Term, Termination, Assignment and Amendment. (a) This Agreement shall become effective as of the date first indicated above when it is signed and when fully executed copies are in the possession of each of the parties. (b) Each party to this Agreement may terminate this Agreement for any reason by giving ninety (90) days’ written notice to the other parties. The parties hereto may terminate this Agreement in its entirety or with respect to any particular Fund, upon their mutual written agreement, as of a mutually agreeable termination date. (c) This Agreement shall terminate automatically with respect to any Fund if (i) either party hereto files a petition for bankruptcy, (ii) a trustee or receiver is appointed for either party hereto or its assets under federal bankruptcy laws, (iii) either party’s registration with the SEC or national bank charter, as applicable, is suspended or revoked, , (iv) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Custodian. Either party may assign its interest in this Agreement to a third party provided that the non-assigning party has given prior written consent to the assignment in writing, which consent shall not be unreasonably withheld. Any attempted assignment in contravention hereof shall be null and void. (d) This Agreement may only be amended or modified by mutual agreement of the parties in writing, however, the parties may, consistent with Schedule A hereto, add Funds either through new offerings or acquisition without requiring sign-off by both parties. Subject only and exclusively to the foregoing, any and all amendments or modifications to this Agreement shall be effective only upon the execution of an amendment in writing by both parties. (e) This Agreement and each of its applicable addenda constitute the entire agreement and understanding between the parties relating to the subject matter hereunder and shall supersede and replace any and all prior oral agreements or understandings between the parties relating to such subject matter.
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Term, Termination, Assignment and Amendment. (a) This Agreement shall become effective as of the date first indicated above when it is signed and when fully executed copies are in the possession of each of the parties.
(b) Each party to this Agreement may terminate this Agreement for any reason by giving ninety thirty (9030) days’ written notice to the other parties. The parties or the parties hereto may terminate this Agreement in its entirety or with respect to any particular Fund, upon their mutual written agreement, as of a mutually agreeable termination date.
(c) This Agreement shall terminate automatically with respect to any Fund Dealer or Series Trust if (i) either party hereto files a petition for bankruptcy, (ii) a trustee or receiver is appointed for either party hereto or its assets under federal bankruptcy laws, (iii) either partyDealer’s registration as a broker-dealer with the SEC or national bank charter, as applicable, is suspended or revoked, , (iv) a party’s membership is suspended or revoked, or (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 SIPC is filed against Custodianthe Dealer. Either A party may assign its interest in this Agreement to a third party provided that the non-assigning party has given prior written consent to the assignment in writing, which consent shall not be unreasonably withheld, and a party may assign this Agreement to any affiliate controlled by, or under common control with the assigning party without any consent from any other party. Any attempted assignment in contravention hereof shall be null and void.
(d) This Agreement may only be amended or modified by mutual written agreement of the parties in writing, however, the parties may, consistent with Schedule A hereto, add Funds either through new offerings or acquisition without requiring sign-off by both parties. Subject only and exclusively to the foregoing, any and all amendments or modifications to this Agreement shall be effective only upon the execution of an amendment in writing by both parties.
(e) This Agreement and each of its applicable addenda schedules and attachments constitute the entire agreement and understanding between the parties relating to the subject matter hereunder and shall supersede and replace any and all prior oral or written agreements or understandings between the parties relating to such subject matter.
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Term, Termination, Assignment and Amendment. (a) This Agreement shall become effective as of the date first indicated above when it is signed and when fully executed copies are in the possession of each of the parties.
(b) Each party to this Agreement may terminate this Agreement for any reason by giving ninety thirty (9030) days’ ' written notice to the other parties. The parties hereto may terminate this Agreement in its entirety or with respect to any particular Fund, upon their mutual written agreement, as of a mutually agreeable termination date.
(c) This Agreement shall terminate automatically with respect to any Fund if (i) either party hereto files a petition for bankruptcy, (ii) a trustee or receiver is appointed for either party hereto or its assets under federal bankruptcy laws, (iii) either party’s 's registration as a broker-dealer with the SEC or national bank charter, as applicable, is suspended or revoked, (iv) either party's FINRA membership is suspended or revoked, (ivv) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Custodianeither party, or (vi) the Distribution Agreement between the Distributor and a particular Fund is terminated. Either party may assign its interest in this Agreement to a third party provided that the non-assigning party has given prior written consent to the assignment in writing, which consent shall not be unreasonably withheld. Any attempted assignment in contravention hereof shall be null and void.
(d) This Agreement may only be amended or modified by mutual agreement of the parties in writing, however, the parties may, consistent with Schedule A hereto, add Funds either through new offerings or acquisition without requiring sign-off by both parties. Subject only and exclusively to the foregoing, any and all amendments or modifications to this Agreement shall be effective only upon the execution of an amendment in writing by both parties.
(e) This Agreement and each of its applicable addenda constitute the entire agreement and understanding between the parties relating to the subject matter hereunder and shall supersede and replace any and all prior oral agreements or understandings between the parties relating to such subject matter.
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Term, Termination, Assignment and Amendment. (a) This Agreement shall become effective as of the date first indicated above when it is signed and when fully executed copies are in the possession of each of the parties.
(b) Each party to this Agreement may terminate this Agreement for any reason by giving ninety (90) days’ written notice to the other parties. The parties hereto may terminate this Agreement in its entirety or with respect to any particular Fund, upon their mutual written agreement, as of a mutually agreeable termination date.
(c) This Agreement shall terminate automatically with respect to any Fund if (i) either party hereto files a petition for bankruptcy, (ii) a trustee or receiver is appointed for either party hereto or its assets under federal bankruptcy laws, (iii) either party’s registration as a broker-dealer with the SEC or national bank charter, as applicable, is suspended or revoked, (iv) either party’s FINRA membership is suspended or revoked, (ivv) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Custodianeither party, or (vi) the Distribution Agreement between the Distributor and a particular Fund is terminated. Either party may assign its interest in this Agreement to a third party provided that the non-assigning party has given prior written consent to the assignment in writing, which consent shall not be unreasonably withheld. Any attempted assignment in contravention hereof shall be null and void.
(d) This Agreement may only be amended or modified by mutual agreement of the parties in writing, however, the parties may, consistent with Schedule A hereto, add Funds either through new offerings or acquisition without requiring sign-off by both parties. Subject only and exclusively to the foregoing, any and all amendments or modifications to this Agreement shall be effective only upon the execution of an amendment in writing by both parties.
(e) This Agreement and each of its applicable addenda constitute the entire agreement and understanding between the parties relating to the subject matter hereunder and shall supersede supercede and replace any and all prior oral agreements or understandings between the parties relating to such subject matter.
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Term, Termination, Assignment and Amendment. (a) This Agreement shall become effective as of the date first indicated above when it is signed and when fully executed copies are in the possession of each of the parties.
(b) Each party to this Agreement may terminate this Agreement for any reason by giving ninety thirty (9030) days’ written notice to the other parties. The parties hereto may terminate this Agreement in its entirety or with respect to any particular Fund, upon their mutual written agreement, as of a mutually agreeable termination date.
(c) This Agreement shall terminate automatically with respect to any Fund if (i) either a party hereto files a petition for bankruptcy, (ii) a trustee or receiver is appointed for either a party hereto or its assets under federal bankruptcy laws, (iii) either partyDistributor’s or Clearing Broker’s registration as a broker-dealer with the SEC or national bank charter, as applicable, is suspended or revoked, (iv) Distributor’s or Clearing Broker’s NASD membership is suspended or revoked, (ivv) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Custodianeither party, or (vi) the Distribution Agreement between the Distributor and a particular Fund is terminated. Either Except as provided in paragraph (e) below, either party may assign its interest in this Agreement to a third party provided that the non-assigning party has given prior written consent to the assignment in writing, which consent shall not be unreasonably withheld. Any attempted assignment in contravention hereof shall be null and void.
(d) This Agreement may only be amended or modified by mutual agreement of the parties in writing, however, the parties may, consistent with Schedule A hereto, add Funds either through new offerings or acquisition without requiring sign-off by both parties. Subject only and exclusively to the foregoing, any and all amendments or modifications to this Agreement shall be effective only upon the execution of an amendment in writing by both parties.
(e) This Agreement and each of its applicable addenda constitute the entire agreement and understanding between the parties relating to the subject matter hereunder and shall supersede supercede and replace any and all prior oral agreements or understandings between the parties relating to such subject matter.
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Samples: Operating Agreement (Seligman Core Fixed Income Fund, Inc)
Term, Termination, Assignment and Amendment. (a) This Agreement shall become effective as of the date first indicated above when it is signed and when fully executed copies are in the possession of each of the parties.
(b) Each party to this Agreement may terminate this Agreement for any reason by giving ninety thirty (9030) days’ written notice to the other parties. The parties hereto may terminate this Agreement in its entirety or with respect to any particular Fund, upon their mutual written agreement, as of a mutually agreeable termination date.
(c) This Agreement shall terminate automatically with respect to any Fund if (i) either party hereto files a petition for bankruptcy, (ii) a trustee or receiver is appointed for either party hereto or its assets under federal bankruptcy laws, (iii) either party’s registration as a broker-dealer with the SEC or national bank charter, as applicable, is suspended or revoked, (iv) either party’s NASD membership is suspended or revoked, (ivv) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Custodianeither party, or (vi) the Distribution Agreement between the Distributor and a particular Fund is terminated. Either party may assign its interest in this Agreement to a third party provided that the non-assigning party has given prior written consent to the assignment in writing, which consent shall not be unreasonably withheld. Any attempted assignment in contravention hereof shall be null and void.
(d) This Agreement may only be amended or modified by mutual agreement of the parties in writing, however, the parties may, consistent with Schedule A hereto, add Funds either through new offerings or acquisition without requiring sign-off by both parties. Subject only and exclusively to the foregoing, any and all amendments or modifications to this Agreement shall be effective only upon the execution of an amendment in writing by both parties.
(e) This Agreement and each of its applicable addenda constitute the entire agreement and understanding between the parties relating to the subject matter hereunder and shall supersede supercede and replace any and all prior oral agreements or understandings between the parties relating to such subject matter.
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Term, Termination, Assignment and Amendment. (a) This Agreement shall become effective as of commence on the date first indicated set forth above when it and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is signed and when fully executed copies are specifically approved by such Fund at least annually in conformity with the possession of each requirements of the parties1940 Act.
(b) Each Either party to this Agreement may terminate this Agreement for any reason by giving ninety (90) ten days’ ' written notice to the other parties. The parties hereto may terminate this Agreement in its entirety or with respect to any particular Fund, upon their mutual written agreement, as of a mutually agreeable termination dateother.
(c) This Agreement shall terminate automatically with respect to any Fund if (i) either party hereto files a petition any bankruptcy, insolvency or receivership proceedings, or an assignment for bankruptcythe benefit of creditors, is brought under any federal or state law by or against Dealer, (ii) Dealer's registration, if any, as a trustee broker-dealer with the Securities and Exchange Commission is suspended or receiver is appointed for either party hereto or its assets under federal bankruptcy lawsrevoked, (iii) either party’s registration with the SEC or national bank charterDealer's FINRA membership, as applicableif 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, (ivv) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against CustodianDealer, or (vi) the Distribution Agreement between Quasar and such Fund is terminated (including as a result of an assignment). Either party may assign This Agreement also shall terminate automatically in the event of its interest in this Agreement to a third party provided that "assignment," within the non-assigning party has given prior written consent to meaning of the assignment in writing, which consent shall not be unreasonably withheld. Any attempted assignment in contravention hereof shall be null and void1940 Act.
(d) This Agreement may only be amended or modified by mutual agreement Termination of the parties in writing, however, the parties may, consistent with Schedule A hereto, add Funds either through new offerings or acquisition without requiring sign-off by both parties. Subject only and exclusively to the foregoing, any and all amendments or modifications to this Agreement by operation of this Paragraph 15 shall be effective only upon not affect any unpaid obligations under Paragraphs 3, 5 or 6 of this Agreement or the execution liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9 or 13 of an amendment in writing by both partiesthis Agreement.
(e) This Agreement may be amended by Quasar upon written notice to Dealer, and each of its applicable addenda constitute the entire agreement and understanding between the parties relating Dealer shall be deemed to the subject matter hereunder and shall supersede and replace any and all prior oral agreements or understandings between the parties relating have consented to such subject matter.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. First American 10/28/2009
Appears in 1 contract
Samples: Dealer Agreement (First American Investment Funds Inc)