Common use of EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT Clause in Contracts

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) The effective date of this Agreement shall be ____________, 1997. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect for a period of one year after the date of its execution, and from year to year thereafter, but only so long as such continuance is specifically approved at least annually by a vote of the Board of Directors of the Company, and of the directors who are not "interested persons" (as defined in the provisions of the 0000 Xxx) of the Company and have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan (including, without limitation, this Agreement), cast in person at a meeting called for the purpose of voting on this Agreement. (b) This Agreement may be terminated at any time with respect to any Fund or class thereof, without the payment of any penalty, by the vote of a majority of the members of the Board of Directors of the Company who are not "interested persons" (as defined in the provisions of the 0000 Xxx) of the Company and have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan (including, without limitation, this Agreement), or by the vote of a majority of the outstanding voting securities of such Fund (or class thereof), or by the Underwriter, upon 60 days' written notice to the other party. (c) This Agreement shall automatically terminate in the event of its "assignment" (as defined by the provisions of the 1940 Act).

Appears in 5 contracts

Samples: Distribution Agreement (Voyageur Tax Free Funds Inc), Distribution Agreement (Voyageur Mutual Funds Inc), Distribution Agreement (Voyageur Investment Trust Ii)

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EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) The effective date of this Agreement shall be ____________, 1997is set forth in the first paragraph of this Agreement. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect for a period of one year after the date of its execution, and from year to year thereafter, but only so long as such continuance is specifically approved at least annually by a vote of the Board of Directors of the Company, and of the directors who are not "interested persons" (as defined in the provisions of the 0000 Xxx) of the Company and have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan (including, without limitation, this Agreement), cast in person at a meeting called for the purpose of voting on this Agreement. (b) This Agreement may be terminated at any time with respect to any Fund or class thereof, without the payment of any penalty, by the vote of a majority of the members of the Board of Directors of the Company who are not "interested persons" (as defined in the provisions of the 0000 Xxx) of the Company and have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan (including, without limitation, this Agreement), or by the vote of a majority of the outstanding voting securities of such Fund (or class thereof), or by the Underwriter, upon 60 days' written notice to the other party. (c) This Agreement shall automatically terminate in the event of its "assignment" (as defined by the provisions of the 1940 Act).

Appears in 2 contracts

Samples: Distribution Agreement (Voyageur Mutual Funds Inc), Distribution Agreement (Voyageur Mutual Funds Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) The effective date of this Agreement shall be ____________, 1997is set forth in the first paragraph of this Agreement. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect for a period of one year after the date of its execution, and from year to year thereafter, but only so long as such continuance is specifically approved at least annually by a vote of the Board of Directors of the Company, and of the directors who are not "interested persons" (as defined in the provisions of the 0000 Xxx) of the Company and have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan (including, without limitation, this Agreement), cast in person at a meeting called for the purpose of voting on this Agreement. (b) This Agreement may be terminated at any time with respect to any Fund or class thereof, thereof without the payment of any penalty, by the vote of a majority of the members of the Board of Directors of the Company who are not "interested persons" (as defined in the provisions of the 0000 Xxx) of the Company and have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan (including, without limitation, this Agreement), or by the vote of a majority of the outstanding voting securities of such Fund (or class thereof), or by the Underwriter, upon 60 days' written notice to the other party. (c) This Agreement shall automatically terminate in the event of its "assignment" (as defined by the provisions of the 1940 Act).

Appears in 2 contracts

Samples: Distribution Agreement (Voyageur Mutual Funds Iii Inc /Mn/), Distribution Agreement (Vam Institutional Funds Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) The effective date of this Agreement shall be ____________, 1997is set forth in the first paragraph of this Agreement. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect with respect to each Fund (and class thereof) for a period of one year after the date of its execution, and from year to year thereafter, but only so long as such continuance is specifically approved at least annually (i) by a vote of the Board of Directors of the CompanyCompany or by the vote of a majority of the outstanding voting securities of the applicable Fund (or class thereof), and (ii) by the vote of a majority of the directors who are not "interested persons" (as defined in the provisions of the 0000 Xxx) of the Company and have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan (including, without limitation, this Agreement), cast in person at a meeting called for the purpose of voting on this Agreement. (b) This Agreement may be terminated at any time with respect to any either Fund or any class thereof, without the payment of any penalty, by the vote of a majority of the members of the Board of Directors of the Company who are not "interested persons" (as defined in the provisions of the 0000 Xxx) of the Company and have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan (including, without limitation, this Agreement), or by the vote of a majority of the outstanding voting securities of such Fund (or class thereof), or by the UnderwriterDistributor, upon 60 days' written notice to the other party. (c) This Agreement shall automatically terminate in the event of its "assignment" (as defined by the provisions of the 1940 Act).

Appears in 1 contract

Samples: Distribution Agreement (Piper Global Funds Inc /Mn)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) The effective date of this This Agreement shall be ____________effective as to Fortis Capital Fund, 1997Fortis Value Fund and Fortis Growth & Income Fund, and each Class thereof, on November 14, 1994. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect for a period of one year after the date of its execution, and from year to year thereafter, but only so long as such continuance is specifically approved at least annually (a) by a vote of the Board of Directors of the CompanyFund, or with respect to a particular Class by the vote of the holders of a majority of the outstanding voting securities of such Class, and (b) by a majority of the directors who are not "interested persons" (as defined in the provisions persons of Investors or of the 0000 Xxx) of the Company and have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan (including, without limitation, this Agreement)Fund, cast in person at a meeting called for the purpose of voting on such approval; provided that, if a majority of the outstanding voting securities of any of the Classes approves this Agreement, this Agreement shall continue in effect with respect to such approving Class whether or not the shareholders of any other Class of the Fund approve this Agreement. (b) This Agreement may be terminated at any time with respect to any Fund or class thereof, without the payment of any penalty, penalty by the vote of a majority of the members of the Board of Directors of the Company who are not "interested persons" Fund or by Investors, upon sixty (as defined in the provisions of the 0000 Xxx60) of the Company and have no direct or indirect financial interest in the operation of the Plan or in any agreement related days' written notice to the Plan (including, other party. This Agreement may be terminated with respect to a particular Class at any time without limitation, this Agreement), or the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such Fund (or class thereof), or by the UnderwriterClass, upon 60 sixty (60) days' written notice to the other partyInvestors. (c) This Agreement shall automatically terminate in the event of its "assignment" (as defined by the provisions of the 1940 Act).

Appears in 1 contract

Samples: Underwriting and Distribution Agreement (Fortis Equity Portfolios Inc)

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EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) The effective date of this Agreement shall be ____________, 1997is set forth in the first paragraph of this Agreement. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect for a period of one year after the date of its execution, and from year to year thereafter, but only so long as such continuance is specifically approved at least annually by a vote of the Board of Directors of the Company, and of the directors who are not "interested persons" (as defined in the provisions of the 0000 Xxx) of the Company and have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan (including, without limitation, this Agreement), cast in person at a meeting called for the purpose of voting on this Agreement. (b) This Agreement may be terminated at any time with respect to any the Fund or any class thereof, without the payment of any penalty, by the vote of a majority of the members of the Board of Directors of the Company who are not "interested persons" (as defined in the provisions of the 0000 Xxx) of the Company and who have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan (including, without limitation, this Agreement), or by the vote of a majority of the outstanding voting securities of such the Fund (or class thereof), or by the Underwriter, upon 60 days' written notice to the other party. (c) This Agreement shall automatically terminate in the event of its "assignment" (as defined by the provisions of the 1940 Act).

Appears in 1 contract

Samples: Distribution Agreement (Voyageur Funds Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) The effective date of this Agreement shall be ____________, 1997is set forth in the first paragraph of this Agreement. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect with respect to each Fund (and class thereof) for a period of one year after the date of its execution, and from year to year thereafter, but only so long as such continuance is specifically approved at least annually (i) by a vote of the Board of Directors of the CompanyCompany or by the vote of a majority of the outstanding voting securities of the applicable Fund (or class thereof), and (ii) by the vote of a majority of the directors who are not "interested persons" (as defined in the provisions of the 0000 Xxx) of the Company and have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan (including, without limitation, this Agreement), cast in person at a meeting called for the purpose of voting on this Agreement. (b) This Agreement may be terminated at any time with respect to any Fund or class thereof, without the payment of any penalty, by the vote of a majority of the members of the Board of Directors of the Company who are not "interested persons" (as defined in the provisions of the 0000 Xxx) of the Company and have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan (including, without limitation, this Agreement), or by the vote of a majority of the outstanding voting securities of such Fund (or class thereof), or by the UnderwriterDistributor, upon 60 days' written notice to the other party. (c) This Agreement shall automatically terminate in the event of its "assignment" (as defined by the provisions of the 1940 Act).

Appears in 1 contract

Samples: Distribution Agreement (Piper Funds Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) The effective date of this Agreement shall be ____________, 1997is set forth in the first paragraph of this Agreement. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect for a period of one year after the date of its execution, and from year to year thereafter, but only so long as such continuance is specifically approved at least annually by a vote of the Board of Directors of the Company, and of the directors who are not "interested persons" (as defined in the provisions of the 0000 Xxx) of the Company and have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan (including, without limitation, this Agreement), cast in person at a meeting called for the purpose of voting on this Agreement. Notwithstanding the preceding sentence, this Agreement shall terminate at 11:59 p.m., Philadelphia time, on June 30, 1997, if the Merger has not been consummated by such date, unless otherwise agreed by the parties. (b) This Agreement may be terminated at any time with respect to any the Fund or any class thereof, without the payment of any penalty, by the vote of a majority of the members of the Board of Directors of the Company who are not "interested persons" (as defined in the provisions of the 0000 Xxx) of the Company and have no direct or indirect financial interest in the operation of the Plan or in any agreement related to the Plan (including, without limitation, this Agreement), or by the vote of a majority of the outstanding voting securities of such the Fund (or class thereofsuch class), or by the UnderwriterDDLP, upon 60 days' written notice to the other party. (c) This Agreement shall automatically terminate in the event of its "assignment" (as defined by the provisions of the 1940 Act).

Appears in 1 contract

Samples: Distribution Agreement (Voyageur Funds Inc)

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