Appointment as Distributor. (a) The Trust hereby appoints BISYS as the exclusive Distributor and representative of the Trust to act as agent for the sale and distribution of Shares of each Series described in the currently effective prospectuses (hereinafter referred to as "Prospectuses" or a "Prospectus") and registration statement ("Registration Statement") of the Trust. The Trust during the term of this Agreement shall sell its Shares through BISYS upon the terms and conditions set forth below.
(b) BISYS shall use its best efforts to solicit orders for the sale of Shares. It is contemplated that BISYS will enter into sales or servicing agreements with securities dealers, financial institutions and other industry professionals, such as investment advisers, accountants and estate planning firms, and in so doing will act only on its own behalf as principal. No securities dealer or other person who enters into a servicing agreement with BISYS shall be authorized to act as an agent for the Trust or its Series in connection with the offering or sale of Shares to the public or otherwise.
(c) BISYS shall prepare or review, provide advice with respect to, and file with the federal and state agencies or other organizations as required by federal, state, and other applicable laws and regulations, all sales literature (advertisements, brochures and shareholder communications) for each of the Series and any classes of Shares thereof.
(d) In the event that the Trust establishes one or more additional investment portfolios other than the Series with respect to which it desires to retain BISYS to act as the exclusive Distributor and representative hereunder, the Trust shall notify BISYS in writing. If BISYS is willing to render such services it shall notify the Trust in writing whereupon, subject to such approval as may be required pursuant to Section 13 hereof, or any necessary regulatory or shareholder approvals, such portfolio shall become a Series hereunder and the compensation payable by such new Series to BISYS will be as agreed in writing at the time.
Appointment as Distributor. Subject to the terms and conditions of this Agreement, the Company hereby appoints you as its distributor for the purpose of offering the Notes for sale on a continuous basis, unless such offering of Notes is terminated by the Company. On the basis of the representations and warranties herein contained, but subject to the terms and conditions herein set forth, you hereby accept such appointment. In this capacity you will act as the Company’s agent and follow the Company’s written or oral instructions in offering or soliciting purchases of the Notes on behalf of the Company. All sales or solicitations to purchase the Notes shall be subject to all applicable laws, rules and regulations.
Appointment as Distributor. (a) Subject to the terms and conditions of this Agreement, the Fund hereby appoints the Distributor as its exclusive distributor in connection with the distribution of the Shares to brokerage customers of the Distributor, and the Distributor hereby accepts such appointment.
(b) The Distributor agrees to use its best efforts to offer and sell Shares to investors that the Distributor reasonably believes meet the eligibility requirements set forth in the Registration Statement.
(c) The Fund, the Investment Adviser and/or any administrator or transfer agent appointed by the Fund or the Investment Adviser (the “Administrator”), in its or their sole discretion, may return to the Distributor any Subscription Agreement that is not completed to its or their satisfaction and the Fund shall be under no obligation to accept any Subscription Agreement.
(d) The Distributor acknowledges that Shares will be offered and sold only as set forth in the Registration Statement including, without limitation, pricing of Shares, handling of investor funds, subscription dates and investor eligibility standards.
(e) The Fund may suspend or terminate the offering of the Shares at any time as to specific classes of investors, as to specific jurisdictions or otherwise. Upon notice to the Distributor of the terms of such suspension or termination, the Distributor shall suspend solicitation of subscriptions for Shares in accordance with such terms until the Fund notifies the Distributor that such solicitation may be resumed.
(f) It is acknowledged and agreed that the Distributor is not obligated to sell any specific number of Shares or to purchase any Shares for its own account. The Fund shall be entitled to appoint other distributors to distribute Shares to persons other than brokerage customers of the Distributor.
Appointment as Distributor. Subject to the terms and conditions of this Agreement, Orphan Medical hereby appoints Celltech, and Celltech accepts such appointment, as Orphan Medical's exclusive distributor of the Product in the Territory. During the Term of this Agreement, Celltech shall purchase all of its requirements of the Product from Orphan Medical as the sole supplier except as follows:
Appointment as Distributor. NetIQ hereby grants to Tech Data the non- -------------------------- exclusive right and license to distribute Products during the term of this Agreement within the Territory, together with any updates or enhancements to the Products and any new releases related to the Products. This license includes the right to order, possess and distribute the Products to Customers and to provide the Products to Customers for use on demonstration units. NetIQ and Tech Data acknowledge and agree that the license to use the Product is solely between NetIQ and the End User and is governed by the terms of the Vendor's standard use license enclosed with the Product. This Agreement does not grant NetIQ or Tech Data an exclusive right to purchase or sell Products and shall not prevent either party from developing or acquiring other vendors or customers or competing Products. Tech Data will use commercially reasonable efforts to promote distribution of the Products. NetIQ agrees that Tech Data may obtain Products in accordance with this Agreement for the benefit of its parent, affiliates and subsidiaries. Said parent, affiliates and subsidiaries of Tech Data shall be entitled to order Products directly from NetIQ pursuant to this Agreement.
Appointment as Distributor. The Contractor agrees to and shall solicit sales of the Products to those accounts identified by the Contractor that are or that may be interested in acquiring the Products.
Appointment as Distributor. BMS hereby grants, to NA, under the terms and conditions of this Agreement, the non-exclusive right to market, distribute and sell the terminally sterilized Technetium (Tc-99m) generators, Gallium Citrate Ga-67 Injection and Xe-133 gas products and accessory products hereafter identified on Exhibit A attached hereto (“Products”) in the ****, to include the ****. In addition BMS agrees to supply to NA Radiopharmacies in ****, solely for unit dose preparation in ****, those Tc-99m Generators, Ga-67 and Xe-133 Products listed on Exhibit A. NA Radiopharmacies in **** are defined as those entities in which NA has at least a ****% ownership position. In addition, BMS agrees to supply Products to those NA non-radiopharmacy accounts that are under contract on the date of this Agreement and listed on Exhibit F, until the expiration of such contract with the NA non-radiopharmacy account. Hereinafter, the term “Territory” shall refer to both **** and **** so described above.
Appointment as Distributor. The Fund hereby appoints the Distributor as a general distributor of shares of beneficial interest of all Portfolios of the Fund now in existence or hereafter created (the "shares"). Nothing herein shall be construed to prevent the Fund from employing other general distributors of the shares or to prohibit the Fund from acting as distributor of its shares, and the Fund reserves the right to sell its shares to investors upon applications received by the Fund or its agents.
Appointment as Distributor. Subject to the terms and conditions of this Agreement, Supplier hereby grants to Distributor, and Distributor hereby accepts from Supplier, an exclusive right and license to import, market and distribute the Products in the Territory.
Appointment as Distributor. Subject to Section 10, CDI hereby appoints LTC as CDI's exclusive distributor of E8 Media and E8 Kits in the Field and in the Territory for the Term. The foregoing appointment includes the rights by LTC for all E8 Media purchased by LTC pursuant to Section 10.1 hereunder to (a) use the E8 Media and E8 Kits in the Field and in the Territory, (b) convey to customers the right to use E8 Media and E8 Kits in the Field, (c) convey to customers the right to use Third Parties use the E8 Media and E8 Kits in the Field on such customer's behalf with no rights to such Third Parties to resell or redistribute the E8 Media or E8 Kits, (d) employ Affiliates to make, use and sell E8 Media and E8 Kits in the Field, (e) employ Third Party distributors to sell E8 Media and E8 Kits in the Field; provided that, such Third Party distributors have been approved in advance and in writing by CDI; (f) sell the E8 Media and E8 Kits under LTC's trademarks and CDI's Trademarks as contemplated herein; and (g) employ Third Party contract manufacturers to make E8 Media and E8 Kits under LTC's and CDI's label in the Field; provided that, such Third Party contract manufacturers have been approved in advance and in writing by CDI. LTC acknowledges that other Third Parties in the Field pursuant to rights granted by XXXX or others may have rights to distribute and sell products similar to the E8 Media using the same or substantially similar Formulation as the E8 Media. Other than the rights granted pursuant to this Agreement (a) to manufacture E8 Media and E8 Kits for CDI, and (b) distribute and sell the E8 Media and E8 Kits to CDI and to Third Parties, LTC shall obtain no rights in the E8 Media, E8 Kits or the Formulation.
