TERM AND TERMINATION OF THIS AGREEMENT; NO ASSIGNMENT. a. This Agreement shall become effective with respect to a Fund at the time the Fund commences operations pursuant to an effective Registration Statement, or amendment thereto, under the Securities Act of 1933, as amended, after the approval by a majority of the Trust’s Trustees who are not interested persons (as defined in the ▇▇▇▇ ▇▇▇) and, if required by applicable law, by a vote of a majority of the outstanding voting securities of a Fund. The Agreement shall, unless terminated as hereinafter provided, continue in effect for a period of two (2) years from the date of effectiveness with respect to a Fund. This Agreement shall continue in effect thereafter for additional periods not exceeding one (1) year so long as such continuation is approved for a Fund at least annually by (i) the Board or by the vote of a majority of the outstanding voting securities of the Fund and (ii) the vote of a majority of the Trustees of the Trust who are not parties to this Agreement nor interested persons thereof, cast in person at a meeting called for the purpose of voting on such approval. The terms “majority of the outstanding voting securities” and “interested persons” shall have the meanings as set forth in the 1940 Act. b. This Agreement may be terminated by the Trust on behalf of a Fund at any time without payment of any penalty, by the Board, or by vote of a majority of the outstanding voting securities of the Fund, upon sixty (60) days’ written notice to the Adviser, and by the Adviser upon sixty (60) days’ written notice to the Fund. In the event of a termination, the Adviser shall cooperate in the orderly transfer of a Fund’s affairs and, at the request of the Board, transfer any and all books and records of the Fund maintained by the Adviser on behalf of the Fund. c. This Agreement shall terminate automatically in the event of any transfer or assignment thereof, as defined in the 1940 Act.
Appears in 4 contracts
Sources: Investment Advisory Agreement (Total Fund Solution), Investment Advisory Agreement (Total Fund Solution), Investment Advisory Agreement (Total Fund Solution)
TERM AND TERMINATION OF THIS AGREEMENT; NO ASSIGNMENT. a. (a) This Agreement shall become effective with respect to a Fund at upon the time the Fund commences operations pursuant to an effective Registration Statement, or amendment thereto, under the Securities Act of 1933, as amended, after the date set forth in Schedule A provided that approval by a majority of the Trust’s Trustees who are not interested persons (as defined in the ▇▇▇▇ ▇▇▇1940 Act) and, if required required, by applicable law, by a vote of a majority of the outstanding voting securities of a Fundthe Fund has been obtained. The Agreement shall, unless terminated as hereinafter provided, continue in effect for a period of up to two (2) years from the date of effectiveness with respect to a Fund. This Agreement shall continue in effect thereafter for additional periods not exceeding one (1) year so long as such continuation is approved for a Fund at least annually by (i) the Board or by the vote of a majority of the outstanding voting securities of the Fund and (ii) the vote of a majority of the Trustees of the Trust who are not parties to this Agreement nor interested persons thereof, cast in person at a meeting called for the purpose of voting on such approval. The terms “majority of the outstanding voting securities” and “interested persons” shall have the meanings as set forth in the 1940 Act.
b. (b) This Agreement may be terminated by the Trust on behalf of a Fund at any time without payment of any penalty, by the Board, by the Adviser, or by vote of a majority of the outstanding voting securities of the FundFund without the payment of any penalties, upon at least sixty (60) days’ written notice to the Sub-Adviser, and by the Sub-Adviser upon at least sixty (60) days’ written notice to the FundFund and the Adviser. In the event of a termination, the Sub-Adviser shall cooperate in the orderly transfer of a Fund’s affairs and, at the request of the BoardBoard or the Adviser, transfer any and all books and records of the Fund maintained by the Sub-Adviser on behalf of the Fund.
c. (c) This Agreement shall terminate automatically in the event (i) of any transfer or assignment thereof, as defined in the 1940 Act, or (ii) the Advisory Agreement is terminated.
Appears in 2 contracts
Sources: Investment Sub Advisory Agreement (Tortoise Capital Series Trust), Investment Sub Advisory Agreement (Tortoise Capital Series Trust)
TERM AND TERMINATION OF THIS AGREEMENT; NO ASSIGNMENT. a. (a) This Agreement shall become effective with respect to a the Fund at the time the Fund commences operations pursuant to an effective amendment to the Trust’s Registration Statement, or amendment thereto, Statement under the Securities Act of 1933, as amended, after the approval by a majority of the Trust’s Trustees who are not interested persons (unless sooner terminated as defined in the ▇▇▇▇ ▇▇▇) and, if required by applicable law, by a vote of a majority of the outstanding voting securities of a Fundhereinafter provided. The Agreement shall, unless terminated as hereinafter provided, continue in effect for a period of two (2) years from the date of effectiveness with respect to a Fund. This Agreement shall continue in effect thereafter for additional periods not exceeding one (1) year so long as such continuation is approved for a Fund at least annually by (i) the Board or by the vote of a majority of the outstanding voting securities of the Fund and (ii) the vote of a majority of the Trustees of the Trust who are not parties to this Agreement nor interested persons thereof, cast in person at a meeting called for the purpose of voting on such approval. The terms “majority of the outstanding voting securities” and “interested persons” shall have the meanings as set forth in the 1940 Act.
b. (b) This Agreement may be terminated by the Trust on behalf of a Fund at any time without payment of any penalty, by the Board, or by vote of a majority of the outstanding voting securities of the Fund, upon sixty (60) days’ written notice to the Adviser, and by the Adviser upon sixty (60) days’ written notice to the Fund. In the event of a termination, the Adviser shall cooperate in the orderly transfer of a Fund’s affairs and, at the request of the Board, transfer any and all books and records of the Fund maintained by the Adviser on behalf of the Fund.
c. (c) This Agreement shall terminate automatically in the event of any transfer or assignment thereof, as defined in the 1940 Act.
Appears in 1 contract
Sources: Investment Advisory Agreement (Managed Portfolio Series)
TERM AND TERMINATION OF THIS AGREEMENT; NO ASSIGNMENT. a. (a) This Agreement shall become effective with respect to a Fund at immediately upon the time commencement of the Fund commences operations pursuant to an effective Registration Statement, or amendment thereto, under Adviser’s management of the Securities Act of 1933, as amendedFund, after the latter of approval by a majority of the Trust’s Trustees who are not interested persons (as defined in the ▇▇▇▇ ▇▇▇1940 Act) and, if required by applicable law, by a vote of a majority of the outstanding voting securities of a Fund. The Agreement shall, unless terminated as hereinafter provided, continue in effect for a period of two (2) years from the date of effectiveness with respect to a Fund. This Agreement shall continue in effect thereafter for additional periods not exceeding one (1) year so long as such continuation is approved for a Fund at least annually by (i) the Board or by the vote of a majority of the outstanding voting securities of the Fund and (ii) the vote of a majority of the Trustees of the Trust who are not parties to this Agreement nor interested persons thereof, cast in person at a meeting called for the purpose of voting on such approval. The terms “majority of the outstanding voting securities” and “interested persons” shall have the meanings as set forth in the 1940 Act.
b. (b) This Agreement may be terminated by the Trust on behalf of a Fund at any time without payment of any penalty, by the Board, or by vote of a majority of the outstanding voting securities of the Fund, upon at least sixty (60) days’ written notice to the Adviser, and by the Adviser upon at least sixty (60) days’ written notice to the Fund. In the event of a termination, the Adviser shall cooperate in the orderly transfer of a Fund’s affairs and, at the request of the Board, transfer any and all books and records of the Fund maintained by the Adviser on behalf of the Fund.
c. (c) This Agreement shall terminate automatically in the event of any transfer or assignment thereof, as defined in the 1940 Act.
Appears in 1 contract
Sources: Investment Advisory Agreement (Tortoise Capital Series Trust)
TERM AND TERMINATION OF THIS AGREEMENT; NO ASSIGNMENT. a. (a) This Agreement shall become effective with respect to a Fund at the time the Fund commences operations pursuant to an effective Registration Statement, or amendment thereto, under the Securities Act of 1933, as amended, after the approval by a majority of the Trust’s Trustees who are not interested persons (as defined in the ▇▇▇▇ ▇▇▇) and, if required by applicable law, by a vote of a majority of the outstanding voting securities of a Fund. The Agreement shall, unless terminated as hereinafter provided, continue in effect for a period of two (2) years from the date of effectiveness with respect to a Fund. This Agreement shall continue in effect thereafter for additional periods not exceeding one (1) year so long as such continuation is approved for a Fund at least annually by (i) the Board or by the vote of a majority of the outstanding voting securities of the Fund and (ii) the vote of a majority of the Trustees of the Trust who are not parties to this Agreement nor interested persons thereof, cast in person at a meeting called for the purpose of voting on such approval. The terms “majority of the outstanding voting securities” and “interested persons” shall have the meanings as set forth in the 1940 Act.
b. (b) This Agreement may be terminated by the Trust on behalf of a Fund at any time without payment of any penalty, by the Board, or by vote of a majority of the outstanding voting securities of the Fund, upon sixty (60) days’ written notice to the Adviser, and by the Adviser upon sixty (60) days’ written notice to the Fund. In the event of a termination, the Adviser shall cooperate in the orderly transfer of a Fund’s affairs and, at the request of the Board, transfer any and all books and records of the Fund maintained by the Adviser on behalf of the Fund.
c. (c) This Agreement shall terminate automatically in the event of any transfer or assignment thereof, as defined in the 1940 Act.
Appears in 1 contract
Sources: Investment Advisory Agreement (Total Fund Solution)