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

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 is suspended or revoked, (iv) either party’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 either 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 supercede and replace any and all prior oral agreements or understandings between the parties relating to such subject matter.

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, (v) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against either party, or (vi) the Distribution Agreement between the Distributor and a particular Fund is terminatedCustodian. 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 supercede supersede and replace any and all prior oral agreements or understandings between the parties relating to such subject matter.

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 is suspended or revoked, (iv) either partyDistributor’s FINRA or Clearing Broker’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 either 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 supercede and replace any and all prior oral agreements or understandings between the parties relating to such subject matter.

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 is suspended or revoked, (iv) either party’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 either 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 supercede and replace any and all prior oral agreements or understandings between the parties relating to such subject matter.

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 is suspended or revoked, (iv) either party’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 either 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 supercede supersede and replace any and all prior oral agreements or understandings between the parties relating to such subject matter.

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 is suspended or revoked, (iv) either a party’s FINRA 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 either party, or (vi) the Distribution Agreement between the Distributor and a particular Fund is terminatedDealer. 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 supercede supersede and replace any and all prior oral or written agreements or understandings between the parties relating to such subject matter.