Common use of Amendments Clause in Contracts

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 328 contracts

Samples: Sub Advisory Agreement (Voya MUTUAL FUNDS), Sub Advisory Agreement (Voya PARTNERS INC), Sub Advisory Agreement (Ing Mutual Funds)

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Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by in accordance with applicable law.

Appears in 91 contracts

Samples: Interim Investment Subadvisory Agreement (Ge Private Asset Management Funds), Investment Advisory Agreement (Consulting Group Capital Markets Funds), Investment Advisory Agreement (Consulting Group Capital Markets Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 89 contracts

Samples: Business Management Agreement (Jpmorgan Value Opportunities Fund Inc), Chief Compliance Officer Services Agreement (Forester Funds Inc), Administration Agreement (Amm Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Trust's outstanding voting securities.

Appears in 88 contracts

Samples: Interim Investment Sub Advisory Agreement (Starboard Investment Trust), Investment Sub Advisory Agreement (Merit Advisors Investment Trust Ii), Investment Sub Advisory Agreement (Starboard Investment Trust)

Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 82 contracts

Samples: Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement Corp), Second Lien Loan Agreement (North American Technologies Group Inc /Tx/)

Amendments. No provision provisions of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as in the manner required by applicable lawthe 1940 Act.

Appears in 81 contracts

Samples: Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc), Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc), Investment Sub Advisory Agreement (Northwestern Mutual Series Fund Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Trust’s outstanding voting securities.

Appears in 81 contracts

Samples: Transaction Agreement (PSP Family of Funds), Investment Advisory Agreement (WST Investment Trust), Investment Sub Advisory Agreement (Starboard Investment Trust)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only except by an instrument in writing signed by the party against which an enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 79 contracts

Samples: Distribution Agreement (Unified Series Trust), Distribution Agreement (Capitol Series Trust), Distribution Agreement (Capitol Series Trust)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 73 contracts

Samples: Administration Agreement (Columbia Funds Series Trust), Form of Administration Agreement (BofA Funds Series Trust), Administration Agreement (Columbia Funds Variable Insurance Trust I)

Amendments. No provision of Neither this Agreement nor any provision hereof may be changedamended, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the changeamendment, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 67 contracts

Samples: Loan Agreement (GA Computer Sciences Inc.), Convertible Note Agreement (Doral Energy Corp.), Loan Agreement (Versus Systems Inc.)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund’s outstanding voting securities.

Appears in 55 contracts

Samples: Investment Advisory Agreement (Ultimus Managers Trust), Investment Sub Advisory Agreement (Apollo Diversified Real Estate Fund), Investment Advisory Agreement (Ultimus Managers Trust)

Amendments. No provision of this This Agreement may not be changedamended, waivednor shall any waiver, discharged change, modification, consent or terminated orally, but only discharge be effected except by an instrument in writing signed executed by or on behalf of the party against which whom enforcement of the any waiver, change, waivermodification, consent or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 45 contracts

Samples: Employment Agreement (Environmental Impact Acquisition Corp), Employment Agreement (MODERN HOLDINGS Inc), Employment Agreement (Arqule Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund's outstanding voting securities.

Appears in 38 contracts

Samples: Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust)

Amendments. No provision of this Agreement may shall be changedaltered, waivedamended, discharged revoked or terminated orally, but only waived except by an instrument in writing signed by the party against which enforcement of the changesought to be charged with such amendment, revocation or waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 35 contracts

Samples: Employment Agreement (Array Biopharma Inc), Employment Agreement (Array Biopharma Inc), Employment Agreement (Array Biopharma Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund's outstanding voting securities.

Appears in 32 contracts

Samples: Advisory Agreement (Legg Mason Investors Trust Inc), Investment Advisory and Management Agreement (Legg Mason Focus Trust Inc), Investment Advisory Agreement (Legg Mason Income Trust Inc)

Amendments. No provision modification, waiver, amendment, discharge or change of this Agreement may shall be changed, waived, discharged or terminated orally, but only by an instrument valid unless the same is in writing and signed by the party against which whom the enforcement of the changesuch modification, waiver, amendment, discharge or termination change is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 28 contracts

Samples: Master Repurchase Agreement (UWM Holdings Corp), Master Repurchase Agreement (Caliber Home Loans, Inc.), Revolving Credit and Security Agreement (Aames Financial Corp/De)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . A written amendment of this Agreement shall be is effective until approved as required by applicable lawupon the approval of the Board of Directors/Trustees and the Manager.

Appears in 25 contracts

Samples: Allocation Agreement (Voya Enhanced Securitized Income Fund), Allocation Agreement (Voya Separate Portfolios Trust), Allocation Agreement (Ing Series Fund Inc)

Amendments. No provision of this This Agreement may not be changed, waivedamended, discharged terminated or terminated superseded orally, but only by an agreement in writing, nor may any of the provisions hereof be waived orally, but only by an instrument in writing writing, in any such case signed by the party against which whom enforcement of the any change, amendment, termination, waiver, modification, extension or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 25 contracts

Samples: Employment Agreement (Oak Tree Educational Partners, Inc.), Employment Agreement (Florham Consulting Corp), Employment Agreement (Boxlight Corp)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by telephone or by any other means except by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 23 contracts

Samples: Indemnity Agreement (Carter Validus Mission Critical REIT II, Inc.), Indemnity Agreement (Carter Validus Mission Critical REIT, Inc.), Environmental Indemnity Agreement (Blyth Inc)

Amendments. No provision of this This Agreement may not be changedamended, waivednor shall any waiver, discharged change, modification, consent or terminated orallydischarge be effected, but only except by an instrument in writing signed executed by or on behalf of the party against which whom enforcement of the changeany amendment, waiver, change, modification, consent or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 22 contracts

Samples: Purchase and Sale Agreement (Adcare Health Systems Inc), Purchase and Sale Agreement (Adcare Health Systems, Inc), Purchase and Sale Agreement (Adcare Health Systems, Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall will be effective with respect to any Fund until approved as required by applicable lawvote of the holders of a majority of the Fund’s outstanding voting securities.

Appears in 21 contracts

Samples: Form of Investment Advisory Agreement (Horizon Funds), Form of Investment Advisory Agreement (Horizon Funds), Investment Advisory Agreement (Horizon Funds)

Amendments. No term or provision of this Agreement may be amended, changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which the enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 21 contracts

Samples: Aircraft Lease Agreement (Avantair, Inc), Non Exclusive Aircraft Lease Agreement (Laredo Petroleum, Inc.), Aircraft Lease Agreement (Ubiquiti Networks, Inc.)

Amendments. No provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge discharge, or termination is sought, and no material amendment of this Agreement shall be effective until approved except as required permitted by applicable lawlaw and the prior written approval of the Adviser and the Board.

Appears in 19 contracts

Samples: Sub Sub Advisory Agreement (Massmutual Premier Funds), Sub Sub Advisory Agreement (MassMutual Access Pine Point Fund), Sub Sub Advisory Agreement (MML Series Investment Fund II)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orallyterminated, but only except by an instrument in writing signed by the party against which whom an enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 17 contracts

Samples: Fund Accounting Agreement (Kent Funds), Distribution Agreement (Kent Funds), Fund Accounting Agreement (Kent Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund’s outstanding voting securities.

Appears in 14 contracts

Samples: Investment Advisory Agreement (Legg Mason Global Asset Management Trust), Investment Advisory and Management Agreement (Legg Mason Global Asset Management Trust), Agreement (Legg Mason Global Asset Management Trust)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Trust, Series and/or Class shall be effective until approved as required by applicable lawthe Board.

Appears in 13 contracts

Samples: Administration Agreement (American Beacon Funds), Administration Agreement (Eagle Series Trust), Administration Agreement (Eagle Growth & Income Fund)

Amendments. No provision of Neither this Agreement nor any of its terms may be changedchanged or modified, waived, discharged or terminated orally, but only (unless as otherwise provided hereunder) except by an instrument in writing signed by an authorized representative of the party against which whom the enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 11 contracts

Samples: Management Agreement, Management Agreement, Management Agreement

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved with such approvals as required by applicable law.

Appears in 10 contracts

Samples: Investment Advisory Agreement (Aston Funds), Investment Advisory Agreement (Highbury Financial Inc), Investment Management Agreement (Allstate Financial Investment Trust)

Amendments. No provision of Neither this Agreement nor any of its provisions may be changed, waivedamended, modified, waived or discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiveramendment, modification, waiver or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 10 contracts

Samples: Loan Agreement (WORTHPOINT Corp), Pro Security Agreement (Xplorer S A), Commercial Security Agreement (Dailey Petroleum Services Corp)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orallyterminated, but only except by an instrument in writing signed by the party or parties against which whom an enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 10 contracts

Samples: Investment Advisory Agreement (Infinity Mutual Funds Inc), Investment Advisory Agreement (Amsouth Mutual Funds), Investment Advisory Agreement (Infinity Mutual Funds Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Series shall be effective until approved as by the Board and such Series shareholders to the extent required by applicable lawthe 1940 Act.

Appears in 10 contracts

Samples: Investment Advisory Agreement (Carillon Series Trust), Investment Advisory Agreement (Heritage Income Trust), Investment Advisory Agreement (Eagle Growth & Income Fund)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Trust or Fund thereof shall be effective until approved as by the Board and such Trust or Fund shareholders to the extent required by applicable lawthe 1940 Act.

Appears in 9 contracts

Samples: Beacon Institutional Funds Trust Sub Administrative Services Fee Agreement (American Beacon Funds), Beacon Institutional Funds Trust (American Beacon Sound Point Enhanced Income Fund), Management Agreement (American Beacon Select Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no amendment of this Agreement shall be effective with respect to a Fund until approved as by a vote of a majority of the outstanding voting securities of such Fund, if such approval is required by applicable law.

Appears in 9 contracts

Samples: Subadvisory Agreement (Atlas Assets Inc), Sub Advisory Agreement (Atlas Assets Inc), Subadvisory Agreement (Atlas Funds)

Amendments. No term or provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawboth parties.

Appears in 8 contracts

Samples: Aircraft Time Sharing Agreement (Bank of America Corp /De/), Aircraft Time Sharing Agreement (Bank of America Corp /De/), Aircraft Time Sharing Agreement (Chubb LTD)

Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 7 contracts

Samples: Building Loan Agreement (Spurlock Industries Inc), Building Loan Agreement (Alterra Healthcare Corp), Building Loan Agreement (Angiodynamics Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement as to the Fund shall be effective until approved as by vote of a majority of the Fund’s outstanding voting securities, if required by the 1940 Act or other applicable law.

Appears in 7 contracts

Samples: Investment Advisory Agreement (Drexel Hamilton Mutual Funds), Investment Advisory Agreement (Centre Funds), Investment Advisory Agreement (Drexel Hamilton Mutual Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a the Trust or a Fund shall be effective until approved as required by applicable lawthe Board.

Appears in 7 contracts

Samples: Amended And (Us Global Investors Funds), Administrative Services Agreement (Us Global Investors Funds), Amended And (U S Global Investors Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and and, to the extent required by law, no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund’s outstanding voting securities.

Appears in 7 contracts

Samples: Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust)

Amendments. No provision of this Agreement may be changed, waiveddischarged, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 6 contracts

Samples: Accounting and Administration Agreement (Security Capital Employee Reit Fund Inc), Accounting and Administration Agreement (Security Capital Real Estate Mutual Funds Inc), Administration Agreement (Security Capital Employee Reit Fund Inc)

Amendments. No provision of this Agreement agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no amendment of this Agreement shall be effective until approved as by a vote of a majority of the outstanding voting securities of the Global Series, if such approval is required by applicable law.

Appears in 6 contracts

Samples: Portfolio Management Agreement (Fremont Mutual Funds Inc), Portfolio Management Agreement (Fremont Mutual Funds Inc), Management Agreement (Fremont Mutual Funds Inc)

Amendments. No provision modification, waiver, amendment, discharge or change of this Agreement may shall be changed, waived, discharged or terminated orally, but only by an instrument valid unless the same is in writing and signed by the party against which the enforcement of the changesaid modification, waiver, amendment, discharge or termination change is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 6 contracts

Samples: Agreement (Gulf Resources, Inc.), Agreement (Gulf Resources, Inc.), Independent Director Agreement (QKL Stores Inc.)

Amendments. No term or provision of this Agreement may be changed, waivedamended, discharged or terminated orally, but only except by an instrument in writing signed by the party against which the enforcement of the change, waiveramendment, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 6 contracts

Samples: Guarantee Agreement (Clay Thomas Moragne), Standby Purchase Agreement, Guarantee Agreement (Golden Queen Mining Co LTD)

Amendments. No provision of Neither this Agreement Agreement, nor any instruments related thereto, may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party Party against which whom enforcement of the a change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 6 contracts

Samples: Loan Agreement (Colmena Corp), Revolving Loan Agreement (Explorations Group Inc), Revolving Loan Agreement (Explorations Group Inc)

Amendments. No provision of this This Agreement may not be changed, waived, waived or discharged or terminated orally, but only by an instrument in writing writing, signed by the party against which enforcement of the such change, waiver, waiver or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 5 contracts

Samples: Change of Control Agreement (Simtek Corp), Change in Control Agreement (Penford Corp), Change of Control Agreement (Simtek Corp)

Amendments. No provision of this Agreement may be changed, waived---------- discharged, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 5 contracts

Samples: Administration Agreement (Security Capital U S Real Estate Shares Inc), Accounting and Administration Agreement (Security Capital U S Real Estate Shares Inc), Accounting and Administration Agreement (Security Capital U S Real Estate Shares Inc)

Amendments. No provision of this Agreement may be changedamended, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the changeamendment, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 5 contracts

Samples: Loan Consolidation Agreement (Consolidated Envirowaste Industries Inc), Convertible Loan Agreement (Idaho Consolidated Metals Corp), Convertible Loan Agreement (Idaho Consolidated Metals Corp)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no material amendment of this Agreement shall be effective with respect to a Fund until approved as by a vote of a majority of the outstanding voting securities of such Fund, if such approval is required by applicable law.

Appears in 5 contracts

Samples: Subadvisory Agreement (Atlas Assets Inc), Subadvisory Agreement (Atlas Funds), Sub Advisory Agreement (Atlas Assets Inc)

Amendments. No provision Except as specifically provided herein, neither this Agreement, nor any of this Agreement its term or provisions, may be changed, waived, discharged or terminated orallyterminated, but only except by an a written instrument in writing signed by the party against which the enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 5 contracts

Samples: Signatory Lease and Operating Agreement, Signatory Lease and Operating Agreement, Signatory Lease and Operating Agreement

Amendments. No Subject to the provisions of the Act, no provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 5 contracts

Samples: Investment Advisory Agreement (Centaur Mutual Funds Trust), Investment Advisory Agreement (Centaur Mutual Funds Trust), Investment Advisory Agreement (Centaur Mutual Funds Trust)

Amendments. No provision of Neither this Agreement nor any provision hereof may be changedamended, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the changeamendment, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 5 contracts

Samples: Loan Agreement (Patriot Power Corp.), Loan Agreement (Crosshair Exploration & Mining Corp), Loan Agreement (Patriot Power Corp.)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund's outstanding voting securities.

Appears in 5 contracts

Samples: Investment Advisory Agreement (Firstmark Partners), Investment Advisory Agreement (Tristar Investment Trust), Investment Advisory Agreement (Berkshire Funds)

Amendments. No provision Except as specifically provided herein, neither this Agreement, nor any of this Agreement its terms or provisions, may be changed, waived, discharged discharged, or terminated orallyterminated, but only except by an a written instrument in writing signed by the party against which the enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 4 contracts

Samples: Non Affiliate Non Signatory Airline Operating Agreement, Airport Cargo Operating Agreement, Authority Airline Operating and Lease Agreement

Amendments. No provision of Neither this Agreement nor any provision hereof may be amended, changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 4 contracts

Samples: Loan Agreement (Investors Real Estate Trust), Construction and Term Loan Agreement (Investors Real Estate Trust), Loan Agreement (Investors Real Estate Trust)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 4 contracts

Samples: Sub Advisory Agreement (Ing Series Fund Inc), Sub Advisory Agreement (Ing Series Fund Inc), Sub Advisory Agreement (Ing Series Fund Inc)

Amendments. No provision modification, waiver, amendment, discharge or change of this Agreement may agreement shall be changed, waived, discharged or terminated orally, but only by an instrument valid unless the same is in writing and signed by the party against which the enforcement of the changesaid modification, waiver, amendment, discharge or termination change is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 4 contracts

Samples: Agreement (Jade Art Group Inc.), Home System Group (Home System Group), Agreement (Universal Travel Group)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Fund shall be effective until approved as by the Company Board or the Trust Board and Company shareholders to the extent required by applicable lawthe 1940 Act.

Appears in 4 contracts

Samples: Management Agreement (American Beacon Funds), Management Agreement (American Beacon Funds), Management Agreement (American Beacon Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Trust's outstanding voting securities.

Appears in 4 contracts

Samples: Investment Advisory Agreement (Cm Advisers Family of Funds), Investment Advisory Agreement (NCM Capital Investment Trust), Investment Advisory Agreement (Tilson Investment Trust)

Amendments. No provision of this This Agreement may shall not be changedamended, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the changeamendment, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 4 contracts

Samples: Loan Agreement (Hybrid Technologies Inc.), Loan Agreement (Li-on Motors Corp.), Loan Agreement (Li-Ion Motors Corp.)

Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 4 contracts

Samples: Revolving Loan Agreement (Superior Uniform Group Inc), Revolving Loan Agreement (Superior Uniform Group Inc), Loan Agreement for Construction and Other Matters (Goldfield Corp)

Amendments. No provision of this Agreement may shall be changed, waived, discharged or terminated orallyamended, but only except by an instrument in writing signed by the party against which enforcement of the changewhom any such waiver, waivermodification, discharge or termination amendment is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 4 contracts

Samples: Securities Subscription Agreement (Krantor Corp), Securities Subscription Agreement (American International Petroleum Corp /Nv/), Securities Subscription Agreement (Sequester Holdings Inc/Nv)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved in accordance with the requirements of the 1940 Act, as required such requirements may be modified by applicable lawrule, regulation, order or guidance of the SEC or its staff.

Appears in 4 contracts

Samples: Subadvisory Agreement (Clearwater Investment Trust), Subadvisory Agreement (Clearwater Investment Trust), Subadvisory Agreement (Clearwater Investment Trust)

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Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . No amendment of this Agreement shall be effective until approved as required by applicable lawvote of a majority of the outstanding voting securities of the Fund.

Appears in 3 contracts

Samples: Sub Advisory Agreement (Allegiant Funds), Sub Advisory Agreement (Allegiant Funds), Sub Advisory Agreement (Allegiant Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only except by an instrument in writing signed by the party against which all enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: Distribution Agreement (Excelsior Institutional Trust), Distribution Agreement (Excelsior Institutional Trust), Distribution Agreement (Excelsior Funds Trust)

Amendments. No Except as otherwise expressly provided herein, no provision of this Agreement may be changedmodified, waived, discharged waived or terminated orally, but only except by an instrument agreement in writing signed executed by the party against which enforcement of the changewhom such modification, waiver, discharge waiver or termination is sought, and no amendment of this Agreement shall sought to be effective until approved as required by applicable lawenforced.

Appears in 3 contracts

Samples: Proposal Agreement, Proposal Agreement, Proposal Agreement

Amendments. No provision of this Agreement may be changed, waived, ---------- discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: Co Administration Agreement (Nations Master Investment Trust), Co Administration Agreement (Nations Separate Account Trust), Administration Agreement (Nations Funds Trust)

Amendments. No term or provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which whom the enforcement of the such change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: Rebate Agreement (Consumers Us Inc), Rebate Agreement (Consumers Us Inc), Strategic Supply Agreement (Consumers Us Inc)

Amendments. No provision of Neither this Agreement nor any term or provision hereof may be changed, waived, waived or discharged or terminated orally, but only by an instrument in writing signed by the party against which the enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: Operator   management   agreement (Digital Cinema Destinations Corp.), Management Services Agreement (Cinemark Inc), Management Services Agreement (Cinemark Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . A written amendment of this Agreement shall be is effective until approved as required by applicable lawupon the approval of each Board and the Manager.

Appears in 3 contracts

Samples: Allocation Agreement (Ing Series Fund Inc), Allocation Agreement (Ing Vp Money Market Portfolio), Allocation Agreement (Ing Vp Bond Portfolio)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . No amendment of this Agreement shall be effective until approved as by vote of a majority of the outstanding voting securities of the Fund to the extent required by applicable lawunder the 1940 Act.

Appears in 3 contracts

Samples: Sub Advisory Agreement (PNC Funds), Sub Advisory Agreement (Allegiant Funds), Sub Advisory Agreement (Allegiant Funds)

Amendments. No provision of Neither this Agreement nor any term or provision hereof, may be changed, waived, waived or discharged or terminated orally, but only except by an instrument in writing signed by the party against which the enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: Surety Agreement (Sedona Corp), Surety Agreement (Sedona Corp), Surety Agreement (Sedona Corp)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Fund shall be effective until approved as by the Board and such Fund’s shareholders to the extent required by applicable lawthe 1940 Act.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Chou America Mutual Funds), Investment Advisory Agreement (PineBridge Mutual Funds), Investment Advisory Agreement (PineBridge Mutual Funds)

Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement endorsement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: License Agreement (Sforza Enterprises Inc), License Agreement (Sforza Enterprises Inc), License Agreement (Sforza Enterprises Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or ---------- terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 3 contracts

Samples: Administration Agreement (Nations Funds Trust), Co Administration Agreement (Nations Master Investment Trust), Administration Agreement (Nations Funds Trust)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no amendment of this Agreement shall be effective until approved as by a vote of a majority of the outstanding voting securities of the Fund, if such approval is required by applicable law.

Appears in 3 contracts

Samples: Subadvisory Agreement (Atlas Assets Inc), Form of Subadvisory Agreement (Atlas Funds), Subadvisory Agreement (Atlas Assets Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Fund shall be effective until approved as by the Board and such Fund shareholders to the extent required by applicable lawthe 1940 Act.

Appears in 3 contracts

Samples: Management Agreement (American Beacon Funds), Management Agreement (American Beacon Funds), Beacon Select Funds Management Agreement (American Beacon Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.which

Appears in 3 contracts

Samples: Management Agreement (Voya VARIABLE FUNDS), Management Agreement (Voya MONEY MARKET PORTFOLIO), Management Agreement (Voya BALANCED PORTFOLIO INC)

Amendments. No provision of this This Agreement may not be changed, waived, changed or discharged or terminated orally, but only by an instrument agreement in writing and signed by the party against which enforcement of the changeSecured Party, and any oral waiver, change or discharge or termination is sought, and no amendment of any provision of this Agreement shall be effective until approved as required by applicable lawwithout authority and of no force and effect.

Appears in 3 contracts

Samples: Security Agreement (Green Mountain Coffee Inc), Security Agreement (Presstek Inc /De/), Security Agreement (Presstek Inc /De/)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Funds' outstanding voting securities.

Appears in 3 contracts

Samples: Investment Advisory Agreement (Amidex Funds Inc), Investment Advisory Agreement (Amidex Funds Inc), Investment Advisory Agreement (Amidex Funds Inc)

Amendments. No provision Neither this Agreement nor any term of this Agreement may be orally changed, waived, discharged discharged, or terminated orallyterminated, but only except by an instrument in writing a written agreement signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Transition Agreement (Servicesource International, Inc.), Transition Agreement (Neuronetics, Inc.)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the 0holders of a majority of the Trust's · outstanding voting securities.

Appears in 2 contracts

Samples: Interim Investment Sub Advisory Agreement (Starboard Investment Trust), Interim Investment Sub Advisory Agreement (Starboard Investment Trust)

Amendments. No term or provision of this Agreement may be changedamended, waived, discharged or terminated orally, orally but only by an instrument in writing signed by the party against which whom the enforcement of the changesuch amendment, waiver, discharge or termination is sought, and no amendment of this Agreement . Any waiver shall be effective until approved as required by applicable lawonly in accordance with its express terms and conditions.

Appears in 2 contracts

Samples: Agreement (Standard Management Corp), Stock and Real Estate Purchase Agreement (Standard Management Corp)

Amendments. No provision of this Agreement agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, sought and no amendment of this Agreement shall be effective until approved as by a vote of a majority of the outstanding voting securities of the International Growth Series, if such approval is required by applicable law.

Appears in 2 contracts

Samples: Portfolio Management Agreement (Fremont Mutual Funds Inc), Portfolio Management Agreement (Fremont Mutual Funds Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall will be effective until approved as required in a manner consistent with the 1940 Act and rules and regulations under the 1940 Act and any applicable SEC exemptive order from such rules and regulations. Any such instrument signed by applicable law.the Fund must be (a) approved by the vote of a majority of

Appears in 2 contracts

Samples: Investment Management Agreement (Fundrise Growth Tech Interval Fund, LLC), Investment Management Agreement (Fundrise Income Real Estate Fund, LLC)

Amendments. No provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by in accordance with applicable law.

Appears in 2 contracts

Samples: Robertson Stephens Investment Trust, Robertson Stephens Investment Trust

Amendments. No provision of this This Agreement may not be changed, waived, discharged or terminated orally, but only by an instrument in writing writing, signed by the party against which enforcement of the such change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Executive Employment Agreement (Mavenir Private Holdings II Ltd.), Independent Contractor Non (Speaking Roses International Inc)

Amendments. No provision of this This Agreement may not be waived, changed, waivedmodified, or discharged or terminated orally, but only by an instrument agreement in writing signed by the party or parties against which whom enforcement of the any waiver, change, modification or discharge is sought or by parties with the right to consent to such waiver, change, modification or discharge or termination is sought, and no amendment on behalf of this Agreement shall be effective until approved as required by applicable lawsuch party.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Idenix Pharmaceuticals Inc), Stock Purchase Agreement (Corrections Corporation of America)

Amendments. No provision of Neither this Agreement nor any of its provisions may be changed, waivedamended, modified, waived or discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiveramendment, modification waiver or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Security Agreement (Dynacq International Inc), Security Agreement (Dynacq International Inc)

Amendments. No provision of this Agreement may be changed, ---------- waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Distribution Agreement (Builders Proloan Fund Inc), Distribution Agreement (Builders Proloan Fund Inc)

Amendments. No provision of this Agreement may be changed, waived, ---------- discharged or terminated orally, but only except by an instrument in writing signed by the party against which an enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Distribution Agreement (Unified Series Trust), Unified Series Trust Distribution Agreement (Unified Series Trust)

Amendments. No provision of this Agreement may be changed, waived, ---------- discharged or terminated orally, but only by telephone or by any other means except by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Indemnity Agreement (JDN Realty Corp), Indemnity Agreement (Harrys Farmers Market Inc)

Amendments. No provision None of the terms or provisions of this Agreement may be changed, waived, modified, discharged or terminated orally, but only except by an instrument in writing signed executed by the party or parties against which whom enforcement of the change, waiver, modification, discharge or termination is sought, and no amendment asserted. None of the terms or provisions of this Agreement shall be effective until approved as required deemed to have been abrogated or waived by applicable lawreason of any failure or failures to enforce the same.

Appears in 2 contracts

Samples: Loan Agreement (LiquidValue Development Inc.), Loan Agreement (HF Enterprises Inc.)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to the Trust or Fund thereof shall be effective until approved as by the Board and the Trust or Fund shareholders to the extent required by applicable lawthe 1940 Act.

Appears in 2 contracts

Samples: Management Agreement (American Beacon Institutional Funds Trust), Management Agreement (American Beacon Institutional Funds Trust)

Amendments. No provision of this Agreement may be amended, changed, waived, waived or discharged or terminated orally, but only by an instrument in writing specifying the provision intended to be amended, changed, waived or discharged and signed by the party against which whom enforcement of the such amendment, change, waiver, waiver or discharge or termination is sought, sought and no amendment provision of this Agreement shall be effective until approved as required varied, contradicted or explained by applicable lawany oral agreement, course of dealing or performance or any other matter not set forth in an agreement in writing and signed by the party against whom enforcement of such agreement is sought.

Appears in 2 contracts

Samples: Aircraft Purchase Agreement (Afg Investment Trust D), Aircraft Purchase Agreement (Allegiant Travel CO)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to the Company shall be effective until approved as required by applicable lawthe Company Board.

Appears in 2 contracts

Samples: Administration Agreement (American Beacon Funds), Administration Agreement (American Beacon Funds)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no material amendment of this Agreement as to a given Fund shall be effective until approved as by the Board and such Fund’s shareholders to the extent required by applicable lawthe Investment Company Act.

Appears in 2 contracts

Samples: American Beacon Funds Lead Investment Advisory Agreement (American Beacon Funds), American Beacon Funds Lead Investment Advisory Agreement (American Beacon Funds)

Amendments. No provision of Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which whom enforcement of the change, waiver, discharge or termination is sought, and no amendment in the case of this Agreement shall be effective until the Lenders, which is approved as required by applicable lawprovided in Section 7.2 hereof.

Appears in 2 contracts

Samples: Building Loan Agreement (Brookdale Living Communities Inc), Soft Cost Loan Agreement (Brookdale Living Communities Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged discharged, or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge discharge, or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable lawvote of the holders of a majority of the Fund’s outstanding voting securities.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Ultimus Managers Trust), Investment Advisory Agreement (Ultimus Managers Trust)

Amendments. No provision of this Agreement agreement may be changed, waived, discharged changed or terminated modified, or the discharge thereof acknowledged orally, but only by an instrument agreement in writing signed by the party against which the enforcement of the any waiver, change, waiver, modification or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Danaher Corp /De/), Stock Purchase Agreement (Align Technology Inc)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought, and no . A written amendment of this Agreement shall be is effective until approved as required by applicable lawupon the approval of the Board of Managers.

Appears in 2 contracts

Samples: Omission Liability Insurance Agreement (Torrey Us Strategy Partners LLC), Omission Liability Insurance Agreement (Torrey International Strategy Partners LLC)

Amendments. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, waiver or discharge or termination is sought, and no amendment of this Agreement shall be effective until approved as required by applicable law.

Appears in 2 contracts

Samples: Sub Administration Agreement (LKCM Fund), Sub Administration Agreement (LKCM Fund)

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