Common use of Termination or Assignment Clause in Contracts

Termination or Assignment. This agreement may be terminated by the Fund, or by the Custodian, on sixty (60) days notice, given in writing and sent by registered mail to the Custodian, or to the Fund, as the case may be, at the address hereinafter set forth. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a Custodian of its funds, securities and other property, the Custodian shall not deliver funds, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than ten million dollars ($10,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement; provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensations, costs and expenses, subject to the provisions of Section 11 of this Agreement.

Appears in 1 contract

Samples: Custody Agreement (Spectra Fund Inc)

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Termination or Assignment. This agreement Agreement may be terminated by the Fund, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to the CustodianCustodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the FundFund at 000 Xxxx Xxxxxxx, Xxxxxxx, Xxxxxxxx 00000, as the case may be, at the address hereinafter set forth. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a Custodian custodian of its fundscash, securities and other property, the Custodian shall not deliver fundscash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of or its own selection selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than ten million dollars Two Million Dollars ($10,000,0002,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement; , provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensationscompensation, costs and expenses, subject to the provisions of Section 11 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Appears in 1 contract

Samples: Custodian Agreement (Yacktman Fund Inc)

Termination or Assignment. This agreement Agreement may be terminated by the Fund, or by the Custodian, on sixty ninety (6090) days notice, given in writing and sent by registered mail to the CustodianCustodian at X.X. Xxx 0000, Xxxxxxxxx, Xxxxxxxxx 00000, or to the FundFund at _________________, as the case may be, at the address hereinafter set forth. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a Custodian custodian of its fundscash, securities and other property, the Custodian shall not deliver fundscash, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection selection, having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than ten million dollars Two Million Dollars ($10,000,0002,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement; , provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensationscompensation, costs and expenses, subject to the provisions of Section 11 10 of this Agreement. This Agreement may not be assigned by Custodian without the consent of the Fund, authorized or approved by a resolution of its Board of Directors.

Appears in 1 contract

Samples: Custodian Agreement (Hennessy Funds Inc)

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Termination or Assignment. This agreement may be terminated by the Fund, or by the Custodian, on sixty (60) days days' notice, given in writing and sent by registered mail to the Custodian, or to the Fund, as the case may be, at the address hereinafter set forth. Upon any termination of this Agreement, pending appointment of a successor to the Custodian or a vote of the shareholders of the Fund to dissolve or to function without a Custodian of its funds, securities and other property, the Custodian shall not deliver funds, securities or other property of the Fund to the Fund, but may deliver them to a bank or trust company of its own selection having an aggregate capital, surplus and undivided profits, as shown by its last published report of not less than ten million dollars ($10,000,000) as a Custodian for the Fund to be held under terms similar to those of this Agreement; provided, however, that the Custodian shall not be required to make any such delivery or payment until full payment shall have been made by the Fund of all liabilities constituting a charge on or against the properties then held by the Custodian or on or against the Custodian, and until full payment shall have been made to the Custodian of all its fees, compensations, costs and expenses, subject to the provisions of Section 11 II of this Agreement.

Appears in 1 contract

Samples: Custody Agreement (Third Avenue Trust)

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