Common use of Exclusive Nature of Duties Clause in Contracts

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Trust to act distributor of the Funds except that the rights given under this Agreement to the 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) 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 a Fund's shareholders of dividends or other distributions; or (iv) any other offering by the Trust of securities to its shareholders (collectively "exempt transactions").

Appears in 15 contracts

Samples: Distribution Agreement (Forum Funds), Distribution Agreement (Forum Funds), Distribution Agreement (Forum Funds Inc)

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Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Trust to act as distributor of the Funds except that the rights given under this Agreement to the 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) 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 a Fund's shareholders of dividends or other distributions; or (iv) any other offering by the Trust of securities to its shareholders (collectively "exempt transactions").

Appears in 6 contracts

Samples: Distribution Agreement (Ark Funds/Ma), Distribution Agreement (Memorial Funds), Distribution Agreement (Monarch Funds)

Exclusive Nature of Duties. The Distributor Foreside shall be the exclusive representative of the Trust to act as distributor of the Funds except that the rights given under this Agreement to the Distributor Foreside 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) 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 a Fund's shareholders of dividends or other distributions; or (iv) any other offering by the Trust of securities to its shareholders (collectively "exempt transactions").

Appears in 1 contract

Samples: Distribution Agreement (Ironwood Series Trust)

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Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Trust to act distributor of the Funds except that the rights given under this Agreement to the 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) 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 a Fund's shareholders of dividends or other distributions; or (iv) any other offering by the Trust of securities to its shareholders (collectively "β€œexempt transactions"”).

Appears in 1 contract

Samples: Distribution Agreement (Forum Funds)

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