Common use of Terms of Agreement and Termination Clause in Contracts

Terms of Agreement and Termination. Unless sooner terminated as provided herein, this Agreement shall continue in effect for a period of more than two years from the date written above only so long as such continuance is specifically approved at least annually in conformity with the requirements of the 1940 Act and the rules thereunder or any applicable exemption therefrom; provided that such continuance is specifically approved at least annually (i) by a vote of a majority of the Trustees of the Fund who are not parties to this Agreement or interested persons (as defined in the 1000 Xxx) of any such party, and (ii) by a vote of the Board or by the holders of a majority of the outstanding voting securities (as defined in the 1000 Xxx) of the Fund. Notwithstanding the foregoing, this Agreement may be terminated at any time, without the payment of any penalty, by the Board or by vote of a majority of the outstanding voting securities (as defined in the 1000 Xxx) of the Fund upon sixty (60) days’ written notice to the Sub-Adviser. This Agreement may also be terminated, without the payment of any penalty, by the Fund, the Adviser, or the Sub-Adviser upon sixty (60) days’ written notice provided that this Agreement may be terminated sooner by you or us upon notice taking immediate or subsequent effect if:

Appears in 2 contracts

Samples: Discretionary Investment Management Agreement (Shelton Funds), Nikko Asset (Shelton Greater China Fund)

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Terms of Agreement and Termination. Unless sooner terminated as provided herein, this Agreement shall continue in effect for a period of more than two years from the date written above only so long as such continuance is specifically approved at least annually in conformity with the requirements of the 1940 Act and the rules thereunder or any applicable exemption therefrom; provided that such continuance is specifically approved at least annually (i) by a vote of a majority of the Trustees of the Fund who are not parties to this Agreement or interested persons (as defined in the 1000 Xxx) of any such party, and (ii) by a vote of the Board or by the holders of a majority of the outstanding voting securities (as defined in the 1000 Xxx) of the Fund. Notwithstanding the foregoing, this Agreement may be terminated at any time, without the payment of any penalty, by the Board or by vote of a majority of the outstanding voting securities (as defined in the 1000 Xxx) of the Fund upon sixty (60) days’ written notice to the Sub-AdviserAdvisor. This Agreement may also be terminated, without the payment of any penalty, by the Fund, the AdviserAdvisor, or the Sub-Adviser Advisor upon sixty (60) days’ written notice provided that this Agreement may be terminated sooner by you or us upon notice taking immediate or subsequent effect if:

Appears in 1 contract

Samples: Green Alpha Advisors (Shelton Funds)

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Terms of Agreement and Termination. Unless sooner terminated as provided herein, this Agreement shall continue in effect for a period of more than two years from the date written above only so long as such continuance is specifically approved at least annually in conformity with the requirements of the 1940 Act and the rules thereunder or any applicable exemption therefrom; provided that such continuance is specifically approved at least annually (i) by a vote of a majority of the Trustees of the Fund who are not parties to this Agreement or interested persons (as defined in the 1000 Xxx1940 Axx) of any xx xny such party, and (ii) by a vote of the Board or by the holders of a majority of the outstanding voting securities (as defined in the 1000 Xxx1940 Axx) of the xx xhe Fund. Notwithstanding the foregoing, this Agreement may be terminated at any timeanytime, without the payment of any penalty, by the Board or by vote of a majority of the outstanding voting securities (as defined in the 1000 Xxx1940 Axx) of the xx xhe Fund upon sixty (60) days’ written notice to the Sub-AdviserAdvisor. This Agreement may also be terminated, without the payment of any penalty, by the Fund, the AdviserAdvisor, or the Sub-Adviser Advisor upon sixty (60) days’ written notice provided that this Agreement may be terminated sooner by you or us upon notice taking immediate or subsequent effect if:

Appears in 1 contract

Samples: Green Alpha Advisors (Shelton Funds)

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