Common use of Termination and Survival Clause in Contracts

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination of the Investment Advisory Agreement, or (ii) the Board of Directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the Advisor.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementof this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund of the Investment Advisory Agreement, dated February 27, 2015, between the Master Fund and W. P. ▇▇▇▇▇ or (ii) the Board board of Directors trustees of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorAdvisors.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementof this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor at any timeFSH, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Fund of the Amended and Restated Investment Advisory Agreement, dated October 9, 2013, by and between the Fund and FSGA or (ii) the Board board of Directors trustees of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorFSH.

Termination and Survival. (a) This Agreement shall become effective as of the date that of the Company meets the minimum offering requirement as such term is defined in the Registration StatementCompany’s Initial Closing. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor at any timeInvestment Manager, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination of the Investment Advisory Management Agreement, or (ii) the Board of Directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 2 and 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 1 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments amounts that have not been reimbursed by the Company to the AdvisorInvestment Manager.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementof this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor Freedom Capital Investment Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Company of the Investment Advisory and Administrative Services Agreement, dated [___], between the Company and Freedom Capital Investment Advisors or (ii) the Board board of Directors directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorFreedom Capital Investment Advisors.

Termination and Survival. (a) This Agreement shall become effective as of the date that of the Company meets the minimum offering requirement Company’s Initial Closing, as such term is defined described in the Registration StatementCompany’s subscription document. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor at any timeAdvisor, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination of the Investment Advisory Agreement, or (ii) the Board of Directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the Advisor.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementof this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor FSH at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Company of the Investment Advisory and Administrative Services Agreement, dated February 8, 2012, between the Company and FSIC II Advisor or (ii) the Board board of Directors directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorFSH.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration StatementEffective Date. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) of the termination by the Master Company of the Investment Advisory Agreement, Agreement between the Master Company and Guggenheim; or (ii) the Board board of Directors trustees of the Master Company makes a determination to dissolve or liquidate the Master Company. (d) Sections 2 and 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 1 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments Reimbursable O&O Expenses that have not been reimbursed by the Company to the Advisor.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statement. (b) a. This Agreement may be terminated at any timeterminated, without the payment of any penalty, by the Company or the Advisor Adviser at any time, with or without notice. (c) b. This Agreement shall automatically terminate in the event of (i) the termination by the Company or the Adviser of the that certain Investment Advisory Agreement, dated as of December 1, 2023, by and between the Company and the Adviser; or (ii) the Board board of Directors directors of the Company makes a determination to dissolve or liquidate the Company. (d) c. Sections 3 3, 4 and 4 5 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorAdviser.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementof this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor FSH at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Company of the Investment Advisory and Administrative Services Agreement, dated [•], between the Company and FSIC III Advisor or (ii) the Board board of Directors directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorFSH.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statement. (b) a. This Agreement may be terminated at any timeterminated, without the payment of any penalty, by the Company or the Advisor Adviser at any time, with or without notice. (c) b. This Agreement shall automatically terminate in the event of (i) the termination by the Company or the Adviser of the that certain Investment Advisory Agreement, dated as of [ ], 2023, by and between the Company and the Adviser; or (ii) the Board board of Directors directors of the Company makes a determination to dissolve or liquidate the Company.] (d) c. Sections 3 3, 4 and 4 5 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorAdviser.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementof this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Company of the Investment Advisory Agreement, dated February 27, 2015, between the Master Company and W. P. ▇▇▇▇▇ or (ii) the Board board of Directors trustees of the Master Company makes a determination to dissolve or liquidate the Master Company. (d) Sections 2 and 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 1 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments Reimbursable O&O Expenses that have not been reimbursed by the Company to the AdvisorAdvisors.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration StatementAgreement Date. (b) This Agreement may be terminated at any timewith thirty (30) days written notice, without the payment of any penalty, by the Company or the Advisor Investment Adviser at any time, with or without notice. (c) . This Agreement shall will also terminate automatically terminate in the event of (i) upon the termination of the Investment Advisory Agreement, Management Agreement unless a new investment advisory management agreement with the Investment Adviser (or (iiwith an affiliate under common control with the Investment Adviser) the Board of Directors of the Company makes a determination to dissolve or liquidate the Companybecomes effective upon such termination. (dc) Sections 3 1 and 4 2 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorInvestment Adviser.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementof this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor Freedom Capital Investment Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Company of the Investment Advisory Agreement, Agreement or (ii) the Board board of Directors directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorFreedom Capital Investment Advisors.

Termination and Survival. (a) This Agreement shall become continue to be effective as until terminated in accordance with the terms of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementthis Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor at any timeInvestment Manager, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination of the Investment Advisory Management Agreement, or (ii) the Board of Directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 2 and 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 1 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments amounts that have not been reimbursed by the Company to the AdvisorInvestment Manager.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementof this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor FSH at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Company of the Investment Advisory and Administrative Services Agreement, dated December 20, 2013, between the Company and FSIC III Advisor or (ii) the Board board of Directors directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorFSH.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementfirst written above. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund of the Investment Advisory Agreement, dated February 27, 2015, between the Master Fund and W. P. ▇▇▇▇▇ or (ii) the Board board of Directors trustees of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Reimbursement Payments that have not been reimbursed by the Company to the AdvisorAdvisors.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementfirst written above. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Fund of the Investment Advisory Agreement, dated February 27, 2015, between the Master Fund and W. P. ▇▇▇▇▇ or (ii) the Board board of Directors trustees of the Company Master Fund makes a determination to dissolve or liquidate the CompanyMaster Fund. (d) Sections 2 and 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 1 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments Reimbursable O&O Expenses that have not been reimbursed by the Company to the AdvisorAdvisors.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statement. (b) a. This Agreement may be terminated at any timeterminated, without the payment of any penalty, by the Company or the Advisor Adviser at any time, with or without notice. (c) b. This Agreement shall automatically terminate in the event of (i) the termination by the Company or the Adviser of the that certain Investment Advisory Agreement, dated as of November 4, 2021, by and between the Company and the Adviser; or (ii) the Board board of Directors directors of the Company makes a determination to dissolve or liquidate the Company. (d) c. Sections 3 3, 4 and 4 5 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorAdviser.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementof this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company Companies or the Advisor Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Master Company of the Investment Advisory Agreement, dated February 27, 2015, between the Master Company and W. P. ▇▇▇▇▇ or (ii) the Board board of Directors trustees of the Master Company makes a determination to dissolve or liquidate the Master Company. (d) Sections 2 and 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 1 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments Reimbursable O&O Expenses that have not been reimbursed by the Company Companies to the AdvisorAdvisors.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementof this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor FSH at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Company of the Investment Advisory Agreement, dated July 15, 2013, between the Company and FS Global Advisor, LLC or (ii) the Board board of Directors trustees of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorFSH.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementof this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor FSH at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Company of the Investment Advisory and Administrative Services Agreement, dated February 12, 2008, as amended August 5, 2008, between the Company and FB Advisor or (ii) the Board board of Directors directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorFSH.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementof this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor Freedom Capital Investment Advisors at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Company of the Investment Advisory and Administrative Services Agreement, dated March 5, 2015, between the Company and Freedom Capital Investment Advisors or (ii) the Board board of Directors directors of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorFreedom Capital Investment Advisors.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementset forth above. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination of the Investment Advisory Agreement, or (ii) the Board of Directors Trustees of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the Advisor.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementof this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor FSH at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Company of the Investment Advisory and Administrative Services Agreement, dated [·], between the Company and FSEP II Advisor or (ii) the Board board of Directors trustees of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorFSH.

Termination and Survival. (a) This Agreement shall become effective as of the date that the Company meets the minimum offering requirement as such term is defined in the Registration Statementof this Agreement. (b) This Agreement may be terminated at any time, without the payment of any penalty, by the Company or the Advisor FSH at any time, with or without notice. (c) This Agreement shall automatically terminate in the event of (i) the termination by the Company of the Investment Advisory and Administrative Services Agreement, dated April 28, 2011, between the Company and FS Investment Advisor, LLC or (ii) the Board board of Directors trustees of the Company makes a determination to dissolve or liquidate the Company. (d) Sections 3 and 4 of this Agreement shall survive any termination of this Agreement. Notwithstanding anything to the contrary, Section 2 of this Agreement shall survive any termination of this Agreement with respect to any Expense Payments that have not been reimbursed by the Company to the AdvisorFSH.