Duration, Amendment and Termination. This Agreement shall become effective with respect to each Fund on the date first above written. With respect to any Additional Funds, provided the provisions of Section 1, Paragraph (b) have been complied with, this Agreement will become effective on the date on which the Agreement is approved in accordance with Section 15 of the 1940 Act. This Agreement, unless sooner terminated as provided herein, shall continue for each Fund for two (2) years following the effective date of this Agreement with respect to that Fund, if approved in accordance with Section 15 of the 1940 Act, and thereafter shall continue automatically for periods of one (1) year so long as such continuance is specifically approved at least annually (a) by the vote of a majority of those members of the Board of Trustees of the Investment Company who are not parties to this Agreement or "interested persons" (as defined in the ▇▇▇▇ ▇▇▇) of any such party, cast in person at a meeting called for the purpose of voting such approval, and (b) by the Board of Trustees of the Investment Company or by vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act). This Agreement may be amended as to a Fund by the parties only if such amendment is specifically approved by (a) the vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act), and (b) a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval; each as required by the 1940 Act. This Agreement may be terminated by the Manager, the Sub-Adviser, or the Investment Company on behalf of a Fund, at any time on sixty (60) days' written notice, without the payment of any penalty. Termination by the Investment Company on behalf of a Fund may be effected by vote of a majority of those members of the Board of Trustees who are not "interested persons" (as defined in the ▇▇▇▇ ▇▇▇) of the Manager or the Investment Company, or by the vote of either the majority of the entire Board of Trustees of the Investment Company, or by vote of a majority of the outstanding voting securities of a Fund with respect to which the Agreement is being terminated. This Agreement will automatically and immediately terminate in the event of its assignment (as defined in the 1940 Act).
Appears in 3 contracts
Sources: Sub Advisory Agreement (Sage Life Investment Trust), Sub Advisory Agreement (Sage Life Investment Trust), Sub Advisory Agreement (Sage Life Investment Trust)
Duration, Amendment and Termination. (a) This Agreement shall become effective with respect go into effect as to each Fund on the date first set forth above written. With respect to any Additional Funds, provided (the provisions of Section 1, Paragraph (b"Effective Date") have been complied with, this Agreement will become effective on the date on which the Agreement is approved in accordance with Section 15 of the 1940 Act. This Agreementand shall, unless sooner terminated as provided hereinhereinafter provided, continue in effect for two years from the Effective Date and shall continue for each Fund for two (2) years following the effective date of this Agreement with respect from year to that Fundyear thereafter, if approved in accordance with Section 15 of the 1940 Act, and thereafter shall continue automatically for periods of one (1) year but only so long as such continuance is specifically approved at least annually (a) by the Board of Trustees, including the vote of a majority of those members of the Board of Trustees of the Investment Company trustees who are not parties to this Agreement or "interested persons" (as defined in the ▇▇▇▇ ▇▇▇Act) of any such party, cast in person at a meeting called for the purpose of voting such approval, and (b) by the Board of Trustees of the Investment Company or by vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act). This Agreement may be amended as to a Fund by the parties only if such amendment is specifically approved by (a) the vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act), and (b) a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval; each as required by the 1940 Act. This Agreement may be terminated by the Manager, the Sub-Adviser, or the Investment Company on behalf of a Fund, at any time on sixty (60) days' written notice, without the payment of any penalty. Termination by the Investment Company on behalf of a Fund may be effected by vote of a majority of those members of the Board of Trustees who are not "interested persons" (as defined in the ▇▇▇▇ ▇▇▇) of the Manager or the Investment Company, or by the vote of either the majority of the entire Board of Trustees of the Investment Company, or by vote holders of a majority "majority" (as so defined) of the outstanding voting securities of a Fund with respect and by such a vote of the trustees.
(b) This Agreement may be amended only if such amendment is approved by the vote of the holders of a "majority" (as defined in the Act) of the outstanding voting securities of a Fund.
(c) This Agreement may be terminated as to a Fund by the Adviser at any time without penalty upon giving such Fund sixty (60) days' written notice (which notice may be waived by the Agreement is being terminatedFund) and may be terminated by a Fund at any time without penalty upon giving the Adviser sixty (60) days' written notice (which notice may be waived by the Adviser), provided that such termination by such Fund shall be approved by the vote of a majority of all the trustees in office at the time or by the vote of the holders of a "majority" (as defined in the Act) of the voting securities of the Fund at the time outstanding and entitled to vote. This Agreement will shall automatically and immediately terminate in the event of its assignment "assignment" (as defined in the 1940 Act).
Appears in 3 contracts
Sources: Investment Advisory Agreement (Guinness Flight Investment Funds), Investment Advisory Agreement (Guinness Flight Investment Funds Inc), Investment Advisory Agreement (Guinness Flight Investment Funds Inc)
Duration, Amendment and Termination. (a) This Agreement shall become effective with respect go into effect as to each Fund on the date first set forth above written. With respect to any Additional Funds, provided (the provisions of Section 1, Paragraph (b"Effective Date") have been complied with, this Agreement will become effective on the date on which the Agreement is approved in accordance with Section 15 of the 1940 Act. This Agreementand shall, unless sooner terminated as provided hereinhereinafter provided, continue in effect for two years from the Effective Date and shall continue for each Fund for two (2) years following the effective date of this Agreement with respect from year to that Fundyear thereafter, if approved in accordance with Section 15 of the 1940 Act, and thereafter shall continue automatically for periods of one (1) year but only so long as such continuance is specifically approved at least annually (a) by the Board of Trustees, including the vote of a majority of those members of the Board of Trustees of the Investment Company trustees who are not parties to this Agreement or "interested persons" (as defined in the ▇▇▇▇ ▇▇▇Act) of any such party, cast in person at a meeting called for the purpose of voting such approval, and (b) by the Board of Trustees of the Investment Company or by vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act). This Agreement may be amended as to a Fund by the parties only if such amendment is specifically approved by (a) the vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act), and (b) a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval; each as required by the 1940 Act. This Agreement may be terminated by the Manager, the Sub-Adviser, or the Investment Company on behalf of a Fund, at any time on sixty (60) days' written notice, without the payment of any penalty. Termination by the Investment Company on behalf of a Fund may be effected by vote of a majority of those members of the Board of Trustees who are not "interested persons" (as defined in the ▇▇▇▇ ▇▇▇) of the Manager or the Investment Company, or by the vote of either the majority of the entire Board of Trustees of the Investment Company, or by vote holders of a majority "majority" (as so defined) of the outstanding voting securities of a Fund with respect and by such a vote of the trustees.
(b) This Agreement may be amended only if such amendment is approved by the vote of the holders of a "majority" (as defined in the Act) of the outstanding voting securities of a Fund.
(c) This Agreement may be terminated as to a Fund by the Adviser at any time without penalty upon giving such Fund sixty (60) days' written notice (which notice may be waived by the Agreement is being terminatedFund) and may be terminated by the Fund at any time without penalty upon giving the Adviser sixty (60) days' written notice (which notice may be waived by the Adviser), provided that such termination by such Fund shall be approved by the vote of a majority of all trustees in office at the time or by the vote of the holders of a "majority" (as defined in the Act) of the voting securities of the Fund at the time outstanding and entitled to vote. This Agreement will shall automatically and immediately terminate in the event of its assignment "assignment" (as defined in by the 1940 Act).
Appears in 3 contracts
Sources: Investment Advisory Agreement (Guinness Atkinson Funds), Investment Advisory Agreement (Guinness Atkinson Funds), Investment Advisory Agreement (Investec Funds)
Duration, Amendment and Termination. (a) This Agreement shall become effective with respect go into effect as to each the Fund on the date first set forth above written. With respect to any Additional Funds, provided (the provisions of Section 1, Paragraph (b"Effective Date") have been complied with, this Agreement will become effective on the date on which the Agreement is approved in accordance with Section 15 of the 1940 Act. This Agreementand shall, unless sooner terminated as provided hereinhereinafter provided, continue in effect for two years from the Effective Date and shall continue for each Fund for two (2) years following the effective date of this Agreement with respect from year to that Fundyear thereafter, if approved in accordance with Section 15 of the 1940 Act, and thereafter shall continue automatically for periods of one (1) year but only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, including the vote of a majority of those members of the Board of Trustees of the Investment Company directors who are not parties to this Agreement or "interested persons" (as defined in the ▇▇▇▇ ▇▇▇Act) of any such party, cast in person at a meeting called for the purpose of voting such approval, and (b) by the Board of Trustees of the Investment Company or by vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act). This Agreement may be amended as to a Fund by the parties only if such amendment is specifically approved by (a) the vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act), and (b) a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval; each as required , or by the 1940 vote of the holders of a "majority" (as so defined) of the outstanding voting securities of the Fund and by such a vote of the directors.
(b) This Agreement may be amended only if such amendment is approved by the vote of the holders of a "majority" (as defined in the Act. ) of the outstanding voting securities of the Fund.
(c) This Agreement may be terminated as to the Fund by the Manager, the Sub-Adviser, or the Investment Company on behalf of a Fund, Adviser at any time on without penalty upon giving the Fund sixty (60) days' written notice, without the payment of any penalty. Termination notice (which notice may be waived by the Investment Company on behalf of a Fund Fund) and may be effected terminated by the Fund at any time without penalty upon giving the Adviser sixty (60) days' written notice (which notice may be waived by the Adviser), provided that such termination by the Fund shall be approved by the vote of a majority of those members all the directors in office at the time or by the vote of the Board holders of Trustees who are not a "interested personsmajority' (as defined in the Act) of the voting securities of the Fund at the time outstanding and entitled to vote. This Agreement shall automatically terminate in the event of its "assignment" (as defined in the ▇▇▇▇ ▇▇▇) of the Manager or the Investment Company, or by the vote of either the majority of the entire Board of Trustees of the Investment Company, or by vote of a majority of the outstanding voting securities of a Fund with respect to which the Agreement is being terminated. This Agreement will automatically and immediately terminate in the event of its assignment (as defined in the 1940 Act).
Appears in 2 contracts
Sources: Investment Advisory Agreement (Guinness Flight Investment Funds Inc), Investment Advisory Agreement (Guinness Flight Investment Funds Inc)
Duration, Amendment and Termination. (a) This Agreement shall become effective with respect go into effect as to each the Fund on the date first set forth above written. With respect to any Additional Funds, provided (the provisions of Section 1, Paragraph (b"Effective Date") have been complied with, this Agreement will become effective on the date on which the Agreement is approved in accordance with Section 15 of the 1940 Act. This Agreementand shall, unless sooner terminated as provided hereinhereinafter provided, continue in effect for two years from the Effective Date and shall continue for each Fund for two (2) years following the effective date of this Agreement with respect from year to that Fundyear thereafter, if approved in accordance with Section 15 of the 1940 Act, and thereafter shall continue automatically for periods of one (1) year but only so long as such continuance is specifically approved at least annually (a) by the Board of Trustees of the Fund, including the vote of a majority of those members of the Board of Trustees of the Investment Company trustees who are not parties to this Agreement or "interested persons" (as defined in the ▇▇▇▇ ▇▇▇Act) of any such party, cast in person at a meeting called for the purpose of voting such approval, and (b) by the Board of Trustees of the Investment Company or by vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act). This Agreement may be amended as to a Fund by the parties only if such amendment is specifically approved by (a) the vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act), and (b) a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval; each as required , or by the 1940 vote of the holders of a "majority" (as so defined) of the outstanding voting securities of the Fund and by such a vote of the trustees.
(b) This Agreement may be amended only if such amendment is approved by the vote of the holders of a "majority" (as defined in the Act. ) of the outstanding voting securities of the Fund.
(c) This Agreement may be terminated by the Manager, the Sub-Adviser, or the Investment Company on behalf of a Fund, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ at any time on without penalty upon giving the Fund sixty (60) days' written notice, without the payment of any penalty. Termination notice (which notice may be waived by the Investment Company on behalf of a Fund Fund) and may be effected terminated by the Fund at any time without penalty upon giving ▇▇▇▇▇▇▇▇ sixty (60) days' written notice (which notice may be waived by ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇), provided that such termination by the Fund shall be approved by the vote of a majority of those members all the trustees in office at the time or by the vote of the Board holders of Trustees who are not a "interested personsmajority" (as defined in the ▇▇▇▇ ▇▇▇Act) of the Manager or the Investment Company, or by the vote of either the majority of the entire Board of Trustees of the Investment Company, or by vote of a majority of the outstanding voting securities of a the Fund with respect at the time outstanding and entitled to which the Agreement is being terminatedvote. This Agreement will shall automatically and immediately terminate in the event of its assignment "assignment" (as defined in the 1940 Act).
Appears in 2 contracts
Sources: Investment Advisory Agreement (Dessauer Global Equity Fund), Investment Advisory Agreement (Dessauer Global Equity Fund)
Duration, Amendment and Termination. (a) This Agreement shall become effective with respect go into effect as to each Fund on the date first set forth above written. With respect to any Additional Funds, provided (the provisions of Section 1, Paragraph (b“Effective Date”) have been complied with, this Agreement will become effective on the date on which the Agreement is approved in accordance with Section 15 of the 1940 Act. This Agreementand shall, unless sooner terminated as provided hereinhereinafter provided, continue in effect for two years from the Effective Date and shall continue for each Fund for two (2) years following the effective date of this Agreement with respect from year to that Fundyear thereafter, if approved in accordance with Section 15 of the 1940 Act, and thereafter shall continue automatically for periods of one (1) year but only so long as such continuance is specifically approved at least annually (a) by the Board of Trustees, including the vote of a majority of those members of the Board of Trustees of the Investment Company trustees who are not parties to this Agreement or "“interested persons" ” (as defined in the ▇▇▇▇ ▇▇▇Act) of any such party, cast in person at a meeting called for the purpose of voting such approval, and (b) by the Board of Trustees of the Investment Company or by vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act). This Agreement may be amended as to a Fund by the parties only if such amendment is specifically approved by (a) the vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act), and (b) a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval; each as required by the 1940 Act. This Agreement may be terminated by the Manager, the Sub-Adviser, or the Investment Company on behalf of a Fund, at any time on sixty (60) days' written notice, without the payment of any penalty. Termination by the Investment Company on behalf of a Fund may be effected by vote of a majority of those members of the Board of Trustees who are not "interested persons" (as defined in the ▇▇▇▇ ▇▇▇) of the Manager or the Investment Company, or by the vote of either the majority of the entire Board of Trustees of the Investment Company, or by vote holders of a majority “majority” (as so defined) of the outstanding voting securities of a Fund with respect and by such a vote of the trustees.
(b) This Agreement may be amended only if such amendment is approved by the vote of the holders of a “majority” (as defined in the Act) of the outstanding voting securities of a Fund.
(c) This Agreement may be terminated as to a Fund by the Advisor at any time without penalty upon giving such Fund sixty (60) days’ written notice (which notice may be waived by the Agreement is being terminatedFund) and may be terminated by the Fund at any time without penalty upon giving the Advisor sixty (60) days’ written notice (which notice may be waived by the Advisor), provided that such termination by such Fund shall be approved by the vote of a majority of all trustees in office at the time or by the vote of the holders of a “majority” (as defined in the Act) of the voting securities of the Fund at the time outstanding and entitled to vote. This Agreement will shall automatically and immediately terminate in the event of its assignment “assignment” (as defined in by the 1940 Act).
Appears in 2 contracts
Sources: Investment Advisory Agreement (Guinness Atkinson Funds), Investment Advisory Agreement (Guinness Atkinson Funds)
Duration, Amendment and Termination. This Agreement shall become effective with respect to each Fund on the date first above written. With respect to any Additional Funds, provided the provisions of Section 1, Paragraph (b) have been complied with, this Agreement will become effective on the date on which the Agreement is approved in accordance with Section 15 of the 1940 Act. This Agreement, unless sooner terminated as provided herein, shall continue for each Fund for two (2) years following the effective date of this Agreement with respect to that Fund, if approved in accordance with Section 15 of the 1940 Act, and thereafter shall continue automatically for periods of one (1) year so long as such continuance is specifically approved at least annually (a) by the vote of a majority of those members of the Board of Trustees of the Investment Company who are not parties to this Agreement or "interested persons" (as defined in the ▇▇▇▇ ▇▇▇) of any such party, cast in person at a meeting called for the purpose of voting such approval, and (b) by the Board of Trustees of the Investment Company or by vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act). This Agreement may be amended as to a Fund by the parties only if such amendment is specifically approved by (a) the vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act), and (b) a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval; , each as required by the 1940 Act. This Agreement may be terminated by the Manager, the Sub-Adviser, or the Investment Company on behalf of a Fund, at any time on sixty (60) days' written notice, without the payment of any penalty. Termination by the Investment Company on behalf of a Fund may be effected by vote of a majority of those members of the Board of Trustees who are not "interested persons" (as defined in the ▇▇▇▇ ▇▇▇) of the Manager or the Investment Company, or by the vote of either the majority of the entire Board of Trustees of the Investment Company, or by vote of a majority of the outstanding voting securities of a Fund with respect to which the Agreement is being terminated. This Agreement will automatically and immediately terminate in the event of its assignment (as defined in the 1940 Act).
Appears in 2 contracts
Sources: Sub Advisory Agreement (Sage Life Investment Trust), Sub Advisory Agreement (Sage Life Investment Trust)
Duration, Amendment and Termination. (a) This Agreement shall become effective with respect go into effect as to each the Fund on the date first set forth above written. With respect to any Additional Funds, provided (the provisions of Section 1, Paragraph (b"Effective Date") have been complied with, this Agreement will become effective on the date on which the Agreement is approved in accordance with Section 15 of the 1940 Act. This Agreementand shall, unless sooner terminated as provided hereinhereinafter provided, continue in effect for two years from the Effective Date and shall continue for each Fund for two (2) years following the effective date of this Agreement with respect from year to that Fundyear thereafter, if approved in accordance with Section 15 of the 1940 Act, and thereafter shall continue automatically for periods of one (1) year but only so long as such continuance is specifically approved at least annually (a) by the Board of Trustees of the Trust, including the vote of a majority of those members of the Board of Trustees of the Investment Company who are not parties to this Agreement or "interested persons" (as defined in the ▇▇▇▇ ▇▇▇Act) of any such party, cast in person at a meeting called for the purpose of voting such approval, and (b) by the Board of Trustees of the Investment Company or by vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act). This Agreement may be amended as to a Fund by the parties only if such amendment is specifically approved by (a) the vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act), and (b) a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval; each as required , or by the 1940 vote of the holders of a "majority" (as so defined) of the outstanding voting securities of the Fund and by such a vote of the Trustees.
(b) This Agreement may not be amended except in accordance with the provisions of the Act. , including specifically, the provisions of the Act and the rules and regulations thereunder regarding series votes by shareholders of the Fund.
(c) This Agreement may be terminated by the Manager, the Sub-Adviser, or the Investment Company on behalf of a Fund, Adviser at any time on without penalty upon giving the Fund sixty (60) days' written notice, without the payment of any penalty. Termination notice (which notice may be waived by the Investment Company on behalf of a Fund Fund) and may be effected terminated by the Fund at any time without penalty upon giving the Adviser sixty (60) days' written notice (which notice may be waived by the Adviser), provided that such termination by the Fund shall be approved by the vote of a majority of those members all the Trustees in office at the time or by the vote of the Board holders of Trustees who are not "interested persons" a majority (as defined in the ▇▇▇▇ ▇▇▇Act) of the Manager or the Investment Company, or by the vote of either the majority of the entire Board of Trustees of the Investment Company, or by vote of a majority of the outstanding voting securities of a the Fund with respect at the time outstanding and entitled to which the Agreement is being terminatedvote. This Agreement will may only be terminated in accordance with the provisions of the Act, and shall automatically and immediately terminate in the event of its assignment (as defined in the 1940 Act).
Appears in 2 contracts
Sources: Investment Advisory Agreement (Mutual Fund Group), Investment Advisory Agreement (Mutual Fund Trust)
Duration, Amendment and Termination. (a) This Agreement shall become effective with respect go into effect as to each the Fund on the date first set forth above written. With respect to any Additional Funds, provided (the provisions of Section 1, Paragraph (b"Effective Date") have been complied with, this Agreement will become effective on the date on which the Agreement is approved in accordance with Section 15 of the 1940 Act. This Agreementand shall, unless sooner terminated as provided hereinhereinafter provided, continue in effect for two years from the Effective Date and shall continue for each Fund for two (2) years following the effective date of this Agreement with respect from year to that Fundyear thereafter, if approved in accordance with Section 15 of the 1940 Act, and thereafter shall continue automatically for periods of one (1) year but only so long as such continuance is specifically approved at least annually (a) by the Board of Trustees of the Fund, including the vote of a majority of those members of the Board of Trustees of the Investment Company trustees who are not parties to this Agreement or "interested persons" (as defined in the ▇▇▇▇ ▇▇▇Act) of any such party, cast in person at a meeting called for the purpose of voting such approval, and (b) by the Board of Trustees of the Investment Company or by vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act). This Agreement may be amended as to a Fund by the parties only if such amendment is specifically approved by (a) the vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act), and (b) a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval; each as required , or by the 1940 vote of the holders of a "majority" (as so defined) of the outstanding voting securities of the Fund and by such a vote of the trustees.
(b) This Agreement may be amended only if such amendment is approved by the vote of the holders of a "majority" (as defined in the Act. ) of the outstanding voting securities of the Fund.
(c) This Agreement may be terminated by the Manager, the Sub-Adviser, or the Investment Company on behalf of a Fund, ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ at any time on without penalty upon giving the Fund sixty (60) days' written notice, without the payment of any penalty. Termination notice (which notice may be waived by the Investment Company on behalf of a Fund Fund) and may be effected terminated by the Fund at any time without penalty upon giving ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇ sixty (60) days' written notice (which notice may be waived by ▇▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇), provided that such termination by the Fund shall be approved by the vote of a majority of those members all the trustees in office at the time or by the vote of the Board holders of Trustees who are not a "interested personsmajority" (as defined in the ▇▇▇▇ ▇▇▇Act) of the Manager or the Investment Company, or by the vote of either the majority of the entire Board of Trustees of the Investment Company, or by vote of a majority of the outstanding voting securities of a the Fund with respect at the time outstanding and entitled to which the Agreement is being terminatedvote. This Agreement will shall automatically and immediately terminate in the event of its assignment "assignment" (as defined in the 1940 Act).
Appears in 1 contract
Sources: Investment Advisory Agreement (Dessauer Global Equity Fund)
Duration, Amendment and Termination. (a) This Agreement shall become effective with respect to each the Initial Fund on the date first above written. With respect to any Additional Funds, provided the provisions later of Section 1, Paragraph (bi) have been complied with, this Agreement will become effective on the date on which a Registration Statement with respect to its shares under the Agreement Securities Act of 1933, as amended, is approved first declared effective by the Securities and Exchange Commission or (ii) the date on which such Initial Fund commences operations or offering its shares to the public, and, with respect to any additional Fund, on the date of receipt by the Trust of notice from the Adviser in accordance with Section 15 of paragraph 1(b) hereof that the 1940 ActAdviser is willing to serve as Adviser with respect to such Fund. This Agreement, unless sooner Unless terminated as provided hereinherein provided, this Agreement shall continue for each remain in full force and effect with respect to the Initial Fund for until the date which is two (2) years following after the effective date of this Agreement Agreement, and with respect to that each additional Fund, if approved in accordance with Section 15 for two years from the date on which this Agreement becomes effective for such Fund. Subsequent to such initial periods of the 1940 Act, and thereafter effectiveness this Agreement shall continue automatically in full force and effect, subject to Section 8(c), for successive one-year periods of one (1) year with respect to each Fund so long as such continuance with respect to such Fund is specifically approved at least annually (a) by either the Trustees of the Trust or by vote of a majority of the outstanding voting securities (as defined in the 1▇▇▇ ▇▇▇) of such Fund, and (b) in either event, by the vote of a majority of those members of the Board of Trustees of the Investment Company Trust who are not parties to this Agreement or "“interested persons" ” (as defined in the ▇1▇▇▇ ▇▇▇) of any such party, cast in person at a meeting called for the purpose of voting on such approval, and .
(b) No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the Board of Trustees party against which enforcement of the Investment Company change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective with respect to any Fund until approved by vote of the holders of a majority of that Fund’s outstanding voting securities (as defined in the 1▇▇▇ ▇▇▇) if such a vote is required under the 1940 Act for such amendment.
(c) This Agreement may be terminated with respect to any Fund at any time, without payment of any penalty, by vote of the Trustees or by vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act). This Agreement may be amended as to a Fund by the parties only if such amendment is specifically approved by (a) the vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act), and (b) a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval; each as required by the 1940 Act. This Agreement may be terminated by the Manager, the Sub-Adviser, or the Investment Company on behalf of a Fund, at any time on sixty (60) days' written notice, without the payment of any penalty. Termination by the Investment Company on behalf of a Fund may be effected by vote of a majority of those members of the Board of Trustees who are not "interested persons" (as defined in the ▇1▇▇▇ ▇▇▇) of the Manager or the Investment Companythat Fund, or by the vote of either Adviser, in each case on sixty (60) days’ prior written notice to the majority of the entire Board of Trustees of the Investment Company, or by vote of a majority of the outstanding voting securities of a Fund with respect to which the Agreement is being terminated. other party.
(d) This Agreement will shall automatically and immediately terminate in the event of its assignment (as defined in the 1940 Act).
(e) This Agreement may be amended or terminated with respect to one or more Funds without affecting the other Funds operating hereunder.
Appears in 1 contract
Sources: Investment Advisory Agreement (Scottish Widows Investment Partnership Trust)
Duration, Amendment and Termination. (a) This Agreement shall become effective with respect go into effect as to each Fund on the date first set forth above written. With respect to any Additional Funds, provided (the provisions of Section 1, Paragraph (b“Effective Date”) have been complied with, this Agreement will become effective on the date on which the Agreement is approved in accordance with Section 15 of the 1940 Act. This Agreementand shall, unless sooner terminated as provided hereinhereinafter provided, continue in effect for two years from the Effective Date and shall continue for each Fund for two (2) years following the effective date of this Agreement with respect from year to that Fundyear thereafter, if approved in accordance with Section 15 of the 1940 Act, and thereafter shall continue automatically for periods of one (1) year but only so long as such continuance is specifically approved at least annually (a) by the Board of Directors, including the vote of a majority of those members of the Board of Trustees of the Investment Company directors who are not parties to this Agreement or "“interested persons" ” (as defined in the ▇▇▇▇ ▇▇▇Act) of any such party, cast in person at a meeting called for the purpose of voting such approval, and (b) by the Board of Trustees of the Investment Company or by vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act). This Agreement may be amended as to a Fund by the parties only if such amendment is specifically approved by (a) the vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act), and (b) a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval; each as required by the 1940 Act. This Agreement may be terminated by the Manager, the Sub-Adviser, or the Investment Company on behalf of a Fund, at any time on sixty (60) days' written notice, without the payment of any penalty. Termination by the Investment Company on behalf of a Fund may be effected by vote of a majority of those members of the Board of Trustees who are not "interested persons" (as defined in the ▇▇▇▇ ▇▇▇) of the Manager or the Investment Company, or by the vote of either the majority of the entire Board of Trustees of the Investment Company, or by vote holders of a majority “majority” (as so defined) of the outstanding voting securities of a Fund with respect and by such a vote of the directors.
(b) This Agreement may be amended only if such amendment is approved by the vote of the holders of a “majority” (as defined in the Act) of the outstanding voting securities of a Fund.
(c) This Agreement may be terminated as to a Fund by the Adviser at any time without penalty upon giving such Fund sixty (60) days’ written notice (which notice may be waived by the Agreement is being terminatedFund) and may be terminated by the Fund at any time without penalty upon giving the Adviser sixty (60) days’ written notice (which notice may be waived by the Adviser), provided that such termination by such Fund shall be approved by the vote of a majority of all directors in office at the time or by the vote of the holders of a “majority” (as defined in the Act) of the voting securities of the Fund at the time outstanding and entitled to vote. This Agreement will shall automatically and immediately terminate in the event of its assignment “assignment” (as defined in by the 1940 Act).
Appears in 1 contract
Sources: Investment Advisory Agreement (Humankind Benefit Corp)
Duration, Amendment and Termination. (a) This Agreement shall become effective with respect go into effect as to each the Fund on the date first set forth above written. With respect to any Additional Funds, provided (the provisions of Section 1, Paragraph (b"Effective Date") have been complied with, this Agreement will become effective on the date on which the Agreement is approved in accordance with Section 15 of the 1940 Act. This Agreementand shall, unless sooner terminated as provided hereinhereinafter provided, continue in effect for two years from the Effective Date and shall continue for each Fund for two (2) years following the effective date of this Agreement with respect from year to that Fundyear thereafter, if approved in accordance with Section 15 of the 1940 Act, and thereafter shall continue automatically for periods of one (1) year but only so long as such continuance is specifically approved at least annually (a) by the Board of Trustees of the Fund, including the vote of a majority of those members of the Board of Trustees of the Investment Company trustees who are not parties to this Agreement or "interested persons" (as defined in the ▇▇▇▇ ▇▇▇Act) of any such party, cast in person at a meeting called for the purpose of voting such approval, and (b) by the Board of Trustees of the Investment Company or by vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act). This Agreement may be amended as to a Fund by the parties only if such amendment is specifically approved by (a) the vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act), and (b) a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval; each as required , or by the 1940 vote of the holders of a "majority" (as so defined) of the outstanding voting securities of the Fund and by such a vote of the trustees.
(b) This Agreement may be amended only if such amendment is approved by the vote of the holders of a "majority" (as defined in the Act. ) of the outstanding voting securities of the Fund.
(c) This Agreement may be terminated by the Manager, the Sub-Adviser, or the Investment Company on behalf of a Fund, Adviser at any time on without penalty upon giving the Fund sixty (60) days' written notice, without the payment of any penalty. Termination notice (which notice may be waived by the Investment Company on behalf of a Fund Fund) and may be effected terminated by the Fund at any time without penalty upon giving the Adviser sixty (60) days' written notice (which notice may be waived by the Adviser), provided that such termination by the Fund shall be approved by the vote of a majority of those members all the trustees in office at the time or by the vote of the Board holders of Trustees who are not a "interested personsmajority" (as defined in the ▇▇▇▇ ▇▇▇Act) of the Manager or the Investment Company, or by the vote of either the majority of the entire Board of Trustees of the Investment Company, or by vote of a majority of the outstanding voting securities of a the Fund with respect at the time outstanding and entitled to which the Agreement is being terminatedvote. This Agreement will shall automatically and immediately terminate in the event of its assignment "assignment" (as defined in the 1940 Act).
Appears in 1 contract
Sources: Investment Advisory Agreement (Dessauer Global Equity Fund)
Duration, Amendment and Termination. This Agreement shall become effective with respect to each Fund on as of the date first above written. With respect to any Additional Funds, provided executed and shall remain in full force and effect for the provisions lesser of Section 1, Paragraph (bi) have been complied with, this Agreement will become effective on the date on which the Agreement is approved in accordance with Section 15 of the 1940 Act. This Agreement, unless sooner terminated as provided herein, shall continue for each Fund for two (2) years following period from the effective date of this Agreement with respect to that Fund, if approved in accordance with Section 15 through the date of the 1940 Act, and thereafter shall continue automatically for periods of one (1) year so long as such continuance is specifically approved at least annually (a) by the vote approval of a majority of those members of new investment advisory agreement between the Board of Trustees of Adviser and the Investment Company who are not parties to this Agreement or "interested persons" (as defined in the ▇▇▇▇ ▇▇▇) of any such party, cast in person at a meeting called for the purpose of voting such approval, and (b) by the Board of Trustees of the Investment Company or Trust by vote of a majority of the outstanding voting securities of the Fund Portfolio, or (ii) 150 days; provided, however, that if the shareholders of the Portfolio fail to approve a new investment advisory agreement, the Adviser may continue to serve hereunder as defined to the Portfolio in a manner consistent with the 1940 Act)Act and the rules and regulations thereunder. This Agreement may be amended modified by mutual consent subject to the provisions of Section 15 of the 1940 Act, as modified by or interpreted by any applicable order or orders of the U.S. Securities and Exchange Commission (the "Commission") or any rules or regulations adopted by, or interpretative releases of, the Commission. Notwithstanding the foregoing, this Agreement may be terminated as to a Fund by the parties only if such amendment is specifically approved Portfolio at any time, without the payment of any penalty, on ten (10) days written notice, by (ai) the majority vote of the Trustees, including a majority vote of such Trustees who are not interested persons of the Trust or the Adviser, at a meeting called for the purpose of voting on such approval; or (ii) the vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act), and (b) a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval; each as required by the 1940 Act. This Agreement may be terminated by the Manager, the Sub-Adviser, or the Investment Company on behalf of a Fund, at any time on sixty (60) days' written notice, without the payment of any penalty. Termination by the Investment Company on behalf of a Fund may be effected by vote of a majority of those members of the Board of Trustees who are not "interested persons" (as defined in the ▇▇▇▇ ▇▇▇) of the Manager or the Investment Company, or by the vote of either the majority of the entire Board of Trustees of the Investment Company, or by vote of a majority of the outstanding voting securities of a Fund with respect to which the Agreement is being terminatedPortfolio. This Agreement will automatically and immediately terminate in the event of its assignment (as defined assignment. Any notice under this Agreement shall be given in writing, addressed and delivered, or mailed postpaid, to the other party at any office of such party. As used in this Section 12, the terms "assignment," "interested persons," and a "vote of a majority of the outstanding voting securities" shall have the respective meanings set forth in the 1940 Act and the rules and regulations thereunder; subject to such exemptions as may be granted by the Commission under said Act).
Appears in 1 contract
Sources: Interim Investment Advisory Agreement (Advisors Inner Circle Fund)
Duration, Amendment and Termination. (a) This Agreement shall become effective with respect go into effect as to each the Fund on the date first set forth above written. With respect to any Additional Funds, provided (the provisions of Section 1, Paragraph (b"Effective Date") have been complied with, this Agreement will become effective on the date on which the Agreement is approved in accordance with Section 15 of the 1940 Act. This Agreementand shall, unless sooner terminated as provided hereinhereinafter provided, continue in effect for two years from the Effective Date and shall continue for each Fund for two (2) years following the effective date of this Agreement with respect from year to that Fundyear thereafter, if approved in accordance with Section 15 of the 1940 Act, and thereafter shall continue automatically for periods of one (1) year but only so long as such continuance is specifically approved at least annually (a) by the Board of Trustees of the Fund, including the vote of a majority of those members of the Board of Trustees of the Investment Company trustees who are not parties to this Agreement or "interested persons" (as defined in the ▇▇▇▇ ▇▇▇Act) of any such party, cast in person at a meeting called for the purpose of voting such approval, and (b) by the Board of Trustees of the Investment Company or by vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act). This Agreement may be amended as to a Fund by the parties only if such amendment is specifically approved by (a) the vote of a majority of the outstanding voting securities of the Fund (as defined in the 1940 Act), and (b) a majority of those Trustees who are not parties to this Agreement or interested persons of any such party cast in person at a meeting called for the purpose of voting on such approval; each as required , or by the 1940 vote of the holders of a "majority" (as so defined) of the outstanding voting securities of the Fund and by such a vote of the trustees.
(b) This Agreement may be amended only if such amendment is approved by the vote of the holders of a "majority" (as defined in the Act. ) of the outstanding voting securities of the Fund.
(c) This Agreement may be terminated by the Manager, the Sub-Adviser, or the Investment Company on behalf of a Fund, at Dess▇▇▇▇ ▇▇ any time on without penalty upon giving the Fund sixty (60) days' written notice, without the payment of any penalty. Termination notice (which notice may be waived by the Investment Company on behalf of a Fund Fund) and may be effected terminated by vote of a majority of those members of the Board of Trustees who are not "interested persons" (as defined in the Fund at any time without penalty upon giving Dess▇▇▇▇ ▇▇▇ty (60) days' written notice (which notice may be waived by Dess▇▇▇▇), ▇rovided that such termination by the Fund shall be approved by the vote of a majority of all the Manager or trustees in office at the Investment Company, time or by the vote of either the majority holders of a "majority" (as defined in the Act) of the entire Board of Trustees of the Investment Company, or by vote of a majority of the outstanding voting securities of a the Fund with respect at the time outstanding and entitled to which the Agreement is being terminatedvote. This Agreement will shall automatically and immediately terminate in the event of its assignment "assignment" (as defined in the 1940 Act).
Appears in 1 contract
Sources: Investment Advisory Agreement (Dessauer Global Equity Fund)