Common use of Exclusive Nature of Duties Clause in Contracts

Exclusive Nature of Duties. (a) AFD shall be the exclusive representative of the Funds to act as distributor of the Funds except that the rights given under this Agreement to AFD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class thereof; (ii) the Trust’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ shareholders of dividends or other distributions; or (iv) any other offering by the Funds of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds further understand that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree that the services that AFD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds under this Agreement.

Exclusive Nature of Duties. (a) AFD shall be the exclusive representative of the Funds Trust to act as distributor of the Funds except that the rights given under this Agreement to AFD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class Class thereof; (ii) the Trust’s a Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ a Fund's shareholders of dividends or other distributions; or (iv) any other offering by the Funds Trust of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds Trust further understand understands that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree Trust agrees that the services that AFD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds Trust under this Agreement.

Exclusive Nature of Duties. (a) AFD DISTRIBUTOR shall be the exclusive representative of the Funds to act as distributor of the Funds except that the rights given under this Agreement to AFD DISTRIBUTOR shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class thereof; (ii) the TrustTRUST’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ shareholders of dividends or other distributions; or (iv) any other offering by the Funds of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD DISTRIBUTOR is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds further understand that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree that the services that AFD DISTRIBUTOR provides to such other investment companies shall not be deemed in conflict with its duties to the Funds under this Agreement.

Exclusive Nature of Duties. (a) AFD XTF CAPITAL shall be the exclusive representative of the Funds to act as distributor of the Funds except that the rights given under this Agreement to AFD XTF CAPITAL shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class thereof; (ii) the Trust’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ shareholders of dividends or other distributions; or (iv) any other offering by the Funds of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD XTF CAPITAL is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds further understand that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree that the services that AFD XTF CAPITAL provides to such other investment companies shall not be deemed in conflict with its duties to the Funds under this Agreement.

Exclusive Nature of Duties. (a) AFD Distributor shall be the exclusive representative of the Funds Trust to act as distributor of the Funds except that the rights given under this Agreement to AFD Distributor shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class Class thereof; (ii) the Trust’s a Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ a Fund's shareholders of dividends or other distributions; or (iv) any other offering by the Funds Trust of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD Distributor is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds Trust further understand understands that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree Trust agrees that the services that AFD Distributor provides to such other investment companies shall not be deemed in conflict with its duties to the Funds Trust under this Agreement.

Exclusive Nature of Duties. (a) AFD NLD shall be the exclusive representative of the Funds to act as distributor of the Funds except that the rights given under this Agreement to AFD NLD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class thereof; (ii) the Trust’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ shareholders of dividends or other distributions; or (iv) any other offering by the Funds of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD NLD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds further understand that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree that the services that AFD NLD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds under this Agreement.

Exclusive Nature of Duties. (a) AFD NLD shall be the exclusive representative of the Funds to act as distributor of the Funds except that the rights given under this Agreement to AFD NLD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class thereof; (ii) the TrustCorporation’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ shareholders of dividends or other distributions; or (iv) any other offering by the Funds of securities to its shareholders (collectively "“exempt transactions"”). (b) Notwithstanding the foregoing, AFD NLD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds Corporation further understand understands that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree Corporation agrees that the services that AFD NLD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds under this Agreement.

Exclusive Nature of Duties. (a) AFD LTC shall be the exclusive representative of the Funds to act as distributor of the Funds except that the rights given under this Agreement to AFD LTC shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class thereof; (ii) the Trust’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ shareholders of dividends or other distributions; or (iv) any other offering by the Funds of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD LTC is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds further understand that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree that the services that AFD LTC provides to such other investment companies shall not be deemed in conflict with its duties to the Funds under this Agreement.

Exclusive Nature of Duties. (a) AFD Distributor shall be the exclusive representative of the Funds Trust to act as distributor of the Funds Funds, except that the rights given under this Agreement to AFD Distributor shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class Class thereof; (ii) the Trust’s a Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ a Fund's shareholders of dividends or other distributions; or (iv) any other offering by the Funds Trust of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD Distributor is and may in the future distribute shares of other investment companies companies, including investment companies having investment objectives similar to those of the Funds. The Funds Trust further understand understands that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree Trust agrees that the services that AFD Distributor provides to such other investment companies shall not be deemed in conflict with its duties to the Funds Trust under this Agreement.

Exclusive Nature of Duties. (a) AFD NLD shall be the exclusive representative of the Funds to act as distributor of the Funds except that the rights given under this Agreement to AFD NLD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class thereof; (ii) the TrustCompany’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ shareholders of dividends or other distributions; or (iv) any other offering by the Funds of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD NLD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds further understand that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree that the services that AFD NLD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds under this Agreement.

Exclusive Nature of Duties. (a) AFD shall be the exclusive representative of the Funds to act as distributor of the Funds Funds, except that the rights given under this Agreement to AFD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class thereof; (ii) the Trust’s 's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ ' shareholders of dividends or other distributions; or (iv) any other offering by the Funds of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds further understand that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree that the services that AFD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds under this Agreement.

Exclusive Nature of Duties. (a) AFD AmeriMutual shall be the exclusive representative of the Funds Trust to act as distributor of the Funds except that the rights given under this Agreement to AFD AmeriMutual shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class Class thereof; (ii) the Trust’s a Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ a Fund's shareholders of dividends or other distributions; or (iv) any other offering by the Funds Trust of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD AmeriMutual is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds Trust further understand understands that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree Trust agrees that the services that AFD AmeriMutual provides to such other investment companies shall not be deemed in conflict with its duties to the Funds Trust under this Agreement.

Exclusive Nature of Duties. (a) AFD OFD shall be the exclusive representative of the Funds Fund to act as distributor of the Funds Fund except that the rights given under this Agreement to AFD OFD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class Class thereof; (ii) the Trust’s 's s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ Fund's shareholders of dividends or other distributions; or (iv) any other offering by the Funds Fund of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD OFD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the FundsFund. The Funds Fund further understand understands that existing and future investors in the Funds Fund may invest in shares of such other investment companies. The Funds agree Fund agrees that the services that AFD OFD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds Fund under this Agreement.

Exclusive Nature of Duties. (a) AFD OFD shall be the exclusive representative of the Funds Trust to act as distributor of the Funds except that the rights given under this Agreement to AFD OFD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class Class thereof; (ii) the Trust’s a Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ a Fund's shareholders of dividends or other distributions; or (iv) any other offering by the Funds Trust of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD OFD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds Trust further understand understands that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree Trust agrees that the services that AFD OFD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds Trust under this Agreement.

Exclusive Nature of Duties. (a) AFD shall be the exclusive representative of the Funds to act as distributor of the Funds except that the rights given under this Agreement to AFD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class c lass thereof; (ii) the Trust’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ shareholders of dividends or other distributions; or (iv) any other offering by the Funds of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds further understand that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree that the services that AFD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds under this Agreement.

Exclusive Nature of Duties. (a) AFD AmeriMutual shall be the exclusive representative of the Funds Corporation to act as distributor of the Funds except that the rights given under this Agreement to AFD AmeriMutual shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class Class thereof; (ii) the Trust’s a Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ a Fund's shareholders of dividends or other distributions; or (iv) any other offering by the Funds Corporation of securities to its shareholders (collectively "exempt transactions"). (b) . Notwithstanding the foregoing, AFD AmeriMutual is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds Corporation further understand understands that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree Corporation agrees that the services that AFD AmeriMutual provides to such other investment companies shall not be deemed in conflict with its duties to the Funds Corporation under this Agreement.

Exclusive Nature of Duties. (a) AFD shall be the exclusive representative of the Funds to act as distributor of the Funds except that the rights given under this Agreement to AFD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class thereof; (ii) the TrustCorporation’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ shareholders of dividends or other distributions; or (iv) any other offering by the Funds of securities to its shareholders (collectively "“exempt transactions"”). (b) Notwithstanding the foregoing, AFD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds Corporation further understand understands that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree Corporation agrees that the services that AFD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds under this Agreement.

Exclusive Nature of Duties. (a) AFD shall be the exclusive representative of each of the Funds to act as distributor of each of the Funds except that the rights given under this Agreement to AFD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class thereof; (ii) the Trust’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ shareholders of dividends or other distributions; or (iv) any other offering by any of the Funds of securities to its their shareholders (collectively "“exempt transactions"”). (b) Notwithstanding the foregoing, AFD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds further understand that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree that the services that AFD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds under this Agreement.

Exclusive Nature of Duties. (a) AFD OFD shall be the exclusive representative of the Funds Fund to act as distributor of the Funds Fund except that the rights given under this Agreement to AFD OFD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class Class thereof; (ii) the Trust’s Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ Fund's shareholders of dividends or other distributions; or (iv) any other offering by the Funds Fund of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD OFD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the FundsFund. The Funds Fund further understand understands that existing and future investors in the Funds Fund may invest in shares of such other investment companies. The Funds agree Fund agrees that the services that AFD OFD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds Fund under this Agreement.

Exclusive Nature of Duties. (a) AFD LBC shall be the exclusive representative of the Funds Fund to act as distributor of the Funds Shares of the Fund except that the rights given under this Agreement to AFD LBC shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a the Fund or class thereof; (ii) the Trust’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ Fund’s shareholders of dividends or other distributions; or (iv) any other offering by the Funds Fund of securities to its shareholders (collectively "“exempt transactions"”). (b) Notwithstanding the foregoing, AFD LBC is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the FundsFund. The Funds Fund further understand understands that existing and future investors in the Funds Fund may invest in shares of such other investment companies. The Funds agree Fund agrees that the services that AFD LBC provides to such other investment companies shall not be deemed in conflict with its duties to the Funds Fund under this Agreement.

Exclusive Nature of Duties. (a) AFD shall be the exclusive representative of the Funds to act as distributor of the Funds Funds, except that the rights given under this Agreement to AFD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class thereof; (ii) the Trust’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ shareholders of dividends or other distributions; or (iv) any other offering by the Funds of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds further understand that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree that the services that AFD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds under this Agreement.

Exclusive Nature of Duties. (a) AFD NLD shall be the exclusive representative of the Funds to act as distributor of the Funds except that the rights given under this Agreement to AFD NLD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class thereof; (ii) the TrustCorporation’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ shareholders of dividends or other distributions; or (iv) any other offering by the Funds of securities securit ies to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD NLD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds Corporation further understand understands that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree Corporation agrees that the services that AFD NLD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds under this Agreement.

Exclusive Nature of Duties. (a) AFD NLD shall be the exclusive representative of the Funds to act as distributor of the Funds except that the rights given under this Agreement to AFD NLD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class thereof; (ii) the Trust’s Corporation's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ ' shareholders of dividends or other distributions; or (iv) any other offering by the Funds of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD NLD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. The Funds Corporation further understand understands that existing and future investors in the Funds may invest in shares of such other investment companies. The Funds agree Corporation agrees that the services that AFD NLD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds under this Agreement.

Exclusive Nature of Duties. (a) AFD shall be the exclusive representative of the Funds Fund to act as distributor of the Funds Fund except that the rights given under this Agreement to AFD shall not apply to: (i) Shares issued in connection with the merger, consolidation or reorganization of any other investment company or series or class thereof with a Fund or class c lass thereof; (ii) the Trust’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or series or class thereof; (iii) the reinvestment in Shares by the Funds’ Fund shareholders of dividends or other distributions; or (iv) any other offering by the Funds Fund of securities to its shareholders (collectively "exempt transactions"). (b) Notwithstanding the foregoing, AFD is and may in the future distribute shares of other investment companies including investment companies having investment objectives similar to those of the Funds. Fund .. The Funds Fund further understand understands that existing and future investors in the Funds Fund may invest in shares of such other investment companies. The Funds agree Fund agrees that the services that AFD provides to such other investment companies shall not be deemed in conflict with its duties to the Funds Fund under this Agreement.