Nations Master Investment Trust), Custody Agreement (Nations Institutional Reserves)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 39 contracts

Samples: Distribution Agreement (Williamsburg Investment Trust), Distribution Agreement (Chesapeake Investment Trust), Distribution Agreement (Unified Series Trust)

WHEREAS. the Trust is an open-end management investment company which is registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 38 contracts

Samples: Management Services Agreement (Mutual Fund & Variable Insurance Trust), Chief Compliance Officer Services Agreement (DSS Americafirst Quantitative Funds), Management Services Agreement (Ranger Funds Investment Trust)

WHEREAS. the Trust is an open-end management investment company of the series type which is registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 37 contracts

Samples: Fund Accounting, Dividend Disbursing & Transfer Agent, and Administration Agreement (Capital Management Investment Trust), Dividend Disbursing and Transfer Agent Agreement (Merit Advisors Investment Trust Ii), Fund Accounting, Dividend Disbursing & Transfer Agent, and Administration Agreement (Grandview Investment Trust)

WHEREAS. the Trust is an open-end diversified management investment company registered under the Investment Company Act of 1940, as amended amended, (the "1940 Act"); and

Appears in 37 contracts

Samples: Investment Advisory Agreement (Countrywide Strategic Trust), Investment Advisory Agreement (Touchstone Strategic Trust), Investment Advisory Agreement (Touchstone Tax Free Trust)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Investment Company Act"); and

Appears in 35 contracts

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

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); andamended;

Appears in 34 contracts

Samples: Administration Agreement (Causeway Capital Management Trust), Custody Agreement, Fund Administration and Accounting Services Agreement, Transfer Agency and Service Agreement (Asset Management Fund), Administration Agreement (Causeway Capital Management Trust)

WHEREAS. the Trust is an open-end diversified management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 31 contracts

Samples: Investment Management Agreement (Schwartz Investment Trust), Co Administration Services Agreement (Stewart Capital Mutual Funds), Investment Management Agreement (Schwartz Investment Trust)

WHEREAS. the Trust is an a diversified open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 25 contracts

Samples: Administration Agreement (Us Mid Cap Portfolio), Administration Agreement (BBH Broad Market Fixed Income Portfolio), Administration Agreement (U S Small Co Portfolio /New/)

WHEREAS. the Trust is an open-end management investment company and is registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 25 contracts

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

WHEREAS. the Trust is an open-end management investment company that is registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and;

Appears in 22 contracts

Samples: Fund Accounting and Administration Agreement (Starboard Investment Trust), Fund Accounting and Administration Agreement (Starboard Investment Trust), Fund Accounting and Administration Agreement (Hillman Capital Management Investment Trust)

WHEREAS. the Trust is an open-end end, management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 21 contracts

Samples: Investment Management Agreement (Hatteras Alternative Mutual Funds Trust), Investment Management Agreement (HCIM Trust), Distribution Agreement (JNL Series Trust)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 21 contracts

Samples: Investment Advisory Agreement (XD Fund Trust), Investment Advisory Agreement (Strategic Trust), Co Administration Agreement (ALPS Series Trust)

WHEREAS. the Trust is an open-end end, management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 19 contracts

Samples: Investment Advisory Agreement (Robertson Stephens Investment Trust), Investment Advisory Agreement (Robertson Stephens Investment Trust), Investment Advisory Agreement (Rs Investment Trust)

WHEREAS. the Trust is an a diversified, open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 19 contracts

Samples: Portfolio Manager Agreement (Fulcrum Trust), Investment Management Agreement (Palladian Trust), Portfolio Manager Agreement (Palladian Trust)

WHEREAS. the Trust is an open-end management investment company and is registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 18 contracts

Samples: Rule 12b 1 Distribution Service Plan and Agreement (First Eagle Funds), Interim Investment Advisory Agreement (Northern Lights Fund Trust Iii), Rule 12b 1 Distribution Service Plan and Agreement (First Eagle Funds)

WHEREAS. the Trust is an open-end management investment company of the series type which is registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 18 contracts

Samples: Dividend Disbursing and Transfer Agent Agreement (Modern Capital Funds Trust), Dividend Disbursing and Transfer Agent Agreement (Amplify ETF Trust), Dividend Disbursing and Transfer Agent Agreement (Starboard Investment Trust)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and;

Appears in 18 contracts

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

WHEREAS. the Trust is an open-end management investment company and is so registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 18 contracts

Samples: Distribution Agreement (Usaa Mutual Funds Trust), Distribution Agreement (Amana Mutual Funds Trust), Distribution Agreement (Saturna Investment Trust)

WHEREAS. the Trust is an open-end investment management investment company registered under the Investment Company Act of 1940, as amended (the "1940 “Investment Company Act"); and

Appears in 17 contracts

Samples: Investment Management Agreement (Reserve Funds /Ny/), Comprehensive Fee Investment Management Agreement (Reserve Funds /Ny/), Investment Management Agreement (Reserve Municipal Money Market Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company 1940 Act of 1940, (as amended (the "1940 Act")defined below) and authorized to issue Shares; and

Appears in 17 contracts

Samples: Transfer Agency Agreement (BCM Focus Funds), Transfer Agency Agreement (E-Valuator Funds Trust), Transfer Agency Agreement

WHEREAS. the Trust is an open-end management investment company that is registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 16 contracts

Samples: Fund Accounting and Administration Agreement (Starboard Investment Trust), Fund Accounting and Administration Agreement (Starboard Investment Trust), Fund Accounting and Administration Agreement (Starboard Investment Trust)

WHEREAS. the Trust is an opena closed-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 16 contracts

Samples: Investment Management Agreement (Western Asset Inflation-Linked Opportunities & Income Fund), Compliance Consulting Agreement (Peachtree Alternative Strategies Fund), Administration Agreement (Pomona Investment Fund)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 15 contracts

Samples: Investment Sub Advisory Agreement (Victory Portfolios), Investment Sub Advisory Agreement (Victory Variable Insurance Funds), Investment Sub Advisory Agreement (Victory Portfolios)

WHEREAS. the Trust is an open-end series management investment company company, registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 14 contracts

Samples: Investment Management Agreement (Wm Strategic Asset Management Portfolios), Investment Management Agreement (Wm Variable Trust), Investment Management Agreement (Worldwide Index Funds)

WHEREAS. the Trust is an opena closed-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 14 contracts

Samples: Investor Support Services and Secondary Market Services Agreement (Thornburg Income Builder Opportunities Trust), Transfer Agency Agreement (Goldman Sachs Credit Income Fund), Transfer Agency Agreement (Goldman Sachs Real Estate Diversified Income Fund)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 14 contracts

Samples: Administration Agreement (Century Capital Management Trust), Investment Advisory Agreement (RBC Funds Trust), Investment Advisory Agreement (Tamarack Funds Trust)

WHEREAS. the Trust is an open-end a management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 14 contracts

Samples: Transfer Agency Agreement (Touchstone Variable Series Trust), Compliance Services Agreement (Touchstone Funds Group Trust), I Compliance Services Agreement (Markman Multifund Trust)

WHEREAS. the Trust is an a diversified, open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 13 contracts

Samples: Management Agreement (Advanced Series Trust), Management Agreement (Prudential Investment Portfolios 12), Management Agreement (Prudential Investment Portfolios 9)

WHEREAS. the Trust is an open-end management investment company of the series type which is registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 13 contracts

Samples: Dividend Disbursing and Transfer Agent Agreement (Volt ETF Trust), Etf Dividend Disbursing and Transfer Agent Agreement (Starboard Investment Trust), Dividend Disbursing and Transfer Agent Agreement (Spinnaker ETF Series)

WHEREAS. the Trust is an open-end management investment company and is so registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 13 contracts

Samples: Distribution Agreement (Victory Portfolios IV), Distribution Agreement (Victory Variable Insurance Funds II), Distribution Agreement (Victory Portfolios IV)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 12 contracts

Samples: Administration Agreement (Brookfield Investment Funds), Administration Agreement (Brookfield Investment Funds), Administration Agreement (Brookfield Investment Funds)

WHEREAS. the Trust Trust, is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); andamended;

Appears in 12 contracts

Samples: Investment Advisory Agreement (Cavanal Hill Funds), Custodian Agreement (Cavanal Hill Funds), Shareholder Servicing Agreement (Cavanal Hill Funds)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); , and

Appears in 12 contracts

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

WHEREAS. the Trust is an opena closed-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 12 contracts

Samples: Administration Agreement (Ing Prime Rate Trust), Administration Agreement (Ing Prime Rate Trust), Administration Agreement (Ing Prime Rate Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 12 contracts

Samples: Compliance Services Agreement (Modern Capital Funds Trust), Compliance Services Agreement (USQ Core Real Estate Fund), Service Agreement (Rydex Dynamic Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 12 contracts

Samples: Fund Administration and Accounting Agreement (First Trust Exchange-Traded Alphadex Fund Ii), Fund Administration and Accounting Agreement (First Trust Exchange-Traded Fund Iii), Fund Administration and Accounting Agreement (First Trust Exchange-Traded Fund Vi)

WHEREAS. the Trust is an open-end management investment company company, registered under as such pursuant to the provisions of the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and;

Appears in 11 contracts

Samples: Investment Advisory Agreement (Providian Series Trust), Investment Sub Advisory Agreement (Providian Series Trust), Investment Advisory Agreement (Providian Series Trust)

WHEREAS. the Trust is an opena non-end diversified management investment company and is registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 11 contracts

Samples: Investment Management Agreement (Reserve Tax Exempt Trust), Investment Management Agreement (Reserve Tax Exempt Trust), Investment Management Agreement (Reserve New York Tax Exempt Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "" 1940 Act"); and

Appears in 11 contracts

Samples: Distribution Agreement (Appleton Funds), Custody Agreement (Westport Funds), Investment Advisory Agreement (Financial Investors Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company 1940 Act of 1940, (as amended (the "1940 Act")defined below) and is authorized to issue Shares; and

Appears in 11 contracts

Samples: Administration and Fund Accounting Agreement (BCM Focus Funds), Administration and Fund Accounting Agreement (Vericimetry Funds), Administration and Fund Accounting Agreement (Destra Investment Trust)

WHEREAS. the Trust is an a diversified open-end investment management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 11 contracts

Samples: Shareholder Servicing Agreement (Fleming Mutual Fund Group Inc), Shareholder Servicing Agreement (Jp Morgan Funds), Shareholder Servicing Agreement (Undiscovered Managers Funds)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 10 contracts

Samples: Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended 1940 (the "1940 Investment Company Act"); and;

Appears in 10 contracts

Samples: Investment Advisory Agreement (Kinetics Portfolios Trust), Investment Advisory Agreement (Kinetics Portfolios Trust), Investment Advisory Agreement (Kinetics Portfolios Trust)

WHEREAS. the Trust is an open-end end, diversified management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 10 contracts

Samples: Shareholder Services Agreement (Vanguard CMT Funds), Management and Distribution Agreement (Vanguard CMT Funds), Sub Advisory Agreement (Vanguard Whitehall Funds)

WHEREAS. the Trust is an open-end management investment company and is so registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 9 contracts

Samples: Distribution Agreement (Weiss Fund), Distribution Agreement (Weiss Fund), Distribution Agreement (Victory Portfolios)

WHEREAS. the Trust is an open-end series management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 9 contracts

Samples: Investment Management Agreement (Composite Bond & Stock Fund Inc), Investment Management Agreement (Wm Trust Ii), Investment Management Agreement (Composite Bond & Stock Fund Inc)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 9 contracts

Samples: Operating Services Agreement (Direxion Shares ETF Trust), Operating Services Agreement (Direxion Shares ETF Trust), Operating Services Agreement (Direxion Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act")”) and the Funds are series thereof; and

Appears in 9 contracts

Samples: Expense Assumption Agreement (Allspring Funds Trust), Expense Assumption Agreement (Allspring Funds Trust), Expense Assumption Agreement (Allspring Funds Trust)

WHEREAS. the Trust is registered as an open-end end, diversified, management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 9 contracts

Samples: Investment Advisory Agreement (Huntington Funds /Ma/), Investment Advisory Agreement (Monitor Funds), Investment Advisory Agreement (Huntington Funds /Ma/)

WHEREAS. the Trust is an open-end management investment company which is registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 8 contracts

Samples: Administrative Services Agreement (Virtus ETF Trust II), Administrative Services Agreement (Hays Series Trust), Administrative Services Agreement (ETFis Series Trust I)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 8 contracts

Samples: Joint Fidelity Bond Agreement (James Advantage Funds), Joint Fidelity Bond Agreement (James Advantage Funds), Joint Fidelity Bond Agreement (James Advantage Funds)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 8 contracts

Samples: Investment Advisory Agreement (RBC Funds Trust), Investment Advisory Agreement (RBC Funds Trust), Investment Advisory Agreement (RBC Funds Trust)

WHEREAS. the Trust is an open-end management investment company company, registered as such under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 8 contracts

Samples: Investment Management Agreement (California Investment Trust), Management Agreement (Franklin Managed Trust), Management Agreement (Franklin Managed Trust)

WHEREAS. the Trust is an open-end management investment company company, registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 8 contracts

Samples: Investment Advisory Agreement (BPV Family of Funds), Investment Sub Advisory Agreement (BPV Family of Funds), Investment Advisory Agreement (GraniteShares ETF Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 7 contracts

Samples: Investment Advisory Agreement (Ubs Investor Portfolios Tr), Investment Advisory Agreement (Ubs Investor Portfolios Tr), Investment Advisory Agreement (Ubs Investor Portfolios Tr)

WHEREAS. the Trust is an open-end management investment company registered under State Mortgage Regulators and Nationstar enter into this Agreement with the Investment Company Act of 1940understanding that the State Attorneys Generals, as amended plaintiffs, have entered a Consent Judgment with Nationstar in the United States District Court for the District of Columbia (the "1940 Act"); and“AG Consent Judgment”) in coordination with this Agreement.

Appears in 7 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 7 contracts

Samples: Fee and Expense Agreement (Allspring Variable Trust), Fee and Expense Agreement (Allspring Variable Trust), Fee and Expense Agreement (Allspring VARIABLE TRUST)

WHEREAS. the Trust is an a registered open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 7 contracts

Samples: Custody Agreement (Morgan Grenfell Investment Trust), Administrative Services Agreement (E Trade Funds), Administrative Services Agreement (E Trade Funds)

WHEREAS. the Trust is an opena closed-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 7 contracts

Samples: Master Administrative Services Agreement (Aim Floating Rate Fund), Master Administrative Services Agreement (Aim Floating Rate Fund), Administrative Services Agreement (Aim Select Real Estate Income Fund)

WHEREAS. the Trust is an open-end management investment company and is so registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 7 contracts

Samples: Subadvisory Agreement (U S Global Accolade Funds), Interim Subadvisory Agreement (U S Global Accolade Funds), Subadvisory Agreement (U S Global Accolade Funds)

WHEREAS. the Trust is an open-end management investment company which is registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"); and

Appears in 7 contracts

Samples: Transfer Agent Agreement (CMG Institutional Investors Trust), Transfer Agent Agreement (Cadre Institutional Investors Trust), Transfer Agent Agreement (Alpine Income Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Investment Company Act"); and

Appears in 7 contracts

Samples: Investment Advisory Agreement (Ubs Relationship Funds), Investment Advisory Agreement (Brinson Relationship Funds), Investment Advisory Agreement (Brinson Relationship Funds)

WHEREAS. the Trust is an a diversified, open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and;

Appears in 7 contracts

Samples: Management Agreement (Strategic Partners Asset Allocation Funds), Management Agreement (Prudential Diversified Funds), Management Agreement (Prudential Institutional Fund)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 1940, as amended (the "1940 the"1940 Act"); and

Appears in 7 contracts

Samples: Custody Agreement (Ips Funds), Custody Agreement (1 800 Mutuals Advisor Series), Custody Agreement (CCM Advisors Funds)

WHEREAS. the Trust is an open-end end, management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 7 contracts

Samples: Distribution Agreement (JNL Investors Series Trust), Distribution Agreement (JNL Investors Series Trust), Distribution Agreement (JNL Investors Series Trust)

WHEREAS. the Trust is an open-end management investment company registered under the Investment Company Act of 19401940 Act, as amended (the "1940 Act"); anddefined below, and is authorized to issue Shares;

Appears in 7 contracts

Samples: Distribution Agreement (Investment Managers Series Trust), Distribution Agreement (BCM Focus Funds), Distribution Agreement (E-Valuator Funds Trust)

WHEREAS. the Trust is an open-end end, management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and

Appears in 6 contracts

Samples: Management Agreement (Strategic Partners Series), Management Agreement (Strategic Partners Series), Management Agreement (Prudential Tax Managed Funds)

WHEREAS. the Trust is an open-end management a registered investment company registered under the Investment Company Act of 1940, as amended amended, (the "1940 Act"); and;

Appears in 6 contracts

Samples: Fund Risk Management and Oversight Agreement (Advisers Investment Trust), Fund Risk Management and Oversight Services Agreement (Advisers Investment Trust), Fund Risk Management and Oversight Services Agreement (Advisers Investment Trust)

WHEREAS. the Trust is an open-end end, management investment company registered under the Investment Company Act of 1940, as amended (the "1940 Act"); and.

Appears in 6 contracts

Samples: Distribution Agreement (JNL Series Trust), Distribution Agreement (JNL Series Trust), Distribution Agreement (JNL Series Trust)

WHEREAS. the Trust is an open-end end, diversified management investment company registered under the Investment Company Act of 1940, as amended (the "?1940 Act"?); and

Appears in 6 contracts

Samples: Sub Advisory Agreement (Vanguard World Fund), Investment Advisory Agreement (Vanguard World Fund), Investment Advisory Agreement (Vanguard World Fund)