Common use of Termination and Survival Clause in Contracts

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund of the Investment Advisory Agreement, dated February 27, 2015, between the Master Fund and W. P. Xxxxx or (ii) the board of trustees of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the Advisors.

Appears in 3 contracts

Samples: Expense Support and Conditional Reimbursement Agreement, Expense Support and Conditional Reimbursement Agreement (Carey Credit Income Fund - I), Expense Support and Conditional Reimbursement Agreement (Carey Credit Income Fund 2015 T)

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Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors at any timeFSH, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund of the Amended and Restated Investment Advisory Agreement, dated February 27October 9, 20152013, by and between the Master Fund and W. P. Xxxxx FSGA or (ii) the board of trustees of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorsFSH.

Appears in 3 contracts

Samples: Expense Support and Conditional Reimbursement Agreement (FS Global Credit Opportunities Fund-T2), Expense Support and Conditional Reimbursement Agreement (FS Global Credit Opportunities Fund - T), Expense Support and Conditional Reimbursement Agreement (FS Global Credit Opportunities Fund - ADV)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreementthat the Company meets the minimum offering requirement as such term is defined in the Registration Statement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors Advisor at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund of the Investment Advisory Agreement, dated February 27, 2015, between the Master Fund and W. P. Xxxxx or (ii) the board Board of trustees Directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorsAdvisor.

Appears in 3 contracts

Samples: Expense Support and Conditional Reimbursement Agreement (Owl Rock Capital Corp II), Expense Support and Conditional Reimbursement Agreement (Owl Rock Capital Corp II), Expense Support and Conditional Reimbursement Agreement (Owl Rock Capital Corp II)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreementthe Company’s Initial Closing, as such term is described in the Company’s subscription document. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors at any timeAdvisor, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund of the Investment Advisory Agreement, dated February 27, 2015, between the Master Fund and W. P. Xxxxx or (ii) the board Board of trustees Directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorsAdvisor.

Appears in 2 contracts

Samples: Expense Support and Conditional Reimbursement Agreement, Expense Support and Conditional Reimbursement Agreement (AB Private Credit Investors Corp)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreementthe Company’s Initial Closing. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors at any timeInvestment Manager, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund of the Investment Advisory Management Agreement, dated February 27, 2015, between the Master Fund and W. P. Xxxxx or (ii) the board of trustees of the Company Board makes a determination to dissolve or liquidate the Company. (d) Sections 2 and 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 1 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments amounts that have not been reimbursed by the Company to the AdvisorsInvestment Manager.

Appears in 2 contracts

Samples: Expense Limitation Agreement (AB Commercial Real Estate Private Debt Fund, LLC), Expense Limitation Agreement (AB Commercial Real Estate Private Debt Fund, LLC)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Freedom Capital Investment Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund Company of the Investment Advisory and Administrative Services Agreement, dated February 27, 2015[___], between the Master Fund Company and W. P. Xxxxx Freedom Capital Investment Advisors or (ii) the board of trustees directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the Freedom Capital Investment Advisors.

Appears in 2 contracts

Samples: Expense Support and Conditional Reimbursement Agreement (Freedom Capital Corp/Md), Expense Support and Conditional Reimbursement Agreement (Freedom Capital Corp/Md)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company Companies or the Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund Company of the Investment Advisory Agreement, dated February 27, 2015, between the Master Fund Company and W. P. Xxxxx or (ii) the board of trustees of the Master Company makes a determination to dissolve or liquidate the Master Company. (d) Sections 2 and 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 1 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments Reimbursable O&O Expenses that have not been reimbursed by the Company Companies to the Advisors.

Appears in 1 contract

Samples: Organization and Offering Expense Reimbursement Agreement (Carey Credit Income Fund 2016 T)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Freedom Capital Investment Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund Company of the Investment Advisory Agreement, dated February 27, 2015, between the Master Fund and W. P. Xxxxx Agreement or (ii) the board of trustees directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the Freedom Capital Investment Advisors.

Appears in 1 contract

Samples: Expense Support and Conditional Reimbursement Agreement (Freedom Capital Corp/Md)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Freedom Capital Investment Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund Company of the Investment Advisory and Administrative Services Agreement, dated February 27March 5, 2015, between the Master Fund Company and W. P. Xxxxx Freedom Capital Investment Advisors or (ii) the board of trustees directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the Freedom Capital Investment Advisors.

Appears in 1 contract

Samples: Expense Support and Conditional Reimbursement Agreement (Freedom Capital Corp/Md)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors FSH at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund Company of the Investment Advisory and Administrative Services Agreement, dated February 27, 2015[·], between the Master Fund Company and W. P. Xxxxx FSEP II Advisor or (ii) the board of trustees of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorsFSH.

Appears in 1 contract

Samples: Expense Support and Conditional Reimbursement Agreement (FS Energy & Power Fund II)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund Company of the Investment Advisory Agreement, dated February 27, 2015, between the Master Fund Company and W. P. Xxxxx or (ii) the board of trustees of the Master Company makes a determination to dissolve or liquidate the Master Company. (d) Sections 2 and 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 1 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments Reimbursable O&O Expenses that have not been reimbursed by the Company to the Advisors.

Appears in 1 contract

Samples: Expense Reimbursement Agreement (Carey Credit Income Fund 2017 T)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors FSH at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund Company of the Investment Advisory and Administrative Services Agreement, dated February 278, 20152012, between the Master Fund Company and W. P. Xxxxx FSIC II Advisor or (ii) the board of trustees directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorsFSH.

Appears in 1 contract

Samples: Expense Support and Conditional Reimbursement Agreement (FS Investment Corp II)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors FSH at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund Company of the Investment Advisory Agreement, dated February 27July 15, 20152013, between the Master Fund Company and W. P. Xxxxx FS Global Advisor, LLC or (ii) the board of trustees of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorsFSH.

Appears in 1 contract

Samples: Expense Support and Conditional Reimbursement Agreement (FS Global Credit Opportunities Fund)

Termination and Survival. (a) This Agreement shall become continue to be effective as of until terminated in accordance with the date terms of this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors at any timeInvestment Manager, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund of the Investment Advisory Management Agreement, dated February 27, 2015, between the Master Fund and W. P. Xxxxx or (ii) the board of trustees of the Company Board makes a determination to dissolve or liquidate the Company. (d) Sections 2 and 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 1 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments amounts that have not been reimbursed by the Company to the AdvisorsInvestment Manager.

Appears in 1 contract

Samples: Expense Limitation Agreement (AB Commercial Real Estate Private Debt Fund, LLC)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreementfirst written above. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund of the Investment Advisory Agreement, dated February 27, 2015, between the Master Fund and W. P. Xxxxx or (ii) the board of trustees of the Company Master Fund makes a determination to dissolve or liquidate the CompanyMaster Fund. (d) Sections 2 and 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 1 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments Reimbursable O&O Expenses that have not been reimbursed by the Company to the Advisors.

Appears in 1 contract

Samples: Organization and Offering Expense Reimbursement Agreement (Carey Credit Income Fund 2018 T)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors FSH at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund Company of the Investment Advisory and Administrative Services Agreement, dated February 2712, 20152008, as amended August 5, 2008, between the Master Fund Company and W. P. Xxxxx FB Advisor or (ii) the board of trustees directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorsFSH.

Appears in 1 contract

Samples: Expense Support and Conditional Reimbursement Agreement (FS Investment CORP)

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Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) a. This Agreement may be terminated at any timeterminated, without the payment of any penalty, by the Company or the Advisors Adviser at any time, with or without notice. (c) b. This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund Company or the Adviser of the that certain Investment Advisory Agreement, dated February 27as of November 4, 20152021, by and between the Master Fund Company and W. P. Xxxxx the Adviser; or (ii) the board of trustees directors of the Company makes a determination to dissolve or liquidate the Company. (d) c. Sections 3 3, 4 and 4 5 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorsAdviser.

Appears in 1 contract

Samples: Expense Support and Conditional Reimbursement Agreement (North Haven Private Income Fund LLC)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) a. This Agreement may be terminated at any timeterminated, without the payment of any penalty, by the Company or the Advisors Adviser at any time, with or without notice. (c) b. This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund Company or the Adviser of the that certain Investment Advisory Agreement, dated February 27as of [ ], 20152023, by and between the Master Fund Company and W. P. Xxxxx the Adviser; or (ii) the board of trustees directors of the Company makes a determination to dissolve or liquidate the Company.] (d) c. Sections 3 3, 4 and 4 5 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorsAdviser.

Appears in 1 contract

Samples: Expense Support and Conditional Reimbursement Agreement (North Haven Private Income Fund a LLC)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) a. This Agreement may be terminated at any timeterminated, without the payment of any penalty, by the Company or the Advisors Adviser at any time, with or without notice. (c) b. This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund Company or the Adviser of the that certain Investment Advisory Agreement, dated February 27as of December 1, 20152023, by and between the Master Fund Company and W. P. Xxxxx the Adviser; or (ii) the board of trustees directors of the Company makes a determination to dissolve or liquidate the Company. (d) c. Sections 3 3, 4 and 4 5 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorsAdviser.

Appears in 1 contract

Samples: Expense Support and Conditional Reimbursement Agreement (LGAM Private Credit LLC)

Termination and Survival. (a) This Agreement shall become effective as of the date of this AgreementEffective Date. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors Advisor at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) of the termination by the Master Fund Company of the Investment Advisory Agreement, dated February 27, 2015, Agreement between the Master Fund Company and W. P. Xxxxx Guggenheim; or (ii) the board of trustees of the Master Company makes a determination to dissolve or liquidate the Master Company. (d) Sections 2 and 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 1 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments Reimbursable O&O Expenses that have not been reimbursed by the Company to the AdvisorsAdvisor.

Appears in 1 contract

Samples: Organization and Offering Expense Reimbursement Agreement (Guggenheim Credit Income Fund 2021)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors FSH at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund Company of the Investment Advisory and Administrative Services Agreement, dated February 27, 2015[•], between the Master Fund Company and W. P. Xxxxx FSIC III Advisor or (ii) the board of trustees directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorsFSH.

Appears in 1 contract

Samples: Expense Support and Conditional Reimbursement Agreement (FS Investment Corp III)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors FSH at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund Company of the Investment Advisory and Administrative Services Agreement, dated February 27December 20, 20152013, between the Master Fund Company and W. P. Xxxxx FSIC III Advisor or (ii) the board of trustees directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorsFSH.

Appears in 1 contract

Samples: Expense Support and Conditional Reimbursement Agreement (FS Investment Corp III)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreementset forth above. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors Advisor at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund of the Investment Advisory Agreement, dated February 27, 2015, between the Master Fund and W. P. Xxxxx or (ii) the board Board of trustees Trustees of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorsAdvisor.

Appears in 1 contract

Samples: Expense Support and Conditional Reimbursement Agreement (Stellus Private Credit BDC)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors FSH at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund Company of the Investment Advisory and Administrative Services Agreement, dated February 27April 28, 20152011, between the Master Fund Company and W. P. Xxxxx FS Investment Advisor, LLC or (ii) the board of trustees of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorsFSH.

Appears in 1 contract

Samples: Expense Support and Conditional Reimbursement Agreement (FS Energy & Power Fund)

Termination and Survival. (a) This Agreement shall become effective as of the date of this Agreementfirst written above. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund of the Investment Advisory Agreement, dated February 27, 2015, between the Master Fund and W. P. Xxxxx or (ii) the board of trustees of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Reimbursement Payments that have not been reimbursed by the Company to the Advisors.

Appears in 1 contract

Samples: Expense Support and Conditional Reimbursement Agreement (Carey Credit Income Fund 2017 T)

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