Common use of ESSENTIAL PERSONNEL Clause in Contracts

ESSENTIAL PERSONNEL. The Distributor and the Fund agree that the retention of (i) the chief executive officer, president, treasurer and secretary of the Distributor, and (ii) each director, officer and employee of the Distributor or any of its affiliates (as defined in the Investment Company Act of 1940, as amended (the "1940 Act")) who serves as an officer of the Fund (each person referred to in (i) or (ii) hereinafter being referred to as an "Essential Person "), in his or her current capacities, is in the best interest of the Fund and the Fund's shareholders. In connection with the Distributor's acceptance of employment hereunder, the Distributor hereby agrees and covenants for itself and on behalf of its Affiliates that neither the Distributor nor any of its Affiliates shall replace or seek to replace any Essential Person or cause to be replaced any Essential Person, in each case without first consulting with the Board of Trustees of the Fund in a timely manner. In addition, neither the Distributor nor any Affiliate of the Distributor shall change or seek to change or cause to be changed, in any material respect, the duties and responsibilities of any Essential Person, in each case without first consulting with the Board of Trustees of the Fund in a timely manner.

Appears in 16 contracts

Samples: Distribution and Service Agreement (Van Kampen American Capital Enterprise Fund/), Distribution and Service Agreement (Van Kampen American Capital Tax Free Trust), Distribution and Service Agreement (Van Kampen American Capital Real Estate Securities Fund)

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ESSENTIAL PERSONNEL. The Distributor and the Fund agree that the retention of (i) the chief executive officer, president, treasurer chief financial officer and secretary of the Distributor, Distributor and (ii) each director, officer and employee of the Distributor or any of its affiliates Affiliates (as defined in the Investment Company Act of 1940, as amended (the "1940 Act")) who serves as an officer of the Fund (each person referred to in (i) or (ii) hereinafter being referred to as an "Essential Person Person"), in his or her current capacities, is in the best interest of the Fund and the Fund's shareholders. In connection with the Distributor's acceptance of employment hereunder, the Distributor hereby agrees and covenants for itself and on behalf of its Affiliates that neither the Distributor nor any of its Affiliates shall make any material or significant personnel changes or replace or seek to replace any Essential Person or cause to be replaced any Essential Person, in each case without first consulting with informing the Board of Trustees of the Fund in a timely manner. In additionAddition, neither the Distributor nor any Affiliate of the Distributor shall change or seek to change or cause to be changed, in any material respect, the duties and responsibilities of any Essential Person, in each case without first consulting with informing the Board of Trustees of the Fund in a timely manner.

Appears in 12 contracts

Samples: Distribution and Service Agreement (Van Kampen Equity Trust), Distribution and Service Agreement (Van Kampen Trust), Distribution and Service Agreement (Van Kampen Equity Trust Ii)

ESSENTIAL PERSONNEL. The Distributor and the each Fund agree that the retention of (i) the chief executive officer, president, treasurer and secretary of the Distributor, and (ii) each director, trustee, officer and employee of the Distributor or any of its affiliates (as defined in the Investment Company Act of 1940, as amended (the "1940 Act")) who serves as an executive officer of the Fund (each person referred to in (i) or (ii) hereinafter being referred to as an "Essential Person Person"), in his or her current capacities, is in the best interest of the Fund and the Fund's shareholders. In connection with the Distributor's acceptance of employment hereunder, the Distributor hereby agrees and covenants for itself and on behalf of its Affiliates affiliates that neither the Distributor nor any of its Affiliates affiliates shall replace or seek to replace any Essential Person or cause to be replaced any Essential Person, in each case without first consulting with the Board of Trustees of the Fund in a timely manner. In addition, neither the Distributor nor any Affiliate affiliate of the Distributor shall change or seek to change or cause to be changed, in any material respect, the duties and responsibilities of any Essential Person, in each case without first consulting with the Board of Trustees of the Fund in a timely manner.

Appears in 5 contracts

Samples: Distribution and Service Agreement (Van Kampen Life Investment Trust), Distribution and Service Agreement (Van Kampen Equity Trust), Distribution and Service Agreement (Van Kampen Harbor Fund)

ESSENTIAL PERSONNEL. The Distributor and the Fund agree that the retention of (i) the chief executive officer, president, treasurer and secretary of the Distributor, and (ii) each director, officer and employee of the Distributor or any of its affiliates (as defined in the Investment Company Act of 1940, as amended (the "1940 Act")) who serves as an officer of the Fund (each person referred to in (i) or (ii) hereinafter being referred to as an "Essential Person Person"), in his or her current capacities, is in the best interest of the Fund and the Fund's shareholders. In connection with the Distributor's acceptance of employment hereunder, the Distributor hereby agrees and covenants for itself and on behalf of its Affiliates that neither the Distributor nor any of its Affiliates shall replace or seek to replace any Essential Person or cause to be replaced any Essential Person, in each case without first consulting with the Board of Trustees of the Fund in a timely manner. In addition, neither the Distributor nor any Affiliate of the Distributor shall change or seek to change or cause to be changed, in any material respect, the duties and responsibilities of any Essential Person, in each case without first consulting with the Board of Trustees of the Fund in a timely manner.

Appears in 3 contracts

Samples: Distribution and Service Agreement (Van Kampen American Capital Limited Maturity Government Fund), Distribution and Service Agreement (Van Kampen American Capital Comstock Fund/), Distribution and Service Agreement (Van Kampen American Capital Life Investment Trust/)

ESSENTIAL PERSONNEL. The Distributor and the Fund agree that the retention of (i) the chief executive officer, president, treasurer and secretary of the Distributor, and (ii) each director, officer and employee of the Distributor or any of its affiliates (as defined in the Investment Company Act of 1940, as amended (the "1940 Act")) who serves as an officer of the Fund (each person referred to in (i) or (ii) hereinafter being referred to as an "Essential Person Person"), in his or her current capacities, is in the best interest of the Fund and the Fund's shareholders. In connection with the Distributor's acceptance of employment hereunder, the Distributor hereby agrees and covenants for itself and on behalf of its Affiliates that neither the Distributor nor any of its Affiliates shall replace or seek to replace any Essential Person or cause to be replaced any Essential Person, in each case without first consulting with the Board of Trustees of the Fund in a timely manner. In addition, neither the Distributor nor any Affiliate of the Distributor shall change or seek to change or cause to be changed, in any material respect, the duties and responsibilities of any Essential Person, in each case without first consulting with the Board of Trustees of the Fund in a timely manner.

Appears in 2 contracts

Samples: Distribution and Service Agreement (Van Kampen American Capital Reserve Fund), Distribution and Service Agreement (Van Kampen American Capital U S Government Trust)

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ESSENTIAL PERSONNEL. The Distributor and the Fund agree that the retention of (i) the chief executive officer, president, treasurer and secretary of the Distributor, and (ii) each director, officer and employee of the Distributor or any of its affiliates (as defined in the Investment Company Act of 1940, as amended (the "1940 Act")) who serves as an officer of the Fund (each person referred to in (i) or (ii) hereinafter being referred to as an "Essential Person "), in his or her current curr capacities, is in the best interest of the Fund and the Fund's shareholders. In connection with the Distributor's acceptance of employment hereunder, the Distributor hereby agrees and covenants for itself and on behalf of its Affiliates that neither the Distributor nor any of its Affiliates shall replace or seek to replace any Essential Person or cause to be replaced any Essential Person, in each case without first consulting with the Board of Trustees of the Fund in a timely manner. In addition, neither the Distributor nor any Affiliate of the Distributor shall change or seek to change or cause to be changed, in any material respect, the duties and responsibilities of any Essential Person, in each case without first consulting with the Board of Trustees of the Fund in a timely manner.

Appears in 1 contract

Samples: Distribution and Service Agreement (Van Kampen American Capital Tax Exempt Trust)

ESSENTIAL PERSONNEL. The Distributor and the each Fund agree that the retention of (i) the chief executive officer, president, treasurer and secretary of the Distributor, and (ii) each director, trustee, officer and employee of the Distributor or any of its affiliates (as defined in the Investment Company Act of 1940, as amended (the "1940 Act")) who serves as an executive officer of the Fund (each person referred to in (i) or (ii) hereinafter being referred to as an "Essential Person "Person”), in his or her current capacities, is in the best interest of the Fund and the Fund's ’s shareholders. In connection with the Distributor's ’s acceptance of employment hereunder, the Distributor hereby agrees and covenants for itself and on behalf of its Affiliates affiliates that neither the Distributor nor any of its Affiliates affiliates shall replace or seek to replace any Essential Person or cause to be replaced any Essential Person, in each case without first consulting with the Board of Trustees of the Fund in a timely manner. In addition, neither the Distributor nor any Affiliate affiliate of the Distributor shall change or seek to change or cause to be changed, in any material respect, the duties and responsibilities of any Essential Person, in each case without first consulting with the Board of Trustees of the Fund in a timely manner.

Appears in 1 contract

Samples: Distribution and Service Agreement (Van Kampen Reserve Fund)

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