Term and Termination; Assignment; Amendment. (a) This Agreement shall be effective for the duration of the Acquired Funds' and the Acquiring Funds' reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time. While the terms of the Agreement shall only be applicable to investments in Acquired Funds made in reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time, the Agreement shall continue in effect until terminated pursuant to Section 7(b). (b) This Agreement shall continue until terminated, either in its entirety or with respect to one or more specific Acquired Fund(s) or Acquiring Fund(s), in writing by either party upon 60 days' notice to the other party, provided however, that the provisions of Section 4 shall survive the termination of this Agreement. Upon termination of this Agreement, an Acquiring Fund may not purchase additional shares of an Acquired Fund beyond the Section 12(d)(l)(A) limits in reliance on the Rule. (c) This Agreement may not be assigned by either party without the prior written consent of the other. (d) This Agreement may be amended only by a writing that is signed by each affected party. Notwithstanding anything contained herein to the contrary, the Trust may, in its sole discretion, amend Schedule A to add a series of the Trust.
Appears in 2 contracts
Sources: Fund of Funds Investment Agreement (GPS Funds I), Participation Agreement (GPS Funds II)
Term and Termination; Assignment; Amendment. (a) This Agreement shall be effective for the duration of the Acquired Funds' Fund’s and the Acquiring Funds' Fund’s reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time. While the terms of the Agreement shall only be applicable to investments in the Acquired Funds Fund made in reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time, the Agreement shall continue in effect until terminated pursuant to Section 7(b6(b).
(b) This Agreement shall continue until terminated, either in its entirety or with respect to one or more specific Acquired Fund(s) or Acquiring Fund(s), terminated in writing by either party upon 60 days' ’ notice to the other party, provided however, that the provisions of Section 4 shall survive the termination of this Agreement. Upon termination of this Agreement, an the Acquiring Fund may not purchase additional shares of an the Acquired Fund beyond the Section 12(d)(l)(A12(d)(1)(A) limits in reliance on the Rule.
(c) This Agreement may not be assigned by either party without the prior written consent of the other.
(d) This Agreement may be amended only by a writing that is signed by each affected party. Notwithstanding anything contained herein .
(e) In the event that any counterparty to this Agreement wishes to include one or more series in addition to those originally set forth in Schedule A, such counterparty shall so notify the contraryother counterparty in writing, and, upon written agreement, such series shall hereunder become an Acquiring Fund or Acquired Fund, as the Trust maycase may be, in its sole discretion, amend and Schedule A to add a series shall be amended accordingly.
(f) In the case of the TrustAcquired Fund, a copy of the Declaration of Trust is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that no trustee, officer, employee, agent or shareholder of the Acquired Fund shall have any personal liability under this Agreement, and that this Agreement is binding only upon the assets and property of the Acquired Fund.
Appears in 2 contracts
Sources: Fund of Funds Investment Agreement (John Hancock Funds II), Fund of Funds Investment Agreement (John Hancock Variable Insurance Trust)
Term and Termination; Assignment; Amendment. (a) This Agreement shall become effective as of the date set forth above and be effective for the duration of the Acquiring Funds’ and the Acquired Funds' and the Acquiring Funds' ’ reliance on the Rule, as interpreted or modified by the SEC or its Staff staff from time to time. While the terms of the Agreement shall only be applicable to investments in Acquired Funds made in reliance on the Rule, as interpreted or modified by the SEC or its Staff staff from time to time, the Agreement shall continue in effect until terminated pursuant to Section 7(b5(b).
(b) This Agreement shall continue until terminated, either in its entirety or with respect to one or more specific Acquired Fund(s) or Acquiring Fund(s), terminated in writing by either party upon 60 sixty (60) days' ’ notice to the other party, provided however, that the provisions of Section 4 shall survive the termination of this Agreement. Upon termination of this Agreement, an the Acquiring Fund Funds may not purchase additional shares of an the Acquired Fund Funds beyond the Section 12(d)(l)(A12(d)(1)(A) limits in reliance on the Rule.
(c) This Agreement may not be assigned by either party without the prior written consent of the other.
(d) This Agreement may be amended only by a writing that is signed by each affected party. Notwithstanding anything contained herein to the contrary, the Acquired Trust may, in its sole discretion, amend Schedule A to add a series of the TrustAcquired Trust as an Acquired Fund.
Appears in 2 contracts
Sources: Fund of Funds Investment Agreement (Investment Managers Series Trust III), Fund of Funds Investment Agreement (JNL Series Trust)
Term and Termination; Assignment; Amendment. (a) This Agreement shall be effective for the duration of the Acquired Funds' ’ and the Acquiring Funds' ’ reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time. While the terms of the Agreement shall only be applicable to investments in Acquired Funds made in reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time, the Agreement shall continue in effect until terminated pursuant to Section 7(b6(b).
(b) This Agreement shall continue until terminated, either in its entirety or with respect to one or more specific Acquired Fund(s) or Acquiring Fund(s), terminated in writing by either party upon 60 days' ’ notice to the other party, provided however, that the provisions of Section 4 shall survive the termination of this Agreement. Upon termination of this Agreement, an Acquiring Fund may not purchase additional shares of an Acquired Fund beyond the Section 12(d)(l)(A12(d)(1)(A) limits in reliance on the Rule.
(c) This Agreement may not be assigned by either party without the prior written consent of the other.
(d) This Agreement may be amended only by a writing that is signed by each affected party. Notwithstanding anything contained herein to the contrary, the Trust may, in its sole discretion, amend Schedule A to add a series of the Trust.
(e) In the case of the applicable Funds, a copy of the Declaration of Trust of JHVIT and JHF II is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that no trustee, officer, employee, agent, employee or shareholder of the Funds shall have any personal liability under this Agreement, and that this Agreement is binding only upon the assets and property of the applicable Funds.
Appears in 2 contracts
Sources: Fund of Funds Investment Agreement (John Hancock Funds II), Fund of Funds Investment Agreement (John Hancock Variable Insurance Trust)
Term and Termination; Assignment; Amendment. (a) This Agreement shall become effective as of the date first set forth above and be effective for the duration of the Acquired Funds' ’ and the Acquiring Funds' ’ reliance on the Rule, as interpreted or modified by the SEC or its Staff staff from time to time. While the terms of the Agreement shall only be applicable to investments in Acquired Funds made in reliance on the Rule, as interpreted or modified by the SEC or its Staff staff from time to time, the Agreement shall continue in effect until terminated pursuant to Section 7(b).
(b) This Agreement shall continue until terminated, either in its entirety or with respect to one or more specific Acquired Fund(s) or Acquiring Fund(s), terminated in writing by either party upon 60 days' ’ notice to the other party, provided however, that the provisions of Section 4 shall survive the termination of this Agreement. Upon termination of this Agreement, an Acquiring Fund may not purchase additional shares of an Acquired Fund beyond the Section 12(d)(l)(A12(d)(1)(A) limits in reliance on the Rule.
(c) This Agreement may not be assigned by either party without the prior written consent of the other.
(d) This Agreement may be amended only by a writing that is signed by each affected party. Notwithstanding anything contained herein to the contrary, the Trust may, in its sole discretion, amend Schedule A to add a series of the Trust.
(e) In the case of each Acquiring Fund, a copy of the Declaration of Trust is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that no trustee, officer, employee, agent, employee or shareholder of an Acquiring Fund shall have any personal liability under this Agreement, and that this Agreement is binding only upon the assets and property of the applicable Acquiring Fund.
Appears in 1 contract
Sources: Fund of Funds Investment Agreement (JNL Series Trust)
Term and Termination; Assignment; Amendment. (a) This Agreement shall be effective for the duration of the Acquired Funds' ’ and the Acquiring Funds' ’ reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time. While the terms of the Agreement shall only be applicable to investments in Acquired Funds made in reliance Docusign Envelope ID: F77F55A2-8E68-4BFE-AC6C-5AAB12F92CCE on the Rule, as interpreted or modified by the SEC or its Staff from time to time, the Agreement shall continue in effect until terminated pursuant to Section 7(b).
(b) This Agreement shall continue until terminated, either in its entirety or with respect to one or more specific Acquired Fund(s) or Acquiring Fund(s), terminated in writing by either party upon 60 days' ’ notice to the other party, provided however, that the provisions of Section 4 shall survive the termination of this Agreement. Upon termination of this Agreement, an Acquiring Fund may not purchase additional shares of an Acquired Fund beyond the Section 12(d)(l)(A12(d)(1)(A) limits in reliance on the Rule.
(c) This Agreement may not be assigned by either party without the prior written consent of the other.
(d) This Agreement may be amended only by a writing that is signed by each affected party. Notwithstanding anything contained herein to the contrary, the Trust may, in its sole discretion, amend Schedule A to add a series of the Trust.
(e) In the case of the [applicable Fund(s)], a copy of the Declaration of Trust of [name of applicable trust(s)] is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that no trustee, officer, employee, agent, employee or shareholder of the Fund[(s)] shall have any personal liability under this Agreement, and that this Agreement is binding only upon the assets and property of the [applicable Fund(s)].
Appears in 1 contract
Sources: Fund of Funds Investment Agreement (Advanced Series Trust)
Term and Termination; Assignment; Amendment. (a) This Agreement shall be effective for the duration of the Acquired Funds' Fund's and the Acquiring Funds' reliance on the Rule, as interpreted or modified by the SEC or its Staff staff from time to time. While the terms of the Agreement shall only be applicable to investments in Acquired Funds made in reliance on the Rule, as interpreted or modified by the SEC or its Staff staff from time to time, the Agreement shall continue in effect until terminated pursuant to Section 7(b6(b).
(b) This Agreement shall continue until terminated, either in its entirety or with respect to one or more specific Acquired Fund(s) or Acquiring Fund(s), terminated in writing by either party upon 60 days' notice to the other party, provided however, that the provisions of Section 4 shall survive the termination of this Agreement. Upon termination of this Agreement, an the Acquiring Fund may not purchase additional shares of an the Acquired Fund beyond the Section 12(d)(l)(A12(d)(1)(A) limits in reliance on the Rule.
(c) This Agreement may not be assigned by either party without the prior written consent of the other.
(d) This Agreement may be amended amended, including the addition of Acquiring Funds to Schedule A, only by a in writing that is signed by each affected party. Notwithstanding anything contained herein .
(e) In any action involving the Acquiring Funds under this Agreement, the Acquired Fund agrees to look solely to the contrary, individual Acquiring Fund(s) that are involved in the Trust may, matter in its sole discretion, amend Schedule A controversy and not to add a any other series of the Acquiring Funds.
(f) In the case of Calamos Investment Trust, a copy of the Declaration of Trust is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that no trustee, officer, employee, agent or shareholder of Calamos Investment Trust shall have any personal liability under this Agreement, and that this Agreement is binding only upon the assets and property of Calamos Investment Trust.
Appears in 1 contract
Sources: Fund of Funds Investment Agreement (Calamos Investment Trust/Il)
Term and Termination; Assignment; Amendment. (a) This Agreement shall be effective for the duration of the Acquired Funds' ’ and the Acquiring Funds' ’ reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time. While the terms of the Agreement shall only be applicable to investments in Acquired Funds made in reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time, the Agreement shall continue in effect until terminated pursuant to Section 7(b).
(b) This Agreement shall continue until terminated, either in its entirety or with respect to one or more specific Acquired Fund(s) or Acquiring Fund(s), terminated in writing by either party upon 60 days' ’ notice to the other party, provided however, that the provisions of Section 4 shall survive the termination of this Agreement. Upon termination of this Agreement, an Acquiring Fund may not purchase additional shares of an Acquired Fund beyond the Section 12(d)(l)(A12(d)(1)(A) limits in reliance on the Rule.
(c) This Agreement may not be assigned by either party without the prior written consent of the other.
(d) This Agreement may be amended only by a writing that is signed by each affected party. Notwithstanding anything contained herein to the contrary, the Trust may, in its sole discretion, amend Schedule A to add a series of the Trust.
(e) In the case of the applicable Fund(s), a copy of the Declaration of Trust of SunAmerica Series Trust is on file with the Secretary of The Commonwealth of Massachusetts, and notice is hereby given that no trustee, officer, employee, agent, employee or shareholder of the Fund(s) shall have any personal liability under this Agreement, and that this Agreement is binding only upon the assets and property of the applicable Fund(s).
Appears in 1 contract
Term and Termination; Assignment; Amendment. (a) This Agreement shall be effective for the duration of the Acquired Funds' ’ and the Acquiring Funds' ’ reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time. While the terms of the this Agreement shall only be applicable to investments in Acquired Funds made in reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time, the this Agreement shall continue in effect until terminated pursuant to Section 7(b6(b).
(b) This Agreement shall continue until terminated, either in its entirety or with respect to one or more specific Acquired Fund(s) or Acquiring Fund(s), terminated in writing by either party upon 60 days' ’ notice to the other party. This Agreement may be terminated with respect to one or more Acquiring Companies, provided howeverAcquiring Funds, that Acquired Companies or Acquired Funds, and remain effective with respect to the provisions of Section 4 shall survive the termination of remaining Acquiring Companies, Acquiring Funds, Acquired Companies or Acquired Funds subject to this Agreement. Upon termination of this AgreementAgreement with respect to an Acquiring Fund, an the Acquiring Fund may not purchase additional shares of an any Acquired Fund beyond the Section 12(d)(l)(A12(d)(1)(A) limits in reliance on the Rule.
(c) This Agreement may not be assigned by either party without the prior written consent of the other. In the event a party assigns this Agreement to a third party as provided in this Section, such permitted third party shall be deemed to make the representations, warranties and covenants in this Agreement applicable to the assigning party and be bound by the acknowledgements and agreements of this Agreement applicable to the assigning party.
(d) This Other than as set forth in Section 7 below and with respect to notice information, this Agreement may be amended only by a writing that is signed by each affected party. Notwithstanding anything contained herein to the contrary, the Trust may, in its sole discretion, amend Schedule A to add a series of the Trust.
Appears in 1 contract
Sources: Fund of Funds Investment Agreement (BondBloxx ETF Trust)