Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter and (ii) either by action of the Board of Trustees of the Trust, including a majority of the Trustees of the Trust who are not “interested persons” of the Trust or of Underwriter as that term is defined in the 1940 Act (“Independent Trustees”) or by the affirmative vote of a majority of the outstanding Shares of the Trust. Either the Trust, the Adviser or Underwriter may at any time terminate this Agreement on sixty (60) days written notice delivered or mailed, postage prepaid, to the other party.
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Samples: Underwriting Agreement (Performance Funds Trust), Underwriting Agreement (Performance Funds Trust)
Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter and (ii) either by action of the Board of Trustees of the Trust, including a majority of the Trustees of the Trust who are not “interested persons” of the Trust or of Underwriter as that term is defined in the Investment Company Act of 1940 Act (“Independent Trustees”) or by the affirmative vote of a majority of the outstanding Shares of the Trust. Either the Trust, the Adviser Trust or Underwriter may at any time terminate this Agreement on sixty one hundred and twenty (60120) days written notice delivered or mailed, postage prepaid, to the other party.
Appears in 2 contracts
Samples: Underwriting Fee Agreement (Diamond Hill Funds), Underwriting Agreement (Diamond Hill Funds)
Termination and Amendment of this Agreement. This Agreement shall automatically terminate, without payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter and (ii) either by action of the Board of Trustees of the Trust, including a majority of the Trustees of the Trust who are not “interested persons” of the Trust or of Underwriter as that term is defined in the Investment Company Act of 1940 Act (“Independent Trustees”) or by the affirmative vote of a majority of the outstanding Shares of the Trust. Either the Trust, the Adviser Trust or Underwriter may at any time terminate this Agreement on sixty (60) days written notice delivered or mailed, postage prepaid, to the other party.
Appears in 1 contract
