Common use of Amendments Clause in Contracts

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 328 contracts

Samples: Sub Advisory Agreement (Voya Enhanced Securitized Income Fund), Sub Advisory Agreement (Voya EQUITY TRUST), Sub Advisory Agreement (Voya MUTUAL FUNDS)

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Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 93 contracts

Samples: Administrative Services Agreement (Virtus ETF Trust II), Chief Compliance Officer Services Agreement (DSS Americafirst Quantitative Funds), Chief Compliance Officer Services Agreement (Forester Funds Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by in accordance with applicable law.

Appears in 91 contracts

Samples: Investment Subadvisory Agreement (Savos Investments Trust), Investment Advisory Agreement (Consulting Group Capital Markets Funds), Investment Advisory Agreement (Consulting Group Capital Markets Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Trust's outstanding voting securities.

Appears in 88 contracts

Samples: Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust)

Amendments. No provision provisions of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as in the manner required by applicable lawthe 1940 Act.

Appears in 88 contracts

Samples: Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc), Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc), Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Trust’s outstanding voting securities.

Appears in 82 contracts

Samples: Investment Sub Advisory Agreement (Cantor Select Portfolios Trust), Investment Sub Advisory Agreement (Cantor Select Portfolios Trust), Investment Sub Advisory Agreement (Starboard Investment Trust)

Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 82 contracts

Samples: Loan Agreement (Elevate.Money REIT I, Inc.), Condominium Purchase Agreement, Condominium Purchase Agreement

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only except by an instrument in writing signed by the party against which an enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 79 contracts

Samples: Distribution Agreement (Capitol Series Trust), Distribution Agreement (Capitol Series Trust), Distribution Agreement (Capitol Series Trust)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 73 contracts

Samples: Administration Agreement (BofA Funds Series Trust), Administration Agreement (Nations Separate Account Trust), Administration Agreement (Nations Separate Account Trust)

Amendments. No provision of Neither this Agreement nor any provision hereof may be changedamended, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the changeamendment, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 67 contracts

Samples: Securities Purchase Agreement (Sekur Private Data Ltd.), Loan Agreement (Versus Systems Inc.), Loan Agreement (Versus Systems Inc.)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund’s outstanding voting securities.

Appears in 58 contracts

Samples: Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust), Sub Advisory Agreement (Timothy Plan)

Amendments. No provision of this This Agreement may not be changedamended, waivednor shall any waiver, discharged change, modification, consent or terminated orally, but only discharge be effected except by an instrument in writing signed executed by or on behalf of the party against which whom enforcement of the any waiver, change, waivermodification, consent or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 49 contracts

Samples: Employment Agreement (Environmental Impact Acquisition Corp), Employment Agreement (Biotech Products Services & Research, Inc.), Employment Agreement (MODERN HOLDINGS Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund's outstanding voting securities.

Appears in 38 contracts

Samples: Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust)

Amendments. No provision of this Agreement may shall be changedaltered, waivedamended, discharged revoked or terminated orally, but only waived except by an instrument in writing signed by the party against which enforcement of the changesought to be charged with such amendment, revocation or waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 36 contracts

Samples: Employment Agreement, Employment Agreement (Array Biopharma Inc), Employment Agreement (Nivalis Therapeutics, Inc.)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund's outstanding voting securities.

Appears in 32 contracts

Samples: Investment Advisory Agreement (Legg Mason Income Trust Inc), Investment Advisory Agreement (Legg Mason Light Street Trust Inc), Investment Advisory Agreement (Legg Mason Income Trust Inc)

Amendments. No provision modification, waiver, amendment, discharge or change of this Agreement may shall be changed, waived, discharged or terminated orally, but only by an instrument valid unless the same is in writing and signed by the party against which whom the enforcement of the changesuch modification, waiver, amendment, discharge or termination change is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 28 contracts

Samples: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (UWM Holdings Corp)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . A written amendment of this Agreement shall be is effective until approved as required by applicable lawupon the approval of the Board of Directors/Trustees and the Manager.

Appears in 27 contracts

Samples: Allocation Agreement (Voya EQUITY TRUST), Allocation Agreement (Voya EQUITY TRUST), Allocation Agreement (Voya Enhanced Securitized Income Fund)

Amendments. No provision of this This Agreement may not be changed, waivedamended, discharged terminated or terminated superseded orally, but only by an agreement in writing, nor may any of the provisions hereof be waived orally, but only by an instrument in writing writing, in any such case signed by the party against which whom enforcement of the any change, amendment, termination, waiver, modification, extension or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 25 contracts

Samples: Employment Agreement (Boxlight Corp), Employment Agreement (Boxlight Corp), Employment Agreement (Boxlight Corp)

Amendments. No term or provision of this Agreement may be amended, changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which the enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 25 contracts

Samples: Non Exclusive Aircraft Lease Agreement (Carlyle Group Inc.), Aircraft Lease Agreement, Non Exclusive Aircraft Lease Agreement

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by telephone or by any other means except by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 24 contracts

Samples: Purchase and Sale Agreement, Indemnification & Liability (Carter Validus Mission Critical REIT II, Inc.), Commercial Real Estate Term Note (Amphastar Pharmaceuticals, Inc.)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall will be effective with respect to any Fund until approved as required by applicable lawvote of the holders of a majority of the Fund’s outstanding voting securities.

Appears in 23 contracts

Samples: Investment Advisory Agreement (Horizon Funds), Investment Advisory Agreement (Horizon Funds), Investment Advisory Agreement (Horizon Funds)

Amendments. No provision of this This Agreement may not be changedamended, waivednor shall any waiver, discharged change, modification, consent or terminated orallydischarge be effected, but only except by an instrument in writing signed executed by or on behalf of the party against which whom enforcement of the changeany amendment, waiver, change, modification, consent or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 23 contracts

Samples: Stock Purchase Agreement, Transaction Agreement (RMR Group Inc.), Purchase and Sale Agreement (Adcare Health Systems, Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge discharge, or termination is sought, and no material amendment of this Agreement shall be effective until approved except as required permitted by applicable lawlaw and the prior written approval of the Adviser and the Board.

Appears in 19 contracts

Samples: Sub Sub Advisory Agreement (MassMutual Access Pine Point Fund), Sub Sub Advisory Agreement (MML Series Investment Fund II), Sub Sub Advisory Agreement (MassMutual Advantage Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orallyterminated, but only except by an instrument in writing signed by the party against which whom an enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 17 contracts

Samples: Transfer Agency Agreement (Kent Funds), Distribution Agreement (Kent Funds), Transfer Agency Agreement (Kent Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund’s outstanding voting securities.

Appears in 14 contracts

Samples: Investment Advisory Agreement (Legg Mason Global Asset Management Trust), Investment Advisory Agreement (Legg Mason Global Asset Management Trust), Investment Advisory and Management Agreement (Legg Mason Global Asset Management Trust)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Trust, Series and/or Class shall be effective until approved as required by applicable lawthe Board.

Appears in 13 contracts

Samples: Administration Agreement (Carillon Series Trust), Administration Agreement (American Beacon Funds), Administration Agreement (American Beacon Funds)

Amendments. No term or provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawboth parties.

Appears in 11 contracts

Samples: Aircraft Time Sharing Agreement (Chubb LTD), Aircraft Time Sharing Agreement, Aircraft Time Sharing Agreement (Bank of America Corp /De/)

Amendments. No provision of Neither this Agreement nor any of its terms may be changedchanged or modified, waived, discharged or terminated orally, but only (unless as otherwise provided hereunder) except by an instrument in writing signed by an authorized representative of the party against which whom the enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 10 contracts

Samples: Management Agreement, Management Agreement, Management Services Agreement

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orallyterminated, but only except by an instrument in writing signed by the party or parties against which whom an enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 10 contracts

Samples: Sub Investment Advisory Agreement (Amsouth Mutual Funds), Sub Investment Advisory Agreement (Infinity Mutual Funds Inc), Sub Investment Advisory Agreement (Infinity Mutual Funds Inc /Md/)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved with such approvals as required by applicable law.

Appears in 10 contracts

Samples: Investment Advisory Agreement (Aston Funds), Investment Advisory Agreement (Aston Funds), Investment Management Agreement (Allstate Financial Investment Trust)

Amendments. No provision of Neither this Agreement nor any of its provisions may be changed, waivedamended, modified, waived or discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiveramendment, modification, waiver or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 10 contracts

Samples: Loan Agreement (WORTHPOINT Corp), Commercial Security Agreement (Dailey Petroleum Services Corp), Security Agreement (Xplorer S A)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Series shall be effective until approved as by the Board and such Series shareholders to the extent required by applicable lawthe 1940 Act.

Appears in 10 contracts

Samples: Investment Advisory Agreement (Carillon Series Trust), Investment Advisory Agreement (Carillon Series Trust), Investment Advisory Agreement (Carillon Series Trust)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no amendment of this Agreement shall be effective with respect to a Fund until approved as by a vote of a majority of the outstanding voting securities of such Fund, if such approval is required by applicable law.

Appears in 9 contracts

Samples: Investment Sub Advisory Agreement (Atlas Funds), Subadvisory Agreement (Atlas Funds), Subadvisory Agreement (Atlas Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a the Trust or a Fund shall be effective until approved as required by applicable lawthe Board.

Appears in 8 contracts

Samples: Administrative Services Agreement (U S Global Investors Inc), Administrative Services Agreement (Us Global Investors Funds), Administrative Services Agreement (U S Global Investors Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and and, to the extent required by law, no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund’s outstanding voting securities.

Appears in 7 contracts

Samples: Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust)

Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 7 contracts

Samples: Building Loan Agreement (Spurlock Industries Inc), Building Loan Agreement (Angiodynamics Inc), Building Loan Contract (Mechanical Technology Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement as to the Fund shall be effective until approved as by vote of a majority of the Fund’s outstanding voting securities, if required by the 1940 Act or other applicable law.

Appears in 7 contracts

Samples: Investment Advisory Agreement (Centre Funds), Investment Advisory Agreement (Centre Funds), Investment Advisory Agreement (Centre Funds)

Amendments. No provision of this This Agreement may not be changedamended, waivednor shall any waiver, discharged change, modification, consent or terminated orallydischarge be effected, but only except by an instrument in writing signed executed by or on behalf of the party against which whom enforcement of the changeany such amendment, waiver, change, modification, consent or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 7 contracts

Samples: Distribution Services Agreement, Parts Supply Agreement, Distribution Services Agreement (Aviall Inc)

Amendments. No provision modification, waiver, amendment, discharge or change of this Agreement may shall be changed, waived, discharged or terminated orally, but only by an instrument valid unless the same is in writing and signed by the party against which the enforcement of the changesaid modification, waiver, amendment, discharge or termination change is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 6 contracts

Samples: Independent Director Agreement (QKL Stores Inc.), Board Member Agreement (Gulf Resources, Inc.), Board Member Agreement (Gulf Resources, Inc.)

Amendments. No provision of this Agreement may be changed, waiveddischarged, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 6 contracts

Samples: Administration Agreement (Saratoga Advantage Trust), Fund Accounting and Administration Agreement (Security Capital Employee Reit Fund Inc), Sub Administration Agreement (Morgan Stanley Institutional Fund Inc)

Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 6 contracts

Samples: Loan Agreement (Starfighters Space, Inc.), Revolving Loan Agreement, Revolving Loan Agreement (Superior Uniform Group Inc)

Amendments. No term or provision of this Agreement may be changed, waivedamended, discharged or terminated orally, but only except by an instrument in writing signed by the party against which the enforcement of the change, waiveramendment, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 6 contracts

Samples: Standby Purchase Agreement, Standby Guarantee Agreement (Clay Thomas Moragne), Standby Guarantee Agreement (Imperial Metals Corp)

Amendments. No provision of this Agreement agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no amendment of this Agreement shall be effective until approved as by a vote of a majority of the outstanding voting securities of the Global Series, if such approval is required by applicable law.

Appears in 6 contracts

Samples: Portfolio Management Agreement (Fremont Mutual Funds Inc), Portfolio Management Agreement (Fremont Mutual Funds Inc), Portfolio Management Agreement (Fremont Mutual Funds Inc)

Amendments. No provision of this Agreement may be changedamended, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the changeamendment, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 5 contracts

Samples: Loan Consolidation Agreement (Consolidated Envirowaste Industries Inc), Convertible Loan Agreement (Idaho Consolidated Metals Corp), Convertible Loan Agreement (Idaho Consolidated Metals Corp)

Amendments. No Subject to the provisions of the Act, no provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 5 contracts

Samples: Investment Advisory Agreement (Centaur Mutual Funds Trust), Investment Advisory Agreement (Centaur Mutual Funds Trust), Investment Advisory Agreement (Centaur Mutual Funds Trust)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund's outstanding voting securities.

Appears in 5 contracts

Samples: Investment Advisory Agreement (Berkshire Capital Investment Trust), Certificate of Amendment of Certificate of Trust (Berkshire Funds), Investment Advisory Agreement (Berkshire Capital Investment Trust)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no material amendment of this Agreement shall be effective with respect to a Fund until approved as by a vote of a majority of the outstanding voting securities of such Fund, if such approval is required by applicable law.

Appears in 5 contracts

Samples: Subadvisory Agreement (Atlas Funds), Sub Advisory Agreement (Atlas Assets Inc), Subadvisory Agreement (Atlas Assets Inc)

Amendments. No provision Except as specifically provided herein, neither this Agreement, nor any of this Agreement its term or provisions, may be changed, waived, discharged or terminated orallyterminated, but only except by an a written instrument in writing signed by the party against which the enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 5 contracts

Samples: Signatory Lease and Operating Agreement, Signatory Lease and Operating Agreement, Signatory Lease and Operating Agreement

Amendments. No provision of this Agreement may be changed, waived---------- discharged, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 5 contracts

Samples: Fund Accounting and Administration Agreement (Security Capital U S Real Estate Shares Inc), Fund Accounting and Administration Agreement (Security Capital U S Real Estate Shares Inc), Fund Accounting and Administration Agreement (Security Capital U S Real Estate Shares Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved in accordance with the requirements of the 1940 Act, as required such requirements may be modified by applicable lawrule, regulation, order or guidance of the SEC or its staff.

Appears in 4 contracts

Samples: Subadvisory Agreement (Clearwater Investment Trust), Subadvisory Agreement (Clearwater Investment Trust), Subadvisory Agreement (Clearwater Investment Trust)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 4 contracts

Samples: Sub Advisory Agreement (Ing Series Fund Inc), Sub Advisory Agreement (Ing Series Fund Inc), Sub Advisory Agreement (Ing Series Fund Inc)

Amendments. No provision of Neither this Agreement nor any provision hereof may be amended, changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 4 contracts

Samples: Construction Loan Agreement, Loan Agreement (Investors Real Estate Trust), Construction and Term Loan Agreement (Investors Real Estate Trust)

Amendments. No provision of this Agreement may shall be changed, waived, discharged or terminated orallyamended, but only except by an instrument in writing signed by the party against which enforcement of the changewhom any such waiver, waivermodification, discharge or termination amendment is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 4 contracts

Samples: Offshore Securities Subscription Agreement (American International Petroleum Corp /Nv/), Offshore Securities Subscription Agreement (American International Petroleum Corp /Nv/), Offshore Securities Subscription Agreement (Sequester Holdings Inc/Nv)

Amendments. No provision of this This Agreement may shall not be changedamended, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the changeamendment, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 4 contracts

Samples: Loan Agreement (Hybrid Technologies Inc.), Loan Agreement (Li-Ion Motors Corp.), Loan Agreement (Li-on Motors Corp.)

Amendments. No provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Trust's outstanding voting securities.

Appears in 4 contracts

Samples: Investment Advisory Agreement (Cm Advisers Family of Funds), Investment Advisory Agreement (NCM Capital Investment Trust), Investment Advisory Agreement (Tilson Investment Trust)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only except by an instrument in writing signed by the party against which all enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: Distribution Agreement (Excelsior Funds Trust), Distribution Agreement (Excelsior Institutional Trust), Distribution Agreement (Excelsior Institutional Trust)

Amendments. No provision of this This Agreement may not be changedamended, waivedmodified, discharged or terminated orallywaived orally or by course of conduct, but only by an instrument agreement in writing writing, signed by or on behalf of the party Party against which whom enforcement of the changeany amendment, waivermodification, discharge or termination waiver is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: Limited Liability Company Interest Purchase Agreement, Assignment of Membership Interests (Eastside Distilling, Inc.), Limited Liability Company Interest Purchase Agreement (Danaher Corp /De/)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . No amendment of this Agreement shall be effective until approved as required by applicable lawvote of a majority of the outstanding voting securities of the Fund.

Appears in 3 contracts

Samples: Sub Advisory Agreement (Allegiant Funds), Sub Advisory Agreement (Allegiant Funds), Sub Advisory Agreement (Allegiant Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Fund shall be effective until approved as by the Board and such Fund’s shareholders to the extent required by applicable lawthe 1940 Act.

Appears in 3 contracts

Samples: Investment Advisory Agreement (PineBridge Mutual Funds), Investment Advisory Agreement (Chou America Mutual Funds), Investment Advisory Agreement (PineBridge Mutual Funds)

Amendments. No Except as otherwise expressly provided herein, no provision of this Agreement may be changedmodified, waived, discharged waived or terminated orally, but only except by an instrument agreement in writing signed executed by the party against which enforcement of the changewhom such modification, waiver, discharge waiver or termination is sought, and no amendment of this Agreement shall sought to be effective until approved as required by applicable lawenforced.

Appears in 3 contracts

Samples: Proposal Agreement for Producers, Proposal Agreement for Producers, Proposal Agreement for Producers

Amendments. No provision of this Agreement may be changed, waived, discharged or ---------- terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: Co Administration Agreement (Nations Funds Trust), Co Administration Agreement (Nations Master Investment Trust), Co Administration Agreement (Nations Funds Trust)

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Amendments. No term or provision of this Agreement may be amended, changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which the enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: Aircraft Dry Lease Agreement (Cloudastructure, Inc.), Aircraft Lease Agreement, Aircraft Lease Agreement (U-Store-It Trust)

Amendments. No provision of this Agreement may be changed, waived, ---------- discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: Co Administration Agreement (Nations Funds Trust), Co Administration Agreement (Nations Separate Account Trust), Co Administration Agreement (Nations Master Investment Trust)

Amendments. No term or provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which whom the enforcement of the such change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: Strategic Supply Agreement (Consumers Us Inc), Rebate Agreement (Consumers Us Inc), Rebate Agreement (Consumers Us Inc)

Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement endorsement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: License Agreement (Sforza Enterprises Inc), License Agreement (Sforza Enterprises Inc), License Agreement (Sforza Enterprises Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no amendment of this Agreement shall be effective until approved as by a vote of a majority of the outstanding voting securities of the Fund, if such approval is required by applicable law.

Appears in 3 contracts

Samples: Subadvisory Agreement (Atlas Assets Inc), Subadvisory Agreement (Atlas Assets Inc), Subadvisory Agreement (Atlas Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . No amendment of this Agreement shall be effective until approved as by vote of a majority of the outstanding voting securities of the Fund to the extent required by applicable lawunder the 1940 Act.

Appears in 3 contracts

Samples: Sub Advisory Agreement (PNC Funds), Sub Advisory Agreement (Allegiant Funds), Sub Advisory Agreement (Allegiant Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Fund shall be effective until approved as by the Board and such Fund shareholders to the extent required by applicable lawthe 1940 Act.

Appears in 3 contracts

Samples: Management Agreement (American Beacon Funds), Management Agreement (American Beacon Funds), Management Agreement (American Beacon Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . A written amendment of this Agreement shall be is effective until approved as required by applicable lawupon the approval of each Board and the Manager.

Appears in 3 contracts

Samples: Allocation Agreement (Ing Vp Money Market Portfolio), Allocation Agreement (Ing Series Fund Inc), Allocation Agreement (Ing Vp Bond Portfolio)

Amendments. No provision of Neither this Agreement nor any term or provision hereof may be changed, waived, waived or discharged or terminated orally, but only by an instrument in writing signed by the party against which the enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: Operator Management Agreement (Digital Cinema Destinations Corp.), Management Services Agreement (Cinemark Inc), Management Services Agreement (Cinemark Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Funds' outstanding voting securities.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Amidex Funds Inc), Investment Advisory Agreement (Amidex Funds Inc), Investment Advisory Agreement (Amidex Funds Inc)

Amendments. No provision of this Agreement may be amended, changed, waived, discharged discharged, or terminated orally, but only except by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: Lease Agreement (1847 Goedeker Inc.), Subordination, Nondisturbance and Attornment Agreement, Subordination, Nondisturbance and Attornment Agreement

Amendments. No provision of Neither this Agreement nor any provisions hereof may be changedwaived, waivedmodified, amended, discharged or terminated orallyterminated, but only except by an instrument in writing signed by the party against which whom the enforcement of the changesuch waiver, waivermodification, amendment, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawthen only to the extent set forth in such instrument.

Appears in 3 contracts

Samples: Consulting Services Agreement (Red Cat Holdings, Inc.), Executive Employment Agreement (Red Cat Holdings, Inc.), Consulting Services Agreement (Artistdirect Inc)

Amendments. No provision of this This Agreement may not be changed, waived, changed or discharged or terminated orally, but only by an instrument agreement in writing and signed by the party against which enforcement of the changeSecured Party, and any oral waiver, change or discharge or termination is sought, and no amendment of any provision of this Agreement shall be effective until approved as required by applicable lawwithout authority and of no force and effect.

Appears in 3 contracts

Samples: Security Agreement (Green Mountain Coffee Inc), Security Agreement (Presstek Inc /De/), Security Agreement (Presstek Inc /De/)

Amendments. No provision Neither this Agreement nor any term of this Agreement may be orally changed, waived, discharged discharged, or terminated orallyterminated, but only except by an instrument in writing a written agreement signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Transition Agreement (Servicesource International, Inc.), Transition Agreement (Neuronetics, Inc.)

Amendments. No provision provisions of this Agreement may be changed, waived, waived discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as by the Board of Trustees of the Fund in the manner required by applicable lawthe 1940 Act.

Appears in 2 contracts

Samples: Master Trust Agreement (Cigna Funds Group), Investment Sub Advisory Agreement (Cigna Funds Group)

Amendments. No provision of this Agreement may be changed, waived, discharged ---------- or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Co Administration Agreement (Nations Funds Trust), Co Administration Agreement (Nations Funds Trust)

Amendments. No provision of Except as provided in Article 8 and Section 11.05 hereof, neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Project Loan Agreement (New York Times Co), Building Loan Agreement (New York Times Co)

Amendments. No provision of this Agreement agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no amendment of this Agreement shall be effective until approved as by a vote of a majority of the outstanding voting securities of the International Growth Series, if such approval is required by applicable law.

Appears in 2 contracts

Samples: Portfolio Management Agreement (Fremont Mutual Funds Inc), Portfolio Management Agreement (Fremont Mutual Funds Inc)

Amendments. No provision of Neither this Agreement nor any term or provision hereof may be changed, waived, discharged or terminated orally, but only except by an instrument in writing signed by the party against which the enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waivedamended, modified, waived or discharged orally or terminated orallyby any course of dealing, but only by an instrument in writing signed by the party against which enforcement of the change, waiveramendment, modification, waiver or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Real Estate Contract and Development Agreement, Real Estate Contract and Development Agreement

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no material amendment of this Agreement shall be effective with respect to a Portfolio until approved as required by applicable lawvote of the holders of a majority of the outstanding voting securities of that Portfolio.

Appears in 2 contracts

Samples: Investment Advisory and Management Agreement (Western Asset Trust Inc), Investment Advisory and Management Agreement (Western Asset Trust Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . No material amendment of to this Agreement shall be effective until approved as required by applicable lawthe Board of Trustees of the Fund.

Appears in 2 contracts

Samples: Sub Administration Agreement (ActiveShares ETF Trust), Sub Administration Agreement (ActiveShares ETF Trust)

Amendments. No provision provisions of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc), Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc)

Amendments. No provision of this Agreement may be amended, changed, waived, waived or discharged or terminated orally, but only by an instrument in writing specifying the provision intended to be amended, changed, waived or discharged and signed by the party against which whom enforcement of the such amendment, change, waiver, waiver or discharge or termination is sought, sought and no amendment provision of this Agreement shall be effective until approved as required varied, contradicted or explained by applicable lawany oral agreement, course of dealing or performance or any other matter not set forth in an agreement in writing and signed by the party against whom enforcement of such agreement is sought.

Appears in 2 contracts

Samples: Aircraft Purchase Agreement (Afg Investment Trust D), Aircraft Purchase Agreement (Allegiant Travel CO)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to the Company shall be effective until approved as required by applicable lawthe Company Board.

Appears in 2 contracts

Samples: Administration Agreement (American Beacon Funds), Administration Agreement (American Beacon Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orallyterminated, but only except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of parties to this Agreement shall be effective until approved as required by applicable lawAgreement.

Appears in 2 contracts

Samples: Sub Administration Agreement (Pacific Capital Funds), Administration Agreement (Pacific Capital Funds)

Amendments. No provision of this Agreement may be changed, waivedamended, discharged terminated or terminated orally, but only waived except by an instrument in writing signed by the party parties against which enforcement of the change, waiveramendment, discharge termination or termination waiver is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Services Agreement (Gartmore Mutual Funds), Services Agreement (Gartmore Variable Insurance Trust)

Amendments. No provision of this Agreement may be changed, waived, discharged changed or terminated modified, or the discharge thereof acknowledged orally, but only by an instrument agreement in writing signed by the party against which the enforcement of the any waiver, change, waiver, modification or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Multi Antigen Research License and Option Agreement (Abgenix Inc), Registration Rights Agreement (Xoma LTD /De/)

Amendments. No provision of this Agreement agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no amendment of this Agreement shall be effective until approved as by a vote of a majority of the outstanding voting securities of the Real Estate Securities Series, if such approval is required by applicable law.

Appears in 2 contracts

Samples: Portfolio Management Agreement (Fremont Mutual Funds Inc), Portfolio Management Agreement (Fremont Mutual Funds Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall will be effective until approved as required in a manner consistent with the 1940 Act and rules and regulations under the 1940 Act and any applicable SEC exemptive order from such rules and regulations. Any such instrument signed by applicable law.the Fund must be (a) approved by the vote of a majority of

Appears in 2 contracts

Samples: Investment Management Agreement (Fundrise Growth Tech Interval Fund, LLC), Investment Management Agreement (Fundrise Income Real Estate Fund, LLC)

Amendments. No provision of this Agreement agreement may be changed, waived, discharged changed or terminated modified, or the discharge thereof acknowledged orally, but only by an instrument agreement in writing signed by the party against which the enforcement of the any waiver, change, waiver, modification or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Danaher Corp /De/), Stock Purchase Agreement (Align Technology Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to the Trust or Fund thereof shall be effective until approved as by the Board and the Trust or Fund shareholders to the extent required by applicable lawthe 0000 Xxx.

Appears in 2 contracts

Samples: Management Agreement (American Beacon Sound Point Enhanced Income Fund), Management Agreement (American Beacon Apollo Total Return Fund)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, waiver or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Sub Administration Agreement (LKCM Fund), Sub Administration Agreement (LKCM Fund)

Amendments. No provision of this Agreement may be changed, ---------- waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Distribution Agreement (Builders Proloan Fund Inc), Distribution Agreement (Builders Proloan Fund Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Fund shall be effective until approved as by the Board and such Fund’s shareholders to the extent required by applicable lawthe Investment Company Act.

Appears in 2 contracts

Samples: Lead Investment Advisory Agreement (American Beacon Funds), Lead Investment Advisory Agreement (American Beacon Funds)

Amendments. No provision of this This Agreement may not be changed, waived, discharged or terminated orally, but only by an instrument in writing writing, signed by the party against which enforcement of the such change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Executive Employment Agreement (Mavenir Private Holdings II Ltd.), Independent Contractor Non Disclosure and Non Competition Agreement (Speaking Roses International Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . A written amendment of this Agreement shall be is effective until approved as required by applicable lawupon the approval of the Board of Managers.

Appears in 2 contracts

Samples: Joint Errors & Omissions Liability Insurance Agreement (Torrey International Strategy Partners LLC), Joint Errors & Omissions Liability Insurance Agreement (Torrey Us Strategy Partners LLC)

Amendments. No provision None of the terms or provisions of this Agreement may be changed, waived, modified, discharged or terminated orally, but only except by an instrument in writing signed executed by the party or parties against which whom enforcement of the change, waiver, modification, discharge or termination is sought, and no amendment asserted. None of the terms or provisions of this Agreement shall be effective until approved as required deemed to have been abrogated or waived by applicable lawreason of any failure or failures to enforce the same.

Appears in 2 contracts

Samples: Loan Agreement (LiquidValue Development Inc.), Loan Agreement (HF Enterprises Inc.)

Amendments. No provision of this Agreement may be changed, waived, ---------- discharged or terminated orally, but only by telephone or by any other means except by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Indemnity Agreement (Harrys Farmers Market Inc), Assignment of Leases and Rents (JDN Realty Corp)

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