Common use of OTHER ACTIVITIES NOT RESTRICTED Clause in Contracts

OTHER ACTIVITIES NOT RESTRICTED. Nothing in this Agreement shall prevent the Management Company or any officer thereof from acting as investment adviser for any other person, firm or corporation, nor shall it in any way limit or restrict the Management Company or any of its directors, officers, stockholders or employees from buying, selling, or trading any securities for its own accounts or for the accounts of others for whom it may be acting; provided, however, that the Management Company expressly represents that it will undertake no activities which, in its judgment, will conflict with the performance of its obligations to the Trust under this Agreement. The Trust acknowledges that the Management Company acts as investment adviser to other investment companies, and it expressly consents to the Management Company acting as such; provided, however, that if securities of one issuer are purchased or sold, the purchase or sale of such securities is consistent with the investment objectives of, and, in the opinion of the Management Company, such securities are desirable purchases or sales for the portfolios of the Trust and one or more of such other investment companies at approximately the same time, such purchases or sales will be made on a proportionate basis if feasible, and if not feasible, then on a rotating or other equitable basis.

Appears in 3 contracts

Samples: Investment Advisory Contract (Guggenheim Variable Funds Trust), Investment Advisory Contract (Guggenheim Variable Funds Trust), Investment Advisory Contract (SBL Fund)

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OTHER ACTIVITIES NOT RESTRICTED. Nothing in this Agreement shall prevent the Management Company or any officer thereof from acting as investment adviser for any other person, firm or corporation, nor shall it in any way limit or restrict the Management Company or any of its directors, officers, stockholders or employees from buying, selling, or trading any securities for its own accounts or for the accounts of others for whom it may be acting; provided, however, that the Management Company expressly represents that it will undertake no activities which, in its judgment, will conflict with the performance of its obligations to the Trust Fund under this Agreement. The Trust Fund acknowledges that the Management Company acts as investment adviser to other investment companies, and it expressly consents to the Management Company acting as such; provided, however, that if securities of one issuer are purchased or sold, the purchase or sale of such securities is consistent with the investment objectives of, and, in the opinion of the Management Company, such securities are desirable purchases or sales for the portfolios of the Trust Fund and one or more of such other investment companies at approximately the same time, such purchases or sales will be made on a proportionate basis if feasible, and if not feasible, then on a rotating or other equitable basis.

Appears in 1 contract

Samples: Investment Advisory Contract (SBL Fund)

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OTHER ACTIVITIES NOT RESTRICTED. Nothing in this Agreement shall prevent the Management Company Adviser or any officer thereof from acting as investment adviser for any other person, firm or corporation, nor shall it in any way limit or restrict the Management Company Adviser or any of its directors, officers, stockholders or employees from buying, selling, or trading any securities for its their own accounts or for the accounts of others for whom it they may be acting; provided, however, that the Management Company Adviser expressly represents that it will undertake no activities which, in its judgment, will conflict with the performance of its obligations to the Trust Fund under this Agreement. The Trust acknowledges that the Management Company Adviser acts as investment adviser to other investment companies, and it expressly consents to the Management Company Adviser acting as such; provided, however, that if in the opinion of the Adviser, particular securities of one issuer are purchased or sold, the purchase or sale of such securities is consistent with the investment objectives of, and, in the opinion of the Management Company, such securities are and desirable purchases or sales for the portfolios of the Trust and one or more of such other investment companies or series of such companies at approximately the same time, such purchases or sales will be made on a proportionate basis if feasible, and if not feasible, then on a rotating or other equitable basis.

Appears in 1 contract

Samples: Investment Management Agreement (Guggenheim Funds Trust)

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