Common use of DEALERS' UNDERTAKINGS Clause in Contracts

DEALERS' UNDERTAKINGS. No person is authorized to make any representation concerning shares of the Funds except those contained in the then current Prospectus (and/or Statement of Additional Information, if any). The Dealer shall not sell shares of the Funds pursuant to this Agreement unless the then current Prospectus is furnished to the purchaser prior to the offer and sale. The Dealer shall not use any supplemental sales literature of any kind without prior written approval of the Underwriter unless it is furnished by the Underwriter for such purpose. In offering and selling shares of the Funds, the Dealer shall rely solely on the representations contained in the then current Prospectus (and/or Statement of Additional Information, if any). In offering and selling shares of the Funds, the Dealer shall comply with all applicable state and federal laws and regulations and all applicable rules of the National Association of Securities Dealers, Inc. (the "NASD"). In the event of the suspension, revocation, cancellation or other impairment of the Dealer's membership in the NASD or the Dealer's registration, license or qualification to sell shares of the Funds under any applicable state or federal law or regulation, the Dealer shall give the Underwriter prompt notice of such suspension, revocation, cancellation or other impairment, and the Dealer's authority under this Agreement shall thereupon terminate as provided in paragraph 12. With respect to any Fund offering multiple classes of shares, the Dealer shall disclose to prospective investors the existence of all available classes of such Fund and shall determine the suitability of each available class as an investment for each such prospective investor.

Appears in 9 contracts

Samples: Dealer Sales Agreement (Advantus International Balanced Fund Inc), Dealer Sales Agreement (Advantus Mortgage Securities Fund Inc), Dealer Sales Agreement (Advantus Cornerstone Fund Inc)

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DEALERS' UNDERTAKINGS. No person is authorized to make any representation representations concerning shares of the Funds except those contained in the then current Prospectus (and/or Statement of Additional Information, if any). The Dealer shall not sell shares of the Funds pursuant to this Agreement unless the then current Prospectus is furnished to the purchaser prior to the offer and sale. The Dealer shall not use any supplemental sales literature of any kind without prior written approval of the Underwriter unless it is furnished by the Underwriter for such purpose. In offering and selling shares of the Funds, the Dealer shall rely solely on the representations contained in the then current Prospectus (and/or Statement of Additional Information, if any). In offering and selling shares of the Funds, the Dealer shall comply with all applicable state and federal laws and regulations and regulation sand all applicable rules of the National Association of Securities Dealers, Inc. (the "NASD"). In the event of the suspension, revocation, cancellation or other impairment of the Dealer's membership in the NASD or the Dealer's registration, license or qualification to sell shares of the Funds under any applicable state or federal law or regulation, the Dealer shall give the Underwriter prompt notice of such suspension, revocation, cancellation or other impairment, and the Dealer's authority under this Agreement shall thereupon terminate as provided in paragraph 12. With respect to any Fund offering multiple classes of shares, the Dealer shall disclose to prospective investors the existence of all available classes of such Fund and shall determine the suitability of each available class as an investment for each such prospective investor.

Appears in 1 contract

Samples: Dealer Sales Agreement (Lifeusa Funds Inc)

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