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 the 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 16 will survive the term of this Agreement. 17.
Appears in 3 contracts
Samples: Sales and Service Agreement (Hibernia Funds), Sales and Service Agreement (Hibernia Funds), Sales and Service Agreement (Tower Mutual 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 the 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 16 15 will survive the term termination of this Agreement. 17.
Appears in 2 contracts
Samples: Sales and Service Agreement (Huntington Funds /Ma/), Funds Sales and Service Agreement (Huntington Funds /Ma/)
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 the 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 16 will survive the term termination of this Agreement. 17.
Appears in 1 contract
Samples: Sales and Service Agreement (Regions Morgan Keegan Select 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 the Fund or Deutsche Family of Funds, Inc. 111997 Company, 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 Company constitutes willful misfeasance, bad faith, gross negligence or reckless disregard of their duties. This Paragraph 16 will survive the term of this Agreement. 17.
Appears in 1 contract
Samples: Mutual Funds Sales and Service Agreement (Deutsche Family of Funds Inc)