Solicitation of Proxies. Financial Institution agrees not to solicit or cause to be solicited directly, or indirectly, at any time in the future, any proxies from the shareholders of any or all of the Funds in opposition to proxies solicited by management of any Fund, unless a court of competent jurisdiction shall have determined that the conduct of a majority of the Board of the Fund constitutes willful misfeasance, bad faith, gross negligence or reckless disregard of their duties. This Paragraph will survive the term of this Agreement.
Appears in 9 contracts
Samples: Sales Contracts (MTB Group of Funds), Sales and Service Agreement (Stratevest Funds), Mutual Funds Sales and Service Agreement (MTB Group of Funds)
Solicitation of Proxies. Financial Institution agrees not to solicit or cause to be solicited directly, or indirectly, at any time in the future, any proxies from the shareholders of any or all of the Funds in opposition to proxies solicited by management of any Fundthe Fund or Funds, unless a court of competent jurisdiction shall have determined that the conduct of a majority of the Board of Directors or Trustees of the Fund or Funds constitutes willful misfeasance, bad faith, gross negligence or reckless disregard of their duties. This Paragraph Section 7 will survive the term termination of this Agreement.
Appears in 8 contracts
Samples: Mutual Fund Sales and Service Agreement (One Group Mutual Funds), Mutual Fund Sales and Service Agreement (One Group Mutual Funds), Mutual Fund Sales and Service Agreement (One Group Mutual Funds)
Solicitation of Proxies. The Financial Institution agrees not to solicit or cause to be solicited directly, or indirectly, at any time in the future, any proxies from the shareholders of any or all of the Funds Trust in opposition to proxies solicited by management of any Fundthe Trust, unless a court of competent jurisdiction shall have determined that the conduct of a majority of the Board of Trustees of the Fund Trust constitutes willful misfeasance, bad faith, gross negligence or reckless disregard of their duties. This Paragraph 9 will survive the term of this Agreement.
Appears in 4 contracts
Samples: Sales Agreement (WCT Funds), Sales Agreement (WCT Funds), Sales Agreement (WCT Funds)
Solicitation of Proxies. The Financial Institution agrees not to solicit or cause to be solicited directly, or indirectly, at any time in the future, any proxies from the shareholders of any or all of the Funds Trust in opposition to proxies solicited by management of any Fundthe Trust, unless a court of competent jurisdiction shall have determined that the conduct of a majority of the Board of Directors of the Fund Trust constitutes willful misfeasance, bad faith, gross negligence or reckless disregard of their duties. This The provisions of this Paragraph will 9 shall survive the term of this Agreement.
Appears in 2 contracts
Samples: Sales Agreement (Pauze Funds), Sales Agreement (Pauze Funds)
Solicitation of Proxies. Financial Institution agrees not to solicit or cause to be solicited directly, or indirectly, at any time in the future, any proxies from the shareholders of any or all of the Funds in opposition to proxies solicited by management of any Fundthe Fund or Funds, unless a court of competent jurisdiction shall have determined that the conduct of a majority of the Board of Directors or Trustees of the Fund or Funds constitutes willful misfeasance, bad faith, gross negligence or reckless disregard of their duties. This Paragraph 13 will survive the term termination of this Agreement.
Appears in 2 contracts
Samples: Mutual Funds Sales and Service Agreement (Wachovia Variable Insurance Funds), Sales and Service Agreement (Wachovia Variable Insurance Funds)
Solicitation of Proxies. The Financial Institution agrees not to solicit or cause to be solicited directly, or indirectly, at any time in the future, any proxies from the shareholders of any or all of the Funds Trust in opposition to proxies solicited by management of any Fundthe Trust, unless a court of competent jurisdiction shall have determined that the conduct of a majority of the Board of Trustees of the Fund Trust constitutes willful misfeasance, bad faith, gross negligence or reckless disregard of their duties. This Paragraph 8 will survive the term of this Agreement.
Appears in 2 contracts
Samples: Sales Agreement (Wesmark Funds), Sales Agreement (Southtrust Funds)