Common use of Terms of Appointment Clause in Contracts

Terms of Appointment. 4.2.1 The ACD Agreement provides that the appointment of the ACD is for an initial period of three years and thereafter may be terminated upon 12 months written notice by either the ACD or the Company although in certain circumstances the agreement may be terminated forthwith by notice in writing by the ACD to the Company or the Depositary, or by the Depositary or the Company to the ACD. The ACD cannot be replaced until the FCA has approved the appointment of another director in place of the retiring ACD. The ACD Agreement may be inspected at the offices of the ACD during normal business hours by any Shareholder or any Shareholder’s duly authorised agent. Alternatively, a copy of the ACD Agreement may be sent to any Shareholder at his request within 10 days of the Company’s receipt of such request. 4.2.2 The ACD is entitled to its pro rata fees and expenses to the date of termination and any additional expenses necessarily realised in settling or realising any outstanding obligations. No compensation for loss of office is provided for in the agreement. The ACD Agreement provides indemnities by the Company to the ACD other than for matters arising by reason of the ACD’s negligence, default, breach of duty or breach of trust in the performance of the ACD’s duties and obligations. 4.2.3 The ACD is under no obligation to account to the Depositary or the Shareholders for any profit it makes on the issue or re-issue of Shares or cancellation of Shares which it has redeemed. The fees to which the ACD is entitled are set out in section 28.

Appears in 2 contracts

Samples: Investment Fund Information, Investment Fund Information

Terms of Appointment. 4.2.1 The ACD Agreement provides that the appointment of the ACD is for an initial period of three years and thereafter may be terminated upon 12 twelve months written notice by either the ACD or the Company Company, although in certain circumstances the agreement may be terminated forthwith by notice in writing by the ACD to the Company or the Depositary, or by the Depositary or the Company to the ACD. The ACD cannot be replaced until the FCA has approved the appointment of another director in place of the retiring ACD. The ACD Agreement may be inspected at the offices of the ACD during normal business hours by any Shareholder or any Shareholder’s duly authorised agent. Alternatively, a copy of the ACD Agreement may be sent to any Shareholder at his request within 10 days of the Company’s receipt of such request. 4.2.2 The ACD is entitled to its pro rata fees and expenses to the date of termination and any additional expenses necessarily realised in settling or realising any outstanding obligations. No compensation for loss of office is provided for in the agreement. The ACD Agreement provides indemnities by the Company to the ACD other than for matters arising by reason of the ACD’s negligence, default, breach of duty or breach of trust in the performance of the ACD’s duties and obligations. 4.2.3 Where the ACD deals as principal in the Shares of Sub- funds, any profits or losses arising from such transactions shall accrue to the ACD and not to the Sub-fund. The ACD is under no obligation to account to the Depositary or the Shareholders for any profit it makes on the issue or re-re- issue of Shares or cancellation of Shares which it has redeemed. The fees to which the ACD is entitled are set out in section 2829.

Appears in 1 contract

Samples: Investment Fund Information

Terms of Appointment. 4.2.1 The ACD Agreement provides that the appointment of the ACD is for an initial period of three years and thereafter may be terminated upon 12 twelve months written notice by either the ACD or the Company Company, although in certain circumstances the agreement may be terminated forthwith by notice in writing by the ACD to the Company or the Depositary, or by the Depositary or the Company to the ACD. The ACD cannot be replaced until the FCA has approved the appointment of another director in place of the retiring ACD. The ACD Agreement may be inspected at the offices of the ACD during normal business hours by any Shareholder or any Shareholder’s duly authorised agent. Alternatively, a copy of the ACD Agreement may be sent to any Shareholder at his request within 10 days of the Company’s receipt of such request. 4.2.2 The ACD is entitled to its pro rata fees and expenses to the date of termination and any additional expenses necessarily realised in settling or realising any outstanding obligations. No compensation for loss of office is provided for in the agreement. The ACD Agreement provides indemnities by the Company to the ACD other than for matters arising by reason of the ACD’s negligence, default, breach of duty or breach of trust in the performance of the ACD’s duties and obligations. 4.2.3 Where the ACD deals as principal in the Shares of Sub- funds, any profits or losses arising from such transactions shall accrue to the ACD and not to the Sub-fund. The ACD is under no obligation to account to the Depositary or the Shareholders for any profit it makes on the issue or re-re- issue of Shares or cancellation of Shares which it has redeemed. The fees to which the ACD is entitled are set out in section 28.

Appears in 1 contract

Samples: Investment Fund Information