Common use of Termination and Amendment of this Agreement Clause in Contracts

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by the Distributor, (ii) by the Adviser, (iii) either by action of the Board of Trustees of the Fund or at a meeting of the Shareholders of the Fund by the affirmative vote of a majority of the outstanding Shares, and (iv) by a majority of the Trustees of the Fund who are not interested persons of the Fund, of the Adviser or of the Distributor by vote cast in person at a meeting called for the purpose of voting on such approval. Any of the Fund, the Adviser or the Distributor may at any time terminate this Agreement on sixty (60) days written notice delivered or mailed by registered mail, postage prepaid, to the other parties.

Appears in 12 contracts

Samples: Distribution Agreement (American Pension Investors Trust), Distribution Agreement (Bruce Fund Inc), Distribution Agreement (Bruce Fund Inc)

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Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by the Distributor, (ii) by the Adviser, (iii) either by action of the Board of Trustees of the Fund Funds or at a meeting of the Shareholders of the Fund Funds by the affirmative vote of a majority of the outstanding Shares, and (iviii) by a majority of the Trustees of the Fund Funds who are not interested persons of the Fund, of the Adviser Funds or of the Distributor by vote cast in person at a meeting called for the purpose of voting on such approval. Any of Either the Fund, the Adviser Funds or the Distributor may at any time terminate this Agreement on sixty (60) days written notice delivered or mailed by registered mail, postage prepaid, to the other parties.

Appears in 4 contracts

Samples: Huntington Funds (Huntington Funds), Huntington Funds (Huntington Funds), Distribution Agreement (Huntington Funds)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by the Distributor, (ii) by the Adviser, (iii) either by action of the Board of Trustees of the Fund Trust or at a meeting of the Shareholders of the Fund Trust by the affirmative vote of a majority of the outstanding Shares, and (iv) by a majority of the Trustees of the Fund Trust who are not interested persons of the FundTrust, of the Adviser or of the Distributor by vote cast in person at a meeting called for the purpose of voting on such approval. Any of the FundTrust, the Adviser or the Distributor may at any time terminate this Agreement on sixty (60) days written notice delivered or mailed by registered mail, postage prepaid, to the other parties.

Appears in 3 contracts

Samples: Distribution Agreement (LCM Landmark Series Trust), Distribution Agreement (Dreman Contrarian Funds), Distribution Agreement (Dreman Contrarian Funds)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignmentassignment or the expulsion of the Distributor as a member of the NASD. This Agreement may be amended only if such amendment is approved (i) by the Distributor, (ii) by the Adviser, (iii) either by action of the Board of Trustees of the Fund Trust or at a meeting of the Shareholders of the Fund Trust by the affirmative vote of a majority of the outstanding Shares, and (iviii) by a majority of the Trustees of the Fund Trust who are not interested persons of the Fund, of the Adviser Trust or of the Distributor by vote cast in person at a meeting called for the purpose of voting on such approval. Any of Either the Fund, the Adviser Trust or the Distributor may at any time terminate this Agreement on sixty (60) days days' written notice delivered or mailed by registered mail, postage prepaid, to the other partiesparty.

Appears in 2 contracts

Samples: Distribution Agreement (Surgeons Diversified Investment Fund), Distribution Agreement (Surgeons Diversified Investment Fund)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by the DistributorFDCC, (ii) by the Adviser, (iii) either by action affirmative consent of the Board of Trustees of the Fund or Trust, (iii) at a meeting of the Shareholders of the Fund Trust by the affirmative vote of a majority of the outstanding Shares, and (iv) by a majority of the Trustees of the Fund Trust who are not "interested persons of persons", as defined by the FundAct, of the Adviser Funds or of the Distributor FDCC by vote cast in person at a meeting called for the purpose of voting on such approval. Any of Either the Fund, the Adviser Trust or the Distributor FDCC may at any time terminate this Agreement on sixty (60) days days' written notice delivered or mailed by registered mail, postage prepaid, to the other partiesparty.

Appears in 1 contract

Samples: Principal Underwriter Agreement (World Funds Trust)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by the Distributor, (ii) by the Adviser, (iii) either by action of the Board of Trustees Directors of the Fund Company or at a meeting of the Shareholders of the Fund a Series by the affirmative vote of a majority of the outstanding Shares, and (iv) by a majority of the Trustees Directors of the Fund Company who are not interested persons of the FundCompany, of the Adviser or of the Distributor by vote cast in person at a meeting called for the purpose of voting on such approval. Any of the FundCompany, the Adviser or the Distributor may at any time terminate this Agreement on sixty (60) days days' written notice delivered or mailed by registered mail, postage prepaid, to the other parties.

Appears in 1 contract

Samples: Distribution Agreement (Weldon Capital Funds Inc)

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Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by the DistributorUnderwriter, (ii) by the Adviser, (iii) either by action of the Board of Trustees of the Fund Trust or at a meeting of the Shareholders of the Fund Trust by the affirmative vote of a majority of the outstanding SharesShares (as defined in the Act), and (iviii) by a majority of the Trustees of the Fund Trust who are not interested persons of the Fund, of the Adviser Trust or of Underwriter (as defined in the Distributor Act) by vote cast in person at a meeting called for the purpose of voting on such approval. Any of Either the Fund, the Adviser Trust or the Distributor Underwriter may at any time terminate this Agreement without penalty on sixty (60) days days' written notice delivered or mailed by registered mail, postage prepaid, to the other partiesparty.

Appears in 1 contract

Samples: Underwriting Agreement (Stockjungle Com)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its "assignment" (as defined under the Investment Company Act of 1940. This Agreement may be amended only if such amendment is approved (i) by the DistributorUnderwriter, (ii) by the Adviser, (iii) either by action of the Board of Trustees of the Fund Trust or at a meeting of the Shareholders of the Fund Trust by the affirmative vote of a majority of the outstanding Shares, and (iviii) by a majority of the Trustees of the Fund Trust who are not interested persons of the Fund, of the Adviser Trust or of the Distributor Underwriter, by vote cast in person at a meeting called for the purpose of voting on such approval. Any of Either the Fund, the Adviser Trust or the Distributor Underwriter may at any time terminate this Agreement on sixty (60) days days' written notice delivered or mailed by registered mail, postage prepaid, to the other partiesparty.

Appears in 1 contract

Samples: Underwriting Agreement (Kenwood Funds)

Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by the Distributor, (ii) by the Adviser, (iii) either by action of the Board of Trustees of the Fund or at a meeting of the Shareholders of the Fund by the affirmative vote of a majority of the outstanding Shares, and (iv) by a majority of the Trustees of the Fund who are not interested persons of the Fund, of the Adviser or of the Distributor by vote cast in person at a meeting called for the purpose of voting on such approval. Any of the Fund, the Adviser or the Distributor may at any time terminate this Agreement on sixty (60) days days' written notice delivered or mailed by registered mail, postage prepaid, to the other parties.

Appears in 1 contract

Samples: Distribution Agreement (Ccmi Funds)

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