All Funds. In addition to the compensation described in Section 4(a) above, as applicable, and subject to any limitations set forth in the FINRA’s Rules of Conduct, including without limitation Rule 2830, Distributor will pay Dealer, with respect to each of the Funds for which a Distribution Plan pursuant to Rule 12b-1 of the 1940 Act is in place for such Shares and under which a fee may be paid to broker-dealers for providing distribution or shareholder services (“12b-1 Funds”), a monthly fee computed at the annual rate as described in the Fund’s Prospectus. The fee will be paid for the period Shares of the 12b-1 Funds are held in accounts for which Dealer provides services as described in Section 3 above; provided, however, that any waiver of such fee by Distributor will apply likewise to Dealer and Distributor is obligated to pay such fee to Dealer only so long as the Distributor is reimbursed by such 12b-1 Funds for such fees. Dealer agrees that, notwithstanding any other provision herein to the contrary, Dealer will waive payment of any fee payable hereunder until Aberdeen Fund Distributors has received payment from the Fund(s), and that Aberdeen Fund Distributors’ liability to Dealer for any such fee payable to Dealer is limited to the amount of fees received by Aberdeen Fund Distributors from the Funds. If any Shares sold to Dealer under the terms of this Agreement are repurchased by a Fund, or are tendered for redemption, within seven business days after the date of Distributor’s confirmation of the original purchase by Dealer, Dealer shall promptly refund to Distributor the full Dealer Commission received by Dealer pursuant to Section 4(a) above or Distributor reserves the right to deduct such amount from any current or future compensation due Dealer.
Appears in 9 contracts
Samples: Dealer Agreement (Aberdeen Funds), Dealer Agreement (Aberdeen Funds), Dealer Agreement (Aberdeen Funds)