Gabelli 787 Fund, Inc. Sample Contracts

WITNESSETH:
Distribution Agreement • December 23rd, 2009 • Gabelli 787 Fund, Inc.
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DISTRIBUTION AGREEMENT FOR GABELLI 787 FUND, INC.
Distribution Agreement • February 24th, 2012 • Gabelli 787 Fund, Inc. • New York

DISTRIBUTION AGREEMENT (the “Agreement”), dated August 1, 2011, between Gabelli 787 Fund, Inc., a Maryland corporation, on behalf of the Gabelli Enterprise Mergers & Acquisitions Fund, Inc., (the “Fund”), and G.distributors, LLC, a Delaware limited liability company (the “Distributor”). The Fund is registered as an investment company under the Investment Company Act of 1940, as amended (the “1940 Act”), and an indefinite number of shares of the Fund, par value $.001 per share (the “Shares”), have been registered under the Securities Act of 1933, as amended (the “1933 Act”) to be offered for sale to the public in a continuous public offering in accordance with terms and conditions set forth in the Prospectus and Statement of Additional Information (the “Prospectus”) of the Fund included in the Fund’s Registration Statement on Form N-1A as such documents may be amended from time to time.

TRANSFER AGENCY AND SERVICE AGREEMENT BETWEEN THE 787 FUND, INC. AND STATE STREET BANK AND TRUST COMPANY
Transfer Agency and Service Agreement • July 31st, 2007 • 787 Fund, Inc. • Massachusetts

AGREEMENT made as of the [xx] day of [insert,] 2007, by and between THE 787 FUND, INC., a Maryland Corporation, having its principal office and place of business at 1290 Avenue of the Americas, New York, New York 10104 (the “Fund”), and STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company having its principal office and place of business at 225 Franklin Street, Boston, Massachusetts 02110 (the “Transfer Agent”).

AMENDED AND RESTATED DISTRIBUTION AGREEMENT between GABELLI 787 FUND, INC. and
Distribution Agreement • June 30th, 2017 • Gabelli 787 Fund, Inc.

THIS AGREEMENT made this 30th of June, 2017, by and between GABELLI 787 FUND, INC., a Maryland corporation (the “Corporation”), with respect to the series of beneficial interest set forth on Appendix A to this Agreement, and any applicable classes thereof (each a “Fund”, collectively, the “Funds”), and G.DISTRIBUTORS, LLC, a Maryland corporation (the “Distributor”).

INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • February 28th, 2008 • 787 Fund, Inc. • New York

AGREEMENT, dated as of September 20, 2007, by and between Enterprise Capital Management, Inc., a Georgia corporation (the “Manager”), and GAMCO Asset Management, Inc., a New York corporation (“Adviser”).

THE 787 FUND, INC. INVESTMENT ADVISER’S AGREEMENT
Agreement • February 28th, 2008 • 787 Fund, Inc.

THIS AGREEMENT, made this 20th day of September 2007, is by and between The 787 Fund, Inc., a Maryland corporation (hereinafter referred to as “Corporation”), and Enterprise Capital Management, Inc., a Georgia corporation (hereinafter referred to as the “Adviser”).

GLOBAL CUSTODY AGREEMENT
Global Custody Agreement • July 31st, 2007 • 787 Fund, Inc. • New York

This AGREEMENT is effective July 26, 2007 and is between JPMORGAN CHASE BANK (“Bank”) and THE 787 FUND, INC. (“787 FUND”) on behalf of the fund designated on Schedule B (each individually, the “Customer”).

MUTUAL FUNDS SERVICE AGREEMENT FUND ACCOUNTING AND COMPLIANCE SERVICES AXA EQUITABLE LIFE INSURANCE COMPANY SEPTEMBER 20, 2007
Mutual Funds Service Agreement • February 28th, 2008 • 787 Fund, Inc. • New York
EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • February 28th, 2008 • 787 Fund, Inc.

EXPENSE LIMITATION AGREEMENT, effective as of September 20, 2007 among Enterprise Capital Management, Inc. (the “Manager”), AXA Equitable Life Insurance Company (“Administrator”), and The 787 Fund, Inc. (the “Corporation”), on behalf of a fund of the Corporation set forth in Schedule A attached hereto (the “Fund”).

THE ENTERPRISE GROUP OF FUNDS, INC. THE 787 FUND, INC. AGREEMENT AND PLAN OF REORGANIZATION
Agreement and Plan Of • September 21st, 2007 • 787 Fund, Inc. • Maryland

THIS AGREEMENT AND PLAN OF REORGANIZATION (“Agreement”) is made as of this 20th day of September, 2007, by and among (1) The 787 Fund, Inc., a Maryland corporation (“787 Fund”), with its principal place of business at 1290 Avenue of the Americas, New York, New York 10104, on its own behalf and on behalf of AXA Enterprise Mergers and Acquisitions Fund, its sole segregated portfolio of assets (“series”) (“Acquiring Fund”), (2) The Enterprise Group of Funds, Inc., a Maryland corporation (“Company”), with its principal place of business at Atlanta Financial Center, 3343 Peachtree Rd. NE, Suite 450, Atlanta, Georgia, 30326, on its own behalf and on behalf of AXA Enterprise Mergers and Acquisitions Fund, one of its separate series (“Acquired Fund”), (3) solely for purposes of paragraph 9.2, AXA Equitable Life Insurance Company (“AXA Equitable”), and (4) solely for purposes of paragraph 3.2(h), Enterprise Capital Management, Inc. (“Manager”). (Each of the Acquiring Fund and Acquired Fund is s

Contract
Master Custodian Agreement • February 28th, 2013 • Gabelli 787 Fund, Inc. • Massachusetts

AMENDED AND RESTATED MASTER CUSTODIAN AGREEMENT This Agreement between each entity set forth on Appendix A hereto (as such Appendix A may be amended from time to time (each such entity and each entity made subject to this Agreement in accordance with Section 18, referred to herein individually as the “Fund” and collectively as the “Funds”), and STATE Street BANK and TRUST Company, a Massachusetts trust company (the “Custodian”). WITNESSETH: WHEREAS, each of the Funds has previously entered into a Custodian Contract with the Custodian; WHEREAS, each of the Funds desire to replace such existing Custodian Contracts with this amended and restated Master Custodian Agreement; WHEREAS, the Funds are registered under the Investment Company Act of 1940 and each Fund appointed the Bank to act as its Custodian; WHEREAS, the Funds may be authorized to issue shares in separate series, with each such series representing interests in a separate portfolio of securities and other assets: and WHEREAS, e

DISTRIBUTION AGREEMENT between THE 787 FUND, INC. and ENTERPRISE FUND DISTRIBUTORS, INC. (Applicable to Class A, Class B, Class C and Class Y Shares)
Distribution Agreement • March 6th, 2008 • 787 Fund, Inc.

THIS AGREEMENT made this day of , 2008, by and between THE 787 FUND, INC., a Maryland corporation (the “Corporation”), with respect to the series of common stock set forth on Appendix A to this Agreement, and any applicable classes thereof (the “Fund”), and ENTERPRISE FUND DISTRIBUTORS, INC., a Delaware corporation (the “Distributor”).

EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • July 31st, 2007 • 787 Fund, Inc.

EXPENSE LIMITATION AGREEMENT, effective as of July 26, 2007 among Enterprise Capital Management, Inc. (the “Manager”), AXA Equitable Life Insurance Company (“Administrator”), and The 787 Fund, Inc. (the “Corporation”), on behalf of each series of the Corporation set forth in Schedule A attached hereto (each, a “Fund”, and collectively, the “Funds”).

THE 787 FUND, INC. (the 'FUND') EXHIBIT TO ITEM 77Q1 The Fund's Investment Advisory Agreement is incorporated by reference to the Fund's Post-Effective Amendment No. 3 (the "Amendment"). This Amendment was filed with the SEC via EDGAR on March 6, 2008...
787 Fund, Inc. • December 30th, 2008

The Fund's Investment Advisory Agreement is incorporated by reference to the Fund's Post-Effective Amendment No. 3 (the "Amendment"). This Amendment was filed with the SEC via EDGAR on March 6, 2008 (Accession No. 0001193125-08-049050).

EXPENSE LIMITATION AGREEMENT
Expense Limitation Agreement • March 6th, 2008 • 787 Fund, Inc.

EXPENSE LIMITATION AGREEMENT (the “Agreement”), effective as of [ ], 2008, among Gabelli Funds, LLC (the “Adviser”), a New York limited liability company, and The 787 Fund, Inc., a Maryland corporation (the “Company”), on behalf of The Enterprise Mergers and Acquisitions Fund (the “Fund”).

FORM OF INVESTMENT ADVISORY AGREEMENT
Investment Advisory Agreement • March 6th, 2008 • 787 Fund, Inc. • New York

INVESTMENT ADVISORY AGREEMENT, dated as of , 2008, between The 787 Fund, Inc., a Maryland corporation (the “Company”), on behalf of the Enterprise Mergers and Acquisitions Fund (the “Fund”), and Gabelli Funds, LLC (the “Adviser”), a New York limited liability company.

EXPENSE DEFERRAL AGREEMENT
Expense Deferral Agreement • February 26th, 2021 • Gabelli 787 Fund, Inc. • Maryland

THIS EXPENSE DEFERRAL AGREEMENT (the “Agreement”) is effective as of the 1st day of October, 2020, by and Gabelli 787 Fund, Inc., a Maryland corporation (the “Corporation”), on behalf of The Gabelli Enterprise Mergers & Acquisitions Fund (the “Fund”), and the Class Y shares of the Fund (“Class Y”) listed on Appendix A, and the Fund’s investment adviser, Gabelli Funds, LLC (the “Adviser”).

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