ELEVENTH. This Plan and Agreement shall become effective as of the date hereof, shall continue in force and effect until May 30th, 2001, and shall continue in force and effect from year to year thereafter, provided that such continuance is specifically approved at least annually by the board of directors of the Company and the Company's directors who are not "interested persons" (as defined in Section 2(a)(19) of the 1940 Act) of the Compaxx xxx xave no direct or indirect financial interest in the operation of this Plan and Agreement or in any agreements related to this Plan and Agreement (the "Independent Board Members") cast in person at a meeting called for such purpose, as contemplated by paragraphs (d) and (e) of Rule 12b-1 under the 1940 Act. Any amendment to this Plan and Agreement that requires the approval of the shareholders of Class K Shares pursuant to Rule 12b-1 under the 1940 Act shall become effective as to such Class K Shares upon the approval of such amendment by a "majority of the outstanding voting securities" (as defined in the 1940 Act) of such Clasx X Xxxxes, provided that the Board of Directors of the Company has approved such amendment.
ELEVENTH. This Plan and Agreement shall become effective as of the date hereof, shall continue in force and effect until May 31, 2001, and shall continue in force and effect from year to year thereafter, provided that such continuance is specifically approved at least annually by a majority of the Board of Directors of the Company and a majority of the Company's Independent Directors cast in person at a meeting called for such purpose, as contemplated by paragraphs (d) and (e) of Rule 12b-1 under the 1940 Act. Any amendment to this Plan and Agreement that requires the approval of the shareholders of Class A Shares pursuant to Rule 12b-1 under the 1940 Act shall become effective as to such Class A Shares upon the approval of such amendment by a "majority of the outstanding voting securities" (as defined in the 1940 Act) of such Clxxx X Xxares, provided that the Board of Directors of the Company has approved such amendment.
ELEVENTH. The Fund on behalf of the applicable Portfolio and the Distributor shall each comply with all applicable provisions of the 1940 Act, the Securities Act of 1933, as amended, and of all other federal and state laws, rules and regulations governing the issuance and sale of the Shares.
Examples of ELEVENTH in a sentence
ELEVENTH: Separate suits may be brought hereunder as causes of action accrue, and the bringing of suit for the recovery of judgement upon any cause of action shall not prejudice or bar the bringing of other suits upon other causes of action, whether theretofore or thereafter arising.
ELEVENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses: County Contractor Construction Engineer Riverside County Transportation Dept.
Done at DHAKA this ELEVENTH day of APRIL One Thousand Nine Hundred Ninety Three in eight originals in the English language.
ELEVENTH.- If the DISTRIBUTOR, in the course of marketing the Products to his/her customers, finds that any of them is interested in distributing them as well, he/she may introduce them to OMNILIFE and they can apply to become distributors and sign the corresponding Distribution Agreement; this action does not entail any payment from OMNILIFE to the DISTRIBUTOR.
Any claim or dispute or alleged Grievance by any ARTIST or ARTISTS or AGMA against such ARTISTS by reason of any statement or action whatsoever made or taken by such ARTISTS in connection with the performance by such ARTISTS of their supervisory and executive work for The Met, shall be subject exclusively to the Grievance and Arbitration Procedures set forth in Articles ELEVENTH and TWELFTH of this SECTION ONE in the same manner as an "arbitrable grievance" asserted against The Met.
More Definitions of ELEVENTH
ELEVENTH. The private property of the stockholders shall not be liable for the payment of corporate debts to any extent whatever.
ELEVENTH. To the holders of the Class A-1 Notes, accrued and unpaid interest at the related Note Interest Rate on the amount of any unreimbursed Class A-1 Realized Loss Amounts previously allocated to the Class A-1 Notes;
ELEVENTH. The Corporation renounces, to the fullest extent permitted by law, any interest or expectancy of the Corporation in, or in being offered an opportunity to participate in, any Excluded Opportunity. An “Excluded Opportunity” is any matter, transaction or interest that is presented to, or acquired, created or developed by, or which otherwise comes into the possession of (i) any director of the Corporation who is not an employee of the Corporation or any of its subsidiaries, or (ii) any holder of Series 1 Preferred Stock or any partner, member, director, stockholder, employee or agent of any such holder, other than someone who is an employee of the Corporation or any of its subsidiaries (collectively, “Covered Persons”), unless such matter, transaction or interest is presented to, or acquired, created or developed by, or otherwise comes into the possession of, a Covered Person expressly and solely in such Covered Person’s capacity as a director of the Corporation.
ELEVENTH. Upon the Effective Date:
ELEVENTH of Section 3.02 to “Distribution Date” shall be deemed to refer to such Scheduled Payment Date.
ELEVENTH. Subject to Article FOURTEENTH of this Certificate of Incorporation, the business and affairs of this corporation shall be managed by or under the direction of a Board of Directors consisting of not less than 8 or more than 13 directors, the exact number of directors to be determined from time to time by resolution adopted by affirmative vote of a majority of the entire Board of Directors. At each annual meeting of stockholders, all directors shall be elected for terms expiring at the next annual meeting of stockholders and until such directors’ successors shall have been elected and qualified. In no case will a decrease in the number of directors shorten the term of any incumbent director. Subject to Article FOURTEENTH of this Certificate of Incorporation, any vacancy on the Board of Directors that results from an increase in the number of directors may be filled by a majority of the Board of Directors then in office, and any other vacancy occurring in the Board of Directors may be filled by a majority of the directors then in office, although less than a quorum, or by a sole remaining director. Any director elected to fill a vacancy not resulting from an increase in the number of directors shall have the same remaining term as that of his or her predecessor. Any director, or the entire Board of Directors, of this corporation may be removed, with or without cause, by the holders of a majority of the shares then entitled to vote at an election of directors at a meeting of stockholders called for that purpose. Notwithstanding the foregoing, whenever the holders of any one or more classes or series of preferred or preference stock issued by this corporation shall have the right, voting separately by class or series, to elect directors at an annual or special meeting of stockholders, the election, term of office, filling of vacancies and other features of such directorships shall be governed by the terms of this Certificate of Incorporation applicable thereto, and such directors so elected shall not be divided into classes unless expressly provided by such terms. No director of this corporation shall be personally liable to this corporation or its stockholders for monetary damages for breach of fiduciary duty as a director, provided that this provision shall not eliminate or limit the liability of a director (i) for any breach of the director’s duty of loyalty to this corporation or its stockholders, (ii) for acts or omissions not in good faith or which involv...
ELEVENTH. One or more new partners, limited or general, may be admitted to the Partnership upon the approval of the General Partner.