Common use of Term, Termination, Assignment and Amendment Clause in Contracts

Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved at least annually in conformity with the requirements of the 1940 Act. (b) Either party to this Agreement may terminate this Agreement by giving ten days’ written notice to the other, without payment of penalty. (c) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in bankruptcy, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s registration as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iv) Dealer’s FINRA membership is suspended or revoked, (v) Dealer’s license to do business in any state or other jurisdiction or federal regulatory agency is suspended or revoked, (vi) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (vii) the Distribution Agreement between Quasar and a Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “assignment,” within the meaning of the 1940 Act. (d) Termination of this Agreement by operation of this Paragraph 16 shall not affect any unpaid obligations under Paragraphs 3, 6 or 7 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 8, 9, 10 or 14 of this Agreement. (e) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of shares for its own account or on behalf of any Customer’s accounts following Dealer’s receipt of such notice. Amendments proposed by Dealer are effective only when accepted in writing and signed by both Dealer and Quasar.

Appears in 1 contract

Sources: Distribution Agreement (DoubleLine Funds Trust)

Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved by such Fund at least annually in conformity with the requirements of the 1940 Act. (b) Either party to this Agreement may terminate this Agreement by giving ten days’ written notice to the other, without payment of penalty. (c) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in any bankruptcy, insolvency or receivership proceedings, or an assignment for the benefit of creditors, is brought under any federal or state law by or against Dealer, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s registration registration, if any, as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iviii) Dealer’s FINRA membership membership, if any, is suspended or revoked, (viv) Dealer’s license to do business Dealer is not registered as a broker-dealer under the 1934 Act or in any a state or other jurisdiction in which it sells Fund Shares and there is not an applicable exemption from registration as a broker-dealer under the 1934 Act or federal regulatory agency is suspended in the state or revokedother jurisdiction in which it sells Fund Shares, (viv) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (viivi) the Distribution Agreement between Quasar and a such Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “assignment,” within the meaning of the 1940 Act. (d) Termination of this Agreement by operation of this Paragraph 16 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 or 7 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9, 10 9 or 14 13 of this Agreement. (e) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of shares for its own account or on behalf of any Customer’s accounts following Dealer’s receipt of such notice. Amendments proposed by Dealer are effective only when accepted in writing and signed by both Dealer and Quasar.of

Appears in 1 contract

Sources: Dealer Agreement (First American Funds Inc)

Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved by such Fund at least annually in conformity with the requirements of the 1940 Act. (b) Either party to this Agreement may terminate this Agreement by giving ten days' written notice to the other, without payment of penalty. (c) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in any bankruptcy, insolvency or receivership proceedings, or an assignment for the benefit of creditors, is brought under any federal or state law by or against Dealer, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy lawsDealer's registration, (iii) Dealer’s registration if any, as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iviii) Dealer’s 's FINRA membership membership, if any, is suspended or revoked, (viv) Dealer’s license to do business Dealer is not registered as a broker-dealer under the 1934 Act or in any a state or other jurisdiction in which it sells Fund Shares and there is not an applicable exemption from registration as a broker-dealer under the 1934 Act or federal regulatory agency is suspended in the state or revokedother jurisdiction in which it sells Fund Shares, (viv) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (viivi) the Distribution Agreement between Quasar and a such Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its "assignment," within the meaning of the 1940 Act. (d) Termination of this Agreement by operation of this Paragraph 16 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 or 7 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9, 10 9 or 14 13 of this Agreement. (e) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of shares Shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s 's receipt of such notice. Amendments proposed by Dealer are effective only when accepted in writing and signed by both Dealer and Quasar.First American 10/28/2009

Appears in 1 contract

Sources: Dealer Agreement (First American Investment Funds Inc)

Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved at least annually in conformity with the requirements of the 1940 Actuntil terminated. (b) Either party to this Agreement may terminate this Agreement by giving ten days’ written notice to the other, without payment of penalty. (c) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in any bankruptcy, insolvency or receivership proceedings, or an assignment for the benefit of creditors, is brought under any federal or state law by or against Dealer, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy laws, (iii) Dealer’s registration registration, if any, as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iviii) Dealer’s FINRA membership NASD membership, if any, is suspended or revoked, (viv) Dealer’s license to do business Dealer is not registered as a broker-dealer under the 1934 Act or in any a state or other jurisdiction in which it sells Fund Shares and there is not an applicable exemption from registration as a broker-dealer under the 1934 Act or federal regulatory agency is suspended in the state or revokedother jurisdiction in which it sells Fund Shares, (viv) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (viivi) the Distribution Agreement between Quasar and a Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its “assignment,” within the meaning of the 1940 Act. (d) Termination of this Agreement by operation of this Paragraph 16 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 or 7 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9, 10 9 or 14 13 of this Agreement. (e) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of shares Shares for its own account or on behalf of any Customer’s accounts following Dealer’s receipt of such notice. Amendments proposed by Dealer are effective only when accepted in writing and signed by both Dealer and Quasar.

Appears in 1 contract

Sources: Dealer Agreement (Keystone Mutual Funds)

Term, Termination, Assignment and Amendment. (a) This Agreement shall commence on the date first set forth above and shall continue in effect with respect to a Fund for more than one year only so long as such continuance is specifically approved by such Fund at least annually in conformity with the requirements of the 1940 Act. (b) Either party to this Agreement may terminate this Agreement by giving ten days' written notice to the other, without payment of penalty. (c) This Agreement shall terminate automatically with respect to any Fund if (i) Dealer files a petition in any bankruptcy, insolvency or receivership proceedings, or an assignment for the benefit of creditors, is brought under any federal or state law by or against Dealer, (ii) a trustee or receiver is appointed for Dealer or its assets under federal bankruptcy lawsDealer's registration, (iii) Dealer’s registration if any, as a broker-dealer with the Securities and Exchange Commission is suspended or revoked, (iviii) Dealer’s 's FINRA membership membership, if any, is suspended or revoked, (viv) Dealer’s license to do business Dealer is not registered as a broker-dealer under the 1934 Act or in any a state or other jurisdiction in which it sells Fund Shares and there is not an applicable exemption from registration as a broker-dealer under the 1934 Act or federal regulatory agency is suspended in the state or revokedother jurisdiction in which it sells Fund Shares, (viv) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against Dealer, or (viivi) the Distribution Agreement between Quasar and a such Fund is terminated (including as a result of an assignment). This Agreement also shall terminate automatically in the event of its "assignment," within the meaning of the 1940 Act. (d) Termination of this Agreement by operation of this Paragraph 16 15 shall not affect any unpaid obligations under Paragraphs 3, 5 or 6 or 7 of this Agreement or the liability, legal and indemnity obligations set forth under Paragraphs 7, 8, 9, 10 9 or 14 13 of this Agreement. (e) This Agreement may be amended by Quasar upon written notice to Dealer, and Dealer shall be deemed to have consented to such amendment upon effecting any purchases of shares for its own account or on behalf of any Customer’s 's accounts following Dealer’s 's receipt of such notice. Amendments proposed by Dealer are effective only when accepted in writing and signed by both Dealer and Quasar.First American 12/10/2008 6

Appears in 1 contract

Sources: Dealer Agreement (First American Strategy Funds Inc)