Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 329 contracts
Sources: Sub Advisory Agreement (Voya Enhanced Securitized Income Fund), Sub Advisory Agreement (Voya Enhanced Securitized Income Fund), Sub Advisory Agreement (Voya EQUITY TRUST)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 93 contracts
Sources: Administrative Services Agreement (Virtus ETF Trust II), Chief Compliance Officer Services Agreement (DSS Americafirst Quantitative Funds), Chief Compliance Officer Services Agreement (Forester Funds Inc)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by in accordance with applicable law.
Appears in 91 contracts
Sources: Investment Subadvisory Agreement (Savos Investments Trust), Investment Advisory Agreement (Consulting Group Capital Markets Funds), Interim Investment Advisory Agreement (Consulting Group Capital Markets Funds)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Trust's outstanding voting securities.
Appears in 88 contracts
Sources: Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust)
Amendments. No provision provisions of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as in the manner required by applicable lawthe 1940 Act.
Appears in 88 contracts
Sources: Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc), Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc), Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc)
Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 82 contracts
Sources: Loan Agreement (Elevate.Money REIT I, Inc.), Mezzanine Loan Agreement (Landwin Realty Trust, Inc.), Condominium Purchase Agreement
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Trust’s outstanding voting securities.
Appears in 82 contracts
Sources: Investment Sub Advisory Agreement (Cantor Select Portfolios Trust), Investment Sub Advisory Agreement (Cantor Select Portfolios Trust), Investment Sub Advisory Agreement (Starboard Investment Trust)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only except by an instrument in writing signed by the party against which an enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 79 contracts
Sources: Distribution Agreement (Capitol Series Trust), Distribution Agreement (Capitol Series Trust), Distribution Agreement (Capitol Series Trust)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 73 contracts
Sources: Administration Agreement (BofA Funds Series Trust), Administration Agreement (Columbia Funds Series Trust), Administration Agreement (Nations Separate Account Trust)
Amendments. No provision of Neither this Agreement nor any provision hereof may be changedamended, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the changeamendment, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 68 contracts
Sources: Software Purchase Agreement (Nexscient, Inc.), Securities Purchase Agreement (Sekur Private Data Ltd.), Loan Agreement (Versus Systems Inc.)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund’s outstanding voting securities.
Appears in 58 contracts
Sources: Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust), Sub Advisory Agreement (Timothy Plan)
Amendments. No provision of this This Agreement may not be changedamended, waivednor shall any waiver, discharged change, modification, consent or terminated orally, but only discharge be effected except by an instrument in writing signed executed by or on behalf of the party against which whom enforcement of the any waiver, change, waivermodification, consent or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 49 contracts
Sources: Employment Agreement (Environmental Impact Acquisition Corp), Employment Agreement (Biotech Products Services & Research, Inc.), Employment Agreement (MODERN HOLDINGS Inc)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund's outstanding voting securities.
Appears in 39 contracts
Sources: Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust)
Amendments. No provision of this Agreement may shall be changedaltered, waivedamended, discharged revoked or terminated orally, but only waived except by an instrument in writing signed by the party against which enforcement of the changesought to be charged with such amendment, revocation or waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 36 contracts
Sources: Employment Agreement, Employment Agreement (Array Biopharma Inc), Employment Agreement (Nivalis Therapeutics, Inc.)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund's outstanding voting securities.
Appears in 32 contracts
Sources: Investment Advisory Agreement (Legg Mason Global Trust Inc), Advisory Agreement (Legg Mason Investors Trust Inc), Investment Advisory Agreement (Legg Mason Charles Street Trust Inc)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall will be effective with respect to any Fund until approved as required by applicable lawvote of the holders of a majority of the Fund’s outstanding voting securities.
Appears in 30 contracts
Sources: Investment Advisory Agreement (Horizon Funds), Investment Advisory Agreement (Horizon Funds), Investment Advisory Agreement (Horizon Funds)
Amendments. No provision modification, waiver, amendment, discharge or change of this Agreement may shall be changed, waived, discharged or terminated orally, but only by an instrument valid unless the same is in writing and signed by the party against which whom the enforcement of the changesuch modification, waiver, amendment, discharge or termination change is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 28 contracts
Sources: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (UWM Holdings Corp)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . A written amendment of this Agreement shall be is effective until approved as required by applicable lawupon the approval of the Board of Directors/Trustees and the Manager.
Appears in 27 contracts
Sources: Allocation Agreement (Voya EQUITY TRUST), Allocation Agreement (Voya EQUITY TRUST), Allocation Agreement (Voya Enhanced Securitized Income Fund)
Amendments. No provision of this This Agreement may not be changed, waivedamended, discharged terminated or terminated superseded orally, but only by an agreement in writing, nor may any of the provisions hereof be waived orally, but only by an instrument in writing writing, in any such case signed by the party against which whom enforcement of the any change, amendment, termination, waiver, modification, extension or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 25 contracts
Sources: Employment Agreement (Boxlight Corp), Employment Agreement (Boxlight Corp), Employment Agreement (Boxlight Corp)
Amendments. No term or provision of this Agreement may be amended, changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which the enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 25 contracts
Sources: Non Exclusive Aircraft Lease Agreement (Carlyle Group Inc.), Non Exclusive Aircraft Lease Agreement, Aircraft Lease Agreement
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by telephone or by any other means except by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 24 contracts
Sources: Purchase and Sale Agreement, Indemnification & Liability (Carter Validus Mission Critical REIT II, Inc.), Commercial Real Estate Term Note (Amphastar Pharmaceuticals, Inc.)
Amendments. No provision of this This Agreement may not be changedamended, waivednor shall any waiver, discharged change, modification, consent or terminated orallydischarge be effected, but only except by an instrument in writing signed executed by or on behalf of the party against which whom enforcement of the changeany amendment, waiver, change, modification, consent or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 23 contracts
Sources: Stock Purchase Agreement, Transaction Agreement (RMR Group Inc.), Purchase and Sale Agreement (Adcare Health Systems, Inc)
Amendments. No provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge discharge, or termination is sought, and no material amendment of this Agreement shall be effective until approved except as required permitted by applicable lawlaw and the prior written approval of the Adviser and the Board.
Appears in 19 contracts
Sources: Sub Sub Advisory Agreement (MassMutual Access Pine Point Fund), Sub Sub Advisory Agreement (MML Series Investment Fund II), Sub Sub Advisory Agreement (Massmutual Premier Funds)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orallyterminated, but only except by an instrument in writing signed by the party against which whom an enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 17 contracts
Sources: Transfer Agency Agreement (Kent Funds), Fund Accounting Agreement (Kent Funds), Fund Accounting Agreement (Kent Funds)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund’s outstanding voting securities.
Appears in 14 contracts
Sources: Investment Advisory Agreement (Legg Mason Global Asset Management Trust), Investment Advisory and Management Agreement (Legg Mason Global Asset Management Trust), Investment Advisory and Management Agreement (Legg Mason Global Asset Management Trust)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Trust, Series and/or Class shall be effective until approved as required by applicable lawthe Board.
Appears in 13 contracts
Sources: Administration Agreement (Carillon Series Trust), Administration Agreement (American Beacon Funds), Administration Agreement (American Beacon Funds)
Amendments. No term or provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawboth parties.
Appears in 11 contracts
Sources: Aircraft Time Sharing Agreement (Chubb LTD), Aircraft Time Sharing Agreement, Aircraft Time Sharing Agreement (Bank of America Corp /De/)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Series shall be effective until approved as by the Board and such Series shareholders to the extent required by applicable lawthe 1940 Act.
Appears in 10 contracts
Sources: Investment Advisory Agreement (Carillon Series Trust), Investment Advisory Agreement (Carillon Series Trust), Investment Advisory Agreement (Carillon Series Trust)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orallyterminated, but only except by an instrument in writing signed by the party or parties against which whom an enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 10 contracts
Sources: Sub Investment Advisory Agreement (Infinity Mutual Funds Inc), Sub Investment Advisory Agreement (Infinity Mutual Funds Inc), Sub Investment Advisory Agreement (Amsouth Mutual Funds)
Amendments. No provision of Neither this Agreement nor any of its provisions may be changed, waivedamended, modified, waived or discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiveramendment, modification, waiver or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 10 contracts
Sources: Loan Agreement (WORTHPOINT Corp), Commercial Security Agreement (Dailey Petroleum Services Corp), Commercial Security Agreement (Dailey Petroleum Services Corp)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved with such approvals as required by applicable law.
Appears in 10 contracts
Sources: Investment Advisory Agreement (Aston Funds), Investment Advisory Agreement (Aston Funds), Investment Advisory Agreement (Highbury Financial Inc)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no amendment of this Agreement shall be effective with respect to a Fund until approved as by a vote of a majority of the outstanding voting securities of such Fund, if such approval is required by applicable law.
Appears in 9 contracts
Sources: Sub Advisory Agreement (Atlas Assets Inc), Subadvisory Agreement (Atlas Assets Inc), Subadvisory Agreement (Atlas Funds)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a the Trust or a Fund shall be effective until approved as required by applicable lawthe Board.
Appears in 8 contracts
Sources: Administrative Services Agreement (U S Global Investors Inc), Administrative Services Agreement (Us Global Investors Funds), Administrative Services Agreement (U S Global Investors Inc)
Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 7 contracts
Sources: Building Loan Agreement (Spurlock Industries Inc), Building Loan Agreement (Angiodynamics Inc), Building Loan Contract (Mechanical Technology Inc)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and and, to the extent required by law, no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund’s outstanding voting securities.
Appears in 7 contracts
Sources: Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement as to the Fund shall be effective until approved as by vote of a majority of the Fund’s outstanding voting securities, if required by the 1940 Act or other applicable law.
Appears in 7 contracts
Sources: Investment Advisory Agreement (Centre Funds), Investment Advisory Agreement (Centre Funds), Investment Advisory Agreement (Centre Funds)
Amendments. No provision of this Agreement may be changedamended, waivedwaived or discharged unless such waiver, discharged amendment or terminated orally, but only by an instrument discharge is agreed to in writing and signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawparties.
Appears in 6 contracts
Sources: Employment Agreement (Logimetrics Inc), Stockholders Agreement (Logimetrics Inc), Stockholders Agreement (Logimetrics Inc)
Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 6 contracts
Sources: Loan Agreement (Starfighters Space, Inc.), Revolving Loan Agreement, Revolving Loan Agreement (Superior Uniform Group Inc)
Amendments. No provision of this Agreement may be changed, waiveddischarged, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 6 contracts
Sources: Sub Administration Agreement (Morgan Stanley Institutional Fund Inc), Fund Accounting and Administration Agreement (Security Capital Employee Reit Fund Inc), Fund Accounting and Administration Agreement (Security Capital Real Estate Mutual Funds Inc)
Amendments. No provision of this Agreement agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no amendment of this Agreement shall be effective until approved as by a vote of a majority of the outstanding voting securities of the Global Series, if such approval is required by applicable law.
Appears in 6 contracts
Sources: Portfolio Management Agreement (Fremont Mutual Funds Inc), Portfolio Management Agreement (Fremont Mutual Funds Inc), Portfolio Management Agreement (Fremont Mutual Funds Inc)
Amendments. No provision Except as specifically provided herein, neither this Agreement, nor any of this Agreement its term or provisions, may be changed, waived, discharged or terminated orallyterminated, but only except by an a written instrument in writing signed by the party against which the enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 6 contracts
Sources: Signatory Lease and Operating Agreement, Signatory Lease and Operating Agreement, Signatory Lease and Operating Agreement
Amendments. No term or provision of this Agreement may be changed, waivedamended, discharged or terminated orally, but only except by an instrument in writing signed by the party against which the enforcement of the change, waiveramendment, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 6 contracts
Sources: Standby Guarantee Agreement (Clay Thomas Moragne), Standby Guarantee Agreement (Imperial Metals Corp), Standby Guarantee Agreement (Golden Queen Mining Co LTD)
Amendments. No provision modification, waiver, amendment, discharge or change of this Agreement may shall be changed, waived, discharged or terminated orally, but only by an instrument valid unless the same is in writing and signed by the party against which the enforcement of the changesaid modification, waiver, amendment, discharge or termination change is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 6 contracts
Sources: Independent Director Agreement (QKL Stores Inc.), Board Member Agreement (Gulf Resources, Inc.), Board Member Agreement (Gulf Resources, Inc.)
Amendments. No provision of this Agreement may be changedamended, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the changeamendment, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 5 contracts
Sources: Loan Consolidation Agreement (Consolidated Envirowaste Industries Inc), Convertible Loan Agreement (Idaho Consolidated Metals Corp), Convertible Loan Agreement (Idaho Consolidated Metals Corp)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund's outstanding voting securities.
Appears in 5 contracts
Sources: Certificate of Amendment of Certificate of Trust (Berkshire Funds), Investment Advisory Agreement (Firstmark Partners), Investment Advisory Agreement (Tristar Investment Trust)
Amendments. No Subject to the provisions of the Act, no provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 5 contracts
Sources: Investment Advisory Agreement (Centaur Mutual Funds Trust), Investment Advisory Agreement (Centaur Mutual Funds Trust), Investment Advisory Agreement (Centaur Mutual Funds Trust)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no material amendment of this Agreement shall be effective with respect to a Fund until approved as by a vote of a majority of the outstanding voting securities of such Fund, if such approval is required by applicable law.
Appears in 5 contracts
Sources: Subadvisory Agreement (Atlas Funds), Sub Advisory Agreement (Atlas Assets Inc), Subadvisory Agreement (Atlas Funds)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved in accordance with the requirements of the 1940 Act, as required such requirements may be modified by applicable lawrule, regulation, order or guidance of the SEC or its staff.
Appears in 5 contracts
Sources: Subadvisory Agreement (Clearwater Investment Trust), Subadvisory Agreement (Clearwater Investment Trust), Subadvisory Agreement (Clearwater Investment Trust)
Amendments. No provision of this Agreement may be changed, waived---------- discharged, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 5 contracts
Sources: Fund Accounting and Administration Agreement (Security Capital U S Real Estate Shares Inc), Fund Accounting and Administration Agreement (Security Capital U S Real Estate Shares Inc), Fund Accounting and Administration Agreement (Security Capital U S Real Estate Shares Inc)
Amendments. No provision of this Agreement may be changedmodified, waivedwaived or discharged unless such waiver, discharged modification or terminated orally, but only discharge is approved by an instrument the parties hereto and agreed to in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawsuch parties.
Appears in 5 contracts
Sources: Stock Purchase and Share Exchange Agreement (Empire Global Corp.), Stock Purchase Agreement (Compliance Systems Corp), Stock Purchase Agreement (Compliance Systems Corp)
Amendments. No provision of this Agreement may shall be changed, waived, discharged or terminated orallyamended, but only except by an instrument in writing signed by the party against which enforcement of the changewhom any such waiver, waivermodification, discharge or termination amendment is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 4 contracts
Sources: Offshore Securities Subscription Agreement (American International Petroleum Corp /Nv/), Offshore Securities Subscription Agreement (American International Petroleum Corp /Nv/), Offshore Securities Subscription Agreement (Krantor Corp)
Amendments. No provision of this This Agreement may shall not be changedamended, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the changeamendment, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 4 contracts
Sources: Loan Agreement (Hybrid Technologies Inc.), Loan Agreement (Li-Ion Motors Corp.), Loan Agreement (Li-on Motors Corp.)
Amendments. No provision of Neither this Agreement nor any provision hereof may be amended, changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 4 contracts
Sources: Construction Loan Agreement, Loan Agreement (Investors Real Estate Trust), Construction and Term Loan Agreement (Investors Real Estate Trust)
Amendments. No provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Trust's outstanding voting securities.
Appears in 4 contracts
Sources: Investment Advisory Agreement (Cm Advisers Family of Funds), Investment Advisory Agreement (NCM Capital Investment Trust), Investment Advisory Agreement (Tilson Investment Trust)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 4 contracts
Sources: Sub Advisory Agreement (Ing Series Fund Inc), Sub Advisory Agreement (Ing Series Fund Inc), Sub Advisory Agreement (Ing Series Fund Inc)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Funds' outstanding voting securities.
Appears in 3 contracts
Sources: Investment Advisory Agreement (Amidex Funds Inc), Investment Advisory Agreement (Amidex Funds Inc), Investment Advisory Agreement (Amidex Funds Inc)
Amendments. No provision of this Agreement may be changed, waived, ---------- discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 3 contracts
Sources: Co Administration Agreement (Nations Funds Trust), Co Administration Agreement (Nations Master Investment Trust), Co Administration Agreement (Nations Separate Account Trust)
Amendments. No term or provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which whom the enforcement of the such change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 3 contracts
Sources: Rebate Agreement (Consumers Us Inc), Rebate Agreement (Consumers Us Inc), Strategic Supply Agreement (Consumers Us Inc)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . No amendment of this Agreement shall be effective until approved as required by applicable lawvote of a majority of the outstanding voting securities of the Fund.
Appears in 3 contracts
Sources: Sub Advisory Agreement (Allegiant Funds), Sub Advisory Agreement (Allegiant Funds), Sub Advisory Agreement (Allegiant Funds)
Amendments. No provision of this Agreement may be amended, changed, waived, discharged discharged, or terminated orally, but only except by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 3 contracts
Sources: Lease Agreement (1847 Goedeker Inc.), Subordination, Nondisturbance and Attornment Agreement, Subordination, Nondisturbance and Attornment Agreement
Amendments. No provision of this Agreement may be changed, waived, discharged or ---------- terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 3 contracts
Sources: Co Administration Agreement (Nations Master Investment Trust), Co Administration Agreement (Nations Funds Trust), Co Administration Agreement (Nations Funds Trust)
Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement endorsement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 3 contracts
Sources: License Agreement (Sforza Enterprises Inc), License Agreement (Sforza Enterprises Inc), License Agreement (Sforza Enterprises Inc)
Amendments. No Except as otherwise expressly provided herein, no provision of this Agreement may be changedmodified, waived, discharged waived or terminated orally, but only except by an instrument agreement in writing signed executed by the party against which enforcement of the changewhom such modification, waiver, discharge waiver or termination is sought, and no amendment of this Agreement shall sought to be effective until approved as required by applicable lawenforced.
Appears in 3 contracts
Sources: Proposal Agreement for Producers, Proposal Agreement for Producers, Proposal Agreement for Producers
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no amendment of this Agreement shall be effective until approved as by a vote of a majority of the outstanding voting securities of the Fund, if such approval is required by applicable law.
Appears in 3 contracts
Sources: Subadvisory Agreement (Atlas Funds), Subadvisory Agreement (Atlas Assets Inc), Subadvisory Agreement (Atlas Assets Inc)
Amendments. No provision of Neither this Agreement nor any term or provision hereof may be changed, waived, waived or discharged or terminated orally, but only by an instrument in writing signed by the party against which the enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 3 contracts
Sources: Operator Management Agreement (Digital Cinema Destinations Corp.), Management Services Agreement (Cinemark Inc), Management Services Agreement (Cinemark Inc)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only except by an instrument in writing signed by the party against which all enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 3 contracts
Sources: Distribution Agreement (Excelsior Institutional Trust), Distribution Agreement (Excelsior Funds Trust), Distribution Agreement (Excelsior Institutional Trust)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Fund shall be effective until approved as by the Board and such Fund shareholders to the extent required by applicable lawthe 1940 Act.
Appears in 3 contracts
Sources: Management Agreement (American Beacon Funds), Management Agreement (American Beacon Funds), Management Agreement (American Beacon Funds)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . No amendment of this Agreement shall be effective until approved as by vote of a majority of the outstanding voting securities of the Fund to the extent required by applicable lawunder the 1940 Act.
Appears in 3 contracts
Sources: Sub Advisory Agreement (PNC Funds), Sub Advisory Agreement (Allegiant Funds), Sub Advisory Agreement (Allegiant Funds)
Amendments. No term or provision of this Agreement may be amended, changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which the enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 3 contracts
Sources: Aircraft Dry Lease Agreement (Cloudastructure, Inc.), Aircraft Lease Agreement, Aircraft Lease Agreement (U-Store-It Trust)
Amendments. No provision of Neither this Agreement nor any provisions hereof may be changedwaived, waivedmodified, amended, discharged or terminated orallyterminated, but only except by an instrument in writing signed by the party against which whom the enforcement of the changesuch waiver, waivermodification, amendment, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawthen only to the extent set forth in such instrument.
Appears in 3 contracts
Sources: Consulting Services Agreement (Red Cat Holdings, Inc.), Executive Employment Agreement (Red Cat Holdings, Inc.), Consulting Services Agreement (Artistdirect Inc)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Fund shall be effective until approved as by the Board and such Fund’s shareholders to the extent required by applicable lawthe 1940 Act.
Appears in 3 contracts
Sources: Investment Advisory Agreement (PineBridge Mutual Funds), Investment Advisory Agreement (Chou America Mutual Funds), Investment Advisory Agreement (PineBridge Mutual Funds)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . A written amendment of this Agreement shall be is effective until approved as required by applicable lawupon the approval of each Board and the Manager.
Appears in 3 contracts
Sources: Allocation Agreement (Ing Vp Bond Portfolio), Allocation Agreement (Ing Series Fund Inc), Allocation Agreement (Ing Vp Money Market Portfolio)
Amendments. No provision of this This Agreement may not be changed, waived, changed or discharged or terminated orally, but only by an instrument agreement in writing and signed by the party against which enforcement of the changeSecured Party, and any oral waiver, change or discharge or termination is sought, and no amendment of any provision of this Agreement shall be effective until approved as required by applicable lawwithout authority and of no force and effect.
Appears in 3 contracts
Sources: Security Agreement (Green Mountain Coffee Inc), Security Agreement (Presstek Inc /De/), Security Agreement (Presstek Inc /De/)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of each Fund’s outstanding voting securities.
Appears in 2 contracts
Sources: Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust)
Amendments. No provision of this This Agreement may not be changed, waived, discharged or terminated orally, but only by an instrument in writing writing, signed by the party against which enforcement of the such change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 2 contracts
Sources: Executive Employment Agreement (Mavenir Private Holdings II Ltd.), Independent Contractor Non Disclosure and Non Competition Agreement (Speaking Roses International Inc)
Amendments. No provision None of the terms or provisions of this Agreement may be changed, waived, modified, discharged or terminated orally, but only except by an instrument in writing signed executed by the party or parties against which whom enforcement of the change, waiver, modification, discharge or termination is sought, and no amendment asserted. None of the terms or provisions of this Agreement shall be effective until approved as required deemed to have been abrogated or waived by applicable lawreason of any failure or failures to enforce the same.
Appears in 2 contracts
Sources: Loan Agreement (LiquidValue Development Inc.), Loan Agreement (HF Enterprises Inc.)
Amendments. No provision provisions of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 2 contracts
Sources: Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc), Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc)
Amendments. No provision of this Agreement may be changed, waived, ---------- discharged or terminated orally, but only except by an instrument in writing signed by the party against which an enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 2 contracts
Sources: Distribution Agreement (Unified Series Trust), Distribution Agreement (Unified Series Trust)
Amendments. No provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Trust’s outstanding voting securities.
Appears in 2 contracts
Sources: Investment Sub Advisory Agreement (Spinnaker ETF Series), Investment Sub Advisory Agreement (Spinnaker ETF Series)
Amendments. No provision of this Agreement may be changed, waived, ---------- discharged or terminated orally, but only by telephone or by any other means except by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 2 contracts
Sources: Assignment of Leases and Rents (JDN Realty Corp), Indemnity Agreement (Harrys Farmers Market Inc)
Amendments. No provision of Neither this Agreement nor any term or provision hereof may be changed, waived, discharged or terminated orally, but only except by an instrument in writing signed by the party against which the enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement
Amendments. No provision of this Agreement may be changedwaived, waivedmodified, amended, discharged or terminated orallyterminated, but only except by an instrument in writing signed by the party against which whom the enforcement of the changesuch waiver, waivermodification, amendment, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawthen only to the extent set forth in such instrument.
Appears in 2 contracts
Sources: Exclusive Right Agreement, Exclusive Right Agreement
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . A written amendment of this Agreement shall be is effective until approved as required by applicable lawupon the approval of the Board of Managers.
Appears in 2 contracts
Sources: Joint Errors & Omissions Liability Insurance Agreement (Torrey International Strategy Partners LLC), Joint Errors & Omissions Liability Insurance Agreement (Torrey Us Strategy Partners LLC)
Amendments. No provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall will be effective until approved as required in a manner consistent with the 1940 Act and rules and regulations under the 1940 Act and any applicable SEC exemptive order from such rules and regulations. Any such instrument signed by applicable law.the Fund must be (a) approved by the vote of a majority of
Appears in 2 contracts
Sources: Investment Management Agreement (Fundrise Growth Tech Interval Fund, LLC), Investment Management Agreement (Fundrise Income Real Estate Fund, LLC)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orallyterminated, but only except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of parties to this Agreement shall be effective until approved as required by applicable lawAgreement.
Appears in 2 contracts
Sources: Sub Administration Agreement (Pacific Capital Funds), Administration Agreement (Pacific Capital Funds)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . No material amendment of to this Agreement shall be effective with respect to any Fund until approved as required by applicable lawthe Board of Directors of that Fund.
Appears in 2 contracts
Sources: Sub Administration Agreement (Legg Mason Global Asset Management Trust), Sub Administration Agreement (Legg Mason Global Asset Management Trust)
Amendments. No provision of this Agreement agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no amendment of this Agreement shall be effective until approved as by a vote of a majority of the outstanding voting securities of the International Growth Series, if such approval is required by applicable law.
Appears in 2 contracts
Sources: Portfolio Management Agreement (Fremont Mutual Funds Inc), Portfolio Management Agreement (Fremont Mutual Funds Inc)
Amendments. No provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by in accordance with applicable law.
Appears in 2 contracts
Sources: Sub Advisory Agreement (Robertson Stephens Investment Trust), Sub Advisory Agreement (Robertson Stephens Investment Trust)
Amendments. No provision of this Agreement agreement may be changed, waived, discharged changed or terminated modified, or the discharge thereof acknowledged orally, but only by an instrument agreement in writing signed by the party against which the enforcement of the any waiver, change, waiver, modification or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Align Technology Inc), Stock Purchase Agreement (Danaher Corp /De/)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by in a manner consistent with the 1940 Act, rules and regulations thereunder and any applicable lawSEC or SEC staff guidance or interpretation.
Appears in 2 contracts
Sources: Investment Advisory Agreement (Crossmark ETF Trust), Investment Advisory Agreement (Steward Funds, Inc.)
Amendments. No provision of this This Agreement may not be changedmodified, amended, or discharged, and no provision hereof may be waived, discharged or terminated orally, but only except by an instrument in writing signed and duly executed by an authorized signatory for the party Party against which whom enforcement of the changeamendment, waivermodification, discharge discharge, or termination waiver is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 2 contracts
Sources: Master Attachment Agreement, Master Attachment Agreement
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no material amendment of this Agreement shall be effective with respect to a Portfolio until approved as required by applicable lawvote of the holders of a majority of the outstanding voting securities of that Portfolio.
Appears in 2 contracts
Sources: Investment Advisory and Management Agreement (Western Asset Trust Inc), Investment Advisory and Management Agreement (Western Asset Trust Inc)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . No material amendment of to this Agreement shall be effective until approved as required by applicable lawthe Board of Trustees of the Fund.
Appears in 2 contracts
Sources: Sub Administration Agreement (ActiveShares ETF Trust), Sub Administration Agreement (ActiveShares ETF Trust)
Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waivedamended, modified, waived or discharged orally or terminated orallyby any course of dealing, but only by an instrument in writing signed by the party against which enforcement of the change, waiveramendment, modification, waiver or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 2 contracts
Sources: Real Estate Contract and Development Agreement, Real Estate Contract and Development Agreement
Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment in the case of this Agreement shall be effective until the Lenders, which is approved as required by applicable lawprovided in Section 7.2 hereof.
Appears in 2 contracts
Sources: Soft Cost Loan Agreement (Brookdale Living Communities Inc), Building Loan Agreement (Brookdale Living Communities Inc)
Amendments. This Agreement may only be varied or modified by a supplemental agreement or other document signed by all the parties hereto. No provision of this Agreement may be changed, waived, discharged or terminated orally, but except only by an instrument in writing signed by the party parties against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement shall be effective until approved as by an affirmative vote of the Directors of the Company, including a majority of the Directors of the Company who are not interested persons of any party to this Agreement, cast in person at a meeting called for the purpose of voting on such approval, if such approval is required by applicable law.
Appears in 2 contracts
Sources: Interim Subadvisory Agreement (Mainstay Vp Series Fund Inc), Interim Subadvisory Agreement (Mainstay Vp Series Fund Inc)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the 0holders of a majority of the Trust's · outstanding voting securities.
Appears in 2 contracts
Sources: Interim Investment Sub Advisory Agreement (Starboard Investment Trust), Interim Investment Sub Advisory Agreement (Starboard Investment Trust)
Amendments. No term or provision of this Agreement may be changedamended, waived, discharged or terminated orally, orally but only by an instrument in writing signed by the party against which whom the enforcement of the changesuch amendment, waiver, discharge or termination is sought, and no amendment of this Agreement . Any waiver shall be effective until approved as required by applicable lawonly in accordance with its express terms and conditions.
Appears in 2 contracts
Sources: Stock and Real Estate Purchase Agreement (Standard Management Corp), Agreement for Secured Party to Accept Collateral in Partial Satisfaction of Obligation (Standard Management Corp)
Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, waiver or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.
Appears in 2 contracts
Sources: Sub Administration Agreement (LKCM Fund), Sub Administration Agreement (LKCM Fund)