Common use of Termination of Prior Agreements Clause in Contracts

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the “Prior Section 12 Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 Agreements.

Appears in 185 contracts

Samples: Funds Investment Agreement (Blackrock Funds), Funds Investment Agreement (BlackRock Funds III), Fund of Funds Investment Agreement (iShares, Inc.)

AutoNDA by SimpleDocs

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the "Prior Section 12 Agreements"). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 Agreements.

Appears in 28 contracts

Samples: Funds Investment Agreement (Proshares Trust), Investment Agreement (Exchange Listed Funds Trust), Agreement (BNY Mellon ETF Trust)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(112(d)(l) of the 1940 Act (the “Prior Section 12 Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 Agreements.

Appears in 20 contracts

Samples: Fund of Funds Investment Agreement (Federated Hermes MDT Series), Fund of Funds Investment Agreement (iShares, Inc.), Fund of Funds Investment Agreement (iSHARES TRUST)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with permit investments beyond the statutory limits of Section 12(d)(1) of the 1940 Act (the "Prior Section 12 Agreements"). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 AgreementsAgreements as of the Effective Date.

Appears in 12 contracts

Samples: Funds Investment Agreement (BNY Mellon ETF Trust II), Funds Investment Agreement (BNY Mellon ETF Trust II), Funds Investment Agreement (BNY Mellon ETF Trust)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an or among one or more Acquiring Fund Companies and an Acquired Fund Companies that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the “Prior Section 12 Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise any other conditions, terms or other actions required to effectively terminate such Prior Section 12 AgreementsAgreements as of the Effective Date.

Appears in 4 contracts

Samples: Funds Investment Agreement (TCW ETF Trust), Fund of Funds Investment Agreement (Columbia ETF Trust II), Fund of Funds Investment Agreement (Nexpoint Funds I)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an the Acquiring Fund Company and an Acquired Fund the Trust that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with permit investments beyond the statutory limits of Section 12(d)(112(d)(1)(A) and (B) of the 1940 Act (the “Prior Section 12 12(d)(1) Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 Agreements.12(d)(1)

Appears in 3 contracts

Samples: Funds Investment Agreement (First Trust Exchange-Traded Fund Viii), Funds Investment Agreement (First Trust Series Fund), Funds Investment Agreement (Ft 9857)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the “Prior Section 12 Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 Agreements.12

Appears in 3 contracts

Samples: Fund of Funds Investment Agreement (Managed Portfolio Series), Funds Investment Agreement (GPS Funds II), Funds Investment Agreement (GPS Funds I)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an the Acquiring Fund Company and an Acquired Fund the Trust that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with permit investments beyond the statutory limits of Section 12(d)(112(d)(1)(A) and (B) of the 1940 Act (the “Prior Section 12 12(d)(1) Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 12(d)(1) Agreements.

Appears in 2 contracts

Samples: Wisdomtree Trust (Brighthouse Funds Trust I), Wisdomtree Trust (Transamerica Funds)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date date first written above of any and all prior agreements between an Acquiring Fund Investing Funds and an Acquired Fund Vanguard Funds that relates to the investment by any Acquiring Fund Investing Funds in any Acquired Fund Vanguard Funds in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the “Prior Section 12 Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 Agreements.

Appears in 2 contracts

Samples: Funds Investment Agreement (JNL Series Trust), Fund of Funds Investment Agreement (Jackson National Separate Account - I)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the “Prior Section 12 Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior prior Section 12 Agreements.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (iSHARES TRUST)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Trust or Acquiring Fund and the Trust or an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the "Prior Section 12 Agreements"). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 Agreements.

Appears in 1 contract

Samples: Funds Investment Agreement (Proshares Trust)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an or among one or more Acquiring Fund Companies and an Acquired Fund Companies that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the "Prior Section 12 Agreements"). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise any other conditions, terms or other actions required to effectively terminate such Prior Section 12 AgreementsAgreements as of the Effective Date.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Pacer Funds Trust)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 the1940 Act (the “Prior Section 12 Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 Agreements.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (RiverNorth Funds)

AutoNDA by SimpleDocs

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the “Prior Section 12 Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 Agreements.. 5

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (Deutsche DWS Variable Series Ii)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the “Prior Section 12 Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 Agreements.. Exhibit (h)(5)

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (New York Life Investments Active ETF Trust)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date execution date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the “Prior Section 12 Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 Agreements.

Appears in 1 contract

Samples: Funds Investment Agreement (TCW Funds Inc)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the “Prior Section 12 Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 Agreements.. Exhibit (h)(7)

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (New York Life Investments ETF Trust)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the " Prior Section 12 Agreements"). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 Agreements.

Appears in 1 contract

Samples: Funds Investment Agreement (Deutsche DWS Variable Series Ii)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with Section 12(d)(1) of the 1940 Act (the “Prior Section 12 Agreements”). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 l2 Agreements.

Appears in 1 contract

Samples: Fund of Funds Investment Agreement (BlackRock Utilities, Infrastructure & Power Opportunities Trust)

Termination of Prior Agreements. The execution of this Agreement shall be deemed to constitute the termination as of the Effective Date of any and all prior agreements between an Acquiring Fund and an Acquired Fund that relates to the investment by any Acquiring Fund in any Acquired Fund in reliance on a participation agreement, exemptive order or other arrangement among the parties intended to achieve compliance with permit investments beyond the statutory limits of Section 12(d)(112(d)(l) of the 1940 Act (the "Prior Section 12 Agreements"). The parties hereby waive any notice provisions, conditions to termination, or matters otherwise required to terminate such Prior Section 12 AgreementsAgreements as of the Effective Date.

Appears in 1 contract

Samples: Funds Investment Agreement (BNY Mellon ETF Trust)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!