Common use of Terms and Termination Clause in Contracts

Terms and Termination. (a) This Agreement will become effective for all purposes as of March [ ], 2005 and will remain in effect for an initial term of two years from such date, unless terminated in accordance with the terms of this Agreement. Thereafter, this Agreement will continue in effect from year to year, provided that each such continuance is approved by the Fund's Board of Directors, including the vote of a majority of the Directors who are not "interested persons" of the Fund within the meaning of the 1940 Act. (b) Either party may terminate this Agreement without cause, upon thirty (30) days' prior written notice to the other party, or, if there has been a material breach of any condition, warranty, representation or other term of this Agreement by one party, by written notice to such breaching party, at any time; provided however, that if this Agreement is terminated as to specific Units, this Agreement shall only be deemed terminated with respect to those Units. This Agreement shall terminate automatically in the event of its "assignment" within the meaning of the 1940 Act.

Appears in 10 contracts

Samples: Distribution Agreement (CSFB Alternative Capital Tactical Trading Institutional Fund, LLC), Distribution Agreement (CSFB Alternative Capital Multi-Strategy Fund, LLC), Distribution Agreement (CSFB Alternative Capital Relative Value Institutional Fund, LLC)

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Terms and Termination. (a) This Agreement will become effective for all purposes as of March [ ], 2005 the date first written above and will remain in effect for an initial term of two years from such date, unless terminated in accordance with the terms of this Agreement. Thereafter, this Agreement will continue in effect from year to year, provided that each such continuance is approved by the Fund's Board of Directors, including the vote of a majority of the Directors who are not "interested persons" of the Fund within the meaning of the 1940 Act. (b) Either party may terminate this Agreement without cause, upon thirty (30) days' prior written notice to the other party, or, if there has been a material breach of any condition, warranty, representation or other term of this Agreement by one party, by written notice to such breaching party, at any time; provided however, that if this Agreement is terminated as to specific Units, this Agreement shall only be deemed terminated with respect to those Units. This Agreement shall terminate automatically in the event of its "assignment" within the meaning of the 1940 Act.

Appears in 2 contracts

Samples: Distribution Agreement (Credit Suisse Alternative Capital Long/Short Equity Institutional Fund, LLC), Distribution Agreement (Credit Suisse Alternative Capital Long/Short Equity Fund, LLC)

Terms and Termination. (a) This Agreement will become effective for all purposes as of March [ ], 2005 and will remain in effect for an initial term of two years from such date, unless terminated in accordance with the terms of this Agreement. Thereafter, this Agreement will continue in effect from year to year, provided that each such continuance is approved by the Fund's Funds' Board of Directors, including the vote of a majority of the Directors who are not "interested persons" of the Fund Funds within the meaning of the 1940 Act. (b) Either party may terminate this Agreement without cause, upon thirty (30) days' prior written notice to the other party, or, if there has been a material breach of any condition, warranty, representation or other term of this Agreement by one party, by written notice to such breaching party, at any time; provided however, that if this Agreement is terminated as to specific Units, this Agreement shall only be deemed terminated with respect to those Units. This Agreement shall terminate automatically in the event of its "assignment" within the meaning of the 1940 Act.

Appears in 2 contracts

Samples: Distribution Agreement (CSFB Alternative Capital Multi-Strategy Fund, LLC), Distribution Agreement (CSFB Alternative Capital Multi-Strategy Institutional Fund, LLC)

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Terms and Termination. (a) This Agreement will become effective for all purposes as of March [ ], 2005 the date first written above and will remain in effect for an initial term of two years from such date, unless terminated in accordance with the terms of this Agreement. Thereafter, this Agreement will continue in effect from year to year, provided that each such continuance is approved by the Fund's ’s Board of Directors, including the vote of a majority of the Directors who are not "interested persons" of the Fund within the meaning of the 1940 Act. (b) Either party may terminate this Agreement without cause, upon thirty (30) days' prior written notice to the other party, or, if there has been a material breach of any condition, warranty, representation or other term of this Agreement by one party, by written notice to such breaching party, at any time; provided however, that if this Agreement is terminated as to specific UnitsShares, this Agreement shall only be deemed terminated with respect to those UnitsShares. This Agreement shall terminate automatically in the event of its "assignment" within the meaning of the 1940 Act.

Appears in 2 contracts

Samples: Distribution Agreement (Salient Absolute Return Fund), Distribution Agreement (Salient Absolute Return Institutional Fund)

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