Common use of Term and Termination; Assignment; Amendment Clause in Contracts

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 9(b). (b) This Agreement shall continue until terminated in writing by either party upon 30 days’ notice to the other party. To the extent an Acquiring Fund, its Advisory Group other accounts over which the Acquiring Fund’s investment adviser or its affiliate has investment discretion, individually or in the aggregate, holds more than 10% of an Acquired Fund’s total outstanding voting securities after the termination of this Agreement, Section 3(d) shall survive the termination of the Agreement. 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) Other than as set forth in Sections 6 and 7 above, this Agreement may be amended only by a writing that is signed by each affected party.

Appears in 8 contracts

Samples: Fund of Funds Investment Agreement (Smart Trust Tax Free Bond Trust Series 1), Fund of Funds Investment Agreement (RiverNorth Managed Duration Municipal Income Fund II, Inc.), Fund of Funds Investment Agreement (RiverNorth Funds)

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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 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 9(b6(b). (b) This Agreement shall continue until terminated in writing by either party upon 30 60 days’ written notice to the other party. To the extent an Acquiring Fund, its Advisory Group other accounts over which the Acquiring Fund’s investment adviser or its affiliate has investment discretion, individually or in the aggregate, holds more than 10% of an Acquired Fund’s total outstanding voting securities after the termination of this Agreement, Section 3(d) shall survive the termination of the Agreement. Upon termination of this Agreement, the no Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1)(A) limits in reliance on the Rule. Each Acquiring Fund’s obligation in Section 1(a) of this Agreement to provide advance notice of redemptions shall survive termination of this Agreement until the Acquiring Funds’ aggregate investment in the Acquired Fund is less than 3% of the Acquired Fund’s total outstanding shares. Termination of this Agreement on behalf of any Fund shall not terminate this Agreement with respect to any other Fund that is a party hereto. (c) This Agreement may not be assigned by either party without the prior written consent of the other. (d) Other than as set forth in Sections 6 and 7 above, this This Agreement may be amended only by a writing that is signed by each affected party.

Appears in 5 contracts

Samples: Fund of Funds Investment Agreement (Ab Municipal Income Fund Ii), Fund of Funds Investment Agreement (Ab Municipal Income Fund, Inc.), Fund of Funds Investment Agreement (Ab Fixed Income Shares 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 9(b). (b) This Agreement shall continue until terminated in writing by either party upon 30 days’ notice to the other party. To the extent an Acquiring Fund, its Advisory Group other accounts over which the Acquiring Fund’s investment adviser sponsor or its affiliate has investment discretion, individually or in the aggregate, holds more than 10% of an Acquired Fund’s total outstanding voting securities after the termination of this Agreement, Section 3(d) shall survive the termination of the Agreement. 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) Other than as set forth in Sections 6 and 7 above, this Agreement may be amended only by a writing that is signed by each affected party.

Appears in 4 contracts

Samples: Investment Agreement (Advisors Disciplined Trust Series 1), Fund of Funds Investment Agreement (Advisors Disciplined Trust Series 1), Fund of Funds Investment Agreement (BlackRock Utilities, Infrastructure & Power 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 9(b). (b) This Agreement shall continue until terminated in writing by either party upon 30 days’ notice to the other party. To the extent an Acquiring Fund, Fund and its Advisory Group other accounts over which the Acquiring Fund’s investment adviser or its affiliate has investment discretionGroup, individually or in the aggregate, holds more than 10I 0% of an Acquired Fund’s total outstanding voting securities after the termination of this Agreement, Section 3(d) shall survive the termination of the Agreement. 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) Other than as set forth in Sections 6 and 7 above, this Agreement may be amended only by a writing that is signed by each affected party.

Appears in 2 contracts

Samples: Fund of Funds Investment Agreement (First Trust Exchange-Traded Fund Viii), Unit Investment Trust of Closed End Funds Investment Agreement (Ft 9909)

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 from time to time. While the terms of the Agreement shall only be applicable to investments in Funds the Acquired Fund made in reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time, the Agreement shall continue in effect until terminated pursuant to Section 9(b6(b). (b) This Agreement shall continue until terminated in writing by either party upon 30 60 days’ written notice to the other party. To the extent an Acquiring Fund, its Advisory Group other accounts over which the Acquiring Fund’s investment adviser or its affiliate has investment discretion, individually or in the aggregate, holds more than 10% of an Acquired Fund’s total outstanding voting securities after the termination of this Agreement, Section 3(d) shall survive the termination of the Agreement. Upon termination of this Agreement, the no Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1)(A) limits in reliance on the Rule. Each Acquiring Fund’s obligation in Section 1(a) of this Agreement to provide advance notice of redemptions shall survive termination of this Agreement until the Acquiring Funds’ aggregate investment in the Acquired Fund is less than 3% of the Acquired Fund’s total outstanding shares. Termination of this Agreement on behalf of any Fund shall not terminate this Agreement with respect to any other Fund that is a party hereto. (c) This Agreement may not be assigned by either party without the prior written consent of the other. (d) Other than as set forth in Sections 6 and 7 above, this This Agreement may be amended only by a writing that is signed by each affected party.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Ab Cap Fund, Inc.)

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 from time to time. While the terms of the Agreement shall only be applicable to investments in Funds the Acquired Fund made in reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time, the Agreement shall continue in effect until terminated pursuant to Section 9(b7(b). (b) This Agreement shall continue until terminated in writing by either party upon 30 60 days’ written notice to the other party. To the extent an Acquiring Fund, its Advisory Group other accounts over which the Acquiring Fund’s investment adviser or its affiliate has investment discretion, individually or in the aggregate, holds more than 10% of an Acquired Fund’s total outstanding voting securities after the termination of this Agreement, Section 3(d) shall survive the termination of the Agreement. Upon termination of this Agreement, the no Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1)(A) limits in reliance on the Rule. Each Acquiring Fund’s obligation in Section 1(a) of this Agreement to provide advance notice of redemptions shall survive termination of this Agreement until the Acquiring Funds’ aggregate investment in the Acquired Fund is less than 1% of the Acquired Fund’s total outstanding shares. (c) This Agreement may not be assigned by either party without the prior written consent of the other. (d) Other than as set forth in Sections 6 and 7 above, this This Agreement may be amended only by a writing that is signed by each affected party.

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 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 9(b6(b). (b) This Agreement shall continue until terminated in writing by either party upon 30 60 days’ notice to the other party. To , provided however, that the extent an Acquiring Fund, its Advisory Group other accounts over which the Acquiring Fund’s investment adviser or its affiliate has investment discretion, individually or in the aggregate, holds more than 10% provisions of an Acquired Fund’s total outstanding voting securities after the termination of this Agreement, Section 3(d) 4 shall survive the termination of the 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)(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) Other than as set forth in Sections 6 and 7 above, this This Agreement may be amended only by a writing that is signed by each affected party. Notwithstanding anything contained herein to the contrary, the Trust may, in its sole discretion, amend Schedule A to add a series of the Trust.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Advanced Series Trust)

Term and Termination; Assignment; Amendment. (a) This Agreement shall be effective for the duration of the Acquired Funds’ 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 9(b). (b) This Agreement shall continue until terminated in writing by either party upon 30 days’ notice to the other party. To the extent an Acquiring Fund, Fund and its Advisory Group other accounts over which the Acquiring Fund’s investment adviser or its affiliate has investment discretionGroup, individually or in the aggregate, holds more than 10% of an Acquired Fund’s total outstanding voting securities after the termination of this Agreement, Section 3(d) shall survive the termination of the Agreement. Upon termination of this Agreement, the Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1)(Al2(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) Other than as set forth in Sections 6 and 7 above, this Agreement may be amended only by a writing that is signed by each affected party.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (BlackRock Utilities, Infrastructure & Power Opportunities Trust)

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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 from time to time. While the terms of the Agreement shall only be applicable to investments in Funds the Acquired Fund made in reliance on the Rule, as interpreted or modified by the SEC or its Staff from time to time, the Agreement shall continue in effect until terminated pursuant to Section 9(b6(b). (b) This Agreement shall continue until terminated in writing by either party upon 30 60 days’ written notice to the other party. To the extent an Acquiring Fund, its Advisory Group other accounts over which the Acquiring Fund’s investment adviser or its affiliate has investment discretion, individually or in the aggregate, holds more than 10% of an Acquired Fund’s total outstanding voting securities after the termination of this Agreement, Section 3(d) shall survive the termination of the Agreement. Upon termination of this Agreement, the no Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1)(A) limits in reliance on the Rule. Each Acquiring Fund’s obligation in Section 1(a) of this Agreement to provide advance notice of redemptions shall survive termination of this Agreement until the Acquiring Funds’ aggregate investment in the Acquired Fund is less than 3% of the Acquired Fund’s total outstanding shares. Termination of this Agreement on behalf of any Fund shall not terminate this Agreement with respect to any other Fund that is a party hereto. (c) This Agreement may not be assigned by either party without the prior written consent of the other. (d) Other than as set forth in Sections 6 and 7 above, this This Agreement may be amended only by a writing that is signed by each affected party.. [Signature Page Follows]

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Advanced Series Trust)

Term and Termination; Assignment; Amendment. (a) This Agreement shall be effective for the duration of the Acquired Funds’ 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 9(b7(b). (b) This Agreement shall continue until terminated in writing by either party upon 30 60 days’ notice to the other party. To , provided however, that the extent an Acquiring Fund, its Advisory Group other accounts over which the Acquiring Fund’s investment adviser or its affiliate has investment discretion, individually or in the aggregate, holds more than 10% provisions of an Acquired Fund’s total outstanding voting securities after the termination of this Agreement, Section 3(d) 4 shall survive the termination of the 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)(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) Other than as set forth in Sections 6 and 7 aboveWith the exception of additions to Schedule A, this Agreement which may be amended only via email notification to the contact identified in Paragraph 6 of this Agreement, no amendment, modification, or supplement of any provision of this Agreement will be valid or effective unless made in writing signed by a writing that is signed by duly authorized representative of each affected party.

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 9(b6(b). (b) This Agreement shall continue until terminated in writing by either party upon 30 60 days’ written notice to the other party. To ; provided, however, that the extent an Acquiring Fund, its Advisory Group other accounts over which the Acquiring Fund’s investment adviser or its affiliate has investment discretion, individually or in the aggregate, holds more than 10% provisions of an Acquired Fund’s total outstanding voting securities after the Section 4 shall survive termination of this Agreement, Section 3(d) shall survive the termination of the Agreement. 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) Other than as set forth in Sections 6 and 7 above, this This Agreement may be amended amended, including for the purpose of adding Acquiring Funds and Acquired Funds to Schedule A, only by a writing that is signed by each affected party.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Neuberger Berman Advisers Management 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 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 9(b7(b). (b) This Agreement shall continue until terminated in writing by either party upon 30 60 days’ written notice to the other party. To the extent an Acquiring Fund, its Advisory Group other accounts over which the Acquiring Fund’s investment adviser or its affiliate has investment discretion, individually or in the aggregate, holds more than 10% of an Acquired Fund’s total outstanding voting securities after the termination of this Agreement, Section 3(d) shall survive the termination of the Agreement. Upon termination of this Agreement, the no Acquiring Fund may not purchase additional shares of the Acquired Fund beyond the Section 12(d)(1)(A) limits in reliance on the Rule. Each Acquiring Fund’s obligation in Section 1(a) of this Agreement to provide advance notice of redemptions shall survive termination of this Agreement until the Acquiring Funds’ aggregate investment in the Acquired Fund is less than 3% of the Acquired Fund’s total outstanding shares. (c) This Agreement may not be assigned by either party without the prior written consent of the other. (d) Other than as set forth in Sections 6 and 7 above, this This Agreement may be amended only by a writing that is signed by each affected party.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (E-Valuator Funds Trust)

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