Common use of TERM AND TERMINATION OF THIS AGREEMENT; NO ASSIGNMENT Clause in Contracts

TERM AND TERMINATION OF THIS AGREEMENT; NO ASSIGNMENT. (a) This Agreement will become effective with respect to a Fund upon the commencement of the public offering of shares of the Fund. The Agreement will, unless terminated as hereinafter provided, continue in effect for a period of two (2) years from the date of effectiveness with respect to a Fund. This Agreement will continue in effect thereafter for additional periods not exceeding one (1) year so long as such continuation is approved for a Fund at least annually by (i) the Board or by the vote of a majority of the outstanding voting securities of the Fund and (ii) the vote of a majority of the Trustees of the Trust who are not parties to this Agreement nor interested persons thereof, cast in person at a meeting called for the purpose of voting on such approval. The terms “majority of the outstanding voting securities” and “interested persons” will have the meanings as set forth in the 1940 Act. (b) This Agreement may be terminated by the Trust on behalf of a Fund at any time without payment of any penalty, by the Board, or by vote of a majority of the outstanding voting securities of the Fund, upon sixty (60) days’ written notice to the Adviser, and by the Adviser upon sixty (60) days’ written notice to the Fund. In the event of a termination, the Adviser will cooperate in the orderly transfer of a Fund’s affairs and, at the request of the Board, transfer any and all books and records of the Fund maintained by the Adviser on behalf of the Fund. (c) This Agreement will terminate automatically in the event of any transfer or assignment thereof, as defined in the 1940 Act.

Appears in 2 contracts

Samples: Investment Advisory Agreement (USFS Funds Trust), Investment Advisory Agreement (USFS Funds Trust)

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TERM AND TERMINATION OF THIS AGREEMENT; NO ASSIGNMENT. (a) This Agreement will become effective with respect to a the Fund upon the commencement as of the public offering of shares of the Funddate first set forth above. The Agreement will, unless terminated as hereinafter provided, continue in effect for a period on an interim basis until the first of two (2) years from the date of effectiveness with respect following to a Fund. This Agreement will continue in effect thereafter for additional periods not exceeding one (1) year so long as such continuation is approved for a Fund at least annually by occur: (i) the Board or effective date of a permanent investment advisory agreement between the Fund and the Adviser which has been approved by the vote of a majority of the outstanding voting securities of the Fund and Fund, or (ii) the vote of a majority of 151st day following the Trustees of the Trust who are not parties to this Agreement nor interested persons thereof, cast in person at a meeting called for the purpose of voting on such approvaldate first set forth above. The terms term “majority of the outstanding voting securities” and “interested persons” will have the meanings meaning as set forth in Section 2(a)(42) of the 1940 Act. (b) This Agreement may be terminated by the Trust on behalf of a Fund at any time without payment of any penalty, by the Board, or by vote of a majority of the outstanding voting securities of the Fund, upon sixty ten (6010) days’ written notice to the Adviser, and by the Adviser upon sixty (60) days’ written notice to the Fund. In the event of a termination, the Adviser will cooperate in the orderly transfer of a the Fund’s affairs and, at the request of the Board, transfer any and all books and records of the Fund maintained by the Adviser on behalf of the Fund. (c) This Agreement will terminate automatically in the event of any transfer or assignment thereof, as defined in the 1940 Act.

Appears in 1 contract

Samples: Interim Investment Advisory Agreement (Bluestone Community Development Fund)

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