Common use of Appointment of Distributor Clause in Contracts

Appointment of Distributor. The Fund appoints the Distributor as a principal underwriter and exclusive distributor of each class of its shares of beneficial interest (the "Shares") offered for sale from time to time pursuant to the then current prospectus of the Fund, subject to different combinations of front-end sales charges, distribution fees, service fees and contingent deferred sales charges. Classes of shares, if any, subject to a front-end sales charge and a distribution and/or service fee are referred to herein as "FESC Classes" and the Shares of such classes are referred to herein as "FESC Shares." Classes of shares, if any, subject to a contingent-deferred sales charge and a distribution and/or a service fee are referred to herein as "CDSC Classes" and Shares of such classes are referred to herein as "CDSC Shares." Classes of shares, if any, subject to a front-end sales charge, a contingent-deferred sales charge and a distribution and/or service fee are referred to herein as "Combination Classes" and Shares of such class are referred to herein as "Combination Shares." The Fund reserves the right to refuse at any time or times to sell Shares hereunder for any reason deemed adequate by the Board of Trustees of the Fund. The Distributor will use its best efforts to sell, through its organization and through other dealers and agents, the Shares which the Distributor has the right to purchase under Section 2 hereof, but the Distributor does not undertake to sell any specific number of Shares. The Distributor agrees that it will not take any long or short positions in the Shares, except for long positions in those Shares purchased by the Distributor in accordance with any systematic sales plan described in the then current Prospectus of the Fund and except as permitted by Section 2 hereof, and that so far as it can control the situation, it will prevent any of its trustees, officers or shareholders from taking any long or short positions in the Shares, except for legitimate investment purposes.

Appointment of Distributor. The Each Fund appoints the Distributor as a principal underwriter and exclusive distributor of each class of its shares of beneficial interest or shares of common stock, as the case may be (collectively, the "Shares") offered for sale from time to time pursuant to the then current prospectus and/or statement of additional information (collectively, the "Prospectus") of the Fund, Fund subject to different combinations of front-end sales charges, distribution fees, service fees and contingent deferred sales charges. Classes of shares, if any, subject to a front-end sales charge and a distribution and/or service fee are referred to herein as "FESC Classes" and the Shares of such classes are referred to herein as "FESC Shares." Classes of shares, if any, subject to a contingent-deferred sales charge and a distribution and/or a service fee are referred to herein as "CDSC Classes" and Shares of such classes are referred to herein as "CDSC Shares." Classes of shares, if any, subject to a front-end sales charge, a contingent-deferred sales charge and a distribution and/or service fee are referred to herein as "Combination Classes" and Shares of such class are referred to herein as "Combination Shares." The Each Fund reserves the right to refuse at any time or times to sell Shares hereunder for any reason deemed adequate by the Board of Trustees or Board of Directors, as the case may be (collectively, the "Board of Trustees" or "Trustees") of the Fund. The Distributor will use its best efforts to sell, through its organization and through other dealers and agents, the Shares which the Distributor has the right to purchase under Section 2 3 hereof, but the Distributor does not undertake to sell any specific number of Shares. Without the prior approval of the Board of Trustees), the Distributor shall not, directly or indirectly, distribute, sell or market, through its organization or other brokers, dealers or agents, shares of any investment companies unless the Board of Trustees of a Fund determines that such companies do not compete, or potentially compete, with the Fund. The Distributor agrees that it will not take any long or short positions in the Shares, except for long positions in those Shares purchased by the Distributor in accordance with any systematic sales plan described in the then current Prospectus of the Fund and except as permitted by Section 2 3 hereof, and that so far as it can control the situation, it will prevent any of its directors, trustees, officers or shareholders from taking any long or short positions in the Shares, except for legitimate investment purposes.

Appointment of Distributor. The Each Fund appoints the Distributor as a principal underwriter and exclusive distributor of each class of its shares of beneficial interest or shares of common stock, as the case may be (collectively, the "“Shares"”) offered for sale from time to time pursuant to the then current prospectus and/or statement of additional information (collectively, the “Prospectus”) of the Fund, Fund subject to different combinations of front-end sales charges, distribution fees, service fees and contingent deferred sales charges. Classes of shares, if any, subject to a front-end sales charge and a distribution and/or service fee are referred to herein as "“FESC Classes" ” and the Shares of such classes are referred to herein as "“FESC Shares." ” Classes of shares, if any, subject to a contingent-deferred sales charge and a distribution and/or a service fee are referred to herein as "“CDSC Classes" ” and Shares of such classes are referred to herein as "“CDSC Shares." ” Classes of shares, if any, subject to a front-end sales charge, a contingent-deferred sales charge and a distribution and/or service fee are referred to herein as "“Combination Classes" ” and Shares of such class are referred to herein as "“Combination Shares." The ” Each Fund reserves the right to refuse at any time or times to sell Shares hereunder for any reason deemed adequate by the Board of Trustees or Board of Directors, as the case may be (collectively, the “Board of Trustees” or “Trustees”) of the Fund. The Distributor will use its best efforts to sell, through its organization and through other dealers and agents, the Shares which the Distributor has the right to purchase under Section 2 3 hereof, but the Distributor does not undertake to sell any specific number of Shares. Without the prior approval of the Board of Trustees), the Distributor shall not, directly or indirectly, distribute, sell or market, through its organization or other brokers, dealers or agents, shares of any investment companies unless the Board of Trustees of a Fund determines that such companies do not compete, or potentially compete, with the Fund. The Distributor agrees that it will not take any long or short positions in the Shares, except for long positions in those Shares purchased by the Distributor in accordance with any systematic sales plan described in the then current Prospectus of the Fund and except as permitted by Section 2 3 hereof, and that so far as it can control the situation, it will prevent any of its directors, trustees, officers or shareholders from taking any long or short positions in the Shares, except for legitimate investment purposes.

Appointment of Distributor. The Fund Appointment. Manufacturer hereby appoints the Distributor as a principal underwriter and exclusive Manufacturer 's nonexclusive distributor of each class of alpha prime Products in the Territory, and Distributor accepts that position. It is understood that Manufacturer cannot lawfully prevent its shares of beneficial interest (the "Shares") offered distributors located elsewhere from supplying Products for sale from time or use within the Territory and that it has no obligation to time pursuant do so. Referrals. If Manufacturer or any Affiliate is contacted by any party inquiring about the purchase of alpha prime Products in the Territory, Manufacturer shall, or shall cause that Affiliate to, refer such party to Distributor. Relationship of Parties. Distributor is an independent contractor and is not the then current prospectus legal representative or agent of the Fund, subject to different combinations of front-end sales charges, distribution fees, service fees and contingent deferred sales charges. Classes of shares, if any, subject to a front-end sales charge and a distribution and/or service fee are referred to herein as "FESC Classes" and the Shares of such classes are referred to herein as "FESC Shares." Classes of shares, if any, subject to a contingent-deferred sales charge and a distribution and/or a service fee are referred to herein as "CDSC Classes" and Shares of such classes are referred to herein as "CDSC Shares." Classes of shares, if any, subject to a front-end sales charge, a contingent-deferred sales charge and a distribution and/or service fee are referred to herein as "Combination Classes" and Shares of such class are referred to herein as "Combination Shares." The Fund reserves the right to refuse at any time or times to sell Shares hereunder Manufacturer for any reason purpose and shall have no right or authority (except as expressly provided in this Agreement) to incur, assume or create in writing or otherwise, any warranty on the part of Manufacturer. Manufacturer shall not exercise any control over any of Distributor's employees, all of who are entirely under the control of Distributor. Distributor shall be responsible for the acts and omissions of Distributor's employees. Distributor accepts exclusive liability for all contributions and payroll taxes required under Federal Income Tax Law, Federal Social Security Laws and State for its employees Nothing contained in this Agreement shall be deemed adequate to create any partnership or joint venture relationship between the parties. Sale of Products by the Board of Trustees of the FundDistributor. The Distributor will shall use its best efforts to selldistribute alpha prime Products and to fully develop the market for the Products within the Territory. The parties agree that if Distributor's best aplied, through its organization a minimum of Products ("Annual Market Potential") will be purchased and through other dealers distributed in the Territory during the first year of this Agreement. At the beginning of each subsequent year the parties will consult together in good faith and agentsagree on the Annual Market Potential applicable to that year; provided, however, that if they cannot agree, the Shares which Annual Market Potential for the Distributor has immediately Preceding year will apply to the right to purchase under Section 2 hereof, but the Distributor does not undertake to sell any specific number of Sharescurrent year. The Competing Products. Distributor agrees that it will not take distribute or represent any long or short positions alpha prime Products in the Shares, except for long positions in those Shares purchased by Territory that compete with alpha prime Products during the Distributor in accordance with term of this Agreement or any systematic sales plan described in the then current Prospectus of the Fund and except as permitted by Section 2 hereof, and that so far as it can control the situation, it will prevent any of its trustees, officers or shareholders from taking any long or short positions in the Shares, except for legitimate investment purposesextensions thereof.