DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. This Agreement shall become effective on the date first above written and shall govern the relations between the parties hereto thereafter, and shall remain in force until December 29, 2002 on which date it will terminate unless its continuance after December 29, 2002 is "specifically approved at least annually" (i) by the vote of a majority of the Trustees of the Trust who are not "interested persons" of the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, or by "vote of a majority of the outstanding voting securities" of the Fund. This Agreement may be terminated at any time without the payment of any penalty by the Trustees or by "vote of a majority of the outstanding voting securities" of the Fund, or by the Adviser, in each case on not more than sixty days' nor less than thirty days' written notice to the other party. This Agreement shall automatically terminate in the event of its "assignment". This Agreement may be amended only if such amendment is approved by "vote of a majority of the outstanding voting securities" of the Fund.
DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. (a) This Agreement shall become effective with respect to the Trust on the date first written above, and shall become effective with respect to a Fund, if approved by the shareholders of such Fund, on the Effective Date for such Fund, as set forth in Appendix A attached hereto. Thereafter, this Agreement will remain in effect with respect to a Fund for a period of two years from that Fund's Effective Date as set forth in Appendix A, on which date it will terminate for that Fund unless its continuance is "specifically approved at least annually" (i) by the vote of a majority of the Trustees of the Trust who are not "interested persons" of the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, or by "vote of a majority of the outstanding voting securities" of the applicable Fund.
(b) This Agreement may be terminated as to the Trust or as to any Fund at any time without the payment of any penalty by the Trustees or by "vote of a majority of the outstanding voting securities" of the applicable Fund, or by the Adviser, in each case on not more than sixty days' nor less than thirty days' written notice to the other party. This Agreement shall automatically terminate in the event of its "assignment".
(c) This Agreement may be amended with respect to a Fund only if such amendment is in writing signed by or on behalf of the Trust and the Adviser and is approved by "vote of a majority of the outstanding voting securities" of the applicable Fund (if such shareholder approval is required by the Investment Company Act of 1940).
(d) Any approval, renewal or amendment of this Agreement with respect to a Fund by "vote of a majority of the outstanding voting securities" of that Fund, by the Trustees of the Trust, or by a majority of the Trustees of the Trust who are not "interested persons" of the Trust or the Adviser, shall be effective to approve, renew or amend the Agreement with respect to that Fund notwithstanding (i) that the approval, renewal or amendment has not been so approved as to any other Fund, or (ii) that the approval, renewal or amendment has not been approved by the vote of a majority of the outstanding voting securities of the Trust as a whole.
DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. 10.1 This Agreement shall not become effective, and the Advisor shall not serve or act as the Fund's investment advisor, unless and until this Agreement is approved by the Trust's board of trustees (the "Board"), including a majority of the Trustees who are not parties to this Agreement or interested persons of any such party to this Agreement, cast in person at a meeting called for the purpose of voting on such approval, and by a vote of a majority of the outstanding voting securities of the Fund.
10.2 If approved as provided above, this Agreement shall continue in effect for two years and from year to year thereafter, but only so long as such continuance is specifically approved at least annually either:
(a) by the Board; or
(b) by a vote of a majority of the outstanding voting securities of the Fund. In either event such continuance also must be approved by the vote of a majority of the Trustees who are not parties to this Agreement or interested persons of the Trust or of the Advisor, cast in person at a meeting called for the purpose of voting on such approval.
10.3 This Agreement may, on sixty days' written notice, be terminated at any time, without the payment of any penalty, by the Board, by a vote of a majority of the Fund's outstanding voting securities of the Fund or by the Advisor.
10.4 This Agreement shall automatically terminate in the event of its assignment.
10.5 In interpreting the provisions of this Section 10, the definitions contained in Section 2(a) of the 1940 Act, particularly the definitions of "interested person" and "assignment" and a "majority of the outstanding voting securities," shall be applied.
DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. (a) This Agreement shall become effective with respect to the Trust on the date first written above. Thereafter, this Agreement will remain in effect with respect to the Trust for a period of two years from the date first written above, on which date it will terminate for the Trust unless its continuance is “specifically approved at least annually” (i) by the vote of a majority of the Trustees of the Trust who are not “interested persons” of the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, or by “vote of a majority of the outstanding voting securities” of the Trust.
(b) This Agreement may be terminated as to the Trust at any time without the payment of any penalty by the Trustees or by “vote of a majority of the outstanding voting securities” of the Trust, or by the Adviser, in each case on not more than sixty days’ nor less than thirty days’ written notice to the other party. This Agreement shall automatically terminate in the event of its “assignment”.
(c) This Agreement may be amended with respect to the Trust only if such amendment is in writing signed by or on behalf of the Trust and the Adviser and is approved by “vote of a majority of the outstanding voting securities” of the Trust (if such shareholder approval is required by the Investment Company Act of 1940).
DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. This Agreement shall become effective on the date of its execution and shall govern the relations between the parties hereto thereafter, and shall remain in force until two years after initial approval by the Board of Trustees of the Fund. This Agreement shall continue in effect with respect to the Value Fund for successive annual periods after its effectiveness so long as such continuance is specifically approved at least annually (i) by the vote of a majority of the Board of Trustees of the Fund who are not interested persons of the Fund, or of the Adviser, or of the Sub-Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Fund or by vote of a majority of the outstanding voting securities of the Value Fund. The aforesaid requirement that continuance of this Agreement be "specifically approved at least annually" shall be construed in a manner consistent with the 1940 Act and all rules, regulations and orders thereunder. This Agreement may be terminated at any time without the payment of any penalty by the Trustees of the Fund, by vote of a majority of the outstanding voting securities of the Value Fund, or by the Adviser, on not more than sixty (60) days nor less than thirty (30) days written notice to the Sub-Advisor. This Agreement may be terminated by the Sub-Adviser on not less than ninety (90) days notice to the Trustees of the Fund and the Adviser. This Agreement shall automatically terminate in the event of its assignment. This Agreement may be amended by the Adviser and the Sub-Adviser only if such amendment is approved by the vote of a majority of the outstanding voting securities of the Value Fund (except for any such amendment as may be effected in the absence of such approval without violating 1940 Act).
DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. This Agreement shall become effective on the date it shall be approved by a vote of the Board of Trustees of the Fund and of a majority of the disinterested Trustees, and shall, unless terminated as hereinafter provided, continue in effect for a period of more than one (1) year from such date so long as such continuance is specifically approved at least annually by a vote of the Board of Trustees of the Fund and of a majority of the disinterested Trustees or by vote of a majority of the outstanding voting securities of the Class C shares of each Portfolio. This Agreement may be terminated by a Portfolio at any time or by the Distributor on sixty (60) days' written notice to the Portfolio. No 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 approved by a majority of the disinterested Trustees.
DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. This Agreement shall become effective on the date first above written and shall govern the relations between the parties hereto thereafter, and shall remain in force until March 31, 1989 on which date it will terminate unless its continuance after March 31, 1989 is "specifically approved at least annually" (i) by the vote of a majority of the Trustees of the Account who are not "interested persons" of the Account or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Account, or by "vote of a majority of the outstanding voting securities" of the Account. The aforesaid requirement that the continuance of this Agreement be "specifically approved at least annually" shall be construed in a manner consistent with the Investment Company Act of 1940 and the Rules and Regulations thereunder. This Agreement may be terminated at any time without the payment of any penalty by the Trustees or by "vote of a majority of the outstanding voting securities" of the Account, or by the Adviser, in each case on not more than sixty days' nor less than thirty days' written notice to the other party. This Agreement shall automatically terminate in the event of its "assignment".
DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. This Agreement shall become effective on the date it shall be approved by a vote of the Board of Trustees of the Fund and of a majority of the disinterested Trustees, and shall, unless terminated as hereinafter provided, continue in effect for a period of more than one (1) year from such date so long as such continuance is specifically approved at least annually by a vote of the Board of Trustees of the Fund and of a majority of the disinterested Trustees or by vote of a majority of the outstanding voting securities of the Fund. This Agreement may be terminated by the Fund at any time or by the Distributor on sixty (60) days' written notice to the Fund. No 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 approved by a majority of the disinterested Trustees.
DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. This Agreement shall become effective on the date of its execution and shall govern the relations between the parties hereto thereafter, and shall remain in force until August 1, 1997 and each year thereafter but only so long as its continuance is specifically approved at least annually (i) by the vote of a majority of the Trustees of the Trust who are not interested persons of the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Trustees of the Trust, or by vote of a majority of the outstanding voting securities of the Fund. This Agreement may be terminated at any time without the payment of any penalty by the Trustees of the Trust or by vote of a majority of the outstanding voting securities of the Fund, or by the Adviser, on not more than sixty days' nor less than thirty days' written notice to the other party. This Agreement shall automatically terminate in the event of its assignment. This Agreement may be amended only if such amendment is approved by vote of a majority of the outstanding voting securities of the Fund.
DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT. This Agreement shall become effective on the date it shall be approved by a vote of the Board of Trustees of the Fund and of a majority of the disinterested Trustees, and shall, unless terminated as hereinafter provided, continue in effect for a period of more than one (1) year from such date so long as such continuance is specifically approved at least annually by a vote of the Board of Trustees of the Fund and of a majority of the disinterested Trustees or by vote of a majority of the outstanding voting securities of a Portfolio. This Agreement may be terminated by a Portfolio at any time, without the payment of a penalty, by vote of a majority of the members of the Board of Trustees of the Fund who are not interested persons of the Fund and have no direct or indirect financial interest in the operation of the Distribution Plan or in any agreement related to the Plan or by a vote of a majority of the outstanding securities of a Portfolio on sixty (60) days' written notice to the Distributor. In addition this Agreement shall terminate in the event of its assignment. No 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 approved by a majority of the disinterested Trustees.
