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 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 6(b). (b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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. (e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds. (f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 10 contracts
Samples: Fund of Funds Investment Agreement (Managed Portfolio Series), Fund of Funds Investment Agreement (Exchange Listed Funds Trust), Fund of Funds Investment Agreement (First Trust Exchange-Traded Fund Viii)
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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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 Other than as set forth in Section 5 above, 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, except that, upon written notice by Acquired Funds to Acquiring Funds Schedule B to this Agreement may be amended by the Acquired Funds, in their sole discretion.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 10 contracts
Samples: Fund of Funds Investment Agreement (Federated Hermes MDT Series), Fund of Funds Investment Agreement (Federated Hermes Insurance Series), Fund of Funds Investment Agreement (Federated Hermes MDT Series)
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 staff from time to time. While the terms of the Agreement shall only be applicable to investments in 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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, except that Schedule B to this Agreement may be amended by the Acquired Funds, in their sole discretion.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 9 contracts
Samples: Fund of Funds Investment Agreement (James Advantage Funds), Fund of Funds Investment Agreement (Exchange Listed Funds Trust), Fund of Funds Investment Agreement (Exchange Traded Concepts 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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 8 contracts
Samples: Fund of Funds Investment Agreement (ProFunds), Fund of Funds Investment Agreement (Proshares Trust), Fund of Funds Investment Agreement (Proshares 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 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 sixty (60) days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not Fund[s] maynot purchase additional shares of the Acquired Fund Fund[s] beyond the Section 12(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 either party assigns this Agreement to a third party as provided in this Section, such permitted third party shall be bound by the terms and conditions of this Agreement applicable to the assigning party.
(d) This Except as otherwise provided in this Agreement, the Agreement may be amended only by a writing that is signed by each affected party.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] is involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 5 contracts
Samples: Fund of Funds Investment Agreement (Voya Separate Portfolios Trust), Fund of Funds Investment Agreement (Voya INTERMEDIATE BOND PORTFOLIO), Fund of Funds Investment Agreement (Voya BALANCED PORTFOLIO INC)
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 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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, except that Schedule B to this Agreement may be amended by the Acquired Funds, in their sole discretion, by providing notice to the Acquiring Funds in accordance with Section 4.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual series of the Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring FundsFund(s).
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual series of the Acquired Fund(s) Funds that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 5 contracts
Samples: Fund of Funds Investment Agreement (Arbitrage Funds), Fund of Funds Investment Agreement (Exchange Listed Funds Trust), Fund of Funds Investment Agreement (Exchange Traded Concepts 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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.
(e) In any action involving the Acquiring Funds under this Agreement, each the Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 3 contracts
Samples: Fund of Funds Investment Agreement (Eq Advisors Trust), Fund of Funds Investment Agreement (1290 Funds), Fund of Funds Investment Agreement (Eq Advisors 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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 3 contracts
Samples: Fund of Funds Investment Agreement (BondBloxx ETF Trust), Fund of Funds Investment Agreement (BondBloxx ETF Trust), Fund of Funds Investment Agreement (BondBloxx ETF Trust)
Term and Termination; Assignment; Amendment. (a) This Agreement shall be effective for the duration of the Acquired Funds’ and and/or 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 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 6(b7(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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 either party assigns this Agreement to a third party as provided in this Section, such permitted third party shall be bound by the terms and conditions of this Agreement applicable to the assigning party.
(d) This Agreement may be amended only by a writing that is signed by each affected party.
(e) This Agreement will be governed by the laws of Delaware without regard to its choice of law principles.
(f) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) Fund that [is/are] is involved in the matter in controversy and not to any other series of the Acquiring FundsTrusts.
(fg) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) Fund that [is/are] is involved in the matter in controversy and not to any other series of the Acquired FundsTrusts.
Appears in 2 contracts
Samples: Fund of Funds Investment Agreement (Aristotle Funds Series Trust), Fund of Funds Investment Agreement (Pacific Select Fund)
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 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 sixty (60) days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund Funds may not purchase additional shares of the Acquired Fund Funds beyond the Section 12(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 either party assigns this Agreement to a third party as provided in this Section, such permitted third party shall be bound by the terms and conditions of this Agreement applicable to the assigning party.
(d) This Except as otherwise provided in this Agreement, the Agreement may be amended only by a writing that is signed by each affected party.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 2 contracts
Samples: Fund of Funds Investment Agreement (DBX Etf Trust), Fund of Funds Investment Agreement (DBX Etf 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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each the Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 2 contracts
Samples: Fund of Funds Investment Agreement (First Trust Exchange-Traded Fund Viii), Fund of Funds Investment Agreement (First Trust Series Fund)
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 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 sixty (60) days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund Funds may not purchase additional shares of the Acquired Fund Funds beyond the Section 12(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 either party assigns this Agreement to a third party as provided in this Section, such permitted third party shall be bound by the terms and conditions of this Agreement applicable to the assigning party.
(d) This Except as otherwise provided in this Agreement, the Agreement may be amended only by a writing that is signed by each affected party.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) Funds that [is/are] is involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) Fund that [is/are] is involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 2 contracts
Samples: Fund of Funds Investment Agreement (DBX Etf Trust), Fund of Funds Investment Agreement (DBX Etf 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 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 6(b).
(ba) This Agreement shall continue until terminated 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. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1)(A) limits in reliance on the Rule.
(cb) This Agreement may not be assigned by either party without the prior written consent of the other.
(dc) 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.
(ed) In any action involving the Acquiring Funds under this Agreement, each the Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 2 contracts
Samples: Fund of Funds Investment Agreement (GPS Funds I), Fund of Funds Investment Agreement (GPS Funds II)
Term and Termination; Assignment; Amendment. (a) This Agreement shall be effective for the duration of the Acquired Funds’ and and/or 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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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 either party assigns this Agreement to a third party as provided in this Section, such permitted third party shall be bound by the terms and conditions of this Agreement applicable to the assigning party.
(d) This Agreement may be amended only by a writing that is signed by each affected party.
(e) This Agreement will be governed by the laws of the Commonwealth of Massachusetts without regard to its choice of law principles.
(f) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring FundsTrusts.
(fg) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired FundsTrusts.
Appears in 2 contracts
Samples: 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 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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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, except that Schedule B to this Agreement may be amended by the Acquired Funds, in their sole discretion.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 2 contracts
Samples: Fund of Funds Investment Agreement (Northern Lights Variable Trust), Fund of Funds Investment Agreement (Northern Lights Fund 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 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 sixty (60) days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund Fund[s] may not purchase additional shares of the Acquired Fund Fund[s] beyond the Section 12(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 either party assigns this Agreement to a third party as provided in this Section, such permitted third party shall be bound by the terms and conditions of this Agreement applicable to the assigning party.
(d) This Except as otherwise provided in this Agreement, the Agreement may be amended only by a writing that is signed by each affected party.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] is involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 2 contracts
Samples: Fund of Funds Investment Agreement (DBX Etf Trust), Fund of Funds Investment Agreement (Voya PARTNERS INC)
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 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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, except that Schedule B to this Agreement may be amended by the Acquired Funds, in their sole discretion upon not less than 30 days’ prior notice to the Acquiring Funds in accordance with Section 4.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual series of the Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring FundsFund(s).
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual series of the Acquired Fund(s) Funds that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 2 contracts
Samples: Fund of Funds Investment Agreement (GPS Funds II), Fund of Funds Investment Agreement (GPS Funds I)
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 6(b7(b).
(b) This Agreement shall continue until terminated 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, the an Acquiring Fund may not purchase additional shares of the an Acquired Fund beyond the Section 12(d)(1)(A12(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.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely . Notwithstanding anything contained herein to the individual Acquiring Fund(s) that [is/are] involved contrary, the Trust may, in the matter in controversy and not its sole discretion, amend Schedule A to any other add a series of the Acquiring FundsTrust.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 2 contracts
Samples: Participation Agreement (GPS Funds II), Fund of Funds Investment Agreement (GPS Funds I)
Term and Termination; Assignment; Amendment. (a) This Agreement shall be effective for the duration of the Acquired Funds’ and ' and/or 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 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 6(b).
(b) This Agreement shall continue until 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 Trust, Acquiring Fund, Acquired Trust or Acquired Fund, and remain effective with respect to the remaining Acquiring Trusts, Acquiring Funds, Acquired Trusts or Acquired Funds subject to this Agreement. Upon termination of this Agreement, the Acquiring Fund Funds may not purchase additional shares of the Acquired Fund Funds beyond the Section 12(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 either party assigns this Agreement to a third party as provided in this Section, such permitted third party shall be bound by the terms and conditions 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.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 2 contracts
Samples: Fund of Funds Investment Agreement (BNY Mellon ETF Trust), Fund of Funds Investment Agreement (BNY Mellon ETF 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 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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 otherother party.
(d) This Agreement may be amended only by a writing that is signed by each affected party, except that Schedule B to this Agreement may be amended by the Acquired Funds, in their sole discretion, by providing notice to the Acquiring Funds in accordance with Section 4.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual series of the Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring FundsFund(s).
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual series of the Acquired Fund(s) Funds that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 2 contracts
Samples: Fund of Funds Investment Agreement (Tidal Trust II), Fund of Funds Investment Agreement (Tidal ETF 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 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 6(b).
(b) This Agreement shall continue until terminated 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. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1)(A) limits in reliance on the Rule.
(ca) This Agreement may not be assigned by either party without the prior written consent of the other.
(db) 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.
(ec) In any action involving the Acquiring Funds under this Agreement, each the Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 2 contracts
Samples: Fund of Funds Investment Agreement (GPS Funds II), Fund of Funds Investment Agreement (GPS Funds I)
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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.. DocuSign Envelope ID: F8F1DF17-898E-4FA2-85DD-34D7F380EF8C
(e) In any action involving the Acquiring Funds Fund under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(sFund) that [is/are] is involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds Fund under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) Fund that [is/are] is involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Proshares 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 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 sixty (60) days’ ' notice to the other party. Upon termination of this Agreement, the an Acquiring Fund may not purchase additional shares of the an Acquired Fund beyond the Section 12(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 either party assigns this Agreement to a third party as provided in this Section, such permitted third party shall be bound by the terms and conditions of this Agreement applicable to the assigning party.
(d) This Except as otherwise provided in this Agreement, the Agreement may be amended only by a writing that is signed by each affected party.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
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 Agreement shall only be applicable to investments in 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.
(e) In any action involving the an Acquiring Funds Fund under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) Fund that [is/are] is involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the an Acquired Funds Fund under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) Fund that [is/are] is involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (ETF Opportunities 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 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 sixty (60) days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not Fund[s] maynot purchase additional shares of the Acquired Fund Fund[s] beyond the Section 12(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 either party assigns this Agreement to a third party as provided in this Section, such permitted third party shall be bound by the terms and conditions of this Agreement applicable to the assigning party.
(d) This Except as otherwise provided in this Agreement, the Agreement may be amended only by a writing that is signed by each affected party.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
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 Agreement shall only be applicable to investments in 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1)(A12(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.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Tidal ETF 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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 [60] days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.]
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds.]
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.]
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 Agreement shall only be applicable to investments in 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1)(A) or Section 12(d)(1)(C) limits in reliance on the Rule.
(c) This Agreement may not be assigned by either party without the prior written consent of consentof the other.
(d) This Agreement may be amended amended, including the addition of Acquiring Funds and Acquired Funds to Schedules A and B, respectively, only by a writing that is signed by each affected party.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Litman Gregory Funds 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 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 sixty (60) days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund Fund[s] may not purchase additional shares of the Acquired Fund Funds beyond the Section 12(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 either party assigns this Agreement to a third party as provided in this Section, such permitted third party shall be bound by the terms and conditions of this Agreement applicable to the assigning party.
(d) This Except as otherwise provided in this Agreement, the Agreement may be amended only by a writing that is signed by each affected party.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
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 staff from time to time. While the terms of the Agreement shall only be applicable to investments in 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (ETF Series Solutions)
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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.. DocuSign Envelope ID: F8F1DF17-898E-4FA2-85DD-34D7F380EF8C
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) Fund that [is/are] is involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) Fund that [is/are] is involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Proshares 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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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, except that Schedule B to this Agreement may be amended by the Acquired Funds, in their sole discretion, by providing notice to the Acquiring Funds in accordance with Section 4.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual series of the Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring FundsFund(s).
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual series of the Acquired Fund(s) Funds that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Transamerica Funds)
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 staff from time to time. While the terms of the Agreement shall only be applicable to investments in 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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 either party assigns this Agreement to a third party, such permitted third party shall be bound by the terms and conditions of this Agreement applicable to the assigning party.
(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, except that Schedule B to this Agreement may be amended by the Acquired Funds, in their sole discretion.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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 an authorized representative each affected party.
(e) In any action involving the an Acquiring Funds Fund under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) Fund that [is/are] is involved in the matter in controversy and not to any other Acquiring Funds or series of the an Acquiring FundsTrust.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) Fund that [is/are] is involved in the matter in controversy and not to any other Acquired Funds or series of the Acquired FundsTrust.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Proshares 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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.
(e) . In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds.
(fe) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Advisors Preferred Trust)
Term and Termination; Assignment; Amendment. (a) This Agreement shall be effective for the duration of the Acquired Funds’ and and/or 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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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 either party assigns this Agreement to a third party as provided in this Section, such permitted third party shall be bound by the terms and conditions of this Agreement applicable to the assigning party.
(d) This Agreement may be amended only by a writing that is signed by each affected party.
(e) This Agreement will be governed by the laws of Delaware without regard to its choice of law principles.
(f) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) Fund that [is/are] is involved in the matter in controversy and not to any other series of the Acquiring FundsTrusts.
(fg) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) Fund that [is/are] is involved in the matter in controversy and not to any other series of the Acquired FundsTrusts.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Pacific Select Fund)
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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and controversyand not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
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 Agreement shall only be applicable to investments in 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 sixty (60) days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not Funds maynot purchase additional shares of the Acquired Fund Funds beyond the Section 12(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 either party assigns this Agreement to a third party as provided in this Section, such permitted third party shall be bound by the terms and conditions of this Agreement applicable to the assigning party.
(d) This Except as otherwise provided in this Agreement, the Agreement may be amended only by a writing that is signed by each affected party.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
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 Agreement shall only be applicable to investments in 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1)(A) or Section 12(d)(1)(C) limits in reliance on the Rule. For purposes of clarity, upon termination of the Agreement, the Acquiring Fund will not be required to reduce its holdings of the respective Acquired Fund. Termination of this Agreement with respect to a particular Acquiring Fund and/or Acquired Fund shall not terminate the Agreement as to other Acquiring Funds and Acquired Funds that are parties hereto.
(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 shall automatically terminate with respect to a writing that is signed by each affected party.
(e) In any action involving particular Acquiring Fund upon the termination of such Acquiring Fund. Such termination of the Agreement on behalf of the respective Acquiring Fund shall not terminate this Agreement with respect to other Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Fundsare parties hereto.
Appears in 1 contract
Samples: Investment Agreement (Advisors Disciplined Trust Series 1)
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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Proshares 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 staff from time to time. While the terms of the Agreement shall only be applicable to investments in 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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 in a writing that is signed by each affected party, except that Schedule B to this Agreement may be amended by the Acquired Funds, in their sole discretion, upon notice to the Acquiring Funds.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Brighthouse Funds Trust I)
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 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 6(b).
(b) This Agreement shall continue remain in effect until terminated in writing by either party upon 60 days’ ' notice to the other party. Upon termination of this Agreement, the an Acquiring Fund may not purchase additional shares of the an Acquired Fund beyond the Section 12(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.
(e) In any an action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any an action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Proshares 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 staff from time to time. While the terms of the Agreement shall only be applicable to investments in 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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 With the exception of additions to Schedules A and changes to the contact information identified in Section 5 of this Agreement, which may be amended via email notification, this Agreement may be amended only by a in writing that is signed by each affected party. Schedule B to this Agreement may be amended by the Acquired Funds, in their sole discretion.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Eq Advisors 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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to the property of any other series of the Acquiring FundsUltimus Managers Trust.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Proshares 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’ 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 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.
(e) In any action involving the Acquiring Funds Fund under this Agreement, each the Acquired Fund agrees to look solely to the individual Acquiring Fund(s) Fund that [is/are] is involved in the matter in controversy and not to any other series of the Acquiring FundsXxxxxxx Capital Destinations Trust.
(f) In any action involving the Acquired Funds Fund under this Agreement, each the Acquiring Fund agrees to look solely to the individual Acquired Fund(s) Fund that [is/are] is involved in the matter in controversy and not to any other series of the Acquired FundsSeries Portfolios Trust.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Series Portfolios 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 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 sixty (60) days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund Funds may not purchase additional shares of the Acquired Fund Funds beyond the Section 12(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 either party assigns this Agreement to a third party as provided in this Section, such permitted third party shall be bound by the terms and conditions of this Agreement applicable to the assigning party.
(d) This Except as otherwise provided in this Agreement, the Agreement may be amended only by a writing that is signed by each affected party.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) Funds that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) Funds that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
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 staff from time to time. While the terms of the Agreement shall only be applicable to investments in 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days60days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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 and Acquired Funds to Schedule A and B only by a writing that is signed by each affected party.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Massmutual Select Funds)
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 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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 either party assigns this Agreement to a third party as provided in this Section, such permitted third party shall be bound by the terms and conditions of this Agreement applicable to the assigning party.
(d) This Agreement may be amended only by a writing that is signed by each affected party, except that Schedules B to this Agreement may be amended by the Acquired Funds in their sole discretion, by providing notice to the Acquiring Funds in accordance with Section 4.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual series of the Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring FundsFund(s).
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual series of the Acquired Fund(s) Funds that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Brighthouse Funds Trust I)
Term and Termination; Assignment; Amendment. (a) This Agreement shall be effective for the duration of the Acquired Funds’ and and/or 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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ written notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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 either party assigns this Agreement to a third party as provided in this Section, such permitted third part shall be bound by the terms and conditions of this Agreement applicable to the assigning party. Notwithstanding the foregoing, Acquired Fund acknowledges that the Acquiring Fund expects to undergo an indirect change of control in the first quarter of 2022 (the “Change of Control Transaction”) and agrees that this Agreement shall continue in full force and effect following such change in control, assuming this Agreement has not otherwise been terminated and that notice of termination has not been delivered in accordance with Section 6(b); and further provided that Acquired Fund is provided 65 days’ advance written notice of the Change of Control Transaction identifying the parties thereto and all other information regarding the Change of Control Transaction relevant to this Agreement.
(d) This Agreement may be amended only by a writing that is signed by each affected party.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Ohio National Fund Inc)
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 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 6(b5(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Tidal Trust II)
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 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(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.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.. #18543v1<ACI-LG> - GWF Rule 12d1-4 Investment Agreement_Underlying Mutual Funds... docx4
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (American Century Capital Portfolios Inc)
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 staff from time to time. While the terms of the Agreement shall only be applicable to investments in 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 6(b).
(b) This Agreement shall continue until terminated in writing by either party upon 60 days’ ' notice to the other party. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1)(A12(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 amended, including the addition of Acquiring Funds to Schedule A, only by a in writing that is signed by each affected party, except that Schedule B to this Agreement may be amended by the Acquired Funds, in their sole discretion.
(e) In any action involving the Acquiring Funds under this Agreement, each Acquired Fund agrees to look solely to the individual Acquiring agrees-to-look-solely-to-the-individual-Acquiring-Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquiring Funds.
(f) In any action involving the Acquired Funds under this Agreement, each Acquiring Fund agrees to look solely to the individual Acquired Fund(s) that [is/are] are involved in the matter in controversy and not to any other series of the Acquired Funds.
Appears in 1 contract
Samples: Fund of Funds Investment Agreement (Northern Lights Fund Trust IV)