Term and Continuation. This Agreement shall be effective on the date provided on Exhibit A (the "Effective Date") for each respective Fund. This Agreement shall continue in effect for each respective Fund until the end of such Fund's Recovery Period unless the Agreement is continued for additional periods as agreed to by the parties. This Agreement may be terminated by the Trust on behalf of a Fund at any time and by FTA after the expiration of the Expense Cap Term of a particular Fund upon sixty (60) days' written notice to the other party. Notwithstanding the foregoing, this Agreement shall terminate immediately with respect to a Fund in the event that the investment advisory agreement between such Fund and FTA is either (i) terminated for any reason or (ii) not renewed by the Board of Trustees.
Appears in 9 contracts
Samples: Waiver and Recovery Agreement (First Trust Exchange-Traded Fund), Waiver and Recovery Agreement (First Trust Exchange-Traded Alphadex Fund), Fee Waiver and Recovery Agreement (First Trust Exchange-Traded Fund)
Term and Continuation. This Agreement shall be effective on the date provided on Exhibit A (the "Effective Date") for each respective Fund. This Agreement shall continue in effect for each respective Fund until the end of such Fund's Recovery Period unless the Agreement is continued for additional periods as agreed to by the parties. This Agreement may be terminated by the Trust on behalf of a Fund at any time and by FTA after the expiration of the Expense Cap Term of a particular Fund upon sixty (60) days' written notice to the other party. Notwithstanding the foregoing, this Agreement shall terminate immediately with respect to a Fund in the event that the investment advisory agreement between the Trust for such Fund and FTA is either (i) terminated for any reason or (ii) not renewed by the Board of Trustees.
Appears in 4 contracts
Samples: Waiver and Recovery Agreement (First Trust Variable Insurance Trust), Waiver and Recovery Agreement (First Trust Variable Insurance Trust), Waiver and Recovery Agreement (First Trust Variable Insurance Trust)
Term and Continuation. This Agreement shall be effective on the date provided on Exhibit A (the "“Effective Date"”) for each respective Fund. This Agreement shall continue in effect for each respective Fund until the end of such Fund's ’s Recovery Period unless the Agreement is continued for additional periods as agreed to by the parties. This Agreement may be terminated by the Trust on behalf of a Fund at any time and by FTA after the expiration of the Expense Cap Term of a particular Fund upon sixty (60) days' ’ written notice to the other party. Notwithstanding the foregoing, this Agreement shall terminate immediately with respect to a Fund in the event that the investment advisory agreement between such Fund and FTA is either (i) terminated for any reason or (ii) not renewed by the Board of Trustees.
Appears in 4 contracts
Samples: Waiver and Recovery Agreement (First Trust Exchange-Traded Alphadex Fund), Waiver and Recovery Agreement (First Trust Exchange-Traded Fund Ii), Waiver and Recovery Agreement (First Trust Exchange-Traded Alphadex Fund)
Term and Continuation. This Agreement shall be effective on the date provided on Exhibit A (the "Effective Date") for each respective Fund. This Agreement shall continue in effect for each respective Fund until the end of such Fund's Recovery Period unless the Agreement is continued for additional periods as agreed to by the parties. This Agreement may be terminated by the Trust on behalf of a Fund at any time and by FTA FT A after the expiration of the Expense Cap Term of a particular Fund upon sixty (60) days' written notice to the other party. Notwithstanding the foregoing, this Agreement shall terminate immediately with respect to a Fund in the event that the investment advisory agreement between such Fund and FTA FT A is either (i) terminated for any reason or (ii) not renewed by the Board of Trustees.
Appears in 1 contract
Samples: Waiver and Recovery Agreement (First Trust Exchange-Traded Alphadex Fund)
