OBLIGATIONS OF BROKER-DEALER Sample Clauses

OBLIGATIONS OF BROKER-DEALER. (a) BEST EFFORTS BASIS. The Notes will be sold solely on a "best efforts" basis. Broker-Dealer makes no warranty as to its ability to sell and distribute any minimum dollar amount of Notes. In this context, "best efforts" means that Broker-Dealer will staff the sales effort of the Notes in a manner not less favorable than other projects in which Broker-Dealer has undertaken to sell securities on a "best efforts" basis.
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OBLIGATIONS OF BROKER-DEALER. Section 3(c) the second sentence shall be deleted in its entirety.
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OBLIGATIONS OF BROKER-DEALER. 4.1 The Company hereby appoints the Broker-Dealer as its agent and principal distributor for the purpose of selling for cash up to a maximum of 20,100,000 Shares. The Broker-Dealer hereby accepts such agency and distributorship and agrees to use its best efforts to sell the Shares on said terms and conditions. The Broker-Dealer represents to the Company that (i) it is a member of the National Association of Securities Dealers, Inc. ("NASD"); (ii) it and its employees and representatives have all required licenses and registrations to act under this Agreement; and (iii) it has established and implemented anti-money laundering compliance programs in accordance with applicable law, including applicable NASD rules, SEC rules and the USA PATRIOT Act of 2001, reasonably expected to detect and cause the reporting of suspicious transactions in connection with the sale of Shares of the Company. The Broker-Dealer agrees to be bound by the terms of the escrow agreement executed as of _______________, 2007, among Xxxxx Fargo Bank, N. A., as escrow agent, the Broker-Dealer and the Company, a copy of which is enclosed (the "Escrow Agreement"). Until the minimum capital requirements in each state have been met, investments will be held in escrow and, if the minimum capital requirements in a state have not been met, investments in such state will be returned to the investors in accordance with the Prospectus.
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OBLIGATIONS OF BROKER-DEALER. (a) BEST EFFORTS BASIS. The Notes will be sold solely on a best-efforts basis. Broker-Dealer makes no warranty as to its ability to sell and distribute any minimum dollar amount of Notes. In this context, "
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OBLIGATIONS OF BROKER-DEALER. Broker-Dealer Houses have the following obligations:
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OBLIGATIONS OF BROKER-DEALER a. All applications for Contracts shall be made on application forms supplied by the Company, and shall be reviewed and approved by the appropriately-licensed principal of Broker-Dealer for compliance with all applicable state and federal laws and regulations and the rules, policies and procedures of the Company and all rules, regulations and interpretive guidance of FINRA. After such approval, Broker-Dealer shall then promptly forward the application to the Company as provided in the Company’s administrative procedures communicated to Broker-Dealer, but Broker-Dealer shall forward, or cause the Agent to forward, the application no later than the close of business of the next business day following its receipt by Broker-Dealer and/or the Agent. Such applications shall be sent to the Company at the address shown on the application by such means as agreed upon by the Company and Broker-Dealer, and shall be accompanied by any initial premium payment received by the Agent or Broker-Dealer, without any deduction or offset for any reason, unless as otherwise agreed to by the Company and Broker-Dealer. Checks or cashiers’ checks for the payment of premiums shall be drawn to the order of the Company or as the Company shall otherwise authorize or direct from time to time. Broker-Dealer does not have authority to deposit or endorse checks payable to the Company without the prior written approval of the Company.
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OBLIGATIONS OF BROKER-DEALER 
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Related to OBLIGATIONS OF BROKER-DEALER

  • Selection of Broker-Dealers In selecting broker-dealers qualified to execute a particular transaction, brokers or dealers may be selected who also provide brokerage or research services (as those terms are defined in Section 28(e) of the Securities Exchange Act of 1934) to the Adviser and/or the other accounts over which the Adviser or its affiliates exercise investment discretion. The Adviser is authorized to pay a broker or dealer who provides such brokerage or research services a commission for executing a portfolio transaction for the Series that is in excess of the amount of commission another broker or dealer would have charged for effecting that transaction if the Adviser determines in good faith that such amount of commission is reasonable in relation to the value of the brokerage or research services provided by such broker or dealer and is paid in compliance with Section 28(e). This determination may be viewed in terms of either that particular transaction or the overall responsibilities that the Adviser and its affiliates have with respect to accounts over which they exercise investment discretion. The Adviser may consider the sale of shares of the Series and of other investment companies advised by the Adviser as a factor in the selection of brokers or dealers to effect transactions for the Series, subject to the Adviser's duty to seek best execution. The Adviser may also select brokers or dealers to effect transactions for the Series that provide payment for expenses of the Series. The Board shall periodically review the commissions paid by the Series to determine if the commissions paid over representative periods of time were reasonable in relation to the benefits received.

  • Other Broker-Dealers ACC in its discretion may enter into agreements to sell Shares to such registered and qualified retail dealers, as reasonably requested by the Trust/IC and or the RIA. In making agreements with such dealers, ACC shall act only as principal and not as agent for the Trust/IC. The form of any such dealer agreement shall be mutually agreed upon and approved by the Trust/IC and/or RIA and ACC.

  • Obligations of the Holder a. At least five (5) calendar days prior to the first anticipated filing date of a Registration Statement the Company shall notify Holder in writing of the information the Company requires from Holder. It shall be a condition precedent to the obligations of the Company to complete the registration pursuant to this Agreement with respect to the Registrable Securities of the Holder that Holder shall furnish in writing to the Company such information regarding itself, the Registrable Securities held by it and the intended method of disposition of the Registrable Securities held by it as shall reasonably be required to effect the registration of such Registrable Securities and shall execute such documents in connection with such registration as the Company may reasonably request. The Holder covenants and agrees that, in connection with any resale of Registrable Securities by it pursuant to a Registration Statement, it shall comply with the "Plan of Distribution" section of the current prospectus relating to such Registration Statement.

  • Participation of Broker-Dealers in Exchange Offer (a) The Staff has taken the position that any broker-dealer that receives Exchange Securities for its own account in the Exchange Offer in exchange for Securities that were acquired by such broker-dealer as a result of market-making or other trading activities (a “Participating Broker-Dealer”) may be deemed to be an “underwriter” within the meaning of the Securities Act and must deliver a prospectus meeting the requirements of the Securities Act in connection with any resale of such Exchange Securities. The Company and the Guarantors understand that it is the Staff’s position that if the Prospectus contained in the Exchange Offer Registration Statement includes a plan of distribution containing a statement to the above effect and the means by which Participating Broker-Dealers may resell the Exchange Securities, without naming the Participating Broker-Dealers or specifying the amount of Exchange Securities owned by them, such Prospectus may be delivered by Participating Broker-Dealers (or, to the extent permitted by law, made available to purchasers) to satisfy their prospectus delivery obligation under the Securities Act in connection with resales of Exchange Securities for their own accounts, so long as the Prospectus otherwise meets the requirements of the Securities Act.

  • Broker-Dealers (a) Not later than 12:00 noon on each Auction Date, the Company shall pay to the Auction Agent in Federal Funds or similar same-day funds an amount in cash equal to (i) in the case of any Auction Date immediately preceding a 7-Day Dividend Period or 28-Day Dividend Period, the product of (A) a fraction the numerator of which is the number of days in such Dividend Period (calculated by counting the first day of such Dividend Period but excluding the last day thereof) and the denominator of which is 360, times (B) 1/4 of 1%, times (C) $25,000 times (D) the sum of the aggregate number of Outstanding shares of AMPS for which the Auction is conducted and (ii) in the case of any Special Dividend Period, the amount determined by mutual consent of the Company and the Broker-Dealers pursuant to Section 3.5 of the Broker-Dealer Agreements. The Auction Agent shall apply such moneys as set forth in Section 3.5 of the Broker-Dealer Agreements and shall thereafter remit to the Company any remaining funds paid to the Auction Agent pursuant to this Section 2.5(a).

  • Obligations of the Purchaser 4.1 PURCHASER must pay a Reservation Deposit in the amount of R10 000.00 (Ten Thousand Rand) (hereinafter referred to as the "Reservation Deposit") into the trust account of the transferring attorney.

  • Certain Obligations of Holders and Beneficial Owners of Receipts 21 Section 3.1 Proofs, Certificates and Other Information .....................21 Section 3.2 Liability for Taxes and Other Charges ..........................22 Section 3.3 Representations and Warranties on Deposit of Shares ............23 Section 3.4

  • Obligations of Management Each officer and key employee of the Company is currently devoting substantially all of his or her business time to the conduct of the business of the Company. The Company is not aware that any officer or key employee of the Company is planning to work less than full time at the Company in the future. No officer or key employee is currently working or, to the Company’s knowledge, plans to work for a competitive enterprise, whether or not such officer or key employee is or will be compensated by such enterprise.

  • Obligations of the Adviser (a) The Adviser shall provide (or cause the Fund’s Custodian (as defined in Section 5 hereof, the Fund’s accountant and the Fund’s distributor) to provide) timely information to the Sub-Adviser regarding such matters as the composition of the Sub-Advised Assets, cash requirements and cash available for investment in the Sub-Advised Assets, and all other information as may be reasonably necessary for the Sub-Adviser to perform its responsibilities hereunder.

  • Obligations of Party A 4.1 Party B’s services hereunder are exclusive. During the term of this Agreement, without the prior written consent of Party B, Party A shall not enter into any agreement with any other third party or accept from such third party any other service same as or similar to the services provided by Party B.

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