Common use of ADJUSTMENT OF THE DISTRIBUTOR’S ALLOCABLE PORTION AND EACH SUCCESSOR DISTRIBUTOR’S ALLOCABLE PORTION Clause in Contracts

ADJUSTMENT OF THE DISTRIBUTOR’S ALLOCABLE PORTION AND EACH SUCCESSOR DISTRIBUTOR’S ALLOCABLE PORTION. The parties to the Distribution Agreement recognize that, if the terms of any distributor’s contract, any distribution plan, any prospectus, the FINRA Conduct Rules or any other applicable law change so as to disproportionately reduce, in a manner inconsistent with the intent of this Distribution Agreement, the amount of the Distributor’s Allocable Portion or any Successor Distributor’s Allocable Portion had no such change occurred, the definitions of the Distributor’s Allocable Portion and/or the Successor Distributor’s Allocable Portion in respect of the Class 529-C shares relating to a Fund shall be adjusted by agreement among the relevant parties; provided, however, if the Distributor, the Successor Distributor and the Fund cannot agree within thirty (30) days after the date of any such change in applicable laws or in any distributor’s contract, distribution plan, prospectus or the FINRA Conduct Rules, they shall submit the question to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and the decision reached by the arbitrator shall be final and binding on each of them.

Appears in 66 contracts

Samples: Underwriting Agreement (American Funds U.S. Small & Mid Cap Equity Fund), Principal Underwriting Agreement (Bond Fund of America), Principal Underwriting Agreement (American Balanced Fund)

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ADJUSTMENT OF THE DISTRIBUTOR’S ALLOCABLE PORTION AND EACH SUCCESSOR DISTRIBUTOR’S ALLOCABLE PORTION. The parties to the Distribution Agreement recognize that, if the terms of any distributor’s contract, any distribution plan, any prospectus, the FINRA Conduct Rules or any other applicable law change so as to disproportionately reduce, in a manner inconsistent with the intent of this Distribution Agreement, the amount of the Distributor’s Allocable Portion or any Successor Distributor’s Allocable Portion had no such change occurred, the definitions of the Distributor’s Allocable Portion and/or the Successor Distributor’s Allocable Portion in respect of the Class 529-C shares relating to a Fund shall be adjusted by agreement among the relevant parties; provided, however, if the Distributor, the Successor Distributor and the Fund cannot agree within thirty (30) days after the date of any such change in applicable laws or in any distributor’s contract, distribution plan, prospectus or the FINRA Conduct Rules, they shall submit the question to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and the decision reached by the arbitrator shall be final and binding on each of them.

Appears in 11 contracts

Samples: Principal Underwriting Agreement (American Funds Retirement Income Portfolio Series), Principal Underwriting Agreement (American Funds Target Date Retirement Series), Principal Underwriting Agreement (American Funds Short-Term Tax-Exempt Bond Fund)

ADJUSTMENT OF THE DISTRIBUTOR’S ALLOCABLE PORTION AND EACH SUCCESSOR DISTRIBUTOR’S ALLOCABLE PORTION. The parties to the Distribution Agreement recognize that, if the terms of any distributor’s 's contract, any distribution plan, any prospectus, the FINRA NASD Conduct Rules or any other applicable law change so as to disproportionately reduce, in a manner inconsistent with the intent of this Distribution Agreement, the amount of the Distributor’s 's Allocable Portion or any Successor Distributor’s 's Allocable Portion had no such change occurred, the definitions of the Distributor’s 's Allocable Portion and/or the Successor Distributor’s 's Allocable Portion in respect of the Class 529-C shares relating to a Fund shall be adjusted by agreement among the relevant parties; provided, however, if the Distributor, the Successor Distributor and the Fund cannot agree within thirty (30) days after the date of any such change in applicable laws or in any distributor’s 's contract, distribution plan, prospectus or the FINRA NASD Conduct Rules, they shall submit the question to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and the decision reached by the arbitrator shall be final and binding on each of them.

Appears in 5 contracts

Samples: Principal Underwriting Agreement (Limited Term Tax Exempt Bond Fund of America), Principal Underwriting Agreement (Tax Exempt Bond Fund of America Inc), Principal Underwriting Agreement (American Funds Tax Exempt Series I)

ADJUSTMENT OF THE DISTRIBUTOR’S ALLOCABLE PORTION AND EACH SUCCESSOR DISTRIBUTOR’S ALLOCABLE PORTION. The parties to the Distribution Agreement recognize that, if the terms of any distributor’s 's contract, any distribution plan, any prospectus, the FINRA Conduct Rules or any other applicable law change so as to disproportionately reduce, in a manner inconsistent with the intent of this Distribution Agreement, the amount of the Distributor’s 's Allocable Portion or any Successor Distributor’s 's Allocable Portion had no such change occurred, the definitions of the Distributor’s 's Allocable Portion and/or the Successor Distributor’s 's Allocable Portion in respect of the Class 529-C B shares relating to a Fund shall be adjusted by agreement among the relevant parties; provided, however, if the Distributor, the Successor Distributor and the Fund cannot agree within thirty (30) days after the date of any such change in applicable laws or in any distributor’s 's contract, distribution plan, prospectus or the FINRA Conduct Rules, they shall submit the question to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and the decision reached by the arbitrator shall be final and binding on each of them.. Form of AMENDED AND RESTATED PLAN OF DISTRIBUTION of [Name of Fund] relating to its CLASS C SHARES

Appears in 4 contracts

Samples: Cash Management Trust of America, American High-Income Municipal Bond Fund, Inc, American High Income Trust

ADJUSTMENT OF THE DISTRIBUTOR’S ALLOCABLE PORTION AND EACH SUCCESSOR DISTRIBUTOR’S ALLOCABLE PORTION. The parties to the Distribution Agreement recognize that, if the terms of any distributor’s contract, any distribution plan, any prospectus, the FINRA NASD Conduct Rules or any other applicable law change so as to disproportionately reduce, in a manner inconsistent with the intent of this Distribution Agreement, the amount of the Distributor’s Allocable Portion or any Successor Distributor’s Allocable Portion had no such change occurred, the definitions of the Distributor’s Allocable Portion and/or the Successor Distributor’s Allocable Portion in respect of the Class 529-C shares relating to a Fund shall be adjusted by agreement among the relevant parties; provided, however, if the Distributor, the Successor Distributor and the Fund cannot agree within thirty (30) days after the date of any such change in applicable laws or in any distributor’s contract, distribution plan, prospectus or the FINRA NASD Conduct Rules, they shall submit the question to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and the decision reached by the arbitrator shall be final and binding on each of them.

Appears in 2 contracts

Samples: Principal Underwriting Agreement (American Funds Emerging Markets Bond Fund), Principal Underwriting Agreement (American Funds Strategic Bond Fund)

ADJUSTMENT OF THE DISTRIBUTOR’S ALLOCABLE PORTION AND EACH SUCCESSOR DISTRIBUTOR’S ALLOCABLE PORTION. The parties to the Distribution Agreement recognize that, if the terms of any distributor’s 's contract, any distribution plan, any prospectus, the FINRA Conduct Rules or any other applicable law change so as to disproportionately reduce, in a manner inconsistent with the intent of this Distribution Agreement, the amount of the Distributor’s 's Allocable Portion or any Successor Distributor’s 's Allocable Portion had no such change occurred, the definitions of the Distributor’s 's Allocable Portion and/or the Successor Distributor’s 's Allocable Portion in respect of the Class 529-C shares relating to a Fund shall be adjusted by agreement among the relevant parties; provided, however, if the Distributor, the Successor Distributor and the Fund cannot agree within thirty (30) days after the date of any such change in applicable laws or in any distributor’s 's contract, distribution plan, prospectus or the FINRA Conduct Rules, they shall submit the question to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and the decision reached by the arbitrator shall be final and binding on each of them.. Form of AMENDED AND RESTATED PLAN OF DISTRIBUTION of [Name of Fund] relating to its CLASS F SHARES

Appears in 2 contracts

Samples: Cash Management Trust of America, American High Income Trust

ADJUSTMENT OF THE DISTRIBUTOR’S ALLOCABLE PORTION AND EACH SUCCESSOR DISTRIBUTOR’S ALLOCABLE PORTION. The parties to the Distribution Agreement recognize that, if the terms of any distributor’s 's contract, any distribution plan, any prospectus, the FINRA Conduct Rules or any other applicable law change so as to disproportionately reduce, in a manner inconsistent with the intent of this Distribution Agreement, the amount of the Distributor’s 's Allocable Portion or any Successor Distributor’s 's Allocable Portion had no such change occurred, the definitions of the Distributor’s 's Allocable Portion and/or the Successor Distributor’s 's Allocable Portion in respect of the Class 529-C shares relating to a Fund shall be adjusted by agreement among the relevant parties; provided, however, if the Distributor, the Successor Distributor and the Fund cannot agree within thirty (30) days after the date of any such change in applicable laws or in any distributor’s 's contract, distribution plan, prospectus or the FINRA Conduct Rules, they shall submit the question to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and the decision reached by the arbitrator shall be final and binding on each of them.. Form of AMENDED AND RESTATED PLAN OF DISTRIBUTION of [Name of Fund] relating to its CLASS 529-E SHARES

Appears in 2 contracts

Samples: Cash Management Trust of America, American High Income Trust

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ADJUSTMENT OF THE DISTRIBUTOR’S ALLOCABLE PORTION AND EACH SUCCESSOR DISTRIBUTOR’S ALLOCABLE PORTION. The parties to the Distribution Agreement recognize that, if the terms of any distributor’s contract, any distribution plan, any prospectus, the FINRA NASD Conduct Rules or any other applicable law change so as to disproportionately reduce, in a manner inconsistent with the intent of this Distribution Agreement, the amount of the Distributor’s Allocable Portion or any Successor Distributor’s Allocable Portion had no such change occurred, the definitions of the Distributor’s Allocable Portion and/or the Successor Distributor’s Allocable Portion in respect of the Class 529-C shares relating to a Fund shall be adjusted by agreement among the relevant parties; provided, however, if the Distributor, the Successor Distributor and the Fund cannot agree within thirty (30) days after the date of any such change in applicable laws or in any distributor’s contract, distribution plan, prospectus or the FINRA NASD Conduct Rules, they shall submit the question to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and the decision reached by the arbitrator shall be final and binding on each of them.

Appears in 1 contract

Samples: Principal Underwriting Agreement (Tax Exempt Bond Fund of America)

ADJUSTMENT OF THE DISTRIBUTOR’S ALLOCABLE PORTION AND EACH SUCCESSOR DISTRIBUTOR’S ALLOCABLE PORTION. The parties to the Distribution Agreement recognize that, if the terms of any distributor’s 's contract, any distribution plan, any prospectus, the FINRA NASD Conduct Rules or any other applicable law change so as to disproportionately reduce, in a manner inconsistent with the intent of this Distribution Agreement, the amount of the Distributor’s 's Allocable Portion or any Successor Distributor’s 's Allocable Portion had no such change occurred, the definitions of the Distributor’s 's Allocable Portion and/or the Successor Distributor’s 's Allocable Portion in respect of the Class 529-C shares relating to a Fund shall be adjusted by agreement among the relevant parties; provided, however, if the Distributor, the Successor Distributor and the Fund cannot agree within thirty (30) days after the date of any such change in applicable laws or in any distributor’s 's contract, distribution plan, prospectus or the FINRA NASD Conduct Rules, they shall submit the question to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and the decision reached by the arbitrator shall be final and binding on each of them.

Appears in 1 contract

Samples: Principal Underwriting Agreement (New Economy Fund)

ADJUSTMENT OF THE DISTRIBUTOR’S ALLOCABLE PORTION AND EACH SUCCESSOR DISTRIBUTOR’S ALLOCABLE PORTION. The parties Parties to the Distribution Agreement recognize that, if the terms of any distributor’s contract, any distribution plan, any prospectus, the FINRA Conduct Rules conduct rules or any other applicable law change, which change so as to disproportionately reducereduces, in a manner inconsistent with the intent of this Distribution Agreement, the amount of the Distributor’s Allocable Portion or any each Successor Distributor’s Allocable Portion had no such change occurred, the definitions of the Distributor’s Allocable Portion and/or the Successor Distributor’s Allocable Portion in respect of the Class 529-C shares Shares relating to a Fund such Portfolio shall be adjusted by agreement among the relevant partiesDistributor, its Transferees, each Successor Distributor and the Company; provided, however, if the Distributor, the its Transferees, each Successor Distributor and the Fund Company cannot agree within thirty (30) days after the date of any such change in applicable laws or in any distributor’s contract, distribution plan, prospectus or the FINRA Conduct Rulesconduct rules, they shall submit the question to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and the decision reached by the arbitrator shall be final and binding on each of them.. As Approved by Board of Directors at August, 2004 Meeting Schedule A to the Distribution Agreement SELLING AGENTS

Appears in 1 contract

Samples: Distribution Agreement (North Track Funds Inc)

ADJUSTMENT OF THE DISTRIBUTOR’S ALLOCABLE PORTION AND EACH SUCCESSOR DISTRIBUTOR’S ALLOCABLE PORTION. The parties Parties to the Distribution Agreement recognize that, if the terms of any distributor’s 's contract, any distribution plan, any prospectus, the FINRA Conduct Rules conduct rules or any other applicable law change, which change so as to disproportionately reducereduces, in a manner inconsistent with the intent of this Distribution Agreement, the amount of the Distributor’s 's Allocable Portion or any each Successor Distributor’s 's Allocable Portion had no such change occurred, the definitions of the Distributor’s 's Allocable Portion and/or the Successor Distributor’s 's Allocable Portion in respect of the Class 529-C shares Shares relating to a Fund such Portfolio shall be adjusted by agreement among the relevant partiesDistributor, its Transferees, each Successor Distributor and the Company; provided, however, if the Distributor, the its Transferees, each Successor Distributor and the Fund Company cannot agree within thirty (30) days after the date of any such change in applicable laws or in any distributor’s 's contract, distribution plan, prospectus or the FINRA Conduct Rulesconduct rules, they shall submit the question to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and the decision reached by the arbitrator shall be final and binding on each of them.. Schedule A to the Distribution Agreement SELLING AGENTS

Appears in 1 contract

Samples: Distribution Agreement (North Track Funds Inc)

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