RENEWAL, AMENDMENT AND TERMINATION. (a) This Agreement shall become effective on the date first written above and shall remain in force for a period of two (2) years from such date, and from year to year thereafter but only so long as such continuance is specifically approved at least annually (i) by the vote of a majority of the Trustees who are not interested persons of the Portfolio or the Investment Adviser, cast in person at a meeting called for the purpose of voting on such approval and by a vote of the Board of Trustees or (ii) by the vote of a majority of the outstanding voting securities of the Portfolio. The aforesaid provision that this Agreement may be continued "annually" shall be construed in a manner consistent with the 1940 Act and the rules and regulations thereunder. (b) This Agreement may be amended at any time, but only by written agreement between the Trust and the Investment Adviser, which amendment is subject to the approval of the Trustees and the shareholders of the Trust in the manner required by the 1940 Act, subject to any applicable exemption order of the SEC modifying the provisions of the 1940 Act with respect to approval of amendments to this Agreement. (c) This Agreement: (i) may at any time be terminated without the payment of any penalty either by vote of the Trustees or by vote of a majority of the outstanding voting securities of the Portfolio, on sixty (60) days' written notice to the Investment Adviser; (ii) shall immediately terminate in the event of its assignment; and (iii) may be terminated by the Investment Adviser on sixty (60) days' written notice to the Trust. (d) As used in this Section 11, the terms "assignment," "interested person" and "vote of a majority of the outstanding voting securities" shall have the meanings set forth in the 1940 Act and the rules and regulations thereunder, subject to any applicable orders of exemption issued by the SEC.
Appears in 10 contracts
Samples: Investment Advisory and Management Agreement (First Funds), Investment Advisory and Management Agreement (First Funds), Investment Advisory and Management Agreement (First Funds)
RENEWAL, AMENDMENT AND TERMINATION. (a) This Agreement shall become effective on the date first written above and shall remain in force for a period of two (2) years from such date, date ' and from year to year thereafter but only so long as such continuance is specifically approved at least annually (i) by the vote of a majority of the Trustees who are not interested persons of the Portfolio or the Investment Adviser, cast in person at a meeting called for the purpose of voting on such approval and by a vote of the Board of Trustees or (ii) by the vote of a majority of the outstanding voting securities of the Portfolio. The aforesaid provision that this Agreement may be continued "annually" shall be construed in a manner consistent with the 1940 Act and the rules and regulations thereunder.
(b) This Agreement may be amended at any time, but only by written agreement between the Trust and the Investment Adviser, which amendment is subject to the approval of the Trustees and the shareholders of the Trust in the manner required by the 1940 Act, subject to any applicable exemption order of the SEC modifying the provisions of the 1940 Act with respect to approval of amendments to this Agreement.
(c) This Agreement:
(i) may at any time be terminated without the payment of any penalty either by vote of the Trustees or by vote of a majority of the outstanding voting securities of the Portfolio, on sixty (60) days' written notice to the Investment Adviser;
(ii) shall immediately terminate in the event of its assignment; and
(iii) may be terminated by the Investment Adviser on sixty (60) days' written notice to the Trust.
(d) As used in this Section 11, the terms "assignment," ", "interested person" and "vote of a majority of the outstanding voting securities" shall have the meanings set forth in the 1940 Act and the rules and regulations thereunder, subject to any applicable orders of exemption issued by the SEC.
Appears in 5 contracts
Samples: Investment Advisory and Management Agreement (First Funds), Investment Advisory and Management Agreement (First Funds), Investment Advisory and Management Agreement (First Funds)
RENEWAL, AMENDMENT AND TERMINATION. (a) This Agreement shall become effective on the date first written above and shall remain in force for a period of two (2) years from such date, date and from year to year thereafter but only so long as such continuance is specifically approved at least annually (i) by the vote of a majority of the Trustees who are not interested persons of the Portfolio Portfolio, the Investment Adviser or the Investment Co-Adviser, cast in person at a meeting called for the purpose of voting on such approval and by a vote of the Board of Trustees or (ii) by the vote of a majority of the outstanding voting securities of the Portfolio. The aforesaid provision that this Agreement may be continued "annually" shall be construed in a manner consistent with the 1940 Act and the rules and regulations thereunder.
(b) This Agreement may be amended at any time, but only by written agreement between the Trust and the Investment Co-Adviser, which amendment is subject to the approval of the Trustees and the shareholders of the Trust in the manner required by the 1940 Act, subject to any applicable exemption order of the SEC modifying the provisions of the 1940 Act with respect to approval of amendments to this Agreement.
(c) This Agreement:
(i) may at any time be terminated without the payment of any penalty either by vote of the Trustees or by vote of a majority of the outstanding voting securities of the Portfolio, on sixty (60) days' written notice to the Investment Co-Adviser;
(ii) shall immediately terminate in the event of its assignment; and
(iii) may be terminated by the Investment Co-Adviser on sixty (60) days' written notice to the Trust.
(d) As used in this Section 119, the terms "assignment," ", "interested person" and "vote of a majority of the outstanding voting securities" shall have the meanings set forth in the 1940 Act and the rules and regulations thereunder, subject to any applicable orders of exemption issued by the SEC.
Appears in 4 contracts
Samples: Investment Advisory and Management Agreement (Financial Investors Variable Insurance Trust), Investment Advisory and Management Agreement (Financial Investors Variable Insurance Trust), Investment Advisory and Management Agreement (First Funds)
RENEWAL, AMENDMENT AND TERMINATION. (a) This Agreement shall become effective on the date first written above and shall remain in force for a period of two (2) years from such date, date and from year to year thereafter but only so long as such continuance is specifically approved at least annually (i) by the vote of a majority of the Trustees who are not interested persons of the Portfolio Portfolio, the Co-Adviser or the Investment Adviser, cast in person at a meeting called for the purpose of voting on such approval and by a vote of the Board of Trustees or (ii) by the vote of a majority of the outstanding voting securities of the Portfolio. The aforesaid provision that this Agreement may be continued "annually" shall be construed in a manner consistent with the 1940 Act and the rules and regulations thereunder.
(b) This Agreement may be amended at any time, but only by written agreement between the Trust and the Investment Adviser, which amendment is subject to the approval of the Trustees and the shareholders of the Trust in the manner required by the 1940 Act, subject to any applicable exemption order of the SEC modifying the provisions of the 1940 Act with respect to approval of amendments to this Agreement.
(c) This Agreement:
(i) may at any time be terminated without the payment of any penalty either by vote of the Trustees or by vote of a majority of the outstanding voting securities of the Portfolio, on sixty (60) days' written notice to the Investment Adviser;
(ii) shall immediately terminate in the event of its assignment; and
(iii) may be terminated by the Investment Adviser on sixty (60) days' written notice to the Trust.
(d) As used in this Section 11, the terms "assignment," ", "interested person" and "vote of a majority of the outstanding voting securities" shall have the meanings set forth in the 1940 Act and the rules and regulations thereunder, subject to any applicable orders of exemption issued by the SEC.
Appears in 2 contracts
Samples: Investment Advisory and Management Agreement (First Funds), Investment Advisory and Management Agreement (First Funds)
RENEWAL, AMENDMENT AND TERMINATION. (a) A. This Agreement shall become effective on the date first written above and shall remain in force for a period of two (2) years from such date, date and from year to year thereafter but only so long as such continuance is specifically approved at least annually (i) by the vote of a majority of the Trustees who are not interested persons of the Portfolio Portfolios, the Investment Adviser or the Investment Co-Adviser, cast in person at a meeting called for the purpose of voting on such approval and by a vote of the Board of Trustees or (ii) by the vote of a majority of the outstanding voting securities of the PortfolioPortfolios. The aforesaid provision that this Agreement may be continued "annually" shall be construed in a manner consistent with the 1940 Act and the rules and regulations thereunder.
(b) B. This Agreement may be amended at any time, but only by written agreement between the Trust and the Investment Co-Adviser, which amendment is subject to the approval of the Trustees and the shareholders of the Trust in the manner required by the 1940 Act, subject to any applicable exemption order of the SEC modifying the provisions of the 1940 Act with respect to approval of amendments to this Agreement.
(c) C. This Agreement:
(i) may at any time be terminated without the payment of any penalty either by vote of the Trustees or by vote of a majority of the outstanding voting securities of the PortfolioPortfolios, on sixty (60) days' written notice to the Investment Co-Adviser;
(ii) shall immediately terminate in the event of its assignment; and
(iii) may be terminated by the Investment Co-Adviser on sixty (60) days' written notice to the Trust.
(d) D. As used in this Section 119, the terms "assignment," ", "interested person" and "vote of a majority of the outstanding voting securities" shall have the meanings set forth in the 1940 Act and the rules and regulations thereunder, subject to any applicable orders of exemption issued by the SEC.
Appears in 2 contracts
Samples: Investment Advisory and Management Agreement (First Funds), Investment Advisory and Management Agreement (First Funds)
RENEWAL, AMENDMENT AND TERMINATION. (a) This Agreement shall become effective on the date first written above and shall remain in force for a period of two (2) years from such date, date and from year to year thereafter but only so long as such continuance is specifically approved at least annually (i) by the vote of a majority of the Trustees who are not interested persons of the Portfolio Portfolio, the Co-Adviser or the Investment Adviser, cast in person at a meeting called for the purpose of voting on such approval and by a vote of the Board of Trustees or (ii) by the vote of a majority of the outstanding voting securities of the Portfolio. The aforesaid provision that this Agreement may be continued "annually" shall be construed in a manner consistent with the 1940 Act and the rules and regulations thereunder.
(b) This Agreement may be amended at any time, but only by written agreement between the Trust and the Investment Adviser, which amendment is subject to the approval of the Trustees and and, if applicable, the shareholders of the Trust in the manner required by the 1940 Act, subject to any applicable exemption order of the SEC modifying the provisions of the 1940 Act with respect to approval of amendments to this Agreement.
(c) This Agreement:
(i) may at any time be terminated without the payment of any penalty either by vote of the Trustees or by vote of a majority of the outstanding voting securities of the Portfolio, on sixty (60) days' written notice to the Investment Adviser;
(ii) shall immediately terminate in the event of its assignment; and
(iii) may be terminated by the Investment Adviser on sixty (60) days' written notice to the Trust.
(d) As used in this Section 11, the terms "assignment," ", "interested person" and "vote of a majority of the outstanding voting securities" shall have the meanings set forth in the 1940 Act and the rules and regulations thereunder, subject to any applicable orders of exemption or other interpretations issued by the SEC.
Appears in 2 contracts
Samples: Investment Advisory and Management Agreement (First Funds), Investment Advisory and Management Agreement (Financial Investors Variable Insurance Trust)
RENEWAL, AMENDMENT AND TERMINATION. (a) This Agreement shall become effective on the date first written above and shall remain in force for a period of two (2) years from such date, date and from year to year thereafter but only so long as such continuance is specifically approved at least annually (i) by the vote of a majority of the Trustees who are not interested persons of the Portfolio Portfolio, the Investment Adviser or the Investment Co- Adviser, cast in person at a meeting called for the purpose of voting on such approval and by a vote of the Board of Trustees or (ii) by the vote of a majority of the outstanding voting securities of the Portfolio. The aforesaid provision that this Agreement may be continued "annually" shall be construed in a manner consistent with the 1940 Act and the rules and regulations thereunder.
(b) This Agreement may be amended at any time, but only by written agreement between the Trust and the Investment Co-Adviser, which amendment is subject to the approval of the Trustees and the shareholders of the Trust in the manner required by the 1940 Act, subject to any applicable exemption order of the SEC modifying the provisions of the 1940 Act with respect to approval of amendments to this Agreement.
(c) This Agreement:
(i) may at any time be terminated without the payment of any penalty either by vote of the Trustees or by vote of a majority of the outstanding voting securities of the Portfolio, on sixty (60) days' written notice to the Investment Co- Adviser;
(ii) shall immediately terminate in the event of its assignment; and
(iii) may be terminated by the Investment Co-Adviser on sixty (60) days' written notice to the Trust.
(d) As used in this Section 119, the terms "assignment," ", "interested person" and "vote of a majority of the outstanding voting securities" shall have the meanings set forth in the 1940 Act and the rules and regulations thereunder, subject to any applicable orders of exemption issued by the SEC.
Appears in 1 contract
Samples: Investment Advisory and Management Agreement (First Funds)
RENEWAL, AMENDMENT AND TERMINATION. (a) This Agreement shall become effective on the date first written above and shall remain in force for a period of two (2) years from such date, date and from year to year thereafter but only so long as such continuance is specifically approved at least annually (i) by the vote of a majority of the Trustees who are not interested persons of the Portfolio Portfolios, the Co-Adviser or the Investment Adviser, cast in person at a meeting called for the purpose of voting on such approval and by a vote of the Board of Trustees or (ii) by the vote of a majority of the outstanding voting securities of the PortfolioPortfolios. The aforesaid provision that this Agreement may be continued "annually" shall be construed in a manner consistent with the 1940 Act and the rules and regulations thereunder.
(b) This Agreement may be amended at any time, but only by written agreement between the Trust and the Investment Adviser, which amendment is subject to the approval of the Trustees and and, if applicable, the shareholders of the Trust in the manner required by the 1940 Act, subject to any applicable exemption order of the SEC modifying the provisions of the 1940 Act with respect to approval of amendments to this Agreement.
(c) This Agreement:
(i) may at any time be terminated without the payment of any penalty either by vote of the Trustees or by vote of a majority of the outstanding voting securities of the PortfolioPortfolios, on sixty (60) days' written notice to the Investment Adviser;
(ii) shall immediately terminate in the event of its assignment; and
(iii) may be terminated by the Investment Adviser on sixty (60) days' written notice to the Trust.
(d) As used in this Section 11, the terms "assignment," ", "interested person" and "vote of a majority of the outstanding voting securities" shall have the meanings set forth in the 1940 Act and the rules and regulations thereunder, subject to any applicable orders of exemption or other interpretations issued by the SEC.
Appears in 1 contract
Samples: Investment Advisory and Management Agreement (First Funds)
RENEWAL, AMENDMENT AND TERMINATION. (a) This Agreement shall become effective on the date first written above and shall remain in force for a period of two (2) years from such date, date and from year to year thereafter but only so long as such continuance is specifically approved at least annually (i) by the vote of a majority of the Trustees who are not interested persons of the Portfolio or the Investment Adviser, cast in person at a meeting called for the purpose of voting on such approval and by a vote of the Board of Trustees or (ii) by the vote of a majority of the outstanding voting securities of the Portfolio. The aforesaid provision that this Agreement may be continued "annually" shall be construed in a manner consistent with the 1940 Act and the rules and regulations thereunder.
(b) This Agreement may be amended at any time, but only by written agreement between the Trust and the Investment Adviser, which amendment is subject to the approval of the Trustees and the shareholders of the Trust in the manner required by the 1940 Act, subject to any applicable exemption order of the SEC modifying the provisions of the 1940 Act with respect to approval of amendments to this Agreement.
(c) This Agreement:
(i) may at any time be terminated without the payment of any penalty either by vote of the Trustees or by vote of a majority of the outstanding voting securities of the Portfolio, on sixty (60) days' written notice to the Investment Adviser;
(ii) shall immediately terminate in the event of its assignment; and
(iii) may be terminated by the Investment Adviser on sixty (60) days' written notice to the Trust.
(d) As used in this Section 11, the terms "assignment," ", "interested person" and "vote of a majority of the outstanding voting securities" shall have the meanings set forth in the 1940 Act and the rules and regulations thereunder, subject to any applicable orders of exemption issued by the SEC.
Appears in 1 contract
Samples: Investment Advisory and Management Agreement (First Funds)
RENEWAL, AMENDMENT AND TERMINATION. (a) This Agreement shall become effective on the date first written above and shall remain in force for a period of two (2) years from such date, date and from year to year thereafter but only so long as such continuance is specifically approved at least annually (i) by the vote of a majority of the Trustees who are not interested persons of the Portfolio or the Investment Adviser, cast in person at a meeting called for the purpose of voting on such approval and by a vote of the Board of Trustees or (ii) by the vote of a majority of the outstanding voting securities of the Portfolio. The aforesaid provision that this Agreement may be continued "annually" shall be construed in a manner consistent with the 1940 Act and the rules and regulations thereunder.
(b) This Agreement may be amended at any time, but only by written agreement between the Trust and the Investment Adviser, which amendment is subject to the approval of the Trustees and the shareholders of the Trust in the manner required by the 1940 Act, subject to any applicable exemption order of the SEC modifying the provisions of the 1940 Act with respect to approval of amendments to this Agreement.
(c) This Agreement:
: (i) may at any time be terminated without the payment of any penalty either by vote of the Trustees or by vote of a majority of the outstanding voting securities of the Portfolio, on sixty (60) days' written notice to the Investment Adviser;
; (ii) shall immediately terminate in the event of its assignment; and
and (iii) may be terminated by the Investment Adviser on sixty (60) days' written notice to the Trust.
(d) As used in this Section 11, the terms "assignment," ", "interested person" and "vote of a majority of the outstanding voting securities" shall have the meanings set forth in the 1940 Act and the rules and regulations thereunder, subject to any applicable orders of exemption issued by the SEC.
Appears in 1 contract
Samples: Investment Advisory and Management Agreement (First Funds)
RENEWAL, AMENDMENT AND TERMINATION. (a) This Agreement shall become effective on the date first written above and shall remain in force for a period of two (2) years from such date, date and from year to year thereafter but only so long as such continuance is specifically approved at least annually (i) by the vote of a majority of the Trustees who are not interested persons of the Portfolio or the Investment Co-Adviser, cast in person at a meeting called for the purpose of voting on such approval and by a vote of the Board of Trustees or (ii) by the vote of a majority of the outstanding voting securities of the Portfolio. The aforesaid provision that this Agreement may be continued "annually" shall be construed in a manner consistent with the 1940 Act and the rules and regulations thereunder.
(b) This Agreement may be amended at any time, but only by written agreement between the Trust and the Investment Co-Adviser, which amendment is subject to the approval of the Trustees and the shareholders of the Trust in the manner required by the 1940 Act, subject to any applicable exemption order of the SEC modifying the provisions of the 1940 Act with respect to approval of amendments to this Agreement.
(c) This Agreement:
(i) may at any time be terminated without the payment of any penalty either by vote of the Trustees or by vote of a majority of the outstanding voting securities of the Portfolio, on sixty (60) days' written notice to the Investment Co-Adviser;
(ii) shall immediately terminate in the event of its assignment; and
(iii) may be terminated by the Investment Co-Adviser on sixty (60) days' written notice to the Trust.
(d) As used in this Section 119, the terms "assignment," ", "interested person" and "vote of a majority of the outstanding voting securities" shall have the meanings set forth in the 1940 Act and the rules and regulations thereunder, subject to any applicable orders of exemption issued by the SEC.
Appears in 1 contract
RENEWAL, AMENDMENT AND TERMINATION. (a) This Agreement shall become effective on the date first written above and shall remain in force for a period of two (2) years from such date, date and from year to year thereafter but only so long as such continuance is specifically approved at least annually (i) by the vote of a majority of the Trustees who are not interested persons of the Portfolio Portfolio, the Investment Adviser or the Investment Co-Adviser, cast in person at a meeting called for the purpose of voting on such approval and by a vote of the Board of Trustees or (ii) by the vote of a majority of the outstanding voting securities of the Portfolio. The aforesaid provision that this Agreement may be continued "annually" shall be construed in a manner consistent with the 1940 Act and the rules and regulations thereunder.aforesaid
(b) This Agreement may be amended at any time, but only by written agreement between the Trust and the Investment Co-Adviser, which amendment is subject to the approval of the Trustees and the shareholders of the Trust in the manner required by the 1940 Act, subject to any applicable exemption order of the SEC modifying the provisions of the 1940 Act with respect to approval of amendments to this Agreement.
(c) This Agreement:
(i) may at any time be terminated without the payment of any penalty either by vote of the Trustees or by vote of a majority of the outstanding voting securities of the Portfolio, on sixty (60) days' written notice to the Investment Co-Adviser;
(ii) shall immediately terminate in the event of its assignment; and
(iii) may be terminated by the Investment Co-Adviser on sixty (60) days' written notice to the Trust.
(d) As used in this Section 119, the terms "assignment," ", "interested person" and "vote of a majority of the outstanding voting securities" shall have the meanings set forth in the 1940 Act and the rules and regulations thereunder, subject to any applicable orders of exemption issued by the SEC.
Appears in 1 contract
Samples: Investment Advisory and Management Agreement (Financial Investors Variable Insurance Trust)