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

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. The effective date of this Agreement shall be April 2, 1993. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities of the Fund shall mean the vote of 67% or more of such securities if the holders of more than 50% of such securities are present in person or by proxy or the vote of more than 50% of such securities, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, or with respect to a particular Portfolio by the vote of the holders of a majority of the outstanding voting securities of such Portfolio, and (b) by a majority of the directors who are not interested persons of Advisers or of the Fund cast in person at a meeting called for the purpose of voting on such approval; provided that if a majority of the outstanding voting securities of any of the Portfolios approves this Agreement, this Agreement shall continue in effect with respect to such approving Portfolio whether or not the shareholders of any other Portfolio of the Fund approve 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 Fund or by Advisers upon sixty (60) days written notice to the other party. This Agreement may be terminated with respect to a particular Portfolio at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such Portfolios, upon sixty (60) days written notice to Advisers. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement shall automatically terminate in the event of its assignment.

Appears in 2 contracts

Samples: Investment Advisory and Management Agreement (Fortis Income Portfolios Inc), Investment Advisory and Management Agreement (Fortis Income Portfolios Inc)

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EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. The effective date of this Agreement shall be April 2effective as to each Portfolio on January 31, 19931992. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities of a Portfolio or the Fund shall mean the vote of 67% or more of such securities if the holders of more than 50% of such securities are present in person or by proxy or the vote of more than 50% of such securities, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, or with respect to a particular Portfolio by the vote of the holders of a majority of the outstanding voting securities of such Portfolio, and (b) by a majority of the directors who are not interested persons of Advisers or of the Fund cast in person at a meeting called for the purpose of voting on such approval; provided that if a majority of the outstanding voting securities of any of the Portfolios approves this Agreement, this Agreement shall continue in effect with respect to such approving Portfolio whether or not the shareholders of any other Portfolio of the Fund approve 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 Fund or by Advisers upon sixty (60) days days' written notice to the other party. This Agreement may be terminated with respect to a particular Portfolio at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such Portfolios, upon sixty (60) days days' written notice to Advisers. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement shall automatically terminate in the event of its assignment.

Appears in 2 contracts

Samples: Investment Advisory and Management Agreement (Fortis Advantage Portfolios Inc), Investment Advisory and Management Agreement (Fortis Advantage Portfolios Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. The effective date of this This Agreement shall be April 2effective as to each Series on May 1, 19931996. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities of a Series or of the Fund shall mean the vote of 67% or more of such securities if the holders of more than 50% of such securities are present in person or by proxy or the vote of more than 50% of such securities, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, or or, with respect to a particular Portfolio Series, by the vote of the holders of a majority of the outstanding voting securities of such PortfolioSeries, and (b) by a majority of the directors who are not interested persons of Advisers or of the Fund cast in person at a meeting called for the purpose of voting on such approval; provided that that, if a majority of the outstanding voting securities of any of the Portfolios Series approves this Agreement, this Agreement shall continue in effect with respect to such approving Portfolio Series whether or not the shareholders of any other Portfolio Series of the Fund approve 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 Fund Fund, or by Advisers Advisers, upon sixty (60) days days' written notice to the other party. This Agreement may be terminated with respect to a particular Portfolio Series at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such PortfoliosSeries, upon sixty (60) days days' written notice to Advisers. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement shall automatically terminate in the event of its assignment.

Appears in 2 contracts

Samples: Investment Advisory and Management Agreement (Fortis Series Fund Inc), Investment Advisory and Management Agreement (Fortis Series Fund Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. The This Agreement shall become effective with respect to the Fund on the effective date of this Agreement shall be April 2, 1993the post-effective amendment to the Company's Registration Statement on Form N1-A first registering shares of the Fund. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities shares of the Fund shall mean the lesser of (I) the vote of 67% or more of such securities the voting shares of the Fund present at a regular or special meeting of shareholders duly called, if the holders of more than 50% of such securities the Fund's outstanding voting shares are present in person or represented by proxy proxy, or (ii) the vote of more than 50% of such securities, whichever is lessthe outstanding voting shares of the Fund. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect for a period of two years from the date of its execution, and thereafter shall continue in effect only so long as such continuance is specifically approved at least annually (aI) by the Board of Directors of the Fund, Company or with respect to a particular Portfolio by the vote of the holders of a majority of the outstanding voting securities of such Portfoliothe Fund, and (bii) by the vote of a majority of the directors of the Company who are not parties to this Agreement or "interested persons of Advisers or persons", as defined in the Act, of the Fund Adviser or the Company cast in person at a meeting called for the purpose of voting on such approval; provided that if a majority of the outstanding voting securities of any of the Portfolios approves this Agreement, this Agreement shall continue in effect with respect to such approving Portfolio whether or not the shareholders of any other Portfolio of the Fund approve this Agreement. This Agreement may be terminated at any time time, without the payment of any penalty penalty, by the vote of the Board of Directors of the Fund Company or by Advisers the vote of the holders of a majority of the outstanding shares of the Fund, or by the Adviser, upon sixty (60) days written notice to the other party. This Agreement may be terminated with respect to a particular Portfolio at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such Portfolios, upon sixty (60) days written notice to Advisers. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement shall automatically terminate in the event of its assignmentassignment as defined in the Investment Company Act of 1940 and the rules thereunder, provided, however, that such automatic termination shall be prevented in a particular case by an order of exemption from the Securities and Exchange Commission or a no-action letter of the Staff of the Commission to the effect that such assignment does not require termination as a statutory or regulatory matter. This Agreement shall automatically terminate upon completion of the dissolution, liquidation and winding up of the Fund.

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Voyageur Funds Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. The effective date of this Agreement shall be April 2effective as to the AMEV Global Growth Portfolio on March 26, 19931991. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities of a Portfolio or the Fund shall mean the vote of 67% or more of such securities if the holders of more than 50% of such securities are present in person or by proxy or the vote of more than 50% of such securities, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, or with respect to a particular Portfolio by the vote of the holders of a majority of the outstanding voting securities of such Portfoliothe Fund, and (b) by a majority of the directors who are not interested persons of Advisers or of the Fund cast in person at a meeting called for the purpose of voting on such approval; provided that that, if a majority of the outstanding voting securities of any of the Portfolios approves this Agreement, this Agreement shall continue in effect with respect to such approving Portfolio whether or not the shareholders of any other Portfolio of the Fund approve 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 Fund Fund, or by Advisers upon sixty (60) days days' written notice to the other party. This Agreement may be terminated with respect to a particular Portfolio at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such PortfoliosPortfolio, upon sixty (60) days days' written notice to Advisers. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement shall automatically terminate in the event of its assignment.

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Fortis Worldwide Portfolios Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. The effective date of this This Agreement shall be April 2effective as to each Series on May 1, 19931998. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities of a Series or of the Fund shall mean the vote of 6765% or more of such securities if the holders of more than 50% of such securities are present in person or by proxy or the vote of more than 50% of such securities, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, or or, with respect to a particular Portfolio Series, by the vote of the holders of a majority of the outstanding voting securities of such PortfolioSeries, and (b) by a majority of the directors who are not interested persons of Advisers or of the Fund cast in person at a meeting called for the purpose of voting on such approval; provided that that, if a majority of the outstanding voting securities of any of the Portfolios Series approves this Agreement, this Agreement shall continue in effect with respect to such approving Portfolio Series whether or not the shareholders of any other Portfolio Series of the Fund approve 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 Fund fund, or by Advisers Advisers, upon sixty (60) days days' written notice to the other party. This Agreement may be terminated with respect to a particular Portfolio Series at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such PortfoliosSeries, upon sixty (60) days days' written notice to Advisers. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement shall automatically terminate in the event of its assignment.

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Fortis Series Fund Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. The effective date of this This Agreement shall be April 2effective as to each Series on January 3, 19931995. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities of a Series or of the Fund shall mean the vote of 67% or more of such securities if the holders of more than 50% of such securities are present in person or by proxy or the vote of more than 50% of such securities, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, or or, with respect to a particular Portfolio Series, by the vote of the holders of a majority of the outstanding voting securities of such PortfolioSeries, and (b) by a majority of the directors who are not interested persons of Advisers or of the Fund cast in person at a meeting called for the purpose of voting on such approval; provided that that, if a majority of the outstanding voting securities of any of the Portfolios Series approves this Agreement, this Agreement shall continue in effect with respect to such approving Portfolio Series whether or not the shareholders of any other Portfolio Series of the Fund approve 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 Fund Fund, or by Advisers Advisers, upon sixty (60) days days' written notice to the other party. This Agreement may be terminated with respect to a particular Portfolio Series at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such PortfoliosSeries, upon sixty (60) days days' written notice to Advisers. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement shall automatically terminate in the event of its assignment.

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Fortis Series Fund Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. The effective date of this Agreement shall be April 2January 31, 19931992. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities of a Portfolio of the Fund shall mean the vote of 67% or more of such securities if the holders of more than 50% of such securities are present in person or by proxy or the vote of more than 50% of such securities, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, or with respect to a particular Portfolio by the vote of the holders of a majority of the outstanding voting securities of such Portfolio, and (b) by a majority of the directors who are not interested persons of Advisers or of the Fund cast in person at a meeting called for the purpose of voting on such approval; provided that that, if a majority of the outstanding voting securities of any of the Portfolios approves this Agreement, this Agreement shall continue in effect with respect to such approving Portfolio whether or not the shareholders of any other Portfolio of the Fund approve 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 Fund or by Advisers Advisers, upon sixty (60) days days' written notice to the other party. This Agreement may be terminated with respect to a particular Portfolio at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such PortfoliosPortfolio, upon sixty (60) days days' written notice to Advisers. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement shall automatically terminate in the event of its assignment.

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Fortis Tax Free Portfolios Inc)

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EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. The This Agreement shall become effective as of the effective date of this Agreement shall be April 2, 1993. the Fund's Registration Statement on Form N-1A. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities or shares of the Fund a Series shall mean the vote of 67% or more of such securities shares if the holders of more than 50% of such securities shares are present in person or by proxy or the vote of more than 50% of such securitiesshares, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect with respect to each Series for a period of two years from the date of its execution, and thereafter shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, Fund or with respect to a particular Portfolio by the vote of the holders of a majority of the outstanding voting securities of such Portfoliothe applicable Series, and (b) by the vote of a majority of the directors who are not interested persons parties to this Agreement or Interested Persons of Advisers the Adviser or of the Fund Fund, cast in person at a meeting called for the purpose of voting on such approval; provided that if a majority of the outstanding voting securities of any of the Portfolios approves this Agreement, this Agreement shall continue in effect with respect to such approving Portfolio whether or not the shareholders of any other Portfolio of the Fund approve this Agreement. This Agreement may be terminated with respect to any Series at any time without the payment of any penalty by the vote of the Board of Directors of the Fund or by Advisers upon sixty (60) days written notice to the other party. This Agreement may be terminated with respect to a particular Portfolio at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such PortfoliosSeries, or by the Adviser, upon sixty (60) days 60 days' written notice to Advisersthe other party. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement shall automatically terminate in the event of its assignmentassignment as defined in the l940 Act and the rules thereunder. This Agreement shall automatically terminate upon completion of the dissolution, liquidation or winding up of the Fund.

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Piper Institutional Funds Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. The effective date of this Agreement as to Fortis Capital Fund shall be April 2January 1, 19931996. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities of a Portfolio or the Fund shall mean the vote of 67% or more of such securities if the holders of more than 50% of such securities are present in person or by proxy or the vote of more than 50% of such securities, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, or with respect to a particular Portfolio by the vote of the holders of a majority of the outstanding voting securities of such Portfolio, and (b) by a majority of the directors who are not interested persons of Advisers or of the Fund cast in person at a meeting called for the purpose of voting on such approval; provided that if a majority of the outstanding voting securities of any of the Portfolios approves this Agreement, this Agreement shall continue in effect with respect to such approving Portfolio whether or not the shareholders of any other Portfolio of the Fund approve 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 Fund or by Advisers upon sixty (60) days days' written notice to the other party. This Agreement may be terminated with respect to a particular Portfolio at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such Portfolios, upon sixty (60) days days' written notice to Advisers. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement shall automatically terminate in the event of its assignment.

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Fortis Equity Portfolios Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. The effective date of this Agreement as to Fortis Capital Fund shall be April 2January 31, 19931992. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities of a Portfolio or the Fund shall mean the vote of 67% or more of such securities if the holders of more than 50% of such securities are present in person or by proxy or the vote of more than 50% of such securities, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, or with respect to a particular Portfolio by the vote of the holders of a majority of the outstanding voting securities of such Portfolio, and (b) by a majority of the directors who are not interested persons of Advisers or of the Fund cast in person at a meeting called for the purpose of voting on such approval; provided that if a majority of the outstanding voting securities of any of the Portfolios approves this Agreement, this Agreement shall continue in effect with respect to such approving Portfolio whether or not the shareholders of any other Portfolio of the Fund approve 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 Fund or by Advisers upon sixty (60) days days' written notice to the other party. This Agreement may be terminated with respect to a particular Portfolio at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such Portfolios, upon sixty (60) days days' written notice to Advisers. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement shall automatically terminate in the event of its assignment.

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Fortis Equity Portfolios Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. The effective date of this This Agreement shall be April 2effective as to each Series on May 1, 19931992. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities of a Series or of the Fund shall mean the vote of 67% or more of such securities if the holders of more than 50% of such securities are present in person or by proxy or the vote of more than 50% of such securities, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, or or, with respect to a particular Portfolio Series, by the vote of the holders of a majority of the outstanding voting securities of such PortfolioSeries, and (b) by a majority of the directors who are not interested persons of Advisers or of the Fund cast in person at a meeting called for the purpose of voting on such approval; provided that that, if a majority of the outstanding voting securities of any of the Portfolios Series approves this Agreement, this Agreement shall continue in effect with respect to such approving Portfolio Series whether or not the shareholders of any other Portfolio Series of the Fund approve 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 Fund Fund, or by Advisers Advisers, upon sixty (60) days days' written notice to the other party. This Agreement may be terminated with respect to a particular Portfolio Series at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such PortfoliosSeries, upon sixty (60) days days' written notice to Advisers. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement shall automatically terminate in the event of its assignment.

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Fortis Series Fund Inc)

EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT. The effective date of this This Agreement shall be April 2effective as to each Series on May 1, 19931994. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities of a Series or of the Fund shall mean the vote of 67% or more of such securities if the holders of more than 50% of such securities are present in person or by proxy or the vote of more than 50% of such securities, whichever is less. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect only so long as such continuance is specifically approved at least annually (a) by the Board of Directors of the Fund, or or, with respect to a particular Portfolio Series, by the vote of the holders of a majority of the outstanding voting securities of such PortfolioSeries, and (b) by a majority of the directors who are not interested persons of Advisers or of the Fund cast in person at a meeting called for the purpose of voting on such approval; provided that that, if a majority of the outstanding voting securities of any of the Portfolios Series approves this Agreement, this Agreement shall continue in effect with respect to such approving Portfolio Series whether or not the shareholders of any other Portfolio Series of the Fund approve 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 Fund Fund, or by Advisers Advisers, upon sixty (60) days days' written notice to the other party. This Agreement may be terminated with respect to a particular Portfolio Series at any time without the payment of any penalty by the vote of the holders of a majority of the outstanding voting securities of such PortfoliosSeries, upon sixty (60) days days' written notice to Advisers. Any such termination may be made effective with respect to both the investment advisory and management services provided for in this Agreement or with respect to either of such kinds of services. This Agreement shall automatically terminate in the event of its assignment.

Appears in 1 contract

Samples: Investment Advisory and Management Agreement (Fortis Series Fund Inc)

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