Non-Ordinary Course Transaction. Notwithstanding Section 15.1 above, this Agreement may be terminated by the Fund, with respect to the Fund or a Portfolio, or the Custodian, upon 30 days’ written notice to the other party in the event that the other party approves (i) the merger of the Fund or Portfolio, or the Custodian, respectively, into, or the consolidation with, another entity, or (iii) the sale of all, or substantially all, of its assets to another entity; or (iii), with respect to the Fund, the liquidation or dissolution of the Fund or Portfolio.
Appears in 2 contracts
Samples: Custodian Agreement (James Alpha Funds Trust), Custodian Agreement (James Alpha Funds Trust)
Non-Ordinary Course Transaction. Notwithstanding Section 15.1 above, this Agreement may be terminated by the Fund, with respect to the Fund or a Portfolio, or the Custodian, upon 30 days’ written notice to the other party Custodian in the event that the other party Board of the Fund approves (i) the liquidation or dissolution of the Fund or Portfolio, (ii) the merger of the Fund or Portfolio, or the Custodian, respectively, Portfolio into, or the consolidation of the Fund or Portfolio with, another entity, or (iii) the sale by the Fund or Portfolio of all, or substantially all, of its assets to another entity; or (iii), with respect to the Fund, the liquidation or dissolution of the Fund or Portfolio.
Appears in 1 contract
Non-Ordinary Course Transaction. Notwithstanding Section 15.1 above, this Agreement may be terminated by the Fund, with respect to the Fund or a Portfolio, or the Custodian, upon 30 days’ written notice to the other party Custodian in the event that the other party Board approves (i) the liquidation or dissolution of the Fund, (ii) the merger of the Fund or Portfolio, or the Custodian, respectively, into, or the consolidation of the Fund with, another entity, or (iii) the sale by the Fund of all, all or substantially all, all of its assets to another entity; or (iii), with respect to the Fund, the liquidation or dissolution of the Fund or Portfolio.
Appears in 1 contract
Non-Ordinary Course Transaction. Notwithstanding Section 15.1 16.1 above, this Agreement may be terminated by the Fund, with respect to the Fund or a Portfolio, or the Custodian, upon 30 days’ written notice to the other party Custodian in the event that the other party Board of the Fund approves (i) the liquidation or dissolution of the Fund or Portfolio, (ii) the merger of the Fund or Portfolio, or the Custodian, respectively, Portfolio into, or the consolidation of the Fund or Portfolio with, another entity, or (iii) the sale by the Fund or Portfolio of all, or substantially all, of its assets to another entity; or (iii), with respect to the Fund, the liquidation or dissolution of the Fund or Portfolio.
Appears in 1 contract
Samples: Custodian Agreement (Pgim Etf Trust)