Duration, Termination and Amendments of this Agreement. This Agreement shall become effective as of January 1, 2001, shall govern the relations between the parties hereto thereafter and shall remain in force until June 26, 2002, on which date it will terminate unless its continuance after June 26, 2002 is "specifically approved at least annually" (a) by the vote of a majority of the Trustees of the Portfolio who are not "interested persons" of the Portfolio or of DSI or the Submanager at a meeting specifically called for the purpose of voting on such approval and (b) by the Board of Trustees of the Portfolio or by "vote of a majority of the outstanding voting securities" of the Portfolio. Notwithstanding the immediately preceding sentence of this Section 8, this Agreement shall terminate on May 31, 2001 unless on or before such date this Agreement is approved by the holders of beneficial interests in the Portfolio in accordance with the 1940 Act. The foregoing requirement that continuance of this Agreement be "specifically approved at least annually" shall be construed in a manner consistent with the 1940 Act. This Agreement may be terminated at any time without the payment of any penalty by (i) the Trustees of the Portfolio, (ii) the "vote of a majority of the outstanding voting securities" of the Portfolio or (iii) DSI with the prior consent of the Trustees of the Portfolio, in each case on not more than 60 days' nor less than 30 days' written notice to the other party. This Agreement may be terminated at any time without the payment of any penalty by the Submanager on not less than 90 days' written notice to the Manager and the Trustees of the Portfolio. This Agreement shall automatically terminate in the event of its "assignment." This Agreement constitutes the entire agreement between the parties and may be amended only if such amendment is approved by the parties hereto, the Trustees of the Portfolio and the "vote of a majority of the outstanding voting securities" of the Portfolio (except for any such amendment as may be effected in the absence of such vote without violating the 1940 Act or any exemptive order granted thereunder).
Appears in 1 contract
Sources: Submanagement Agreement (Domini Social Index Portfolio)
Duration, Termination and Amendments of this Agreement. This Agreement shall become effective as of January 1, 2001the date and year first above written, shall govern the relations between the parties hereto thereafter and shall remain in force until June 26, 2002for two years, on which date it will terminate unless its continuance after June 26, 2002 thereafter is "“specifically approved at least annually" ” (a) by the vote of a majority of the Trustees of the Portfolio Master Fund who are not "“interested persons" ” of the Portfolio Master Trust or of DSI Domini or the Submanager at a meeting specifically called for the purpose of voting on such approval and (b) by the Board of Trustees of the Portfolio Master Trust or by "“vote of a majority of the outstanding voting securities" ” of the PortfolioMaster Fund. Notwithstanding However, if the immediately preceding sentence investors of this Section 8the Master Fund fail to approve the Agreement as provided herein, this Agreement shall terminate on May 31, 2001 unless on or before such date this Agreement is approved by the holders of beneficial interests Submanager may continue to serve hereunder in the Portfolio in accordance with manner and to the 1940 Act. The foregoing requirement that continuance of this Agreement be "specifically approved at least annually" shall be construed in a manner consistent with extent permitted by the 1940 Act. This Agreement may be terminated at any time without the payment of any penalty by (i) the Trustees of the PortfolioMaster Trust, (ii) the "“vote of a majority of the outstanding voting securities" ” of the Portfolio Master Fund or (iii) DSI Domini with the prior consent of the Trustees of the PortfolioMaster Trust, in each case on not more than 60 days' ’ nor less than 30 days' ’ written notice to the other party. This Agreement may be terminated at any time without the payment of any penalty by the Submanager on not less than 90 days' ’ written notice to the Manager and the Trustees of the PortfolioMaster Trust. This Agreement shall automatically terminate in the event of its "“assignment." ” This Agreement constitutes the entire agreement between the parties and and, except as otherwise permitted by applicable law, may be amended only if such amendment is approved by the parties hereto, the Trustees of the Portfolio Master Trust and the "“vote of a majority of the outstanding voting securities" ” of the Portfolio (except for Master Fund. The Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. The terms “specifically approved at least annually,” “vote of a majority of the outstanding voting securities,” “assignment,” “affiliated person” and “interested persons,” when used in this Agreement, shall have the respective meanings specified in, and shall be construed in a manner consistent with, the 1940 Act, subject, however, to such amendment exemptions as may be effected in granted by the absence of such vote without violating Securities and Exchange Commission under the 1940 Act or any exemptive order granted thereunder)Act.
Appears in 1 contract
Duration, Termination and Amendments of this Agreement. This Agreement shall become effective as of January 1, 2001the day and year first above written, shall govern the relations between the parties hereto thereafter and shall remain in force until June 26March 1, 20022007, on which date it will terminate unless its continuance after June 26March 1, 2002 2007 is "specifically approved at least annually" (a) by the vote of a majority of the Trustees of the Portfolio Trust who are not "interested persons" of the Portfolio Trust or of DSI DSIL or the Submanager at a meeting specifically called for the purpose of voting on such approval and (b) by the Board of Trustees of the Portfolio Trust or by "vote of a majority of the outstanding voting securities" of the PortfolioFund. Notwithstanding the immediately preceding sentence of this Section 811, this Agreement shall terminate on May 31July 29, 2001 2005 unless on or before such date this Agreement is approved by the holders shareholders of beneficial interests in the Portfolio Fund in accordance with the 1940 Act. The foregoing requirement that continuance of this Agreement be "specifically approved at least annually" shall be construed in a manner consistent with the 1940 Act. This Agreement may be terminated at any time without the payment of any penalty by (i) the Trustees of the PortfolioTrust, (ii) the "vote of a majority of the outstanding voting securities" of the Portfolio Fund or (iii) DSI DSIL with the prior consent of the Trustees of the PortfolioTrust, in each case on not more than 60 days' nor less than 30 days' written notice to the other party. This Subject to Section 4(d) of this Agreement, this Agreement may be terminated at any time without the payment of any penalty by the Submanager on not less than 90 days' written notice to the Manager and the Trustees of the PortfolioTrust. This Agreement shall automatically terminate in the event of its "assignment." This Agreement constitutes the entire agreement between the parties and may be amended only if such amendment is approved by the parties hereto, the Trustees of the Portfolio Trust and the "vote of a majority of the outstanding voting securities" of the Portfolio Fund (except for any such amendment as may be effected in the absence of such vote without violating the 1940 Act or any exemptive order granted thereunder).
Appears in 1 contract
Sources: Submanagement Agreement (Domini Social Investment Trust)
Duration, Termination and Amendments of this Agreement. This Agreement shall become effective as of January 1the day and year first above written, 2001, and shall govern the relations between the parties hereto thereafter and shall remain in force until June 26_____________ ___, 2002_____, on which date it will terminate unless its continuance after June 26_____________ ___, 2002 ____ is "specifically approved at least annually" least
(a) by the vote of a majority of the Trustees of the Portfolio Trust who are not "interested persons" of the Portfolio Trust or of DSI the Manager or of the Submanager Subadviser at a meeting specifically called for the purpose of voting on such approval approval, and (b) by the Board of Trustees of the Portfolio Trust or by "vote of a majority of the outstanding voting securities" of the Portfolio. Notwithstanding the immediately preceding sentence of this Section 8, this Agreement shall terminate on May 31, 2001 unless on or before such date this Agreement is approved by the holders of beneficial interests in the Portfolio in accordance with the 1940 Act. The foregoing requirement that continuance of this Agreement be "specifically approved at least annually" shall be construed in a manner consistent with the 1940 ActFund. This Agreement may be terminated at any time without the payment of any penalty by (i) the Trustees of the PortfolioTrustees, (ii) the "vote of a majority of the outstanding voting securities" of the Portfolio Fund, or (iii) DSI with the prior consent of the Trustees of the PortfolioManager, in each case on not more than 60 days' nor less than 30 days' written notice to the other party. This Agreement may be terminated at any time without the payment of any penalty by the Submanager Subadviser on not less than 90 days' written notice to the Manager Trust and the Trustees of the PortfolioManager. This Agreement shall automatically terminate in the event of its "assignment." This Agreement constitutes the entire agreement between the parties and may be amended only if such amendment is approved by the parties hereto, the Trustees of the Portfolio Subadviser and the "vote of a majority of the outstanding voting securities" of the Portfolio Fund (except for any such amendment as may be effected in the absence of such vote approval without violating the 1940 Act Act). The terms "specifically approved at least annually", "vote of a majority of the outstanding voting securities," "assignment," "affiliated person," and "interested persons," when used in this Agreement, shall have the respective meanings specified in, and shall be construed in a manner consistent with, the 1940 Act, subject, however, to such exemptions as may be granted by the Securities and Exchange Commission under said Act. Each party acknowledges and agrees that all obligations of the Trust under this Agreement are binding only with respect to the particular series of the Trust to which a particular obligation relates; that any liability of the Trust under this Agreement, or in connection with the transactions contemplated herein, shall be discharged only out of the assets of the particular series of the Trust to which a particular obligation relates; and that no other series of the Trust shall be liable with respect to this Agreement or in connection with the transactions contemplated herein. The undersigned officer of the Trust has executed this Agreement not individually but in his capacity as an officer of the Trust under the Declaration, and the obligations of this Agreement are not binding upon any exemptive order granted thereunder)of the Trustees, officers or shareholders of the Trust individually.
Appears in 1 contract
Sources: Sub Management Agreement (Variable Annuity Portfolios /)
Duration, Termination and Amendments of this Agreement. This Agreement shall become effective as of January 1, 2001the day and year first above written, shall govern the relations between the parties hereto thereafter and shall remain in force until June 26April 30, 20022016, on which date it will terminate unless its continuance after June 26April 30, 2002 2016 is "“specifically approved at least annually" ” (a) by the vote of a majority of the Trustees of the Portfolio Trust who are not "“interested persons" ” of the Portfolio Trust or of DSI DSIL or the Submanager at a meeting specifically called for the purpose of voting on such approval and (b) by the Board of Trustees of the Portfolio Trust or by "“vote of a majority of the outstanding voting securities" ” of the Portfolio. Notwithstanding the immediately preceding sentence of this Section 8, this Agreement shall terminate on May 31, 2001 unless on or before such date this Agreement is approved by the holders of beneficial interests in the Portfolio in accordance with the 1940 Act. The foregoing requirement that continuance of this Agreement be "specifically approved at least annually" shall be construed in a manner consistent with the 1940 ActFund. This Agreement may be terminated at any time without the payment of any penalty by (i) the Trustees of the PortfolioTrust, (ii) the "“vote of a majority of the outstanding voting securities" ” of the Portfolio Fund or (iii) DSI DSIL with the prior consent of the Trustees of the PortfolioTrust, in each case on not more than 60 days' ’ nor less than 30 days' ’ written notice to the other party. This Subject to Section 4(d) of this Agreement, this Agreement may be terminated at any time without the payment of any penalty by the Submanager on not less than 90 days' ’ written notice to the Manager and the Trustees of the PortfolioTrust. This Agreement shall automatically terminate in the event of its "“assignment." ” This Agreement constitutes the entire agreement between the parties and may be amended only if such amendment is approved by the parties hereto, the Trustees of the Portfolio Trust and the "“vote of a majority of the outstanding voting securities" ” of the Portfolio Fund (except for any such amendment as may be effected in the absence of such vote without violating the 1940 Act or any exemptive order granted thereunder). The terms “specifically approved at least annually,” “vote of a majority of the outstanding voting securities,” “assignment,” “affiliated person” and “interested persons,” when used in this Agreement, shall have the respective meanings specified in, and shall be construed in a manner consistent with, the 1940 Act, subject, however, to such exemptions as may be granted by the Securities and Exchange Commission under the Act.
Appears in 1 contract
Sources: Submanagement Agreement (Domini Social Investment Trust)