Term of Agreement; Amendment; Assignment. A. This Agreement shall become effective with respect to each Fund listed on Exhibit A hereof as of the date hereof and, with respect to each Fund not in existence on that date, on the date an amendment to Exhibit A to this Agreement relating to that Fund is executed. Unless sooner terminated as provided herein, this Agreement shall continue in effect for two years from the date hereof. Thereafter, if not terminated, this Agreement shall continue in effect automatically as to each Fund for successive one-year periods, provided such continuance is specifically approved at least annually by: (i) the Trust’s Board, or (ii) the vote of a “majority of the outstanding voting securities” of a Fund, and provided that in either event, the continuance is also approved by a majority of the Trust’s Board who are not “interested persons” of any party to this Agreement, by a vote cast in person at a meeting called for the purpose of voting on such approval.
Term of Agreement; Amendment; Assignment. A. This Agreement shall become effective with respect to the Fund as of the date hereof. Unless sooner terminated as provided herein, this Agreement shall continue in effect for two years from the date hereof. Thereafter, if not terminated, this Agreement shall continue in effect automatically as to the Fund for successive one-year periods, provided such continuance is specifically approved at least annually by: (i) the Board of Trustees, or (ii) the vote of a “majority of the outstanding voting securities” of the Fund, and provided that in either event, the continuance is also approved by a majority of the members of the Board who are not “interested persons” (as defined in the 0000 Xxx) of any party to this Agreement, by a vote cast in person at a meeting called for the purpose of voting on such approval.
Term of Agreement; Amendment; Assignment. This Agreement shall become effective as of the date hereof and will continue in effect for a period of one year. Subsequent to the initial one-year term, this Agreement may be terminated by either party upon giving ninety (90) days prior written notice to the other party or such shorter period as is mutually agreed upon by the parties. However, this Agreement may be amended by mutual written consent of the parties. All representations in Section 8 of this Agreement shall survive the termination of this Agreement. This Agreement and any right or obligation hereunder may not be assigned by either party without the prior written consent of the other party. This Agreement constitutes the entire agreement between the parties hereto and supercedes any prior agreement with respect to the subject matter hereof, whether oral or written.
Term of Agreement; Amendment; Assignment. A. This Agreement shall become effective as of the date hereof. Unless sooner terminated as provided herein, this Agreement shall continue in effect for two years from the date hereof. Thereafter, if not terminated, this Agreement shall continue in effect automatically as to Fund for successive one-year periods, provided such continuance is specifically approved at least annually by: (i) the Board, or (ii) the vote of a “majority of the outstanding voting securities” of Fund, and provided that in either event, the continuance is also approved by a majority of the Board who are not “interested persons” of any party to this Agreement.
Term of Agreement; Amendment; Assignment. A. This Agreement shall become effective with respect to each Fund listed on Exhibit A hereof as of the date hereof and, with respect to each Fund not in existence on that date, on the date an amendment to Exhibit A to this Agreement relating to that Fund is executed. This Agreement shall continue in effect automatically as to each Fund for successive one-year periods, provided that such continuance is specifically approved at least annually by: (i) the Trust’s Board, or (ii) the vote of a “majority of the outstanding voting securities” of a Fund, and provided that in either event, the continuance is also approved by a majority of the Trust’s Board who are not “interested persons” of any party to this Agreement, by a vote cast in person at a meeting called for the purpose of voting on such approval.
Term of Agreement; Amendment; Assignment. A. This Agreement shall become effective with respect to each Fund listed on Exhibit A hereof as of the date hereof and, with respect to each Fund not in existence on that date, on the date that such Fund’s registration statement becomes effective with the SEC. Unless sooner terminated as provided herein, this Agreement shall continue in effect for two years from the date hereof; provided, that with respect to any Fund or class of Shares for which fees and expenses are paid to the Distributor pursuant to the Distribution Plan, this Agreement (i) shall continue in effect for a period of more than one year from the effective date hereof with respect to such Fund, and thereafter for successive one year periods, only so long as such continuance is specifically approved at least annually by the vote of the Board of Trustees of such Fund and the vote of the Trustees who are not “interested persons” of the Fund and have no direct or indirect financial interest in the operation of the Fund’s Distribution Plan or in any agreements related to the Distribution Plan (the “Independent Board Members”), cast in person at a meeting called for the purpose of voting on such approval, as required by Rule 12b-1 under the 1940 Act; (ii) may be terminated at any time, with respect to such Fund, without the payment of any penalty, by vote of a majority of the Independent Board Members or by a vote of a “majority of the outstanding voting securities” of such Fund on thirty (30) days written notice to the Distributor; and (iii) shall terminate automatically with respect to such Fund, effective on the day following termination of such Fund’s Distribution Plan pursuant to which all or a portion of the fees and expenses hereunder are paid.
Term of Agreement; Amendment; Assignment. This Agreement shall become effective as of the date first written above and will continue in effect for a period of three (3) years. Subsequent to the initial three-year term, this Agreement may be terminated by either party upon giving 90 days prior written notice to the other party or such shorter period as is mutually agreed upon by the parties. Notwithstanding the foregoing, this Agreement may be terminated (i) by any party upon the breach of the other party of any material term of this Agreement if such breach is not cured within 15 days of notice of such breach to the breaching party or, (ii) financial difficulties on the part of USBFS which are evidenced by the authorization or commencement of: involvement by way of pleading, answer, consent or acquiescence in, a voluntary or involuntary case under Title 11 of the United States Code or an inability to meet its financial obligations as they come due. This Agreement may not be amended or modified in any manner except by written agreement executed by USBFS and the Trust, and authorized or approved by the Board of Trustees. This Agreement shall extend to and be binding upon the parties hereto and their respective successors and assigns; provided, however, that this Agreement shall not be assignable by either party without written consent of the other party. In the case of USBFS, an “assignment” shall be deemed to include a change in actual control of USBFS or a merger, consolidation, sale or other disposition of all or a substantial part of the assets of USBFS to the extent a change in actual control would result therefrom.
Term of Agreement; Amendment; Assignment a. This Agreement shall become effective with respect to each Fund listed on Schedule A hereof as of the date hereof and, with respect to each Fund not in existence on that date, on the date an amendment to Schedule A to this Agreement relating to that Fund is executed.
Term of Agreement; Amendment; Assignment. A. This Agreement shall become effective with respect to the Fund as of the date hereof. Unless sooner terminated as provided herein, this Agreement shall continue in effect for one year from the date hereof. Thereafter, if not terminated, this Agreement shall continue in effect automatically as to the Fund for successive one-year periods.
Term of Agreement; Amendment; Assignment. A. This Agreement shall become effective with respect to each Fund listed on Exhibit A hereof as of the date hereof and, with respect to each Fund not in existence on that date, on the date an amendment to Exhibit A to this Agreement relating to that Fund is executed. Unless sooner terminated as provided herein, this Agreement shall continue in effect for two years from the effective date (the “Initial Term”). Thereafter, if not terminated, this Agreement shall continue in effect automatically as to each Fund for successive one-year periods, provided such continuance is specifically approved at least annually by: (i) the Company’s Board, or (ii) the vote of a “majority of the outstanding voting securities” of a Fund, and provided that in either event, the continuance is also approved by a majority of the Company’s Board who are not “interested persons” of any party to this Agreement in accordance with the 1940 Act.
