Common use of DUTIES AND REPRESENTATIONS OF THE DISTRIBUTOR Clause in Contracts

DUTIES AND REPRESENTATIONS OF THE DISTRIBUTOR. (a) The Distributor represents and warrants that this Agreement has been duly authorized by all necessary action by the Distributor under the 1934 Act and any other applicable federal or state laws or regulations. (b) The Distributor shall at all times during the term of this Agreement remain registered as a broker-dealer under the 1934 Act and shall also remain a member in good standing of the NASD. The Distributor shall immediately notify the Sub-Distributor in writing if it receives written notification that such registrations or membership has been temporarily or permanently suspended, limited or terminated. (c) In connection with all matters relating to this Agreement, the Distributor agrees to act in conformity with the Trust's Agreement and Declaration of Trust and By-Laws and with the instructions of the Board and to comply with the requirements of the 1933 Act, the 1934 Act, the 1940 Act, the regulations of the NASD and all other applicable federal or state laws and regulations. (d) The Distributor represents that, pursuant to the terms of the Distribution Agreement, it is the principal underwriter for the Trust, and shall notify the Sub-Distributor in writing immediately upon termination of its role as underwriter, or upon assignment or termination of the Distribution Agreement.

DUTIES AND REPRESENTATIONS OF THE DISTRIBUTOR. (a) The Distributor represents and warrants that this Agreement has been duly authorized by all necessary action by the Distributor under the 1934 Act and any other applicable federal or state laws or regulations. (b) The Distributor shall at all times during the term of this Agreement remain registered as a broker-dealer under the 1934 Act and shall also remain a member in good standing of the NASD. The Distributor shall immediately notify the Sub-Distributor in writing if it receives written notification that such registrations or membership has been temporarily or permanently suspended, limited or terminated.. 4 (c) In connection with all matters relating to this Agreement, the Distributor agrees to act in conformity with the Trust's ’s Agreement and Declaration of Trust and By-Laws and with the instructions of the Board and to comply with the requirements of the 1933 Act, the 1934 Act, the 1940 Act, the regulations of the NASD and all other applicable federal or state laws and regulations. (d) The Distributor represents that, pursuant to the terms of the Distribution Agreement, it is the principal underwriter for the Trust, and shall notify the Sub-Distributor in writing immediately upon termination of its role as underwriter, or upon assignment or termination of the Distribution AgreementAgreement 5.

DUTIES AND REPRESENTATIONS OF THE DISTRIBUTOR. (a) The Distributor represents and warrants that this Agreement has been duly authorized by all necessary action by the Distributor under the 1934 Act and any other applicable federal or state laws or regulations. (b) The Distributor shall at all times during the term of this Agreement remain registered as a broker-dealer under the 1934 Act and shall also remain a member in good standing of the NASD. The Distributor shall immediately notify the Sub-Distributor in writing if it receives written notification that such registrations or membership has been temporarily or permanently suspended, limited or terminated. (c) In connection with all matters relating to this Agreement, the Distributor agrees to act in conformity with the Trust's ’s Agreement and Declaration of Trust and By-Laws and with the instructions of the Board and to comply with the requirements of the 1933 Act, the 1934 Act, the 1940 Act, the regulations of the NASD and all other applicable federal or state laws and regulations. (d) The Distributor represents that, pursuant to the terms of the Distribution Agreement, it is the principal underwriter for the Trust, and shall notify the Sub-Distributor in writing immediately upon termination of its role as underwriter, or upon assignment or termination of the Distribution Agreement.

DUTIES AND REPRESENTATIONS OF THE DISTRIBUTOR. (a) The Distributor represents and warrants that this Agreement has been duly authorized by all necessary action by the Distributor under the 1934 Act and any other applicable federal or state laws or regulations. (b) The Distributor shall at all times during the term of this Agreement remain registered as a broker-dealer under the 1934 Act and shall also remain a member in good standing of the NASDFINRA. The Distributor shall immediately notify the Sub-Distributor in writing if it receives written notification that such registrations or membership has been temporarily or permanently suspended, limited or terminated. (c) In connection with all matters relating to this Agreement, the Distributor agrees to act in conformity with the Trust's Agreement and Declaration of Trust and By-Laws and with the instructions of the Board and to comply with the requirements of the 1933 Act, the 1934 Act, the 1940 Act, the regulations of the NASD FINRA and all other applicable federal or state laws and regulations. (d) The Distributor represents that, pursuant to the terms of the Distribution Agreement, it is the principal underwriter for the Trust, and shall notify the Sub-Distributor in writing immediately upon termination of its role as underwriter, or upon assignment or termination of the Distribution Agreement.

DUTIES AND REPRESENTATIONS OF THE DISTRIBUTOR. (a) The Distributor represents and warrants that this Agreement has been duly authorized by all necessary action by the Distributor under the 1934 Act and any other applicable federal or state laws or regulations. (b) The Distributor shall at all times during the term of this Agreement remain registered as a broker-dealer under the 1934 Act and shall also remain a member in good standing of the NASDFINRA. The Distributor shall immediately notify the Sub-Distributor in writing if it receives written notification that such registrations or membership has been temporarily or permanently suspended, limited or terminated. (c) In connection with all matters relating to this Agreement, the Distributor agrees to act in conformity with the Trust's ’s Agreement and Declaration of Trust and By-Laws and with the instructions of the Board and to comply with the requirements of the 1933 Act, the 1934 Act, the 1940 Act, the regulations of the NASD FINRA and all other applicable federal or state laws and regulations. (d) The Distributor represents that, pursuant to the terms of the Distribution Agreement, it is the principal underwriter for the Trust, and shall notify the Sub-Distributor in writing immediately upon termination of its role as underwriter, or upon assignment or termination of the Distribution Agreement.