Common use of Effectiveness, Termination and Amendment Clause in Contracts

Effectiveness, Termination and Amendment. This Agreement shall become effective in this form upon delivery to and execution by the Distributor. This Agreement may be terminated at any time by any party upon sixty days prior written notice to the other parties and may be terminated earlier by the Trust or the Distributor at any time in the event of a breach by the Participant of any provision of this Agreement or the procedures described or incorporated herein. This Agreement supersedes any prior such agreement between or among the parties. This Agreement may be amended by the Trust or the Distributor from time to time without the consent of the Participant or any Beneficial Owner by the following procedure. Amendments to the Prospectus and Procedures Handbook can be made unilaterally without notice by the Trust and Distributor, respectively. The Trust or the Distributor will mail a copy of the amendment to the Participant. For purposes of this Agreement, mail will be deemed received by the Participant on the fifth (5th) Business Day following the deposit of such mail into the U.S. Postal system. If neither the Participant nor the other party objects in writing to the amendment within five days after its receipt, the amendment will become part of this Agreement in accordance with its terms.

Appears in 2 contracts

Samples: Authorized Participant Agreement, Authorized Participant Agreement (Proshares Trust)

AutoNDA by SimpleDocs

Effectiveness, Termination and Amendment. (a) This Agreement shall become effective in this form upon five (5) Business Days after execution and delivery to and execution the Distributor upon notice by the DistributorDistributor to the Authorized Participant. This Agreement may be terminated at any time by any party upon sixty (60) days prior written notice to the other parties and may be terminated earlier by the Trust or the Distributor at any time in the event of a breach by the Authorized Participant of any provision of this Agreement or the procedures described or incorporated herein. This Agreement supersedes any prior such agreement between or among the parties. . (b) This Agreement may be amended by the Trust or the Distributor from time to time without the consent of the Participant or any Beneficial Owner by the following procedure. Amendments to the Prospectus and Procedures Handbook can be made unilaterally without notice by the Trust and Distributor, respectively. The Trust or the Distributor will mail a copy of the amendment to the ParticipantAuthorized Participant and the Trust or Distributor, as applicable. For purposes of this Agreement, mail will be deemed received by the Participant recipient thereof on the fifth (5th) Business Day following the deposit of such mail into the U.S. Postal system. If neither the Authorized Participant nor or the other party objects in writing to the amendment within five days (5) Business Days after its receipt, the amendment will become part of this Agreement in accordance with its terms.

Appears in 1 contract

Samples: Authorized Participant Agreement (Ameristock ETF Trust)

AutoNDA by SimpleDocs

Effectiveness, Termination and Amendment. (a) This Agreement shall become effective in this form upon five (5) Business Days after execution and delivery to and execution the Distributor upon notice by the DistributorDistributor to the Authorized Participant. This Agreement may be terminated at any time by any party upon sixty (60) days prior written notice to the other parties and may be terminated earlier by the Trust Fund or the Distributor at any time in the event of a breach by the Authorized Participant of any provision of this Agreement or the procedures described or incorporated herein. This Agreement supersedes any prior such agreement between or among the parties. . (b) This Agreement may be amended by the Trust Fund or the Distributor from time to time without the consent of the Participant or any Beneficial Owner Shareholder by the following procedure. Amendments to the Prospectus and Procedures Handbook can be made unilaterally without notice by the Trust and Distributor, respectively. The Trust Fund or the Distributor will mail a copy of the amendment to the ParticipantAuthorized Participant and the Fund or Distributor, as applicable. For purposes of this Agreement, mail will be deemed received by the Participant recipient thereof on the fifth (5th) Business Day following the deposit of such mail into the U.S. Postal system. If neither the Authorized Participant nor or the other party objects in writing to the amendment within five (5) days after its receipt, the amendment will become part of this Agreement in accordance with its terms.

Appears in 1 contract

Samples: Authorized Participant Agreement (AirShares(TM) EU Carbon Allowances Fund)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!