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Dealer Status Sample Clauses

Dealer Status. In every transaction, you shall act as an independent contractor and not as an agent for the Fund, the Fund's transfer agent, any other dealer, or us. You agree that neither the Fund, the Fund's transfer agent, any other dealer, nor we shall be deemed an agent of you. Nothing herein shall constitute you as a partner of the Fund, the Fund's transfer agent, any other dealer, or us or render any of us liable for your obligations.
Dealer Status. In every transaction, you shall act as an independent contractor and not as an agent for the Funds, the Funds' transfer agent, any other dealer, or us. You agree that neither the Funds, the Funds' transfer agent, any other dealer, nor we shall be deemed an agent of you. Nothing herein shall constitute you as a partner of the Funds, the Funds' transfer agent, any other dealer, or us or render any of us liable for your obligations.
Dealer StatusNothing in this Agreement shall be construed in such a manner as to constitute one party the agent or legal representative of the other party for any purpose whatsoever. Neither party shall have any authority whatsoever, whether express or implied, to assume, create or incur any obligation or liability whatsoever on behalf of or in the name of the other party, or to bind the other party in any manner whatsoever. Neither party shall be liable for any damages, loss, cost or expense whatsoever, including incidental or consequential damages, resulting from any sale or other activities performed by the other party.
Dealer Status. If the donor is a dealer in real estate, the easement donation may be considered a donation of inventory, in which case the amount of the deduction could be limited to the donor’s cost or basis in the property. This issue is pending review by the Tax Court.
Dealer StatusIn the event that the Selling Chevrolet, Buick, GMC, Cadillac Dealer goes out of business or is unable to perform the services purchased, You may go to an alternate Chevrolet, Buick, GMC, Cadillac dealer. You may contact the Administrator for assistance in locating an alternate Chevrolet, Buick, GMC, Cadillac dealer to perform Your services. If the Administrator is unable to locate such a facility then We will reimburse You, the customer, reasonable and customary charges for services once proof of service has been received. Proof of service must be in the form of a receipt from a licensed service facility.
Dealer Status a. DEALER shall function as a Broker for AA, and shall, within the constraints of paragraph 5 below, using AA approved material, use its best efforts to advertise, promote, and solicit sales of AA Aircraft and AA Products. b. The DEALER shall be an Authorized AA Dealer for the Initial Contract Term. c. It is understood and agreed that DEALER enters into this Agreement as an independent contractor acting on its own account as a Broker for AA Aircraft and AA Products. d. Nothing herein contained shall be construed to imply DEALER is an agent, partner, or employee of AA. e. AA acknowledges that DEALER has full right to market the products of other manufacturers simultaneous with the exercise of the rights and obligations pursuant to this Agreement. f. DEALER is not permitted to enter into contracts on behalf of AA.
Dealer StatusNothing in this Agreement shall be construed in such a manner as to constitute Dealer the agent or legal representative of AquaCell for any purpose whatsoever. Dealer shall have no authority whatsoever, whether express or implied, to assume, create or incur any obligation or liability whatsoever on behalf or in the name of AquaCell, or to bind AquaCell in any manner whatsoever. AquaCell shall not be liable for any damages, loss, cost, or expense whatsoever, including incidental or consequential damages, resulting from any sale, service, repair or replacement performed by Dealer, except to the extent expressly provided herein with respect to AquaCell's warranty.

Related to Dealer Status

  • Broker-Dealer Status (a) Are you a broker-dealer? (b) If “yes” to Section 3(a), did you receive your Registrable Securities as compensation for investment banking services to the Company? Note: If “no” to Section 3(b), the Commission’s staff has indicated that you should be identified as an underwriter in the Registration Statement. (c) Are you an affiliate of a broker-dealer? (d) If you are an affiliate of a broker-dealer, do you certify that you purchased the Registrable Securities in the ordinary course of business, and at the time of the purchase of the Registrable Securities to be resold, you had no agreements or understandings, directly or indirectly, with any person to distribute the Registrable Securities? Note: If “no” to Section 3(d), the Commission’s staff has indicated that you should be identified as an underwriter in the Registration Statement.

  • Holder Status The Holder is an “accredited investor” as defined in Rule 501 under the Securities Act.

  • Purchaser Status At the time such Purchaser was offered the Securities, it was, and as of the date hereof it is, and on each date on which it exercises any Warrants, it will be an “accredited investor” as defined in Rule 501(a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9), (a)(12), or (a)(13) under the Securities Act.

  • Statutory Underwriter Status The Investor acknowledges that it will be disclosed as an “underwriter” and a “selling stockholder” in each Registration Statement and in any Prospectus contained therein to the extent required by applicable law and to the extent the Prospectus is related to the resale of Registrable Securities.

  • Reporting Issuer Status As at the date hereof, the Corporation is a “reporting issuer” in each of the Qualifying Jurisdictions within the meaning of the Canadian Securities Laws in such jurisdictions and is not currently in default of any requirement of the Canadian Securities Laws of such jurisdictions and the Corporation is not included on a list of defaulting reporting issuers maintained by any of the Canadian Securities Commissions;

  • Qualification Under State Securities Laws All registrations, qualifications, permits and approvals, if any, required under applicable state securities laws shall have been obtained for the lawful execution, delivery and performance of this Agreement.

  • Investment Adviser Status The Investment Adviser is duly registered and in good standing with the Commission as an investment adviser under the Advisers Act, and is not prohibited by the Advisers Act, the 1940 Act, the Rules and Regulations or the Advisers Act Rules and Regulations, from acting under the Investment Management Agreement as contemplated by the Registration Statement, each preliminary prospectus and the Prospectus.

  • Broker/Dealer Relationships Neither the Company nor any of the Subsidiaries (i) is required to register as a “broker” or “dealer” in accordance with the provisions of the Exchange Act or (ii) directly or indirectly through one or more intermediaries, controls or is a “person associated with a member” or “associated person of a member” (within the meaning set forth in the FINRA Manual).

  • Broker-Dealer Selection The Sub-Adviser is authorized to make decisions to buy and sell securities and other investments for each Series’ portfolio, broker-dealer selection, and negotiation of brokerage commission rates in effecting a security transaction. The Sub-Adviser’s primary consideration in effecting a security transaction will be to obtain the best execution for the Series, taking into account the factors specified in the prospectus and/or statement of additional information for the Trust, and determined in consultation with the Manager, which include price (including the applicable brokerage commission or dollar spread), the size of the order, the nature of the market for the security, the timing of the transaction, the reputation, the experience and financial stability of the broker-dealer involved, the quality of the service, the difficulty of execution, and the execution capabilities and operational facilities of the firm involved, and the firm’s risk in positioning a block of securities. Accordingly, the price to a Series in any transaction may be less favorable than that available from another broker-dealer if the difference is reasonably justified, in the judgment of the Sub-Adviser in the exercise of its fiduciary obligations to the Trust, by other aspects of the portfolio execution services offered. Subject to such policies as the Trust’s Board of Trustees or Manager may determine and consistent with Section 28(e) of the Securities Exchange Act of 1934, the Sub-Adviser shall not be deemed to have acted unlawfully or to have breached any duty created by this Agreement or otherwise solely by reason of its having caused a Series to pay a broker-dealer for effecting a portfolio investment transaction in excess of the amount of commission another broker-dealer would have charged for effecting that transaction, if the Sub-Adviser determines in good faith that such amount of commission was reasonable in relation to the value of the brokerage and research services provided by such broker-dealer, viewed in terms of either that particular transaction or the Sub-Adviser’s or the Manager’s overall responsibilities with respect to the Series and to their respective other clients as to which they exercise investment discretion. The Sub-Adviser will consult with the Manager to the end that portfolio transactions on behalf of a Series are directed to broker-dealers on the basis of criteria reasonably considered appropriate by the Manager. To the extent consistent with these standards, the Sub-Adviser is further authorized to allocate the orders placed by it on behalf of a Series to the Sub-Adviser if it is registered as a broker-dealer with the SEC, to an affiliated broker-dealer, or to such brokers and dealers who also provide research or statistical material, or other services to the Series, the Sub-Adviser, or an affiliate of the Sub-Adviser. Such allocation shall be in such amounts and proportions as the Sub-Adviser shall determine consistent with the above standards, and the Sub-Adviser will report on said allocation regularly to the Trust’s Board of Trustees indicating the broker-dealers to which such allocations have been made and the basis therefor.

  • Ineligible Issuer Status (i) At the earliest time after the filing of the Registration Statement that the Company or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2)) of the Offered Securities and (ii) at the date of this Agreement, the Company was not and is not an “ineligible issuer,” as defined in Rule 405, including (x) the Company or any other subsidiary in the preceding three years not having been convicted of a felony or misdemeanor or having been made the subject of a judicial or administrative decree or order as described in Rule 405 and (y) the Company in the preceding three years not having been the subject of a bankruptcy petition or insolvency or similar proceeding, not having had a registration statement be the subject of a proceeding under Section 8 of the Act and not being the subject of a proceeding under Section 8A of the Act in connection with the offering of the Securities, all as described in Rule 405.