Common use of Amendments to the Agreement Clause in Contracts

Amendments to the Agreement. Except to the extent permitted by the 1940 Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any Fund only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund (unless such approval is not required by Section 15 of the 1940 Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Trustees who are not interested persons, cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund if a majority of the outstanding voting securities of the Fund vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund affected by the amendment or all the Funds of the Trust. Additional funds may be added to Appendix A by written agreement of the Investment Adviser and the Sub-Adviser.

Appears in 17 contracts

Samples: Sub Advisory Agreement (Financial Investors Trust), Agreement (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust)

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Amendments to the Agreement. Except to the extent permitted by the 1940 Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any Fund only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund (unless such approval is not required by Section 15 of the 1940 Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Trustees who are not interested persons, cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund if a majority of the outstanding voting securities of the Fund vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund affected by the amendment or all the Funds of the Trust. Additional funds may be added to Appendix A by written agreement of the Investment Adviser Adviser, the Trust and the Sub-Adviser.

Appears in 12 contracts

Samples: Sub Advisory Agreement (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust)

Amendments to the Agreement. Except to the extent permitted by the 1940 Investment Company Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any Fund only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund (unless such approval is not required by Section 15 of the 1940 Investment Company Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Independent Trustees who are not interested persons, cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund if a majority of the outstanding voting securities of the Fund vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund affected by the amendment or all the Funds of the Trust. Additional funds may be added to Appendix A by written agreement of the Investment Adviser and the Sub-Adviser.

Appears in 9 contracts

Samples: Mutual Participation Agreement (WisdomTree Investments, Inc.), Form of Sub Advisory Agreement (WisdomTree Trust), Form of Sub Advisory Agreement (WisdomTree Trust)

Amendments to the Agreement. Except to the extent permitted by the 1940 Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any Fund only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund (unless such approval is not required by Section 15 of the 1940 Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Trustees who are not interested persons, persons cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund if a majority of the outstanding voting securities of the Fund vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund affected by the amendment or all the Funds of the Trust. Additional funds Funds may be added to Appendix A by written agreement of the Investment Adviser and the Sub-Adviser.

Appears in 8 contracts

Samples: Sub Advisory Agreement (ALPS ETF Trust), Sub Advisory Agreement (ALPS ETF Trust), Sub Advisory Agreement (ALPS ETF Trust)

Amendments to the Agreement. Except to the extent permitted by the 1940 Investment Company Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any Fund only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund (unless such approval is not required by Section 15 of the 1940 Investment Company Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Independent Trustees who are not interested persons, cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund if a majority of the outstanding voting securities of the Fund vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund affected by the amendment or all the Funds of the Trust. Additional funds Funds may be added to Appendix A by written agreement of the Investment Adviser and the Sub-Adviser.

Appears in 5 contracts

Samples: Sub Advisory Agreement (Financial Investors Trust), Sub Advisory Agreement (ALPS ETF Trust), Sub Advisory Agreement (ALPS ETF Trust)

Amendments to the Agreement. Except to the extent permitted by the 1940 Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any Fund Portfolio only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund Portfolio (unless such approval is not required by Section 15 of the 1940 Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Trustees who are not interested persons, cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund Portfolio if a majority of the outstanding voting securities of the Fund Portfolio vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund Portfolio affected by the amendment or all the Funds Portfolios of the Trust. Additional funds portfolios may be added to Appendix A by written agreement of the Investment Adviser and the Sub-Adviser.

Appears in 5 contracts

Samples: Equity Portfolio (ALPS Variable Investment Trust), Sub Advisory Agreement (ALPS Variable Investment Trust), Sub Advisory Agreement (ALPS Variable Investment Trust)

Amendments to the Agreement. Except to the extent permitted by the 1940 Investment Company Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any Fund only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund (unless such approval is not required by Section 15 of the 1940 Investment Company Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Trustees who are not interested persons, Independent Directors cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund if a majority of the outstanding voting securities of the Fund vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund affected by the amendment or all the Funds of the Trust. Additional funds may be added to Appendix A by written agreement of the Investment Adviser and the Sub-AdviserCorporation.

Appears in 5 contracts

Samples: Sub Advisory Agreement (HealthShares (TM) Inc.), Interim Sub Advisory Agreement (TDX Independence Funds, Inc.), Sub Advisory Agreement (Realty Funds, Inc.)

Amendments to the Agreement. Except to the extent permitted by the 1940 Investment Company Act or the rules or regulations thereunder or pursuant to any exemptive relief granted by the Securities and Exchange Commission ("SEC"), this Agreement may be amended by the parties with respect to any Fund only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such the Fund (unless such approval is not required by Section 15 of the 1940 Investment Company Act as interpreted by the SEC or its staff or unless the SEC Trust has granted obtained an exemption from such approval requirementthe voting requirements of Section 15) and by the vote of a majority of the Independent Trustees who are not interested persons, cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund if a majority of the outstanding voting securities of the Fund vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund portfolio affected by the amendment or all the Funds portfolios of the Trust. Additional funds may be added to Appendix A by written agreement of the Investment Adviser and the Sub-Adviser.

Appears in 4 contracts

Samples: Investment Management Agreement (Pitcairn Funds), Investment Management Agreement (Pitcairn Funds), Investment Management Agreement (Pitcairn Funds)

Amendments to the Agreement. Except to the extent permitted by the 1940 Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any the Fund only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such the Fund (unless such approval is not required by Section 15 of the 1940 Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Board of Trustees who are not interested persons, cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund if a majority of the outstanding voting securities of the Fund vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund fund affected by the amendment or all the Funds funds of the Trust. Additional funds may be added to Appendix A this Agreement by written agreement of the Investment Adviser Adviser, the Trust and the Sub-Adviser.

Appears in 4 contracts

Samples: Sub Advisory Agreement (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust)

Amendments to the Agreement. Any change, waiver, discharge or termination of a provision of this Agreement, whether or not such change is deemed to be material, may be made only by an instrument in writing signed by both the Adviser and the Sub-Adviser. Except to the extent permitted by the 1940 Investment Company Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be materially amended by the parties with respect to any Fund only if such amendment, if material, amendment is specifically approved by the vote of a majority of the outstanding voting securities of such a Fund (unless such approval is not required by Section 15 of the 1940 Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Independent Trustees who are not interested persons, cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund if a majority of the outstanding voting securities of the Fund vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund affected by the amendment or all the Funds of the Trust. Additional funds may be added to Appendix A by written agreement of the Investment Adviser and the Sub-Adviser.

Appears in 4 contracts

Samples: Advisory Agreement (WisdomTree Digital Trust), Investment Sub Advisory Agreement (WisdomTree Digital Trust), Investment Sub Advisory Agreement (WisdomTree Trust)

Amendments to the Agreement. Except to the extent permitted by the 1940 Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any Fund only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund (unless such approval is not required by Section 15 of the 1940 Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Trustees who are not interested persons, persons cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund Funds if a majority of the outstanding voting securities of the Fund Funds vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund affected by the amendment or all the Funds of the Trust. Additional funds Funds may be added to Appendix A by written agreement of the Investment Adviser and the Sub-Adviser.

Appears in 3 contracts

Samples: Sprott Etf Trust (Sprott ETF Trust), Sub Advisory Agreement (Sprott Funds Trust), Sub Advisory Agreement (Sprott Funds Trust)

Amendments to the Agreement. Except to the extent permitted by the 1940 Investment Company Act or the rules or regulations thereunder or pursuant to any exemptive relief granted by the Securities and Exchange Commission ("SEC"), this Agreement may be amended by the parties with respect to any Fund only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund each of the Funds affected by the amendment (unless such approval is not required by Section 15 of the 1940 Investment Company Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirementstaff) and by the vote of a majority of the Independent Trustees who are not interested persons, of the Trust cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the any Fund if a majority of the outstanding voting securities of the that Fund vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of (a) any other Fund affected by the amendment or (b) all the Funds of the Trust. Additional funds may be added to Appendix A by written agreement of the Investment Adviser and the Sub-Adviser.

Appears in 2 contracts

Samples: Investment Management Agreement (Axa Premier Vip Trust), Investment Management Agreement (Axa Premier Vip Trust)

Amendments to the Agreement. Except to the extent permitted by the 1940 Investment Company Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any Fund only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such the Fund (unless such approval is not required by Section 15 of the 1940 Investment Company Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote Board of the Company, including a majority of the Trustees who are not interested personsIndependent Directors, cast with votes casted in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the a Fund if a majority of the outstanding voting securities of the such Fund vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund affected by the amendment or all the Funds funds of the Trust. Additional funds may be added to Appendix A by written agreement of the Investment Adviser and the Sub-AdviserCompany.

Appears in 2 contracts

Samples: Investment Sub Advisory Agreement (RBB Fund, Inc.), Investment Sub Advisory Agreement (RBB Fund, Inc.)

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Amendments to the Agreement. Except to the extent permitted by the 1940 Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this This Agreement may only be amended by written agreement of all of the parties with respect hereto. If required under applicable securities laws or governance agreements of a Fund, material amendments to any Fund only if such amendment, if material, is specifically approved this Agreement shall be subject to approval by the vote of a majority of the outstanding voting securities of such the relevant Fund (unless such approval is not required by Section 15 of the 1940 Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Trustees who are not interested persons, cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund if a majority of the outstanding voting securities of the Fund vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund affected by the amendment or all the Funds of the Trust. Additional funds may be added to Appendix A by written agreement of the Investment Adviser and Adviser, the Sub-Adviser, and the Trust.

Appears in 2 contracts

Samples: Sub Advisory Agreement (Financial Investors Trust), Sub Advisory Agreement (Financial Investors Trust)

Amendments to the Agreement. Except to the extent permitted by the 1940 Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any Fund Portfolio only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund Portfolio (unless such approval is not required by Section 15 of the 1940 Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Trustees who are not interested persons, cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund Portfolio if a majority of the outstanding voting securities of the Fund Portfolio vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund Portfolio affected by the amendment or all the Funds Portfolios of the Trust. Additional funds portfolios may be added to Appendix A by written agreement of the Investment Adviser and the Sub-Adviser.. Exhibit (d)(ii)

Appears in 1 contract

Samples: Sub Advisory Agreement (ALPS Variable Investment Trust)

Amendments to the Agreement. Except to the extent permitted by the 1940 Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any Fund only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund (unless such approval is not required by Section 15 of the 1940 Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Trustees who are not interested persons, cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund if a majority of the outstanding voting securities of the Fund vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund affected by the amendment or all the Funds of the Trust. Additional funds may be added to Appendix A by written agreement of the Investment Adviser Adviser, the Trust and the Sub-Adviser. Any change, waiver, discharge or termination of a provision of this Agreement, whether or not such change is deemed to be material, may be made only by an instrument in writing signed by the parties hereto.

Appears in 1 contract

Samples: Financial Investors Trust (Financial Investors Trust)

Amendments to the Agreement. Except to the extent permitted by the 1940 Investment Company Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any Fund only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund (unless such approval is not required by Section 15 of the 1940 Investment Company Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Independent Trustees who are not interested persons, cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund if a majority of the outstanding voting securities of the Fund vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund affected by the amendment or all the Funds of the Trust. .. Additional funds Funds may be added to Appendix A by written agreement of the Investment Adviser and the Sub-Adviser.

Appears in 1 contract

Samples: Sub Advisory Agreement (ALPS ETF Trust)

Amendments to the Agreement. Except to the extent permitted by the 1940 Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any Fund the Portfolio only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund the Portfolio (unless such approval is not required by Section 15 of the 1940 Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Trustees who are not interested persons, cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund Portfolio if a majority of the outstanding voting securities of the Fund Portfolio vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund Portfolio affected by the amendment or all the Funds Portfolios of the Trust. Additional funds portfolios may be added to Appendix A by written agreement of the Investment Adviser and the Sub-Adviser.

Appears in 1 contract

Samples: Sub Advisory Agreement (ALPS Variable Investment Trust)

Amendments to the Agreement. Except to the extent permitted by the 1940 Investment Company Act or the rules or regulations thereunder or pursuant to any exemptive relief granted by the Securities and Exchange Commission (“SEC”), this Agreement may be amended by the parties with respect to any Fund only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund each of the Funds affected by the amendment (unless such approval is not required by Section 15 of the 1940 Investment Company Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirementstaff) and by the vote of a majority of the Independent Trustees who are not interested persons, of the Trust cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the any Fund if a majority of the outstanding voting securities of the that Fund vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of (a) any other Fund affected by the amendment or (b) all the Funds of the Trust. Additional funds may be added to Appendix A by written agreement of the Investment Adviser and the Sub-Adviser.

Appears in 1 contract

Samples: Investment Management Agreement (AXA Enterprise Multimanager Funds Trust)

Amendments to the Agreement. Except to the extent permitted by the 1940 Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any Fund Portfolio only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund Portfolio (unless such approval is not required by Section 15 of the 1940 Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Trustees who are not interested persons, cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund Portfolio if a majority of the outstanding voting securities of the Fund Portfolio vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund Portfolio affected by the amendment or all the Funds Portfolios of the Trust. Additional funds portfolios may be added to Appendix A by written agreement of the Investment Adviser and the Sub-Adviser.. Exhibit (d)(iii)

Appears in 1 contract

Samples: Sub Advisory Agreement (ALPS Variable Investment Trust)

Amendments to the Agreement. Except to the extent permitted by the 1940 Act or the rules or regulations thereunder or pursuant to exemptive relief granted by the SEC, this Agreement may be amended by the parties with respect to any Fund only if such amendment, if material, is specifically approved by the vote of a majority of the outstanding voting securities of such Fund (unless such approval is not required by Section 15 of the 1940 Act as interpreted by the SEC or its staff or unless the SEC has granted an exemption from such approval requirement) and by the vote of a majority of the Trustees who are not interested persons, persons cast in person at a meeting called for the purpose of voting on such approval. The required shareholder approval shall be effective with respect to the Fund Funds if a majority of the outstanding voting securities of the Fund Funds vote to approve the amendment, notwithstanding that the amendment may not have been approved by a majority of the outstanding voting securities of any other Fund affected by the amendment or all the Funds of the Trust. Additional funds Funds may be added to Appendix A by written agreement of the Investment Adviser and the Sub-Adviser.

Appears in 1 contract

Samples: Sprott Funds Trust (Sprott Funds Trust)

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