Common use of Termination and Amendment of this Agreement Clause in Contracts

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 34 contracts

Sources: Underwriting Agreement (Lake Shore Family of Funds), Underwriting Agreement (Profit Funds Investment Trust), Underwriting Agreement (New York State Opportunity Funds)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by UnderwriterDistributor, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter Distributor by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter Distributor may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 29 contracts

Sources: Distribution Agreement (Williamsburg Investment Trust), Distribution Agreement (Schwartz Investment Trust), Distribution Agreement (Investment House Funds)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees Directors of the Trust Fund or at a meeting of the Shareholders of the Trust Fund by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees Directors of the Trust Fund who are not interested persons of the Trust Fund or of Underwriter Underwriter, by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust Fund or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 10 contracts

Sources: Distribution Agreement (Penn Street Fund Inc), Distribution Agreement (Quaker Investment Trust), Underwriting Agreement (Fairholme Funds Inc)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter Underwriter, by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 8 contracts

Sources: Underwriting Agreement (Diamond Hill Funds), Underwriting Agreement (Ameriprime Advisors Trust), Underwriting Agreement (Jhaveri Trust)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust Fund or at a meeting of the Shareholders of the Trust Fund by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust Fund who are not interested persons of the Trust Fund or of Underwriter Underwriter, by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust Fund or Underwriter may terminate this Agreement at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 6 contracts

Sources: Underwriting Agreement (Community Reinvestment Act Qualified Investment Fund), Underwriting Agreement (Agilex Funds), Underwriting Agreement (Homestate Group)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, Underwriter and (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding SharesTrust, and (iii) by including a majority of the Trustees of the Trust who are not interested persons persons” of the Trust or of Underwriter as that term is defined in the Investment Company Act of 1940 (“Independent Trustees”) or by the affirmative vote cast in person at of a meeting called for majority of the purpose outstanding Shares of voting on such approvalthe Trust and (iii) Investment Adviser. Either the Trust Trust, the Investment Adviser or Underwriter may at any time terminate this Agreement on sixty (60) days' days written notice delivered or mailed by registered mailmailed, postage prepaid, to the other party.

Appears in 4 contracts

Sources: Underwriting Agreement (Boston Trust & Walden Funds), Underwriting Agreement (Advisers Investment Trust), Underwriting Agreement (Boston Trust & Walden Funds)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 3 contracts

Sources: Underwriting Agreement (Markman Multifund Trust), Underwriting Agreement (Markman Multifund Trust), Underwriting Agreement (Markman Multifund Trust)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees Directors of the Trust Fund or at a meeting of the Shareholders of the Trust Fund by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees Directors of the Trust Fund who are not interested persons of the Trust Fund or of Underwriter by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust Fund or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 3 contracts

Sources: Underwriting Agreement (Boyar Value Fund Inc), Underwriting Agreement (Boyar Value Fund Inc), Underwriting Agreement (Boyar Value Fund Inc)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust Fund by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter Underwriter, by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 2 contracts

Sources: Underwriting Agreement (Ameriprime Funds), Underwriting Agreement (Ameriprime Funds)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust Company or at a meeting of the Shareholders of the Trust Company by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust Company who are not interested persons of the Trust Company or of Underwriter by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust Company or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 2 contracts

Sources: Underwriting Agreement (Firsthand Funds), Underwriting Agreement (Bonfiglio & Reed Investment Trust)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter Underwriter, by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may terminate this Agreement at any time terminate this Agreement on sixty thirty (6030) days' written notice delivered via facsimile or overnight courier or mailed by registered mail, postage prepaid, to the other party.

Appears in 2 contracts

Sources: Underwriting Agreement (Memorial Funds), Underwriting Agreement (Memorial Funds)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by UnderwriterDistributor, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter Distributor by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter Distributor may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 2 contracts

Sources: Distribution Agreement (Williamsburg Investment Trust), Distribution Agreement (Williamsburg Investment Trust)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust Fund or at a meeting of the Shareholders of the Trust Fund by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust Fund who are not interested persons of the Trust or of Underwriter Underwriter, by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust Fund or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 2 contracts

Sources: Underwriting Agreement (Upright Investments Trust), Underwriting Agreement (Upright Investments Trust)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved by each of (i) by Underwriter, (ii) the Trust, either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may at any time terminate this Agreement without the payment of any penalty, on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 2 contracts

Sources: Underwriting Agreement (Uc Investment Trust), Underwriting Agreement (Uc Investment Trust)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignmentassignment (as such term is defined under the Act). This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 1 contract

Sources: Underwriting Agreement (Wells Family of Real Estate Funds)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees Directors of the Trust Company or at a meeting of the Shareholders of the Trust Company by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees Directors of the Trust Company who are not interested persons of the Trust Company or of Underwriter by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust Company or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 1 contract

Sources: Underwriting Agreement (Electric City Funds Inc)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter Underwriter, by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may terminate this Agreement at any time terminate this Agreement on sixty thirty (6030) days' written notice delivered via facsimile or overnight courier or mailed by registered mail, postage prepaid, to the other party.

Appears in 1 contract

Sources: Underwriting Agreement (Memorial Funds)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter Underwriter, by vote cast in person at a meeting called for the purpose of voting on such approval. .Either the Trust or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 1 contract

Sources: Underwriting Agreement (Ameriprime Funds)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees Directors of the Trust Company or at a meeting of the Shareholders of the Trust Company by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees Directors of the Trust Company who are not interested persons of the Trust Company or of Underwriter by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust Company or Underwriter may at any time terminate this Agreement on sixty one hundred twenty (60120) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 1 contract

Sources: Underwriting Agreement (Caldwell & Orkin Funds Inc)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter Underwriter, by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may terminate this Agreement at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 1 contract

Sources: Underwriting Agreement (Community Reinvestment Act Qualified Investment Fund)

Termination and Amendment of this Agreement. This Agreement shall ------------------------------------------- automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter Underwriter, by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 1 contract

Sources: Underwriting Agreement (Innovative Funds)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees Directors of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees Directors of the Trust who are not interested persons of the Trust or of Underwriter Underwriter, by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may terminate this Agreement at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 1 contract

Sources: Underwriting Agreement (Ips Funds)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved by each of (i) by Underwriter, (ii) the Trust, either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may may, at any time time, terminate this Agreement without the payment of any penalty, on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 1 contract

Sources: Underwriting Agreement (Appleton Funds)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Sharesshares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter Underwriter, by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 1 contract

Sources: Underwriting Agreement (Analysts Investment Trust)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, as defined under the Act, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 1 contract

Sources: Underwriting Agreement (Markman Multifund Trust)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust Fund by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees Directors of the Trust Fund who are not interested persons of the Trust Fund or of Underwriter Underwriter, by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust Fund or Underwriter may terminate this Agreement at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

Appears in 1 contract

Sources: Underwriting Agreement (Fairholme Funds Inc)