Common use of Effectiveness, Duration and Termination of Agreement Clause in Contracts

Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall continue in effect for two years from the date hereof and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (A) the vote of the Board, or by the vote of a majority of the outstanding voting securities of the Fund and (B) the vote of a majority of the Fund’s directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. Notwithstanding the foregoing, this Agreement may be terminated (i) by the Fund at any time, without the payment of any penalty, upon giving the Adviser 60 days’ written notice (which notice may be waived by the Adviser), provided that such termination by the Fund shall be directed or approved by the vote of a majority of the directors of the Fund in office at the time or by the vote of the holders of a majority of the voting securities of the Fund at the time outstanding and entitled to vote, or (ii) by the Adviser on 60 days’ written notice to the Fund (which notice may be waived by the Fund).

Appears in 5 contracts

Samples: Investment Advisory and Management Agreement (New Mountain Guardian IV Income Fund, L.L.C.), Investment Advisory and Management Agreement (New Mountain Guardian IV Unlevered BDC, L.L.C.), Investment Advisory and Management Agreement (New Mountain Guardian IV BDC, L.L.C.)

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Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall continue in effect for two years from the date hereof and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (A) the vote of the Board, or by the vote of a majority of the outstanding voting securities of the Fund Company and (B) the vote of a majority of the FundCompany’s directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. Notwithstanding the foregoing, this Agreement may be terminated (i) by the Fund Company at any time, without the payment of any penalty, upon giving the Adviser 60 days’ written notice (which notice may be waived by the Adviser), provided that such termination by the Fund Company shall be directed or approved by the vote of a majority of the directors of the Fund Company in office at the time or by the vote of the holders of a majority of the voting securities of the Fund Company at the time outstanding and entitled to vote, or (ii) by the Adviser on 60 days’ written notice to the Fund Company (which notice may be waived by the FundCompany).

Appears in 5 contracts

Samples: Investment Advisory and Management Agreement (Commonwealth Credit Partners BDC I, Inc.), Investment Advisory and Management Agreement (NC SLF Inc.), Investment Advisory and Management Agreement (NMF Senior Loan Fund I, Inc.)

Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall continue in effect for two years from the date hereof and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (A) the vote of the Board, or by the vote of a majority of the outstanding voting securities of the Fund Company and (B) the vote of a majority of the Fund’s Company's directors who are not parties to this Agreement or "interested persons" (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. Notwithstanding the foregoing, this Agreement may be terminated (i) by the Fund Company at any time, without the payment of any penalty, upon giving the Adviser 60 days' written notice (which notice may be waived by the Adviser), provided that such termination by the Fund Company shall be directed or approved by the vote of a majority of the directors of the Fund Company in office at the time or by the vote of the holders of a majority of the voting securities of the Fund Company at the time outstanding and entitled to vote, or (ii) by the Adviser on 60 days' written notice to the Fund Company (which notice may be waived by the FundCompany).

Appears in 2 contracts

Samples: Investment Advisory and Management Agreement (NMF SLF I, Inc.), Investment Advisory and Management Agreement (NMF SLF I, Inc.)

Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall continue in effect for two years from the date hereof and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (A) the vote of the Board, or by the vote of a majority of the outstanding voting securities of the Fund and (B) the vote of a majority of the Fund’s directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. Notwithstanding the foregoing, this Agreement may be terminated (i) by the Fund at any time, without the payment of any penalty, upon giving the Adviser 60 days’ written notice (which notice may be waived by the Adviser), provided that such termination by the Fund shall be directed or approved by the vote of a majority of the directors of the Fund in office at the time or by the vote of the holders of a majority of the voting securities of the Fund Units at the time outstanding and entitled to vote, or (ii) by the Adviser on 60 days’ written notice to the Fund (which notice may be waived by the Fund).

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (New Mountain Guardian III BDC, L.L.C.)

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Effectiveness, Duration and Termination of Agreement. (a) This Agreement shall continue in effect for two years from the date hereof until June 29, 2024, and thereafter shall continue automatically for successive annual periods, provided that such continuance is specifically approved at least annually by (A) the vote of the Board, or by the vote of a majority of the outstanding voting securities of the Fund Company and (B) the vote of a majority of the FundCompany’s directors who are not parties to this Agreement or “interested persons” (as such term is defined in Section 2(a)(19) of the Investment Company Act) of any such party, in accordance with the requirements of the Investment Company Act. Notwithstanding the foregoing, this Agreement may be terminated (i) by the Fund Company at any time, without the payment of any penalty, upon giving the Adviser 60 days’ written notice (which notice may be waived by the Adviser), provided that such termination by the Fund Company shall be directed or approved by the vote of a majority of the directors of the Fund Company in office at the time or by the vote of the holders of a majority of the voting securities of the Fund Company at the time outstanding and entitled to vote, or (ii) by the Adviser on 60 days’ written notice to the Fund Company (which notice may be waived by the FundCompany).

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Commonwealth Credit Partners BDC I, Inc.)

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