Termination, Amendment and Assignment. (a) This Agreement may be terminated with respect to the Fund at any time, without the payment of any penalty, by vote of the Fund’s Board, by vote of a majority of those members of such Board who are not “interested persons” of the Fund as defined in the 1940 Act, or by vote of a majority of the outstanding voting securities of the Fund on 60 days’ written notice to You and us. (b) Notwithstanding subparagraphs 14(a) and 15(b), each party hereto has the right to terminate this Agreement without penalty upon 30 days’ notice to the other party; provided, however, that termination shall not affect any party’s obligations hereunder with respect to any transactions or activities occurring prior to the effective time of termination. (c) Upon termination of this Agreement, ongoing trail commissions and/or shareholder servicing fees shall no longer accrue or be paid to You. (d) We reserve the right to amend this Agreement in any respect effective on notice to You and Your placing of an order after the effective date of any such amendment shall constitute Your acceptance thereof. Each notice of amendment required by this paragraph shall be provided by electronic communication (i.e. email) or given in writing and delivered personally or mailed by certified mail or overnight courier service or sent by facsimile to the address identified herein or such other address as You may by written notice provide. (e) This Agreement will terminate automatically in the event of its assignment. This Agreement will terminate automatically with respect to the Fund in the event that the Distribution Agreement or Plan is terminated. (f) The indemnification provisions contained in this Agreement shall survive the termination of this Agreement.
Appears in 3 contracts
Sources: Dealer Agreement (Clarion Partners Real Estate Income Fund Inc.), Dealer Agreement (Permal Hedge Strategies Fund II), Dealer Agreement (Permal Hedge Strategies Fund)
Termination, Amendment and Assignment. (a) This Agreement may be terminated with respect to the any Fund at any time, without the payment of any penalty, by vote of the Fund’s 's Board, by vote of a majority of those members of such Board who are not “"interested persons” " of the that Fund as defined in the 1940 Act, or by vote of a majority of the outstanding voting securities of the a Fund on 60 days’ ' written notice to You you and us.
(b) Notwithstanding subparagraphs 14(a7(a) and 15(b14(a), each party hereto has the right to terminate this Agreement without penalty upon 30 days’ notice to the other party; provided, however, that termination shall not affect any party’s 's obligations hereunder with respect to any transactions or activities occurring prior to the effective time of termination.
(c) Upon termination of this Agreement, ongoing trail commissions and/or shareholder servicing fees shall no longer accrue or be paid to Youyou.
(d) We reserve the right to amend this Agreement in any respect effective on notice to You you and Your your placing of an order after the effective date of any such amendment shall constitute Your your acceptance thereof; provided, however, that any changes to Schedule A shall be effective upon notice to you. Each notice of amendment required by this paragraph shall be provided by electronic communication (i.e. email) or given in writing and delivered personally or mailed by certified mail or overnight courier service or sent by facsimile to the address identified herein or such other address as You you may by written notice provide.
(e) This Agreement will terminate automatically automatically, unless amended in accordance with paragraph (d) of this section, in the event of its assignment. This Agreement will terminate automatically with respect to the any Fund in the event that the Distribution Agreement or Plan with respect to such Fund is terminated.
(f) The indemnification provisions contained in this Agreement shall survive the termination of this Agreement.
Appears in 1 contract
Sources: Selected Dealer Agreement (Realty Capital Income Funds Trust)
Termination, Amendment and Assignment. (a) This Agreement may be terminated with respect to the Fund at any time, without the payment of any penalty, by vote of the Fund’s 's Board, by vote of a majority of those members of such Board who are not “"interested persons” " of the Fund as defined in the 1940 Act, or by vote of a majority of the outstanding voting securities of the a Fund on 60 days’ ' written notice to You you and us.
(b) Notwithstanding subparagraphs 14(a) and 15(b), each party hereto has We reserve the right to terminate this Agreement at any time without penalty upon 30 days’ notice to if any Shares shall be offered for sale by you at less than the other party; providedcurrent public offering price determined by, or for the Fund.
(c) Notwithstanding subparagraphs 7(a), 7(b) and 14(a), however, that termination shall not affect any party’s 's obligations hereunder with respect to any transactions or activities occurring prior to the effective time of termination.
(cd) Upon termination of this Agreement, ongoing trail commissions and/or shareholder servicing fees shall no longer accrue or be paid to Youyou.
(de) We reserve the right to amend this Agreement in any respect effective on notice to You you and Your your placing of an order after the effective date of any such amendment shall constitute Your your acceptance thereof. Each notice of amendment required by this paragraph shall be provided by electronic communication (i.e. email) or given in writing and delivered personally or mailed by certified mail or overnight courier service or sent by facsimile to the address identified herein or such other address as You you may by written notice provide.
(ef) This Agreement will terminate automatically automatically, unless amended in accordance with paragraph (e) of this section, in the event of its assignment. Either party hereto may cancel Agreement without penalty upon sixty (60) days’ written notice. This Agreement will terminate automatically with respect to the Fund in the event that the Distribution Agreement or Plan with respect to the Fund is terminated.
(fg) The indemnification provisions contained in this Agreement shall survive the termination of this Agreement.
Appears in 1 contract
Sources: Selected Dealer Agreement (American Real Estate Income Fund)
Termination, Amendment and Assignment. (a) This Agreement may be terminated with respect to the any Fund at any time, without the payment of any penalty, by vote of the Fund’s Board, by vote of a majority of those members of such Board who are not “interested persons” of the that Fund as defined in the 1940 Act, or by vote of a majority of the outstanding voting securities of the a Fund on 60 days’ written notice to You and us.
(b) Notwithstanding subparagraphs 14(a15(a) and 15(b16(b), each party hereto has the right to terminate this Agreement without penalty upon 30 days’ notice to the other party; provided, however, that termination shall not affect any party’s obligations hereunder with respect to any transactions or activities occurring prior to the effective time of termination.
(c) Upon termination of this Agreement, ongoing trail commissions and/or shareholder servicing fees shall no longer accrue or be paid to You.
(d) We reserve the right to amend this Agreement in any respect effective on notice to You and Your placing of an order after the effective date of any such amendment shall constitute Your acceptance thereof. Each notice of amendment required by this paragraph shall be provided by electronic communication (i.e. email) or given in writing and delivered personally or mailed by certified mail or overnight courier service or sent by facsimile to the address identified herein or such other address as You may by written notice provide.
(e) This Agreement will terminate automatically in the event of its assignment. This Agreement will terminate automatically with respect to the any Fund in the event that the Distribution Agreement or Plan with respect to such Fund is terminated.
(f) The indemnification provisions contained in this Agreement shall survive the termination of this Agreement.
Appears in 1 contract
Termination, Amendment and Assignment. (a) This Agreement may be terminated with respect to the any Fund at any time, without the payment of any penalty, by vote of the Fund’s 's Board, by vote of a majority of those members of such Board who are not “"interested persons” " of the that Fund as defined in the 1940 Act, or by vote of a majority of the outstanding voting securities of the a Fund on 60 days’ ' written notice to You you and us.
(b) Notwithstanding subparagraphs subparagraph 14(a) and 15(b), each party hereto has the right to terminate this Agreement without penalty upon 30 days’ ' notice to the other party; provided, however, that termination shall not affect any party’s 's obligations hereunder with respect to any transactions or activities occurring prior to the effective time of termination.
(c) Upon termination of this Agreement, ongoing trail commissions and/or shareholder servicing fees shall no longer accrue or be paid to Youyou.
(d) We reserve the right to amend this Agreement in any respect effective on notice to You you and Your your placing of an order after the effective date of any such amendment shall constitute Your your acceptance thereof; provided, however, that any changes to Schedule A shall be effective upon notice to you. Each notice of amendment required by this paragraph shall be provided by electronic communication (i.e. email) or given in writing and delivered personally or mailed by certified mail or overnight courier service or sent by facsimile to the address identified herein or such other address as You you may by written notice provide.
(e) This Agreement will terminate automatically automatically, unless amended in accordance with paragraph (d) of this section, in the event of its assignment. This Agreement will terminate automatically with respect to the any Fund in the event that the Distribution Agreement or Plan with respect to such Fund is terminated.
(f) The indemnification provisions contained in this Agreement shall survive the termination of this Agreement.
Appears in 1 contract
Sources: Selected Dealer Agreement (Legg Mason Growth Trust Inc)