billion. Except as hereinafter set forth, compensation under this Agreement shall be calculated and accrued daily and the amounts of the daily accruals shall be paid monthly. Such calculations shall be made by applying 1/365ths of the annual rates to the Fund's net assets each day determined as of the close of business on that day or the last previous business day. If this Agreement becomes effective subsequent to the first day of a month or shall terminate before the last day of a month, compensation for that part of the month this Agreement is in effect shall be prorated in a manner consistent with the calculation of the fees as set forth above. Subject to the provisions of paragraph 7 hereof, payment of the Investment Manager's compensation for the preceding month shall be made as promptly as possible after completion of the computations contemplated by paragraph 7 hereof. 7. In the event the operating expenses of the Fund, including amounts payable to the Investment Manager pursuant to paragraph 6 hereof, for any fiscal year ending on a date on which this Agreement is in effect, exceed the expense limitations applicable to the Fund imposed by state securities laws or regulations thereunder, as such limitations may be raised or lowered from time to time, the Investment Manager shall reduce its management fee to the extent of such excess and, if required, pursuant to any such laws or regulations, will reimburse the Fund for annual operating expenses in excess of any expense limitation that may be applicable; provided, however, there shall be excluded from such expenses the amount of any interest, taxes, brokerage commissions, distribution fees and extraordinary expenses (including but not limited to legal claims and liabilities and litigation costs and any indemnification related thereto) paid or payable by the Fund. Such reduction, if any, shall be computed and accrued daily, shall be settled on a 2
Appears in 5 contracts
Samples: Investment Management Agreement Agreement (Morgan Stanley Dean Witter American Value Fund), Investment Management Agreement Agreement (Dean Witter Global Dividend Growth Securities), Investment Management Agreement Agreement (Witter Dean American Value Fund)
billion. Except as hereinafter set forth, compensation under this Agreement shall be calculated and accrued daily and the amounts of the daily accruals shall be paid monthly. Such calculations shall be made by applying 1/365ths of the annual rates to the Fund's net assets each day determined as of the close of business on that day or the last previous business day. If this Agreement becomes effective subsequent to the first day of a month or shall terminate before the last day of a month, compensation for that part of the month this Agreement is in effect shall be prorated in a manner consistent with the calculation of the fees as set forth above. Subject to the provisions of paragraph 7 hereof, payment of the Investment Manager's compensation for the preceding month shall be made as promptly as possible after completion of the computations contemplated by paragraph 7 hereof. 7. In the event the operating expenses of the Fund, including amounts payable to the Investment Manager pursuant to paragraph 6 hereof, for any fiscal year ending on a date on which this Agreement is in effect, exceed the expense limitations applicable to the Fund imposed by state securities laws or regulations thereunder, as such limitations may be raised or lowered from time to time, the Investment Manager shall reduce its management fee to the extent of such excess and, if required, pursuant to any such laws or regulations, will reimburse the Fund for annual operating expenses in excess of any expense limitation that may be applicable; provided, however, there shall be excluded from such expenses the amount of any interest, taxes, brokerage commissions, distribution fees and extraordinary expenses (including but not limited to legal claims and liabilities and litigation costs and any indemnification related thereto) paid or payable by the Fund. Such reduction, if any, shall be computed and accrued daily, shall be settled on a 2
Appears in 4 contracts
Samples: Investment Management Agreement Agreement (Witter Dean Federal Securities Trust), Investment Management Agreement Agreement (Morgan Stanley Dean Witter Us Government Securities Trust), Investment Management Agreement Agreement (Witter Dean U S Government Securities Trust)
billion. Except as hereinafter set forth, compensation under this Agreement shall be calculated and accrued daily and the amounts of the daily accruals shall be paid monthly. Such calculations shall be made by applying 1/365ths of the annual rates to the Fund's net assets each day determined as of the close of business on that day or the last previous business day. If this Agreement becomes effective subsequent to the first day of a month or shall terminate before the last day of a month, compensation for that part of the month this Agreement is in effect shall be prorated in a manner consistent with the calculation of the fees as set forth above. Subject to the provisions of paragraph 7 hereof, payment of the Investment Manager's compensation for the preceding month shall be made as promptly as possible after completion of the computations contemplated by paragraph 7 hereof. 7. In the event the operating expenses of the Fund, including amounts payable to the Investment Manager pursuant to paragraph 6 hereof, for any fiscal year ending on a date on which this Agreement is in effect, exceed the expense limitations applicable to the Fund imposed by state securities laws or regulations thereunder, as such limitations may be raised or lowered from time to time, the Investment Manager shall reduce its management fee to the extent of such excess and, if required, pursuant to any such laws or regulations, will reimburse the Fund for annual operating expenses in excess of any expense limitation that may be applicable; provided, however, there shall be excluded from such expenses the amount of any interest, taxes, brokerage commissions, distribution fees and extraordinary expenses (including but not limited to legal claims and liabilities and litigation costs and any indemnification related thereto) paid or payable by the Fund. Such reduction, if any, shall be computed and accrued daily, shall be settled on a monthly basis, and shall be based upon the expense limitation applicable to the Fund as at the end of the last 2
Appears in 3 contracts
Samples: Investment Management Agreement Agreement (Dean Witter Strategist Fund), Investment Management Agreement Agreement (Morgan Stanley Dean Witter California Tax Free Income Fund), Investment Management Agreement Agreement (Dean Witter California Tax Free Income Fund)
billion. Except as hereinafter set forthFor the purposes hereof, compensation under this Agreement the net assets of the Fund shall be calculated determined in the manner set forth in the Articles of Incorporation and accrued daily and the amounts Prospectus of the daily accruals Fund. The advisory fee shall be paid monthly. Such calculations payable for the period commencing on the date on which operations of the Fund begin and ending on the date of termination hereof and shall be made by applying 1/365ths of the annual rates to the Fund's net assets each day determined as of the close of business on that day or the last previous business day. If this Agreement becomes effective subsequent to the first day prorated for any fraction of a month or shall terminate before at the last day termination of a month, compensation for such period. 5. The Investment Adviser agrees that part of the month this Agreement is in effect shall be prorated in a manner consistent with the calculation of the fees as set forth above. Subject to the provisions of paragraph 7 hereof, payment of the Investment Manager's compensation for the preceding month shall be made as promptly as possible after completion of the computations contemplated by paragraph 7 hereof. 7. In the event the operating expenses of the FundFund (with the exclusion of interest, including amounts payable to the Investment Manager pursuant to paragraph 6 hereoftaxes, brokerage costs, extraordinary expenses such as litigation and acquisitions or other expenses excludable under applicable state securities laws or regulations) for any fiscal year ending on a date on which this Investment Advisory and Service Agreement is in effect, exceed the expense limitations limitations, if any, applicable to the Fund imposed by pursuant to state securities laws or any regulations thereunder, as such limitations may be raised or lowered from time to time, the Investment Manager shall it will reduce its management fee to by the extent of such excess and, if required, required pursuant to any such laws or regulations, will reimburse the Fund for annual operating expenses in excess of any expense limitation that may be applicable; provided, however, there shall be excluded from such expenses the amount of such excess. 6. The expense limitation described in Section 5 shall apply only to Class A shares issued by the Fund and shall not apply to any interestother class(es) of shares the Fund may issue in the future. Any new class(es) of shares issued by the Fund will not be subject to an expense limitation. However, taxesnotwithstanding the foregoing, brokerage commissionsto the extent the Investment Adviser is required to reduce its management fee pursuant to provisions contained in Section 5 due to the expenses of the Class A shares exceeding the stated limit, distribution fees and extraordinary the Investment Adviser will either (i) reduce its management fee similarly for other classes of shares, or (ii) reimburse the Fund for other expenses (including but not limited to legal claims and liabilities and litigation costs and any indemnification related thereto) paid or payable by the extent necessary to result in an expense reduction only for Class A shares of the Fund. Such reduction7. This Agreement may be terminated at any time, if anywithout payment of any penalty, by the Directors of the Fund or by vote of a majority (within the meaning of the 0000 Xxx) of the outstanding voting securities of the Fund, on sixty (60) days' written notice to the Investment Adviser, or by the Investment Adviser on like notice to the Fund. Unless sooner terminated in accordance with this provision, this Agreement shall continue until October 31, 2000. It may thereafter be renewed from year to year by mutual consent; provided that such renewal shall be computed specifically approved at least annually by the Board of Directors of the Fund, or by vote of a majority (within the meaning of the 0000 Xxx) of the outstanding voting securities of the Fund. In either event, it must be approved by a majority of those Directors who are not parties to such Agreement nor interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. 8. This Agreement shall not be assignable by either party hereto, and accrued daily, in the event of assignment (within the meaning of the 0000 Xxx) by the Investment Adviser shall automatically be terminated forthwith. 9. Nothing contained in this Agreement shall be settled on a 2construed to prohibit the Investment Adviser from performing investment advisory, management, or distribution services for other investment companies and other persons or companies, nor to prohibit affiliates of the Investment Adviser from engaging in such businesses or in other related or unrelated businesses. 10. The Investment Adviser shall not be liable to the Fund or its stockholders for any error of judgment, act, or omission not involving willful misfeasance, bad faith, gross negligence, or reckless disregard of its obligations and duties hereunder. 11. It is understood that the name, "American Funds" and "Capital" or any derivatives thereof or logo associated with those names are the valuable property of the Investment Adviser and its affiliates, and that the Fund shall have the right to use such names (or derivatives or logos) only so long as this Agreement shall continue in effect. Upon termination of this Agreement the Fund shall forthwith cease to use such names (or derivatives or logos).
Appears in 1 contract
Samples: Investment Advisory and Service Agreement (Capital World Growth & Income Fund Inc)
billion. Except as hereinafter set forthFor the purposes hereof, compensation under this Agreement the net assets of the Fund shall be calculated determined in the manner set forth in the Articles of Incorporation and accrued daily and the amounts Prospectus of the daily accruals Fund. The advisory fee shall be paid monthly. Such calculations payable for the period commencing on the date on which operations of the Fund begin and ending on the date of termination hereof and shall be made by applying 1/365ths of the annual rates to the Fund's net assets each day determined as of the close of business on that day or the last previous business day. If this Agreement becomes effective subsequent to the first day prorated for any fraction of a month or shall terminate before at the last day termination of a month, compensation for such period. 5. The Investment Adviser agrees that part of the month this Agreement is in effect shall be prorated in a manner consistent with the calculation of the fees as set forth above. Subject to the provisions of paragraph 7 hereof, payment of the Investment Manager's compensation for the preceding month shall be made as promptly as possible after completion of the computations contemplated by paragraph 7 hereof. 7. In the event the operating expenses of the FundFund (with the exclusion of interest, including amounts payable to the Investment Manager pursuant to paragraph 6 hereoftaxes, brokerage costs, extraordinary expenses such as litigation and acquisitions or other expenses excludable under applicable state securities laws or regulations) for any fiscal year ending on a date on which this Investment Advisory and Service Agreement is in effect, exceed the expense limitations limitations, if any, applicable to the Fund imposed by pursuant to state securities laws or any regulations thereunder, as such limitations may be raised or lowered from time to time, the Investment Manager shall it will reduce its management fee to by the extent of such excess and, if required, required pursuant to any such laws or regulations, will reimburse the Fund for annual operating expenses in excess of any expense limitation that may be applicable; provided, however, there shall be excluded from such expenses the amount of such excess. 6. This Agreement may be terminated at any interesttime, taxeswithout payment of any penalty, brokerage commissionsby the Directors of the Fund or by vote of a majority (within the meaning of the 0000 Xxx) of the outstanding voting securities of the Fund, distribution fees and extraordinary expenses on sixty (including but not limited 60) days' written notice to legal claims and liabilities and litigation costs and any indemnification related thereto) paid the Investment Adviser, or payable by the Investment Adviser on like notice to the Fund. Such reductionUnless sooner terminated in accordance with this provision, if anythis Agreement shall continue until December 31, 2000. It may thereafter be renewed from year to year by mutual consent; provided that such renewal shall be computed specifically approved at least annually by the Board of Directors of the Fund, or by vote of a majority (within the meaning of the 0000 Xxx) of the outstanding voting securities of the Fund. In either event, it must be approved by a majority of those Directors who are not parties to such Agreement nor interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. 7. This Agreement shall not be assignable by either party hereto, and accrued daily, in the event of assignment (within the meaning of the 0000 Xxx) by the Investment Adviser shall automatically be terminated forthwith. 8. Nothing contained in this Agreement shall be settled on a 2construed to prohibit the Investment Adviser from performing investment advisory, management, or distribution services for other investment companies and other persons or companies, nor to prohibit affiliates of the Investment Adviser from engaging in such businesses or in other related or unrelated businesses. 9. The Investment Adviser shall not be liable to the Fund or its stockholders for any error of judgment, act, or omission not involving willful misfeasance, bad faith, gross negligence, or reckless disregard of its obligations and duties hereunder. 10. It is understood that the name, "American Funds" and "Capital" or any derivatives thereof or logo associated with those names are the valuable property of the Investment Adviser and its affiliates, and that the Fund shall have the right to use such names (or derivatives or logos) only so long as this Agreement shall continue in effect. Upon termination of this Agreement the Fund shall forthwith cease to use such names (or derivatives or logos).
Appears in 1 contract
Samples: Investment Advisory and Service Agreement (New World Fund Inc /Ca)
billion. Except as hereinafter set forth, compensation under this Agreement shall be calculated and accrued daily and the amounts of the daily accruals shall be paid monthly. Such calculations shall be made by applying 1/365ths of the annual rates to the Fund's net assets each day determined as of the close of business on that day or the last previous business day. If this Agreement becomes effective subsequent to the first day of a month or shall terminate before the last day of a month, compensation for that part of the month this Agreement is in effect shall be prorated in a manner consistent with the calculation of the fees as set forth above. Subject to the provisions of paragraph 7 hereof, payment of the Investment Manager's compensation for the preceding month shall be made as promptly as possible after completion of the computations contemplated by paragraph 7 hereof. 7. In the event the operating expenses of the Fund, including amounts payable to the Investment Manager pursuant to paragraph 6 hereof, for any fiscal year ending on a date on which this Agreement is in effect, exceed the expense limitations applicable to the Fund imposed by state securities laws or regulations thereunder, as such limitations may be raised or lowered from time to time, the Investment Manager shall reduce its management fee to the extent of such excess and, if required, pursuant to any such laws or regulations, will reimburse the Fund for annual operating expenses in excess of any expense limitation that may be applicable; provided, however, there shall be excluded from such expenses the amount of any interest, taxes, brokerage commissions, distribution fees and extraordinary expenses (including but not limited to legal claims and liabilities and litigation costs and any indemnification related thereto) paid or payable by the Fund. Such reduction, if any, shall be computed and accrued daily, shall be settled on a 2monthly basis, and shall be based upon the expense limitation applicable to the Fund as at the end of the last
Appears in 1 contract
Samples: Investment Management Agreement Agreement (Witter Dean Capital Growth Securities)
billion. Except as hereinafter set forthFor the purposes hereof, compensation under this Agreement the net assets of the Fund shall be calculated determined in the manner set forth in the Articles of Incorporation and accrued daily and the amounts Prospectus of the daily accruals Fund. The advisory fee shall be paid monthly. Such calculations payable for the period commencing on the date on which operations of the Fund begin and ending on the date of termination hereof and shall be made by applying 1/365ths of the annual rates to the Fund's net assets each day determined as of the close of business on that day or the last previous business day. If this Agreement becomes effective subsequent to the first day prorated for any fraction of a month or shall terminate before at the last day termination of a month, compensation for such period. 5. The Investment Adviser agrees that part of the month this Agreement is in effect shall be prorated in a manner consistent with the calculation of the fees as set forth above. Subject to the provisions of paragraph 7 hereof, payment of the Investment Manager's compensation for the preceding month shall be made as promptly as possible after completion of the computations contemplated by paragraph 7 hereof. 7. In the event the operating expenses of the FundFund (with the exclusion of interest, including amounts payable to the Investment Manager pursuant to paragraph 6 hereoftaxes, brokerage costs, extraordinary expenses such as litigation and acquisitions or other expenses excludable under applicable state securities laws or regulations) for any fiscal year ending on a date on which this Investment Advisory and Service Agreement is in effect, exceed the expense limitations limitations, if any, applicable to the Fund imposed by pursuant to state securities laws or any regulations thereunder, as such limitations may be raised or lowered from time to time, the Investment Manager shall it will reduce its management fee to by the extent of such excess and, if required, required pursuant to any such laws or regulations, will reimburse the Fund for annual operating expenses in excess of any expense limitation that may be applicable; provided, however, there shall be excluded from such expenses the amount of such excess. 6. This Agreement may be terminated at any interesttime, taxeswithout payment of any penalty, brokerage commissionsby the Directors of the Fund or by vote of a majority (within the meaning of the 1940 Act) of thx xxxxxxnding voting securities of the Fund, distribution fees and extraordinary expenses on sixty (including but not limited 60) days' written notice to legal claims and liabilities and litigation costs and any indemnification related thereto) paid the Investment Adviser, or payable by the Investment Adviser on like notice to the Fund. Such reductionUnless sooner terminated in accordance with this provision, if anythis Agreement shall continue until January 31, 1995. It may thereafter be renewed from year to year by mutual consent; provided that such renewal shall be computed specifically approved at least annually by the Board of Directors of the Fund, or by vote of a majority (within the meaning of the 1940 Act) of thx xxxxxxnding voting securities of the Fund. In either event, it must be approved by a majority of those Directors who are not parties to such Agreement nor interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. 7. This Agreement shall not be assignable by either party hereto, and accrued daily, in the event of assignment (within the meaning of the 1940 Act) by thx Xxxxxxment Adviser shall automatically be terminated forthwith. 8. Nothing contained in this Agreement shall be settled on a 2construed to prohibit the Investment Adviser from performing investment advisory, management, or distribution services for other investment companies and other persons or companies, nor to prohibit affiliates of the Investment Adviser from engaging in such businesses or in other related or unrelated businesses. 9. The Investment Adviser shall not be liable to the Fund or its stockholders for any error of judgment, act, or omission not involving willful misfeasance, bad faith, gross negligence, or reckless disregard of its obligations and duties hereunder. 10. It is understood that the name, "American Funds" and "Capital" or any derivatives thereof or logo associated with those names are the valuable property of the Investment Adviser and its affiliates, and that the Fund shall have the right to use such names (or derivatives or logos) only so long as this Agreement shall continue in effect. Upon termination of this Agreement the Fund shall forthwith cease to use such names (or derivatives or logos).
Appears in 1 contract
Samples: Investment Advisory and Service Agreement (Capital World Growth & Income Fund Inc)
billion. Except as hereinafter set forth, compensation under this Agreement shall be calculated and accrued daily and the amounts of the daily accruals shall be paid monthly. Such calculations shall be made by applying 1/365ths of the annual rates to the Fund's net assets each day determined as of the close of business on that day or the last previous business day. If this Agreement becomes effective subsequent to the first day of a month or shall terminate before the last day of a month, compensation for that part of the month this Agreement is in effect shall be prorated in a manner consistent with the calculation of the fees as set forth above. Subject to the provisions of paragraph 7 hereof, payment of the Investment Manager's compensation for the preceding month shall be made as promptly as possible after completion of the computations contemplated by paragraph 7 hereof. 7. In the event the operating expenses of the Fund, including amounts payable to the Investment Manager pursuant to paragraph 6 hereof, for any fiscal year ending on a date on which this Agreement is in effect, exceed the expense limitations applicable to the Fund imposed by state securities laws or regulations thereunder, as such limitations may be raised or lowered from time to time, the Investment Manager shall reduce its management fee to the extent of such excess and, if required, pursuant to any such laws or regulations, will reimburse the Fund for annual operating expenses in excess of any expense limitation that may be applicable; provided, however, there shall be excluded from such expenses the amount of any interest, taxes, brokerage commissions, distribution fees commissions and extraordinary expenses (including but not limited to legal claims and liabilities and litigation costs and any indemnification related thereto) paid or payable by the Fund. Such reduction, if any, shall be computed and accrued daily, shall be settled on a 2
Appears in 1 contract
Samples: Investment Management Agreement Agreement (Morgan Stanley Dean Witter Tax Exempt Securities Trust)