Term, Termination, Assignment and Amendment. (a) Either party to this Agreement may terminate this Agreement by giving ten days’ written notice to the other. (b) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in bankruptcy, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s registration as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iv) Dealer’s FINRA membership is suspended or revoked, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “assignment,” within the meaning of the 1940 Act. (c) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement. (d) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares for its own account or on behalf of any Customer’s accounts following Dealer’s receipt of such notice.
Appears in 16 contracts
Samples: Dealer Agreement (Artio Global Investment Funds), Dealer Agreement (Artio Global Equity Fund Inc), Dealer Agreement (Artio Global Investment Funds)
Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved by such Fund at least annually in conformity with the requirements of the 1940 Act.
(b) Either party to this Agreement may terminate this Agreement by giving ten days’ written notice to the other.
(bc) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in any bankruptcy, insolvency or receivership proceedings, or an assignment for the benefit of creditors, is brought under any federal or state law by or against Dealer, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s registration registration, if any, as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iviii) Dealer’s FINRA membership membership, if any, is suspended or revoked, (iv) Dealer is not registered as a broker-dealer under the 1934 Act or in a state or other jurisdiction in which it sells Fund Shares and there is not an applicable exemption from registration as a broker-dealer under the 1934 Act or in the state or other jurisdiction in which it sells Fund Shares, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a such Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “assignment,” within the meaning of the 1940 Act.
(cd) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(de) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares for its own account or on behalf of any Customer’s accounts following Dealer’s receipt of such notice.
Appears in 7 contracts
Samples: Dealer Agreement (First American Funds Inc), Dealer Agreement (First American Funds Inc), Dealer Agreement (First American Funds Inc)
Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved by such Fund at least annually in conformity with the requirements of the 1940 Act.
(b) Either party to this Agreement may terminate this Agreement by giving ten days’ ' written notice to the other.
(bc) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in any bankruptcy, insolvency or receivership proceedings, or an assignment for the benefit of creditors, is brought under any federal or state law by or against Dealer, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy lawsDealer's registration, (iii) Dealer’s registration if any, as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iviii) Dealer’s FINRA membership 's NASD membership, if any, is suspended or revoked, (iv) Dealer is not registered as a broker-dealer under the 1934 Act or in a state or other jurisdiction in which it sells Fund Shares and there is not an applicable exemption from registration as a broker-dealer under the 1934 Act or in the state or other jurisdiction in which it sells Fund Shares, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “"assignment,” " within the meaning of the 1940 Act.
(cd) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(de) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s 's receipt of such notice.
Appears in 5 contracts
Samples: Dealer Agreement (First American Strategy Funds Inc), Dealer Agreement (First American Funds Inc), Dealer Agreement (First American Investment Funds Inc)
Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved at least annually in conformity with the requirements of the 1940 Act.
(b) Either party to this Agreement may terminate this Agreement by giving ten days’ ' written notice to the other.
(bc) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in bankruptcy, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s 's registration as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iv) Dealer’s FINRA 's NASD membership is suspended or revoked, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “"assignment,” " within the meaning of the 1940 Act.
(cd) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(de) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s 's receipt of such notice.
Appears in 4 contracts
Samples: Dealer Agreement (Portico Funds Inc /Mn/), Dealer Agreement (First American Strategy Funds Inc), Dealer Agreement (First American Funds Inc)
Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved by such Fund at least annually in conformity with the requirements of the 1940 Act.
(b) Either party to this Agreement may terminate this Agreement by giving ten days’ ' written notice to the other.
(bc) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in any bankruptcy, insolvency or receivership proceedings, or an assignment for the benefit of creditors, is brought under any federal or state law by or against Dealer, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy lawsDealer's registration, (iii) Dealer’s registration if any, as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iviii) Dealer’s 's FINRA membership membership, if any, is suspended or revoked, (iv) Dealer is not registered as a broker-dealer under the 1934 Act or in a state or other jurisdiction in which it sells Fund Shares and there is not an applicable exemption from registration as a broker-dealer under the 1934 Act or in the state or other jurisdiction in which it sells Fund Shares, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a such Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “"assignment,” " within the meaning of the 1940 Act.
(cd) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(de) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s 's receipt of such notice.
Appears in 4 contracts
Samples: Dealer Agreement (First American Investment Funds Inc), Dealer Agreement (First American Strategy Funds Inc), Dealer Agreement (First American Investment Funds Inc)
Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved at least annually in conformity with the requirements of the 1940 Act.
(b) Either party to this Agreement may terminate this Agreement by giving ten days’ written notice to the other.
(bc) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in bankruptcy, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s registration as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iv) Dealer’s FINRA NASD membership is suspended or revoked, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “assignment,” within the meaning of the 1940 Act.
(cd) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(de) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s 's receipt of such notice.
Appears in 4 contracts
Samples: Dealer Agreement (Thompson Im Funds Inc), Dealer Agreement (Thompson Im Funds Inc), Dealer Agreement (Thompson Im Funds Inc)
Term, Termination, Assignment and Amendment. (a) Either party to this Agreement may terminate this Agreement by giving ten days’ written notice to the other.
(b) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in bankruptcy, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s registration as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iv) Dealer’s FINRA membership is suspended or revoked, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “assignment,” within the meaning of the 1940 Act.
(c) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(d) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s 's receipt of such notice.
Appears in 3 contracts
Samples: Dealer Selling Agreement (Tortoise Tax-Advantaged Social Infrastructure Fund, Inc.), Dealer Agreement (Artio Select Opportunities Fund Inc.), Dealer Agreement (Artio Global Investment Funds)
Term, Termination, Assignment and Amendment. (a) Either party to this Agreement may terminate this Agreement by giving ten days’ written notice to the other.
(b) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in bankruptcy, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s registration as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iv) Dealer’s FINRA membership is suspended or revoked, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “assignment,” within the meaning of the 1940 Act.
. (c) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(d) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares for its own account or on behalf of any Customer’s accounts following Dealer’s receipt of such notice.
Appears in 2 contracts
Samples: Dealer Agreement (Artio Select Opportunities Fund Inc.), Dealer Agreement (Artio Global Investment Funds)
Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved by such Fund at least annually in conformity with the requirements of the 1940 Act.
(b) Either party to this Agreement may terminate this Agreement by giving ten days’ ' written notice to the other.
(bc) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in any bankruptcy, insolvency or receivership proceedings, or an assignment for the benefit of creditors, is brought under any federal or state law by or against Dealer, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy lawsDealer's registration, (iii) Dealer’s registration if any, as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iviii) Dealer’s FINRA membership 's NASD membership, if any, is suspended or revoked, (iv) Dealer is not registered as a broker-dealer under the 1934 Act or in a state or other jurisdiction in which it sells Fund Shares and there is not an applicable exemption from registration as a broker-dealer under the 1934 Act or in the state or other jurisdiction in which it sells Fund Shares, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a such Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “"assignment,” " within the meaning of the 1940 Act.
(cd) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(de) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s 's receipt of such notice.
Appears in 2 contracts
Samples: Dealer Agreement (First American Investment Funds Inc), Dealer Agreement (First American Investment Funds Inc)
Term, Termination, Assignment and Amendment. (a) Either party to this Agreement may terminate this Agreement by giving ten days’ ' written notice to the other.
(b) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in bankruptcy, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s 's registration as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iv) Dealer’s FINRA 's NASD membership is suspended or revoked, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “"assignment,” " within the meaning of the 1940 Act.
(c) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(d) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s 's receipt of such notice.
Appears in 2 contracts
Samples: Dealer Agreement (Julius Baer Global Equity Fund Inc), Dealer Agreement (Julius Baer Global Equity Fund Inc)
Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved by such Fund at least annually in conformity with the requirements of the 1940 Act.
(b) Either party to this Agreement may terminate this Agreement by giving ten days’ ' written notice to the other.
(bc) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in any bankruptcy, insolvency or receivership proceedings, or an assignment for the benefit of creditors, is brought under any federal or state law by or against Dealer, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy lawsDealer's registration, (iii) Dealer’s registration if any, as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iviii) Dealer’s 's FINRA membership membership, if any, is suspended or revoked, (iv) Dealer is not registered as a broker-dealer under the 1934 Act or in a state or other jurisdiction in which it sells Fund Shares and there is not an applicable exemption from registration as a broker-dealer under the 1934 Act or in the state or other jurisdiction in which it sells Fund Shares, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a such Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “"assignment,” " within the meaning of the 1940 Act.
(cd) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(de) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s 's receipt of such notice.
Appears in 2 contracts
Samples: Dealer Agreement (First American Strategy Funds Inc), Dealer Agreement (First American Funds Inc)
Term, Termination, Assignment and Amendment. (a) Either party to this Agreement may terminate this Agreement by giving ten days’ ' written notice to the other.
(b) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in bankruptcy, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s 's registration as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iv) Dealer’s 's FINRA membership is suspended or revoked, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “"assignment,” " within the meaning of the 1940 Act.
(c) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(d) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s 's receipt of such notice.
Appears in 2 contracts
Samples: Dealer Agreement (Julius Baer Investment Funds), Dealer Agreement (Julius Baer Global Equity Fund Inc)
Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved by such Fund at least annually in conformity with the requirements of the 1940 Act.
(b) Either party to this Agreement may terminate this Agreement by giving ten days’ ' written notice to the other.
(bc) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in any bankruptcy, insolvency or receivership proceedings, or an assignment for the benefit of creditors, is brought under any federal or state law by or against Dealer, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy lawsDealer's registration, (iii) Dealer’s registration if any, as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iviii) Dealer’s 's FINRA membership membership, if any, is suspended or revoked, (iv) Dealer is not registered as a broker-dealer under the 1934 Act or in a state or other jurisdiction in which it sells Fund Shares and there is not an applicable exemption from registration as a broker-dealer under the 1934 Act or in the state or other jurisdiction in which it sells Fund Shares, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a such Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “"assignment,” " within the meaning of the 1940 Act.
(cd) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(de) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s 's receipt of such notice.. First American 12/10/2008 6
Appears in 1 contract
Samples: Dealer Agreement (First American Strategy Funds Inc)
Term, Termination, Assignment and Amendment. (a) Either party to this Agreement may terminate this Agreement by giving ten days’ ' written notice to the other.
(b) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in bankruptcy, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s registration resignation as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iv) Dealer’s FINRA membership is suspended or revoked, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar Vigilant and a Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “assignment,” within the meaning of the 1940 Act, except in the event of a merger or sale of all or substantially all of Dealer’s Assets.
(c) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(d) This Agreement may be amended by Quasar Vigilant upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s Xxxxxx's receipt of such notice.
Appears in 1 contract
Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved at least annually in conformity with the requirements of the 1940 Act.
(b) Either party to this Agreement may terminate this Agreement by giving ten days’ written notice to the other.
(bc) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in bankruptcy, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s registration as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iv) Dealer’s FINRA membership is suspended or revoked, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “assignment,” within the meaning of the 1940 Act.
(cd) Termination of this Agreement by operation of this Paragraph 15 16 shall not affect any unpaid obligations under Paragraphs 3, 5 6 or 6 7 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 9, 10 or 13 14 of this Agreement.
(de) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares shares for its own account or on behalf of any Customer’s accounts following Dealer’s receipt of such notice.
Appears in 1 contract
Samples: Dealer Agreement (RBC Funds Trust)
Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved by such Fund at least annually in conformity with the requirements of the 1940 Act.
(b) Either party to this Agreement may terminate this Agreement by giving ten days’ written notice to the other.
(bc) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in any bankruptcy, insolvency or receivership proceedings, or an assignment for the benefit of creditors, is brought under any federal or state law by or against Dealer, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s registration registration, if any, as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iviii) Dealer’s FINRA membership membership, if any, is suspended or revoked, (iv) Dealer is not registered as a broker-dealer under the 1934 Act or in a state or other jurisdiction in which it sells Fund Shares and there is not an applicable exemption from registration as a broker-dealer under the 1934 Act or in the state or other jurisdiction in which it sells Fund Shares, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a such Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “assignment,” within the meaning of the 1940 Act.
(cd) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(de) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares for its own account or on behalf of any Customer’s accounts following Dealer’s receipt of such notice.of
Appears in 1 contract
Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved at least annually in conformity with the requirements of the 1940 Act.
(b) Either party to this Agreement may terminate this Agreement by giving ten days’ ' written notice to the other.
(bc) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in bankruptcy, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s 's registration as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iv) Dealer’s FINRA 's NASD membership is suspended or revoked, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “"assignment,” " within the meaning of the 1940 Act.
(cd) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(de) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s 's receipt of such notice.
Appears in 1 contract
Term, Termination, Assignment and Amendment. (a) Either party to this Agreement may terminate this Agreement by giving ten days’ ' written notice to the other.
(b) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in bankruptcy, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s 's registration as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iv) Dealer’s 's FINRA membership is suspended or revoked, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a the Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “"assignment,” " within the meaning of the 1940 Act.
(c) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(d) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s 's receipt of such notice.
Appears in 1 contract
Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved at least annually in conformity with the requirements of the 1940 Act.
(b) Either party to this Agreement may terminate this Agreement by giving ten days’ written notice to the other.
(bc) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in bankruptcy, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s registration as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iv) Dealer’s FINRA NASD membership is suspended or revoked, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vi) the Distribution Agreement between Quasar and a Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “assignment,” within the meaning of the 1940 Act.
(cd) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(de) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of Shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s Dxxxxx's receipt of such notice.
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Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved at least annually in conformity with the requirements of the 1940 Act.
(b) Either party to this Agreement may terminate this Agreement Agreement, without penalty, at any time (which termination may be a vote of a majority of the Fund Company's directors who are not "interested persons" (as defined in the 1940 Act) or by giving ten days’ vote of the xxxxxxx of a majority of the outstanding Shares of a Fund) upon written notice to the otherother party hereto.
(bc) This Agreement shall terminate automatically with respect to any Fund if (i) the Dealer files a petition in bankruptcy, (ii) a trustee or receiver is appointed for the Dealer or its assets under federal bankruptcy laws, (iii) the Dealer’s 's registration as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iv) the Dealer’s FINRA 's NASD membership is suspended or revoked, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against the Dealer, or (vi) the Distribution Agreement between Quasar and a Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “"assignment,” " within the meaning of the 1940 Act.
(cd) Termination of this Agreement by operation of this Paragraph 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of this Agreement.
(de) This Agreement may not be amended by Quasar upon either party without the prior written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases consent of Shares for its own account or on behalf of any Customer’s accounts following Dealer’s receipt of such noticethe other party.
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