Common use of EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT Clause in Contracts

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become effective as of the day and date first above written (the "Effective Date"). Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding shares of the Fund shall mean the vote of 67% or more of such shares if the holders of more than 50% of such shares are present in person or by proxy or the vote of more than 50% of such shares, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect through November 4, 2001, and thereafter shall continue in effect for successive periods of 12 months thereafter, provided that each continuance is specifically approved annually by (a) the vote of a majority of the Company's Board of Directors who are not parties to the Agreement or interested persons (as defined in the Investment Company Act) of the Company or the Adviser, cast in person at a meeting called for the purpose of voting on approval and (b) either (i) the vote of a majority of the outstanding voting securities of the Fund or (ii) the vote of a majority of the Company's Board of Directors. This Agreement may be terminated at any time without the payment of any penalty by the vote of the Board of Directors of the Company or by the vote of the holders of a majority of the outstanding shares of the Fund, upon sixty (60) days written notice to the Adviser. The Adviser may terminate this Agreement without penalty on ninety (90) days written notice to the Company. This Agreement shall automatically terminate in the event of its assignment as defined in the Investment Company Act. This Agreement shall automatically terminate upon completion of the dissolution, liquidation and winding up of the Fund.

Appears in 6 contracts

Samples: Investment Advisory Agreement (American Eagle Funds Inc), Investment Advisory Agreement (American Eagle Funds Inc), Investment Advisory Agreement (American Eagle Funds Inc)

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EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become effective as of the day and date first above written (the "Effective Date"). Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding shares of the Fund shall mean the vote of 67% or more of such shares if the holders of more than 50% of such shares are present in person or by proxy or the vote of more than 50% of such shares, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect through November 4December 18, 20011999, and thereafter shall continue in effect for successive periods of 12 months thereafter, provided that each continuance is specifically approved annually by (a) the vote of a majority of the Company's Board of Directors who are not parties to the Agreement or interested persons (as defined in the Investment Company ActAct of 1940, as amended and the rules, regulations and releases relating thereto) of the Company or the Adviser, cast in person at a meeting called for the purpose of voting on approval and (b) either (i) the vote of a majority of the outstanding voting securities of the Fund or (ii) the vote of a majority of the Company's Board of Directors. This Agreement may be terminated at any time without the payment of any penalty by the vote of the Board of Directors of the Company or by the vote of the holders of a majority of the outstanding shares of the Fund, upon sixty (60) days written notice to the Adviser. The Adviser may terminate this Agreement without penalty on ninety (90) days written notice to the Company. This Agreement shall automatically terminate in the event of its assignment as defined in the Investment Company ActAct of 1940 and the rules thereunder. This Agreement shall automatically terminate upon completion of the dissolution, liquidation and winding up of the Fund.

Appears in 6 contracts

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

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become effective as upon conversion of the day and date first above written Fund to an open-end management investment company (the "Effective Date"). Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding shares of the Fund shall mean the vote of 67% or more of such shares if the holders of more than 50% of such shares are present in person or by proxy or the vote of more than 50% of such shares, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect through November 4August 15, 20011995, and thereafter shall continue in effect for successive periods of 12 months thereafter, provided that each continuance is specifically approved annually by (a) the vote of a majority of the CompanyFund's Board of Directors who are not parties to the Agreement or interested persons (as defined in the Investment Company Act) Act of 1940, as amended and the Company or the Adviserrules, regulations and releases relating thereto), cast in person at a meeting called for the purpose of voting on approval and (b) either (i) the vote of a majority of the outstanding voting securities of the Fund or (ii) the vote of a majority of the CompanyFund's Board of Directors. This Agreement may be terminated at any time without the payment of any penalty by the vote of the Board of Directors of the Company Fund or by the vote of the holders of a majority of the outstanding shares of the Fund, upon sixty (60) days written notice to the Adviser. The Adviser may terminate this Agreement without penalty on ninety (90) days written notice to the CompanyFund. This Agreement shall automatically terminate in the event of its assignment as defined in the Investment Company ActAct of 1940 and the rules thereunder. This Agreement shall automatically terminate upon completion of the dissolution, liquidation and winding up of the Fund.

Appears in 2 contracts

Samples: Investment Advisory Agreement (Jundt Growth Fund Inc), Investment Advisory Agreement (Jundt Growth Fund Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become effective as of the day and date first above written (the "Effective Date"). Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding shares of the Fund shall mean the vote of 67% or more of such shares if the holders of more than 50% of such shares are present in person or by proxy or the vote of more than 50% of such shares, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect through November 4December 3, 20011998, and thereafter shall continue in effect for successive periods of 12 months thereafter, provided that each continuance is specifically approved annually by (a) the vote of a majority of the Company's Board of Directors who are not parties to the Agreement or interested persons (as defined in the Investment Company ActAct of 1940, as amended and the rules, regulations and releases relating thereto) of the Company or the Adviser, cast in person at a meeting called for the purpose of voting on approval and (b) either (i) the vote of a majority of the outstanding voting securities of the Fund or (ii) the vote of a majority of the Company's Board of Directors. This Agreement may be terminated at any time without the payment of any penalty by the vote of the Board of Directors of the Company or by the vote of the holders of a majority of the outstanding shares of the Fund, upon sixty (60) days written notice to the Adviser. The Adviser may terminate this Agreement without penalty on ninety (90) days written notice to the Company. This Agreement shall automatically terminate in the event of its assignment as defined in the Investment Company ActAct of 1940 and the rules thereunder. This Agreement shall automatically terminate upon completion of the dissolution, liquidation and winding up of the Fund.

Appears in 2 contracts

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

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become be effective as of the day and date first above written (the "Effective Date")on April 1, 1994. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding shares voting securities of a Series or the Fund shall mean the vote of 67% or more of such shares securities if the holders of more than 50% of such shares securities are present in person or by proxy or the vote of more than 50% of such sharessecurities, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect through November 4, 2001, and thereafter shall continue in effect for successive periods of 12 months thereafter, provided that each only so long as such continuance is specifically approved at least annually by (a) by the Board of Directors of the Fund, or with respect to a particular Series, by the vote of the holders of a majority of the Company's Board outstanding voting securities of Directors such Series, and (b) by a majority of the directors who are not parties to the Agreement or interested persons (as defined in the Investment Company Act) of Securities or of the Company or the Adviser, Fund cast in person at a meeting called for the purpose of voting on approval and (b) either (i) the vote of such approval; provided that, if a majority of the outstanding voting securities of any of the Series approves this Agreement, this Agreement shall continue in effect with respect to such approving Series whether or not the shareholders of any other Series of the Fund or (ii) the vote of a majority of the Company's Board of Directorsapprove this Agreement. This Agreement may be terminated at any time without the payment of any penalty by the vote of the Board of Directors of the Company Fund or by the vote of the holders of a majority of the outstanding shares voting securities of the Fund, or by Securities, upon sixty (60) days written notice to the Adviserother party. The Adviser This Agreement may terminate this Agreement be terminated with respect to a particular Series at any time without the payment of any penalty on ninety by the vote of the holders of a majority of the outstanding voting securities of such Series, upon sixty (9060) days written notice to the CompanySecurities. This Agreement shall automatically terminate in the event of its assignment as defined in the Investment Company Act. This Agreement shall automatically terminate upon completion of the dissolution, liquidation and winding up of the Fundassignment.

Appears in 2 contracts

Samples: Underwriting and Distribution Agreement (Sit Mutual Funds Ii Inc), Underwriting and Distribution Agreement (Sit Mutual Funds Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become effective as of the day and date first above written (the "Effective Date"). Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding shares of the Fund shall mean the vote of 67% or more of such shares if the holders of more than 50% of such shares are present in person or by proxy or the vote of more than 50% of such shares, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect through November December 4, 20011997, and thereafter shall continue in effect for successive periods of 12 months thereafter, provided that each continuance is specifically approved annually by (a) the vote of a majority of the Company's Board of Directors who are not parties to the Agreement or interested persons (as defined in the Investment Company ActAct of 1940, as amended and the rules, regulations and releases relating thereto) of the Company or the Adviser, cast in person at a meeting called for the purpose of voting on approval and (b) either (i) the vote of a majority of the outstanding voting securities of the Fund or (ii) the vote of a majority of the Company's Board of Directors. This Agreement may be terminated at any time without the payment of any penalty by the vote of the Board of Directors of the Company or by the vote of the holders of a majority of the outstanding shares of the Fund, upon sixty (60) days written notice to the Adviser. The Adviser may terminate this Agreement without penalty on ninety (90) days written notice to the Company. This Agreement shall automatically terminate in the event of its assignment as defined in the Investment Company ActAct of 1940 and the rules thereunder. This Agreement shall automatically terminate upon completion of the dissolution, liquidation and winding up of the Fund.

Appears in 2 contracts

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

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become effective as of the day and date first above written upon signature by both parties (the "Effective Date"). Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding shares of the Fund shall mean the vote of 67% or more of such shares if the holders of more than 50% of such shares are present in person or by proxy or the vote of more than 50% of such shares, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect through November 4June 1, 20012010, and thereafter shall continue in effect for successive periods of 12 months thereafter, provided that each continuance is specifically approved annually by (a) the vote of a majority of the Company's Fund’s Board of Directors Trustees who are not parties to the Agreement or interested persons (as defined in the Investment Company Act) Act of 1940, as amended and the Company or the Adviserrules, regulations and releases relating thereto), cast in person at a meeting called for the purpose of voting on approval and (b) either (i) the vote of a majority of the outstanding voting securities of the Fund or (ii) the vote of a majority of the Company's Fund’s Board of DirectorsTrustees. This Agreement may be terminated at any time without the payment of any penalty by the vote of the Board of Directors Trustees of the Company Fund or by the vote of the holders of a majority of the outstanding shares of the Fund, upon sixty (60) days written notice to the Adviser. The Adviser may terminate this Agreement without penalty on ninety (90) days written notice to the CompanyFund. This Agreement shall automatically terminate in the event of its assignment as defined in the Investment Company ActAct of 1940 and the rules thereunder. This Agreement shall automatically terminate upon completion of the dissolution, liquidation and winding up of the Fund.

Appears in 1 contract

Samples: Investment Advisory Agreement (Keystone Mutual Funds)

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EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become effective as upon conversion of the day and date first above written Fund to an open-end management investment company (the "Effective Date"). Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding shares of the Fund shall mean the vote of 67% or more of such shares if the holders of more than 50% of such shares are present in person or by proxy or the vote of more than 50% of such shares, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect through November April 4, 20012008, and thereafter shall continue in effect for successive periods of 12 months thereafter, provided that each continuance is specifically approved annually by (a) the vote of a majority of the Company's Fund’s Board of Directors Trustees who are not parties to the Agreement or interested persons (as defined in the Investment Company Act) Act of 1940, as amended and the Company or the Adviserrules, regulations and releases relating thereto), cast in person at a meeting called for the purpose of voting on approval and (b) either (i) the vote of a majority of the outstanding voting securities of the Fund or (ii) the vote of a majority of the Company's Fund’s Board of DirectorsTrustees. This Agreement may be terminated at any time without the payment of any penalty by the vote of the Board of Directors Trustees of the Company Fund or by the vote of the holders of a majority of the outstanding shares of the Fund, upon sixty (60) days written notice to the Adviser. The Adviser may terminate this Agreement without penalty on ninety (90) days written notice to the CompanyFund. This Agreement shall automatically terminate in the event of its assignment as defined in the Investment Company ActAct of 1940 and the rules thereunder. This Agreement shall automatically terminate upon completion of the dissolution, liquidation and winding up of the Fund.

Appears in 1 contract

Samples: Investment Advisory Agreement (Keystone Mutual Funds)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become effective as upon conversion of the day and date first above written Fund to an open-end management investment company (the "Effective Date"). Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding shares of the Fund shall mean the vote of 67% or more of such shares if the holders of more than 50% of such shares are present in person or by proxy or the vote of more than 50% of such shares, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect through November 4, 2001___________, and thereafter shall continue in effect for successive periods of 12 months thereafter, provided that each continuance is specifically approved annually by (a) the vote of a majority of the CompanyFund's Board of Directors Trustees who are not parties to the Agreement or interested persons (as defined in the Investment Company Act) Act of 1940, as amended and the Company or the Adviserrules, regulations and releases relating thereto), cast in person at a meeting called for the purpose of voting on approval and (b) either (i) the vote of a majority of the outstanding voting securities of the Fund or (ii) the vote of a majority of the CompanyFund's Board of DirectorsTrustees. This Agreement may be terminated at any time without the payment of any penalty by the vote of the Board of Directors Trustees of the Company Fund or by the vote of the holders of a majority of the outstanding shares of the Fund, upon sixty (60) days written notice to the Adviser. The Adviser may terminate this Agreement without penalty on ninety (90) days written notice to the CompanyFund. This Agreement shall automatically terminate in the event of its assignment as defined in the Investment Company ActAct of 1940 and the rules thereunder. This Agreement shall automatically terminate upon completion of the dissolution, liquidation and winding up of the Fund.

Appears in 1 contract

Samples: Investment Advisory Agreement (Stewart Capital Mutual Funds)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. This Agreement shall become effective as upon conversion of the day and date first above written Fund to an open-end management investment company (the "Effective Date"). Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding shares of the Fund shall mean the vote of 67% or more of such shares if the holders of more than 50% of such shares are present in person or by proxy or the vote of more than 50% of such shares, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect through November 4June 8, 20012008, and thereafter shall continue in effect for successive periods of 12 months thereafter, provided that each continuance is specifically approved annually by (a) the vote of a majority of the Company's Fund’s Board of Directors Trustees who are not parties to the Agreement or interested persons (as defined in the Investment Company Act) Act of 1940, as amended and the Company or the Adviserrules, regulations and releases relating thereto), cast in person at a meeting called for the purpose of voting on approval and (b) either (i) the vote of a majority of the outstanding voting securities of the Fund or (ii) the vote of a majority of the Company's Fund’s Board of DirectorsTrustees. This Agreement may be terminated at any time without the payment of any penalty by the vote of the Board of Directors Trustees of the Company Fund or by the vote of the holders of a majority of the outstanding shares of the Fund, upon sixty (60) days written notice to the Adviser. The Adviser may terminate this Agreement without penalty on ninety (90) days written notice to the CompanyFund. This Agreement shall automatically terminate in the event of its assignment as defined in the Investment Company ActAct of 1940 and the rules thereunder. This Agreement shall automatically terminate upon completion of the dissolution, liquidation and winding up of the Fund.

Appears in 1 contract

Samples: Investment Advisory Agreement (Keystone Mutual Funds)

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