Common use of Termination and Amendment of this Agreement Clause in Contracts

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter and (ii) either by action of the Board of Trustees of the Trust, including a majority of the Trustees of the Trust who are not “interested persons” of the Trust or of Underwriter as that term is defined in the Investment Company Act of 1940 (“Independent Trustees”) or by the affirmative vote of a majority of the outstanding Shares of the Trust. Either the Trust or Underwriter may at any time terminate this Agreement on one hundred and twenty (120) days written notice delivered or mailed, postage prepaid, to the other party.

Appears in 2 contracts

Samples: Underwriting Agreement (Diamond Hill Funds), Underwriting Agreement (Diamond Hill Funds)

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Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter and (ii) either by action of the Board of Trustees of the Trust, including a majority of the Trustees of the Trust who are not “interested persons” of the Trust or of Underwriter as that term is defined in the Investment Company 1940 Act of 1940 (“Independent Trustees”) or by the affirmative vote of a majority of the outstanding Shares of the Trust. Either the Trust Trust, the Adviser or Underwriter may at any time terminate this Agreement on one hundred and twenty sixty (12060) days written notice delivered or mailed, postage prepaid, to the other party.

Appears in 2 contracts

Samples: Underwriting Agreement (Performance Funds Trust), Underwriting Agreement (Performance Funds Trust)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter and Underwriter, (ii) either by action of the Board of Trustees or at a meeting of the Trust, including a majority Shareholders of the Trustees of the Trust who are not “interested persons” of the Trust or of Underwriter as that term is defined in the Investment Company Act of 1940 (“Independent Trustees”) or Fund by the affirmative vote of a majority of the outstanding Shares Shares, and (iii) by a majority of the TrustDirectors of the Fund who are not interested persons of the Fund or of Underwriter, by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust Fund or Underwriter may terminate this Agreement at any time terminate this Agreement on one hundred and twenty sixty (12060) days days' written notice delivered or mailedmailed by registered mail, postage prepaid, to the other party.

Appears in 1 contract

Samples: Underwriting Agreement (Fairholme Funds Inc)

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Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter and (ii) either by action of the Board of Trustees of the Trust, including a majority of the Trustees of the Trust who are not “interested persons” of the Trust or of Underwriter as that term is defined in the Investment Company Act of 1940 (“Independent Trustees”) or by the affirmative vote of a majority of the outstanding Shares of the Trust. Either the Trust or Underwriter may at any time terminate this Agreement on one hundred and twenty sixty (12060) days written notice delivered or mailed, postage prepaid, to the other party.

Appears in 1 contract

Samples: Underwriting Agreement (Advisers Investment Trust)

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