Common use of EFFECTIVENESS, DURATION AND TERMINATION Clause in Contracts

EFFECTIVENESS, DURATION AND TERMINATION. (a) This Agreement shall become effective with respect to the Fund immediately upon approval by a majority of the outstanding voting securities of that Fund or approval by at least a majority of all independent Trustees. (b) This Agreement shall remain in effect with respect to the Fund for a period of two years from the date of its effectiveness and shall continue in effect for successive annual periods with respect to the Fund; provided that such continuance is specifically approved at least annually (i) by the Board or by the vote of a majority of the outstanding voting securities of the Fund, and, in either case, (ii) by a majority of the Trust’s Trustees who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust); provided further, however, that if the continuation of this Agreement is not approved as to the Fund, the Adviser may continue to render to that Fund the services described herein in the manner and to the extent permitted by the 1940 Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to the Fund at any time, without the payment of any penalty, (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund on sixty (60) days’ written notice to the Adviser or (ii) by the Adviser on sixty (60) days’ written notice to the Trust. This Agreement shall terminate immediately upon its assignment.

Appears in 11 contracts

Sources: Management Agreement (Monteagle Funds), Management Agreement (Monteagle Funds), Management Agreement (Monteagle Funds)

EFFECTIVENESS, DURATION AND TERMINATION. (a) This Agreement shall become effective with respect to the Fund immediately upon the later of approval by a majority of the Trust's Trustees who are not parties to this Agreement or interested persons of any such party (other than as trustees of the Trust) and, if required by applicable law, by a vote of a majority of the outstanding voting securities of that Fund or approval by at least a majority of all independent Trusteesthe Fund. (b) This Agreement shall remain in effect with respect to the Fund for a period of two years from the date of its effectiveness and shall continue in effect for successive annual periods with respect to the Fund; provided that such continuance is specifically approved at least annually (i) by the Board or by the vote of a majority of the outstanding voting securities of the Fund, and, in either case, (ii) by a majority of the Trust’s 's Trustees who are not parties to this Agreement or interested persons of any such party (other than as Trustees trustees of the Trust); provided further, however, that if the continuation of this Agreement is not approved as to the Fund, the Adviser Subadviser may continue to render to that Fund the services described herein in the manner and to the extent permitted by the 1940 Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to the Fund at any time, without the payment of any penalty, (i) by the Board or Board, by a vote of a majority of the outstanding voting securities of the Fund or by the Adviser on sixty (60) 60 days' written notice to the Adviser Subadviser or (ii) by the Adviser Subadviser on sixty (60) 60 days' written notice to the Trust. This Agreement shall terminate immediately (x) upon its assignmentassignment or (y) upon termination of the Advisory Agreement.

Appears in 9 contracts

Sources: Subadvisory Agreement (Investment Managers Series Trust), Subadvisory Agreement (Forum Funds), Subadvisory Agreement (Forum Funds)

EFFECTIVENESS, DURATION AND TERMINATION. (a) This Agreement shall become effective with respect to the each Fund immediately upon approval by a majority of the outstanding voting securities of that Fund or approval by at least a majority of all independent Trusteeson date referenced above. (b) This Agreement shall remain in effect with respect to the a Fund for a period of two years from the date of its effectiveness and shall continue in effect for successive annual twelve-month periods (computed from each anniversary date of the approval) with respect to the Fund; provided that such continuance is specifically approved at least annually (i) by the Board or by the vote of a majority of the outstanding voting securities interests of the Fund, and, in either case, (ii) by a majority of the Trust’s Trustees 's trustees who are not parties to this Agreement or interested persons of any such party (other than as Trustees trustees of the Trust); provided further, however, that if this Agreement or the continuation of this Agreement is not approved as to the a Fund, the Adviser may continue to render to that Fund the services described herein in the manner and to the extent permitted by the 1940 Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to the a Fund at any time, without the payment of any penalty, (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund on sixty (60) 60 days' written notice to the Adviser or (ii) by the Adviser on sixty (60) 60 days' written notice to the Trust. This Agreement agreement shall terminate immediately upon its assignment.

Appears in 5 contracts

Sources: Investment Advisory Agreement (Forum Funds), Investment Advisory Agreement (Monarch Funds), Investment Advisory Agreement (Monarch Funds)

EFFECTIVENESS, DURATION AND TERMINATION. (a) This Agreement shall become effective with respect to the a Fund immediately upon approval by a majority of the outstanding voting securities of that Fund or approval by at least a majority of all independent TrusteesFund. (b) This Agreement shall remain in effect with respect to the a Fund for a period of two years from the date of its effectiveness and shall continue in effect for successive annual periods with respect to the Fund; provided that such continuance is specifically approved at least annually (i) by the Board or by the vote of a majority of the outstanding voting securities of the Fund, and, in either case, (ii) by a majority of the Trust’s Trustees 's trustees who are not parties to this Agreement or interested persons of any such party (other than as Trustees trustees of the Trust); provided further, however, that if the continuation of this Agreement is not approved as to the a Fund, the Adviser may continue to render to that Fund the services described herein in the manner and to the extent permitted by the 1940 Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to the a Fund at any time, without the payment of any penalty, (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund on sixty (60) 60 days' written notice to the Adviser or (ii) by the Adviser on sixty (60) 60 days' written notice to the Trust. This Agreement shall terminate immediately upon its assignment.

Appears in 4 contracts

Sources: Investment Advisory Agreement (Truecrossing Funds), Investment Advisory Agreement (Newbridge Funds), Investment Advisory Agreement (Memorial Funds)

EFFECTIVENESS, DURATION AND TERMINATION. (a) This Agreement shall become effective with respect to the a Fund immediately upon approval by a majority of the outstanding voting securities of that Fund or approval by at least a majority of all independent Trustees. (b) This Agreement shall remain in effect with respect to the a Fund for a period of two years from the date of its effectiveness and shall continue in effect for successive annual periods with respect to the Fund; provided that such continuance is specifically approved at least annually (i) by the Board or by the vote of a majority of the outstanding voting securities of the Fund, and, in either case, (ii) by a majority of the Trust’s Trustees who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust); provided further, however, that if the continuation of this Agreement is not approved as to the a Fund, the Adviser may continue to render to that Fund the services described herein in the manner and to the extent permitted by the 1940 Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to the a Fund at any time, without the payment of any penalty, (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund on sixty (60) days’ written notice to the Adviser or (ii) by the Adviser on sixty (60) days’ written notice to the Trust. This Agreement shall terminate immediately upon its assignment.

Appears in 3 contracts

Sources: Management Agreement (Monteagle Funds), Management Agreement (Monteagle Funds), Management Agreement (Monteagle Funds)

EFFECTIVENESS, DURATION AND TERMINATION. (a) This Agreement shall become effective with respect to the a Fund immediately upon approval by a majority of the outstanding voting securities of that Fund or approval by at least a majority of all independent Trustees. (b) This Agreement shall remain in effect with respect to the a Fund for a period of two years from the date of its their effectiveness and shall continue in effect for successive annual periods with respect to the Fund; provided that such continuance is specifically approved at least annually (i) by the Board or by the vote of a majority of the outstanding voting securities of the Fund, and, in either case, (ii) by a majority of the Trust’s 's Trustees who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust); provided further, however, that if the continuation of this Agreement is not approved as to the a Fund, the Adviser Advisers may continue to render to that Fund the services described herein in the manner and to the extent permitted by the 1940 Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to the a Fund at any time, without the payment of any penalty, (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund on sixty (60) days' written notice to the Adviser Advisers or (ii) by the Adviser Advisers on sixty (60) days' written notice to the Trust. This Agreement shall terminate immediately upon its assignment.

Appears in 3 contracts

Sources: Management Agreement (Monteagle Funds), Management Agreement (Memorial Funds), Management Agreement (Monteagle Funds)

EFFECTIVENESS, DURATION AND TERMINATION. (a) This Agreement shall become effective with respect to the a Fund immediately upon approval by a majority of the outstanding voting securities of that Fund or approval by at least a majority of all independent TrusteesFund. (b) This Agreement shall remain in effect with respect to the a Fund for a period of two years from the date of its effectiveness and shall continue in effect for successive annual periods with respect to the Fund; provided that such continuance is specifically approved at least annually (i) by the Board or by the vote of a majority of the outstanding voting securities of the Fund, and, in either case, (ii) by a majority of the Trust’s 's Trustees who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust); provided further, however, that if the continuation of this Agreement is not approved as to the a Fund, the Adviser may continue to render to that Fund the services described herein in the manner and to the extent permitted by the 1940 Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to the a Fund at any time, without the payment of any penalty, (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund on sixty (60) days' written notice to the Adviser or (ii) by the Adviser on sixty (60) days' written notice to the Trust. This Agreement shall terminate immediately upon its assignment.

Appears in 3 contracts

Sources: Investment Advisory Agreement (Forum Funds), Investment Advisory Agreement (Memorial Funds), Investment Advisory Agreement (Memorial Funds)

EFFECTIVENESS, DURATION AND TERMINATION. (a) This Agreement shall become effective with respect to on the Fund immediately upon date above after approval by (1) a majority of the outstanding voting securities of that the Fund or approval by at least and (2) a majority of all independent Trusteesthe Board who are not interested parties of the Fund and (3) after the Fund is declared effective by the SEC. (b) This Agreement shall remain in effect with respect to the Fund for a period of two years from the date of its effectiveness and shall continue in effect for successive annual periods with respect to the Fundperiods; provided that such continuance is specifically approved at least annually annually: (i) by the Board or by the vote of a majority of the outstanding voting securities of the Fund, and, in either case, ; (ii) by a majority of the TrustFund’s Trustees Directors who are not parties to this Agreement or interested persons of any such party (other than as Trustees Directors of the TrustFund); provided further, however, that if the continuation of this Agreement is not approved as to the Fundapproved, the Adviser may continue to render to that Fund the services described herein in the manner and to the extent permitted by the 1940 Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to the Fund at any time, without the payment of any penalty, : (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund on sixty (60) 60 days’ written notice to the Adviser Adviser; or (ii) by the Adviser on sixty (60) upon 60 days’ written notice to the TrustFund. This Agreement shall terminate immediately upon its assignment.

Appears in 2 contracts

Sources: Investment Advisory Agreement (Prospector Funds, Inc.), Investment Advisory Agreement (Prospector Funds, Inc.)

EFFECTIVENESS, DURATION AND TERMINATION. (a) This Agreement shall become effective with respect to the each Fund immediately upon approval by a majority of the outstanding voting securities of that Fund or approval by at least a majority of all independent Trusteeson date referenced above. (b) This Agreement shall remain in effect with respect to the a Fund for a period of two years one year from the date of its effectiveness and shall continue in effect for successive annual twelve-month periods (computed from each anniversary date of the approval) with respect to the Fund; provided that such continuance is specifically approved at least annually (i) by the Board or by the vote of a majority of the outstanding voting securities interests of the Fund, and, in either case, (ii) by a majority of the Trust’s Trustees 's trustees who are not parties to this Agreement or interested persons of any such party (other than as Trustees trustees of the Trust); provided further, however, that if this Agreement or the continuation of this Agreement is not approved as to the a Fund, the Adviser may continue to render to that Fund the services described herein in the manner and to the extent permitted by the 1940 Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to the a Fund at any time, without the payment of any penalty, (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund on sixty (60) 60 days' written notice to the Adviser or (ii) by the Adviser on sixty (60) 60 days' written notice to the Trust. This Agreement agreement shall terminate immediately upon its assignment.

Appears in 1 contract

Sources: Investment Advisory Agreement (Monarch Funds)

EFFECTIVENESS, DURATION AND TERMINATION. (a) This Agreement shall become effective with respect to the Fund immediately upon approval by a majority of the outstanding voting securities of that Fund or approval by at least a majority of all independent Trusteeseach Portfolio on January 1, 1998. (b) This Agreement shall remain in effect with respect to the Fund a Portfolio for a period of two years from the date of its effectiveness and shall continue in effect for successive annual twelve-month periods (computed from each anniversary date of the approval) with respect to the FundPortfolio; provided that such continuance is specifically approved at least annually (i) by the Board or by the vote of a majority of the outstanding voting securities interests of the FundPortfolio, and, in either case, (ii) by a majority of the Trust’s Trustees 's trustees who are not parties to this Agreement or interested persons of any such party (other than as Trustees trustees of the Trust); provided further, however, that if this Agreement or the continuation of this Agreement is not approved as to the Funda Portfolio, the Adviser may continue to render to that Fund Portfolio the services described herein in the manner and to the extent permitted by the 1940 Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to the Fund a Portfolio at any time, without the payment of any penalty, (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund Portfolio on sixty (60) 60 days' written notice to the Adviser or (ii) by the Adviser on sixty (60) 60 days' written notice to the Trust. This Agreement agreement shall terminate immediately upon its assignment.

Appears in 1 contract

Sources: Investment Advisory Agreement (Core Trust /De)

EFFECTIVENESS, DURATION AND TERMINATION. (a) This Agreement shall become effective with respect to the a Fund immediately upon approval by a majority of the outstanding voting securities of that Fund or approval by at least a majority of all independent Trustees. (b) This Agreement shall remain in effect with respect to the a Fund for a period of two years from the date of its their effectiveness and shall continue in effect for successive annual periods with respect to the Fund; provided that such continuance is specifically approved at least annually (i) by the Board or by the vote of a majority of the outstanding voting securities of the Fund, and, in either case, (ii) by a majority of the Trust’s Trustees who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust); provided further, however, that if the continuation of this Agreement is not approved as to the a Fund, the Adviser Advisers may continue to render to that Fund the services described herein in the manner and to the extent permitted by the 1940 Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to the a Fund at any time, without the payment of any penalty, (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund on sixty (60) days’ written notice to the Adviser Advisers or (ii) by the Adviser Advisers on sixty (60) days’ written notice to the Trust. This Agreement shall terminate immediately upon its assignment.

Appears in 1 contract

Sources: Management Agreement (Memorial Funds)

EFFECTIVENESS, DURATION AND TERMINATION. (a) This Agreement shall become effective with respect to the a Fund immediately upon approval by a majority of the outstanding voting securities of that Fund or approval by at least a majority of all independent TrusteesFund. (b) This Agreement shall remain in effect with respect to the a Fund for a period of two years from the date of its effectiveness and shall continue in effect for successive annual periods with respect to the Fund; provided that such continuance is specifically approved at least annually (i) by the Board or by the vote of a majority of the outstanding voting securities of the Fund, and, in either case, (ii) by a majority of the Trust’s Trus"s Trustees who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust); provided further, however, that if the continuation of this Agreement is not approved as to the a Fund, the Adviser may continue to render to that Fund the services described herein in the manner and to the extent permitted by the 1940 Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to the a Fund at any time, without the payment of any penalty, (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund on sixty (60) days' written notice to the Adviser or (ii) by the Adviser on sixty (60) days' written notice to the Trust. This Agreement shall terminate immediately upon its assignment.

Appears in 1 contract

Sources: Subadvisory Agreement (Memorial Funds)

EFFECTIVENESS, DURATION AND TERMINATION. (a) This Agreement shall become effective with respect to the Fund immediately upon approval by a majority of the outstanding voting securities of that Fund or approval by at least a majority of all independent Trusteesthe Portfolio. (b) This Agreement shall remain in effect with respect to the Fund for a period of two years twenty four months from the date of its effectiveness execution and shall continue in effect for successive annual twelve-month periods with respect to the Fund(computed from each anniversary date of execution); provided that such continuance is specifically approved at least annually (i) by the Board or by the vote of a majority of the outstanding voting securities of the FundPortfolio, and, in either case, (ii) by a majority of the Trust’s Trustees who are not parties to this Agreement or interested persons of any such party (other than as Trustees of the Trust); provided further, however, that if this Agreement or the continuation of this Agreement is not approved as to the Fundapproved, the Adviser may continue to render to that Fund the services described herein in the manner and to the extent permitted by the 1940 Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to the Fund at any time, without the payment of any penalty, (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund Portfolio on sixty (60) 60 days’ written notice to the Adviser or (ii) by the Adviser on sixty (60) 60 days’ written notice to the Trust. This Agreement agreement shall terminate immediately upon its assignment.

Appears in 1 contract

Sources: Investment Advisory Agreement (Milestone Funds)

EFFECTIVENESS, DURATION AND TERMINATION. (a) This Agreement shall become effective with respect to the a Fund immediately upon approval by a majority of the outstanding voting securities of that Fund or approval by at least a majority of all independent Trusteesthe Fund. (b) This Agreement shall remain in effect with respect to the a Fund for a period of two years from the date of its effectiveness and shall continue in effect for successive annual periods with respect to the Fund; provided that such continuance is specifically approved at least annually annually: (i) by the Board or by the vote of a majority of the outstanding voting securities of the Fund, and, in either case, ; (ii) by a majority of the Trust’s Trustees 's trustees who are not parties to this Agreement or interested persons of any such party (other than as Trustees trustees of the Trust); provided further, however, that if the continuation of this Agreement is not approved as to the a Fund, the Adviser may continue to render to that Fund the services described herein in the manner and to the extent permitted by the 1940 Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to the a Fund at any time, without the payment of any penalty, : (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund on sixty (60) 60 days' written notice to the Adviser Adviser; or (ii) by the Adviser on sixty (60) 60 days' written notice to the Trust. This Agreement shall terminate immediately upon its assignment.

Appears in 1 contract

Sources: Investment Advisory Agreement (Forum Funds)

EFFECTIVENESS, DURATION AND TERMINATION. (a) This Agreement shall become effective with respect to on the Fund immediately upon date above after approval by (1) a majority of the outstanding voting securities of that the Fund or approval by at least and (2) a majority of all independent Trusteesthe Board who are not interested parties of the Fund. (b) This Agreement shall remain in effect with respect to the Fund for a period of two years from the date of its effectiveness and shall continue in effect for successive annual periods with respect to the Fundperiods; provided that such continuance is specifically approved at least annually annually: (i) by the Board or by the vote of a majority of the outstanding voting securities of the Fund, and, in either case, ; (ii) by a majority of the Trust’s Trustees Fund's Directors who are not parties to this Agreement or interested persons of any such party (other than as Trustees Directors of the TrustFund); provided further, however, that if the continuation of this Agreement is not approved as to the Fundapproved, the Adviser may continue to render to that Fund the services described herein in the manner and to the extent permitted by the 1940 Act and the rules and regulations thereunder. (c) This Agreement may be terminated with respect to the Fund at any time, without the payment of any penalty, : (i) by the Board or by a vote of a majority of the outstanding voting securities of the Fund on sixty (60) 60 days' written notice to the Adviser Adviser; or (ii) by the Adviser on sixty (60) upon 60 days' written notice to the TrustFund. This Agreement shall terminate immediately upon its assignment.

Appears in 1 contract

Sources: Investment Advisory Agreement (Wintergreen Fund, Inc.)