Common use of DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT Clause in Contracts

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. (a) This Agreement shall become effective with respect to the Trust on the date first written above. Thereafter, this Agreement will remain in effect with respect to the Trust for a period of two years from the date first written above, on which date it will terminate for the Trust unless its continuance is "specifically approved at least annually" (i) by the vote of a majority of the Trustees of the Trust who are not "interested persons" of the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, or by "vote of a majority of the outstanding voting securities" of the Trust. (b) This Agreement may be terminated as to the Trust at any time without the payment of any penalty by the Trustees or by "vote of a majority of the outstanding voting securities" of the Trust, or by the Adviser, in each case on not more than sixty days' nor less than thirty days' written notice to the other party. This Agreement shall automatically terminate in the event of its "assignment". (c) This Agreement may be amended with respect to the Trust only if such amendment is in writing signed by or on behalf of the Trust and the Adviser and is approved by "vote of a majority of the outstanding voting securities" of the Trust (if such shareholder approval is required by the Investment Company Act of 1940).

Appears in 13 contracts

Sources: Investment Advisory Agreement (MFS Government Securities Fund), Investment Advisory Agreement (MFS Intermediate Income Trust), Investment Advisory Agreement (MFS Special Value Trust)

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. (a) This Agreement shall become effective with respect to the Trust on the date first written aboveabove if approved by the shareholders of the Trust, on the Effective Date for the Trust, as set forth in Appendix A attached hereto. Thereafter, this Agreement will remain in effect with respect to the Trust for a period of two years from the date first written aboveTrust’s Effective Date as set forth in Appendix A, on which date it will terminate for the Trust unless its continuance is "specifically approved at least annually" (i) by the vote of a majority of the Trustees of the Trust who are not "interested persons" of the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, or by "vote of a majority of the outstanding voting securities" of the applicable Trust. (b) This Agreement may be terminated as to the Trust at any time without the payment of any penalty by the Trustees or by "vote of a majority of the outstanding voting securities" of the applicable Trust, or by the Adviser, in each case on not more than sixty days' nor less than thirty days' written notice to the other party. This Agreement shall automatically terminate in the event of its "assignment". (c) This Agreement may be amended with respect to the Trust only if such amendment is in writing signed by or on behalf of the Trust and the Adviser and is approved by "vote of a majority of the outstanding voting securities" of the applicable Trust (if such shareholder approval is required by the Investment Company Act of 1940).

Appears in 5 contracts

Sources: Investment Advisory Agreement (MFS California Insured Municipal Fund), Investment Advisory Agreement (MFS High Income Municipal Trust), Investment Advisory Agreement (MFS Investment Grade Municipal Trust)

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. (a) This Agreement shall become effective with respect to the Trust on the date first written aboveabove if approved by the shareholders of the Trust, on the Effective Date for the Trust, as set forth in Appendix A attached hereto. Thereafter, this Agreement will remain in effect with respect to the Trust for a period of two years from the date first written aboveTrust's Effective Date as set forth in Appendix A, on which date it will terminate for the Trust unless its continuance is "specifically approved at least annually" (i) by the vote of a majority of the Trustees of the Trust who are not "interested persons" of the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, or by "vote of a majority of the outstanding voting securities" of the applicable Trust. (b) This Agreement may be terminated as to the Trust at any time without the payment of any penalty by the Trustees or by "vote of a majority of the outstanding voting securities" of the applicable Trust, or by the Adviser, in each case on not more than sixty days' nor less than thirty days' written notice to the other party. This Agreement shall automatically terminate in the event of its "assignment". (c) This Agreement may be amended with respect to the Trust only if such amendment is in writing signed by or on behalf of the Trust and the Adviser and is approved by "vote of a majority of the outstanding voting securities" of the applicable Trust (if such shareholder approval is required by the Investment Company Act of 1940).

Appears in 3 contracts

Sources: Investment Advisory Agreement (MFS Intermediate High Income Fund), Investment Advisory Agreement (MFS Investment Grade Municipal Trust), Investment Advisory Agreement (MFS High Yield Municipal Trust)

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. (a) 10.1 This Agreement shall not become effective with respect to effective, and the Trust on Advisor shall not serve or act as the date first written above. ThereafterFund's investment advisor, unless and until this Agreement will remain in effect with respect to the Trust for a period of two years from the date first written above, on which date it will terminate for the Trust unless its continuance is "specifically approved at least annually" (i) by the vote Trust's board of trustees (the "Board"), including a majority of the Trustees of the Trust who are not "parties to this Agreement or interested persons" persons of the Trust or of the Adviser any such party to this Agreement, cast in person at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, or by "a vote of a majority of the outstanding voting securities" securities of the TrustFund. 10.2 If approved as provided above, this Agreement shall continue in effect for two years and from year to year thereafter, but only so long as such continuance is specifically approved at least annually either: (a) by the Board; or (b) This Agreement may be terminated as to the Trust at any time without the payment of any penalty by the Trustees or by "a vote of a majority of the outstanding voting securities" securities of the TrustFund. In either event such continuance also must be approved by the vote of a majority of the Trustees who are not parties to this Agreement or interested persons of the Trust or of the Advisor, cast in person at a meeting called for the purpose of voting on such approval. 10.3 This Agreement may, on sixty days' written notice, be terminated at any time, without the payment of any penalty, by the Board, by a vote of a majority of the Fund's outstanding voting securities of the Fund or by the Adviser, in each case on not more than sixty days' nor less than thirty days' written notice to the other party. Advisor. 10.4 This Agreement shall automatically terminate in the event of its assignment. 10.5 In interpreting the provisions of this Section 10, the definitions contained in Section 2(a) of the 1940 Act, particularly the definitions of "interested person" and "assignment" and a ". (c) This Agreement may be amended with respect to the Trust only if such amendment is in writing signed by or on behalf of the Trust and the Adviser and is approved by "vote of a majority of the outstanding voting securities," of the Trust (if such shareholder approval is required by the Investment Company Act of 1940)shall be applied.

Appears in 3 contracts

Sources: Investment Advisory Agreement (Aon Funds), Investment Advisory Agreement (Aon Funds), Investment Advisory Agreement (Aon Funds)

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. (a) This Agreement shall become effective with respect to the Trust if approved by the shareholders of the Trust, on the date first written above. Thereafter, this Agreement will remain in effect with respect to the Trust for a period of two years from the date first written above, on which date it will terminate for the Trust unless its continuance is "specifically approved at least annually" (i) by the vote of a majority of the Trustees of the Trust who are not "interested persons" of the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, or by "vote of a majority of the outstanding voting securities" of the Trust. (b) This Agreement may be terminated as to the Trust at any time without the payment of any penalty by the Trustees or by "vote of a majority of the outstanding voting securities" of the Trust, or by the Adviser, in each case on not more than sixty days' nor less than thirty days' written notice to the other party. This Agreement shall automatically terminate in the event of its "assignment". (c) This Agreement may be amended with respect to the Trust only if such amendment is in writing signed by or on behalf of the Trust and the Adviser and is approved by "vote of a majority of the outstanding voting securities" of the Trust (if such shareholder approval is required by the Investment Company Act of 1940).

Appears in 3 contracts

Sources: Investment Advisory Agreement (Massachusetts Investors Trust), Investment Advisory Agreement (Massachusetts Investors Growth Stock Fund), Investment Advisory Agreement (Massachusetts Investors Growth Stock Fund)

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. (a) This Agreement shall become effective with respect to the Trust on the date first written above. Thereafter, this Agreement will remain in effect with respect to the Trust for a period of two years from the date first written above, on which date it will terminate for the Trust unless its continuance is "specifically approved at least annually" (i) by the vote of a majority of the Trustees of the Trust who are not "interested persons" of the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, or by "vote of a majority of the outstanding voting securities" of the Trust. (b) This Agreement may be terminated as to the Trust at any time without the payment of any penalty by the Trustees or by "vote of a majority of the outstanding voting securities" of the Trust, or by the Adviser, in each case on not more than sixty days' nor less than thirty days' written notice to the other party. This Agreement shall automatically terminate in the event of its "assignment". (c) This Agreement may be amended with respect to the Trust only if such amendment is in writing signed by or on behalf of the Trust and the Adviser and is approved by "vote of a majority of the outstanding voting securities" of the Trust (if such shareholder approval is required by the Investment Company Act of 1940).

Appears in 3 contracts

Sources: Investment Advisory Agreement (MFS Charter Income Trust), Investment Advisory Agreement (MFS Municipal Income Trust), Investment Advisory Agreement (MFS Government Markets Income Trust)

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. (a) This Agreement shall become effective with respect to the Trust on the date first written aboveof its execution and shall govern the relations between the parties hereto thereafter, and shall remain in force until two years after initial approval by the Board of Trustees of the Fund. Thereafter, this This Agreement will remain shall continue in effect with respect to the Trust Value Fund for a period of two years from the date first written above, on which date it will terminate for the Trust unless successive annual periods after its effectiveness so long as such continuance is "specifically approved at least annually" annually (i) by the vote of a majority of the Board of Trustees of the Trust Fund who are not "interested persons" persons of the Trust Fund, or of the Adviser, or of the Sub-Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, Fund or by "vote of a majority of the outstanding voting securities" securities of the Trust. (b) Value Fund. The aforesaid requirement that continuance of this Agreement be "specifically approved at least annually" shall be construed in a manner consistent with the 1940 Act and all rules, regulations and orders thereunder. This Agreement may be terminated as to the Trust at any time without the payment of any penalty by the Trustees or of the Fund, by "vote of a majority of the outstanding voting securities" securities of the TrustValue Fund, or by the Adviser, in each case on not more than sixty days' (60) days nor less than thirty days' (30) days written notice to the other partySub-Advisor. This Agreement may be terminated by the Sub-Adviser on not less than ninety (90) days notice to the Trustees of the Fund and the Adviser. This Agreement shall automatically terminate in the event of its "assignment". (c) . This Agreement may be amended with respect to by the Trust Adviser and the Sub-Adviser only if such amendment is in writing signed by or on behalf of the Trust and the Adviser and is approved by "the vote of a majority of the outstanding voting securities" securities of the Trust Value Fund (if except for any such shareholder amendment as may be effected in the absence of such approval is required by the Investment Company Act of 1940without violating 1940 Act).

Appears in 2 contracts

Sources: Sub Investment Advisory Agreement (Citizens Funds), Sub Investment Advisory Agreement (Citizens Funds)

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. (a) This Agreement shall become effective with respect to the Trust on the date first above written above. Thereafterand shall govern the relations between the parties hereto thereafter, this Agreement will and shall remain in effect with respect to the Trust for a period of two years from the date first written aboveforce until August 1, 1995 on which date it will terminate for the Trust unless its continuance after August 1, 1995 is "specifically approved at least annually" (i) by the vote of a majority of the Trustees of the Trust who are not "interested persons" of the Trust or of the Adviser or of the Sub-Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, or by "vote of a majority of the outstanding voting securities" of the Trust. (b) Fund. This Agreement may be terminated as to the Trust at any time without the payment of any penalty by the Trustees of the Trust or by "vote of a majority of the outstanding voting securities" of the Trust, Fund or by the Adviser or by the Sub-Adviser, in each case on not more than sixty days' days nor less than thirty days' days written notice to the other partyparty and to the Fund. This Agreement shall automatically terminate in the event of its "assignment". (c) . This Agreement may be amended with respect to the Trust only if such amendment is in writing signed by or on behalf of the Trust and the Adviser and is approved by "vote of a majority of the outstanding voting securities" of the Trust (if such shareholder approval is required Fund, by the Investment Company Act of 1940)Adviser and by the Sub-Adviser.

Appears in 1 contract

Sources: Sub Investment Advisory Agreement (MFS Series Trust Viii)

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. (a) This Agreement shall become effective with respect to the Trust on the date first written aboveabove if approved by the shareholders of the Trust, on the Effective Date for the Trust, as set forth in Appendix A attached hereto. Thereafter, this Agreement will remain in effect with respect to the Trust for a period of two years from the date first written aboveTrust's Effective Date as set forth in Appendix A, on which date it will terminate for the Trust unless its continuance is "specifically approved at least annually" least (i) by the vote of a majority of the Trustees of the Trust who are not "interested persons" of the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, or by "vote of a majority of the outstanding voting securities" of the applicable Trust. (b) This Agreement may be terminated as to the Trust at any time without the payment of any penalty by the Trustees or by "vote of a majority of the outstanding voting securities" of the applicable Trust, or by the Adviser, in each case on not more than sixty days' nor less than thirty days' written notice to the other party. This Agreement shall automatically terminate in the event of its "assignment". (c) This Agreement may be amended with respect to the Trust only if such amendment is in writing signed by or on behalf of the Trust and the Adviser and is approved by "vote of a majority of the outstanding voting securities" of the applicable Trust (if such shareholder approval is required by the Investment Company Act of 1940).

Appears in 1 contract

Sources: Investment Advisory Agreement (MFS High Income Municipal Trust)

DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. (a) This Agreement shall become effective with respect to the Trust on the date first written aboveabove if approved by the shareholders of the Trust, on the Effective Date for the Trust, as set forth in Appendix A attached hereto. Thereafter, ,this Agreement will remain in effect with respect to the Trust for a period of two years from the date first written aboveTrust's Effective Date as set forth in Appendix A, on which date it will terminate for the Trust unless its continuance is "specifically approved at least annually" (i) by the vote of a majority of the Trustees of the Trust who are not "interested persons" of the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, or by "vote of a majority of the outstanding voting securities" of the applicable Trust. (b) This Agreement may be terminated as to the Trust at any time without the payment of any penalty by the Trustees or by "vote of a majority of the outstanding voting securities" of the applicable Trust, or by the Adviser, in each case on not more than sixty days' nor less than thirty days' written notice to the other party. .This Agreement shall automatically terminate in the event of its "assignment". (c) This Agreement may be amended with respect to the Trust only if such amendment is in writing signed by or on behalf of the Trust and the Adviser and is approved by "vote of a majority of the outstanding voting securities" of the applicable Trust (if such shareholder approval is required by the Investment Company Act of 1940).

Appears in 1 contract

Sources: Investment Advisory Agreement (MFS Intermarket Income Trust I)