Common use of Exclusive Nature of Duties Clause in Contracts

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund to act as its principal underwriter and distributor except that the rights given under this Agreement to the Distributor shall not apply to Shares issued in connection with the merger, consolidation or reorganization of any other investment company with the Fund; the Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company; or the reinvestment in Shares by the Fund's shareholders of dividends or other distributions or any other offering by the Fund of securities to its shareholders.

Appears in 18 contracts

Samples: Distribution Agreement (Flag Investors Telephone Income Fund Inc), Distribution Agreement (Flag Investors International Fund Inc), Distribution Agreement (Flag Investors Emerging Growth Fund Inc)

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Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the each Fund to act as its principal underwriter and distributor except that the rights given under this Agreement to the Distributor shall not apply to Shares issued in connection with the merger, consolidation or reorganization of any other investment company with the a Fund; the a Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company; or the reinvestment in Shares by the a Fund's shareholders of dividends or other distributions or any other offering by the a Fund of securities to its shareholders.

Appears in 9 contracts

Samples: Distribution Agreement (Bt Institutional Funds), Distribution Agreement (Bt Investment Funds), Distribution Agreement (Bt Pyramid Mutual Funds)

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund Trust to act as its principal underwriter and distributor except that the rights given under this Agreement to the Distributor shall not apply to Shares issued in connection with the merger, consolidation or reorganization of any other investment company with the FundTrust; the FundTrust's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company; or the reinvestment in Shares by the FundTrust's shareholders of dividends or other distributions or any other offering by the Fund Trust of securities to its shareholders.

Appears in 4 contracts

Samples: Distribution Agreement (Bt Pyramid Mutual Funds), Funds Distribution Agreement (Bt Institutional Funds), Investment Funds Distribution Agreement (Bt Investment Funds)

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund to act as its principal underwriter and distributor of the Fund, except that the exclusive rights given under this Agreement granted to the Distributor to sell the Shares shall not apply to Shares issued by the Fund: (i) in connection with the merger, merger or consolidation or reorganization of any other investment company or personal holding company with the Fund; Fund or the Fund's acquisition by purchase or otherwise of all (or substantially all of all) the assets or stock the outstanding shares of any other investment company; or the reinvestment in Shares such company by the Fund's shareholders ; or (ii) pursuant to reinvestment of dividends or other distributions or any other offering by the Fund of securities to its shareholderscapital gains distributions.

Appears in 2 contracts

Samples: Prime Income Trust (Prime Income Trust), Distribution Agreement (Morgan Stanley Dean Witter Prime Income Trust)

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund Company to act as its principal underwriter and distributor of the Company's Funds except that the rights given under this Agreement to the Distributor shall not apply to Shares issued in connection with the merger, consolidation or reorganization of any other investment company with the a Fund; the a Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company; or the reinvestment in Shares by the a Fund's shareholders of dividends or other distributions or any other offering by the Fund Company of securities to its shareholders.

Appears in 2 contracts

Samples: Distribution Agreement (Glenmede Portfolios), Distribution Agreement (Glenmede Fund Inc)

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Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund to act as its principal underwriter and distributor of the fund, except that the exclusive rights given under this Agreement granted to the Distributor to sell the Shares shall not apply to Shares issued by the Fund: (i) in connection with the merger, merger or consolidation or reorganization of any other investment company or personal holding company with the Fund; Fund or the Fund's acquisition by purchase or otherwise of all (or substantially all of all) the assets or stock the outstanding shares of any other investment company; or the reinvestment in Shares such company by the Fund's shareholders ; or (ii) pursuant to reinvestment of dividends or other distributions or any other offering by the Fund of securities to its shareholderscapital gains distributions.

Appears in 1 contract

Samples: Distribution Agreement (Invesco Prime Income Trust)

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the each Fund to act as its principal underwriter and distributor except that the rights given under this Agreement to the Distributor shall not apply to Shares issued in connection with the merger, consolidation or reorganization of any other investment company with the a Fund; the a Fund's ’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company; or the reinvestment in Shares by the a Fund's ’s shareholders of dividends or other distributions or any other offering by the a Fund of securities to its shareholders.

Appears in 1 contract

Samples: Distribution Agreement (Scudder Advisor Funds Ii)

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund each Company to act as its principal underwriter and distributor of the Company's Funds except that the rights given under this Agreement to the Distributor shall not apply to Shares issued in connection with the merger, consolidation or reorganization of any other investment company with the a Fund; the a Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company; or the reinvestment in Shares by the a Fund's shareholders of dividends or other distributions or any other offering by the Fund a Company of securities to its shareholders.

Appears in 1 contract

Samples: Funds Distribution Agreement (Flag Investors Equity Partners Fund Inc)

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