EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) This Agreement shall be effective as to Fortis Growth Fund, Inc. and each Class thereof on January 1, 1996. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, 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 of Investors or of the 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 without the payment of any penalty by the vote of the Board of Directors of the Fund or by Investors, upon sixty (60) days' written notice to the other party. This Agreement may be terminated with respect to a particular Class at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such Class, upon sixty (60) days' written notice to Investors. (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 Growth Fund Inc)
EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) This Agreement shall be effective as to Fortis Growth Fundthe Capital Appreciation Portfolio, Inc. High Yield Portfolio, Asset Allocation Portfolio and Government Total Return Portfolio and each Class thereof on January 1November 14, 19961994. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, 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 of Investors or of the 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 without the payment of any penalty by the vote of the Board of Directors of the Fund or by Investors, upon sixty (60) days' written notice to the other party. This Agreement may be terminated with respect to a particular Class at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such Class, upon sixty (60) days' written notice to Investors.
(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 Advantage Portfolios Inc)
EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) This Agreement shall be effective as to Fortis Growth Fund, Inc. Capital Fund and each Class thereof thereof, on January 1November 14, 19961994. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, 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 of Investors or of the 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 without the payment of any penalty by the vote of the Board of Directors of the Fund or by Investors, upon sixty (60) days' written notice to the other party. This Agreement may be terminated with respect to a particular Class at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such Class, upon sixty (60) days' written notice to Investors.
(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)
EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) This Agreement shall be effective as to Fortis Growth Fund, Inc. U.S. Government Securities Fund and each Class thereof on January 1November 14, 19961994. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, 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 of Investors or of the 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 without the payment of any penalty by the vote of the Board of Directors of the Fund or by Investors, upon sixty (60) days' written notice to the other party. This Agreement may be terminated with respect to a particular Class at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such Class, upon sixty (60) days' written notice to Investors.
(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 Income Portfolios Inc)
EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) This Agreement shall be effective as to Fortis Growth Fund, Inc. Money Fund and each Class thereof on January 1November 14, 19961994. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, 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 of Investors or of the 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 without the payment of any penalty by the vote of the Board of Directors of the Fund or by Investors, upon sixty (60) days' written notice to the other party. This Agreement may be terminated with respect to a particular Class at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such Class, upon sixty (60) days' written notice to Investors.
(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 Money Portfolios Inc)
EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) This Agreement shall be effective as to the Fortis Global Growth Fund, Inc. Portfolio and each Class thereof on January 1November 14, 19961994. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, 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 of Investors or of the 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 without the payment of any penalty by the vote of the Board of Directors of the Fund or by Investors, upon sixty (60) days' written notice to the other party. This Agreement may be terminated with respect to a particular Class at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such Class, upon sixty (60) days' written notice to Investors.
(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 Worldwide Portfolios Inc)
EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) This Agreement shall be effective as to Fortis Growth Fund, Inc. the Fund and each Class Portfolio thereof on January 1November 6, 1996. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, or with respect to a particular Class Portfolio by the vote of the holders of a majority of the outstanding voting securities of such ClassPortfolio, and (b) by a majority of the directors who are not interested persons of Investors LSI or of the 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 Portfolios approves this Agreement, this Agreement shall continue in effect with respect to such approving Class Portfolio whether or not the shareholders of any other Class Portfolio of the Fund approve this Agreement.
(b) This Agreement may be terminated at any time without the payment of any penalty by the vote of the Board of Directors of the Fund or by InvestorsLSI, upon sixty (60) days' written notice to the other party. This Agreement may be terminated with respect to a particular Class Portfolio at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such ClassPortfolio, upon sixty (60) days' written notice to InvestorsLSI.
(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 (Lifeusa Funds Inc)
EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. (a) This Agreement shall be effective as to Fortis Growth Fundthe National Portfolio, Inc. Minnesota Portfolio and New York Portfolio and each Class thereof on January 1November 14, 19961994. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, 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 of Investors or of the 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 without the payment of any penalty by the vote of the Board of Directors of the Fund or by Investors, upon sixty (60) days' written notice to the other party. This Agreement may be terminated with respect to a particular Class at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such Class, upon sixty (60) days' written notice to Investors.
(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 Tax Free Portfolios Inc)