Common use of Effectiveness, Duration and Termination of Agreement Clause in Contracts

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Fund’s Board of Trustees, or by the vote of a majority of the outstanding voting securities of the Fund and (b) the vote of a majority of the Fund’s Trustees who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Fund, or by the vote of the Fund’s Trustees or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.

Appears in 2 contracts

Sources: Investment Advisory Agreement (Gladstone Alternative Income Fund), Investment Advisory Agreement (Gladstone Alternative Income Fund)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as on the later of (i) the date hereof, or (ii) the date on which this Agreement is approved by the sole shareholder of the first date above writtenSeries. This Agreement shall remain in effect for until the two yearsyear anniversary of such effective date, and thereafter shall continue automatically for successive annual periods, provided that PROVIDED THAT such continuance is specifically approved at least annually by (a) the vote of the Fund’s Board of 's Trustees, or by the vote of including a majority of the outstanding voting securities of the Fund and (b) the vote of a majority of the Fund’s such Trustees who are not parties to this Agreement or "interested persons" (as such term is defined in Section 2(a)(19) of the Investment Company ActAct of 1940) of any such party, cast in accordance with person at a meeting called for the requirements purpose of voting on such approval, or (b) the vote of a majority of the Investment Company Actoutstanding voting securities of the Series and the vote of the Fund's Trustees, including a majority of such Trustees who are not parties to this Agreement or "interested persons" (as so defined) of any such party. This Agreement may be terminated at any time, without the payment of any penalty, upon on 60 days' written notice, notice by the vote of a majority of the outstanding voting securities of the FundSeries, or by the vote of a majority of the Fund’s 's Trustees or by the Adviser. This Agreement , and will automatically terminate in the event of its "assignment" (as such term is defined for purposes of Section 15(a)(4) of the Investment Company ActAct of 1940). The ; PROVIDED, HOWEVER, that the provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationsuch termination.

Appears in 1 contract

Sources: Investment Advisory Agreement (Winter Harbor Fund)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of the first date above written. This Agreement shall remain in effect for two one yeartwo years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Fund’s Board of TrusteesDirectors, or by the vote of a majority of the outstanding voting securities of the Fund and (b) the vote of a majority of the Fund’s Trustees Directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of a majority of the outstanding voting securities of the Fund, or by the vote of the Fund’s Trustees Directors or by the Adviser. This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration. All fees and calculations contemplated hereunder, including those for the quarter ending June 30, 2022 and any period thereafter, shall be calculated as if this Agreement was effective as of April 1, 2022.

Appears in 1 contract

Sources: Investment Advisory and Management Agreement (Gladstone Capital Corp)

Effectiveness, Duration and Termination of Agreement. This Agreement shall become effective as of on the first date above writtenthe Fund commences investment operations following the time its registration statement is declared effective. This Agreement shall remain in effect continue for a term of two years, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (a) the vote of the Fund’s Board of Trustees, or by the vote of a majority of the outstanding voting securities of the Fund and (b) the vote of a majority of the Fund’s Trustees directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company 1940 Act) of any such party, in accordance with the requirements of the Investment Company 1940 Act, as such requirements may be modified by rule, regulation, order or guidance of the SEC or its staff. This Agreement may be terminated at any time, without the payment of any penalty, upon 60 days’ written notice, by the vote of the Fund’s directors or by the Adviser, or by the vote of a majority of the outstanding voting securities of the Fund, or by the vote of the Fund’s Trustees or by the Adviser. This Agreement will shall automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(4) of the Investment Company 1940 Act). The provisions of Paragraph 8 Section 9 of this Agreement shall remain in full force and effect, and the Adviser and its representatives Indemnified Parties shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expirationexpiration and Section 9 shall continue in force and effect and apply to the Adviser and its representatives as and to the extent applicable.

Appears in 1 contract

Sources: Investment Advisory Agreement (Adams Street Private Equity Navigator Fund LLC)

Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall become effective as of the first date above written. This The provisions of Section 8 of this Agreement shall remain in full force and effect, and the Sub-Adviser and the Manager shall remain entitled to the benefits thereof, notwithstanding any termination of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as set forth in this Section 11, the Manager shall be entitled to any amounts owed under Section 3 through the date of termination or expiration and Section 8 shall continue in force and effect and apply to the Manager and its representatives as and to the extent applicable. (b) This Agreement shall continue in effect for two years, years from the date hereof and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (ai) the vote of the Fund’s Board of Trustees, or by the vote of a majority of the outstanding voting securities of the Fund Trustees and (bii) by the vote of a majority of the Fund’s Trustees who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. . (c) This Agreement may be terminated at any timeis terminable, without the payment of any penalty, upon on 60 days’ written notice, by the Manager, by the Board, by vote of holders of a majority of the outstanding voting securities of the Fund, ’s shares or by the vote Sub-Adviser, and will terminate five business days after the Sub-Adviser receives written notice of the Fund’s Trustees or by termination of the Adviser. Management Agreement between the Trust and the Manager. (d) This Agreement will automatically terminate in the event of its “assignment” (as such term is defined for purposes of Section 15(a)(42(a)(4) of the Investment Company Act). The provisions of Paragraph 8 of this Agreement shall remain in full force and effect, and the Adviser and its representatives shall remain entitled to the benefits thereof, notwithstanding any termination or expiration of this Agreement. Further, notwithstanding the termination or expiration of this Agreement as aforesaid, the Adviser shall be entitled to any amounts owed under Section 3 through the date of termination or expiration.

Appears in 1 contract

Sources: Sub Advisory Agreement (Carlyle Select Trust)