Termination by the Trust. This Servicing Agreement may be terminated by the Trust either generally or with respect to Shares of any Fund without the payment of any penalty, at any time upon not more than 60 days’ notice to the Service Provider, by a vote of a majority of Independent Trustees, or by “a vote of a majority of the outstanding voting securities” (as defined in the 0000 Xxx) of the Trust or of the Shares of the Fund concerned.
Termination by the Trust. Notwithstanding Section 10.3, the Trust, in addition to any other rights and remedies, shall have the right to terminate this Agreement, without the payment of any liquidated damages or other penalty, upon the occurrence of (i) the bankruptcy of the Transfer Agent or the appointment of a receiver therefore if such proceedings are not dismissed within 21 days of being brought, (ii) the material failure by the Transfer Agent to perform its duties and obligations under this Agreement, or (iii) a material breach of this Agreement by the Transfer Agent. With respect to (i), the termination shall be effective at any time specified in a written notice from the Trust to the Transfer Agent. With respect to (ii) and (iii), the Trust shall provide the Transfer Agent with written notice identifying such failure or breach and stating its intention to terminate the Agreement in sixty (60) days from the date of such notice if such failure or breach has not been cured by the Transfer Agent within thirty (30) days after receipt of such written notice from the Trust, except that any failure by the Transfer Agent to maintain its registration as a transfer agent must be cured immediately.
Termination by the Trust. Beginning six months following the initial Effective Date, this Agreement may be terminated at the sole option of the Trust, upon at least sixty (60) days’ written notice to the Dealer Manager. The Trust also has the option to terminate this Agreement immediately, subject to the thirty (30)-day cure period for a “for Cause” termination due to a material breach of this Agreement, upon written notice of termination from the Board of Directors of the Trust to the Dealer Manager if any of the following events occur:
(i) For Cause (as defined below);
(ii) A court of competent jurisdiction enters a decree or order for relief in respect of the Dealer Manager in any involuntary case under the applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or appoints a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Dealer Manager or for any substantial part of its property or orders the winding up or liquidation of the Dealer Manager’s affairs;
(iii) The Dealer Manager commences a voluntary case under any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or consents to the entry of an order for relief in an involuntary case under any such law, or consents to the appointment of or taking possession by a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Dealer Manager or for any substantial part of its property, or makes any general assignment for the benefit of creditors, or fails generally to pay its debts as they become due;
Termination by the Trust. The Trust may terminate this contract:
8.15.1 on one full Term's notice in writing sent by ordinary post. The Trust will not terminate this contract without good cause and full consultation between the School and the Parents and also the Pupil (if of sufficient maturity and understanding). The Acceptance Deposit and the Additional Deposit, if paid, will be refunded without interest less any outstanding balance of Fees; or
8.15.2 on reasonable notice if in the professional opinion of the Head the School is unable to provide all or a significant proportion of the educational services to the Pupil; or
8.15.3 immediately where the Pupil does not have the appropriate immigration permission to live in the United Kingdom and to study at the School.
Termination by the Trust. The Trust Board (which must include a majority of the Trust Board’s Trustees who are not “interested persons” of the Trust, as such term is defined in the 0000 Xxx) may terminate the Compliance Officer’s designation and appointment as the Trust’s Chief Compliance Officer or Anti-Money Laundering Officer at any time and for any reason in accordance with the Rule. The Parties understand and agree that only the Trust Board (and not the Service Provider) may terminate the Compliance Officer’s designation and appointment as Chief Compliance Officer and Anti-Money Laundering Officer under this Section. In addition, the Board may terminate all of the Trust’s obligations under this Agreement at any time.
Termination by the Trust. This Agreement may be terminated by the Trust, with respect to one or more Funds:
(i) by giving not less than 90 Business Days’ written notice to us; or
(ii) immediately by written notice in the event the Trust has determined in its commercially reasonable opinion the existence of the presentation of a winding-up order, bankruptcy or analogous event in relation to us. Any such notice given by the Trust, on behalf of a Fund must specify:
(a) the date on which the termination will take effect;
(b) the person to whom each Account Balance which is a credit balance is to be transferred; and
(c) all other necessary arrangements for the transfer or repayment, as the case may be, of each Account Balance.
Termination by the Trust. This Agreement may be terminated by the Trust, with respect to one or more Funds:
(i) by giving not less than 90 Business Days’ written notice to us; or
(ii) immediately by written notice in the event the Trust has determined in its commercially reasonable opinion the existence of the presentation of a winding-up order, bankruptcy or analogous event in relation to us. Any such notice given by the Trust, on behalf of a Fund must specify:
(a) the date on which the termination will take effect;
(b) the person to whom the Bullion is to be delivered; and
(c) all other necessary arrangements for the delivery of the Bullion to the Fund or to the Fund’s order.
Termination by the Trust. 13.2.1 The Trust may terminate this Agreement effective upon written notice of termination to the Manager without payment of any penalty or termination fee upon or following the happening or occurring of any of the following events (each a “Manager Event of Default”):
13.2.1.1 the Manager defaults in the performance or observance of any term, condition or agreement contained in this Agreement in a manner that results in material harm to the BOPC Group and such default continues for a period of 30 days after written notice thereof specifying such default and requesting that the same be remedied in such 30 day period; provided, however, that if the fact, circumstance or condition that is the subject of such obligation cannot reasonably be corrected within such 30 day period and if, within such period, the Manager provides reasonable evidence to the Trust that it has commenced, and thereafter proceeds with all due diligence, to correct the fact, circumstance or condition that is the subject of such obligation, said period will be extended for a reasonable period satisfactory to the Trust, acting reasonably, for the Manager to remedy the same;
13.2.1.2 the Manager engages in any act of fraud, misappropriation of funds or embezzlement against any BOPC Group Member;
13.2.1.3 there is an event of any gross negligence on the part of the Manager (which event does not constitute a default contemplated by Section 13.2.1.1) in the performance of its duties or obligations under this Agreement that results in material harm to the BOPC Group; or
13.2.1.4 the Manager makes a general assignment for the benefit of its creditors, institutes proceedings to be adjudicated voluntarily bankrupt, consents to the filing of a petition of bankruptcy against it, is adjudicated by a court of competent jurisdiction as being bankrupt or insolvent, seeks reorganization under any bankruptcy law or consents to the filing of a petition seeking such reorganization or has a decree entered against it by a court of competent jurisdiction appointing a receiver, liquidator, trustee or assignee in bankruptcy or in insolvency.
13.2.2 In the event of a sale of 100% of the interests of the BOPC Group in any Property or Properties to a third party who is not an Affiliate of any BOPC Group Member, the Trust or the Manager may terminate this Agreement with respect to such Property or Properties effective as of the date of closing of such sale upon written notice of termination to the Manager without pay...
Termination by the Trust. Subject to Section 3.2, below, the Trust Board (which must include a majority of the Trust Board’s Trustees who are not “interested persons” of the Trust, as such term is defined in the 1000 Xxx) may terminate the Compliance Officer’s designation and appointment as the Trust’s Chief Compliance Officer, and, if applicable, Vice President, and all of the Parties’ obligations under this Agreement at any time and for any reason in accordance with the Rule upon the provision of written notice to the Service Provider and the Compliance Officer. The Parties understand and agree that only the Trust Board (and not the Service Provider) may terminate the Compliance Officer’s designation and appointment as Chief Compliance Officer, and, if applicable, Vice President, under this Section 3.1 (a). For purposes of this Section 3.1 (a), the “Termination Date”' will be the date upon which the Service Provider actually receives such written notice from the Trust.
Termination by the Trust. The Trust, in addition to any other rights and remedies, shall have the right to terminate this Agreement upon the occurrence of (i) the bankruptcy of the Transfer Agent or the appointment of a receiver therefore if such proceedings are not dismissed within 21 days of being brought, or (ii) the material failure by the Transfer Agent to perform its duties and obligations under this Agreement or a material breach of this Agreement by the Transfer Agent. With respect to (i), the termination shall be effective at any time specified in a written notice from the Trust to the Transfer Agent. With respect to (ii), the Trust shall provide the Transfer Agent with written notice identifying such failure or breach and stating its intention to terminate the Agreement in sixty (60) days from the date of such notice if such failure or breach has not been cured by the Transfer Agent within thirty (30) days after receipt of such written notice from the Trust.
