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 principal underwriter and distributor of the Class C shares, except that: (a) The Fund may, upon written notice to the Distributor, from time to time designate other principal underwriters and distributors of Class C shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Class C shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) The exclusive right granted to the Distributor to purchase Class C shares from the Fund shall not apply to Class C shares of the Fund issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C shares of any such company by the Fund.

Appears in 3 contracts

Samples: Distribution Agreement (Merrill Lynch Strategic Dividend Fund), Distribution Agreement (Merrill Lynch Utility Income Fund Inc), Distribution Agreement (Merrill Lynch Real Estate Fund Inc)

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Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the Class C B shares, except that: (a) The Fund may, upon written notice to the Distributor, from time to time designate other principal underwriters and distributors of Class C shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Class C shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) . The exclusive right granted to the Distributor to purchase Class C shares from the Fund shall not apply to Class C shares of the Fund issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C shares of any such company by the Fund. Such exclusive right also shall not apply to Class C shares issued by the Fund pursuant to reinvestment of dividends or capital gains distributions.

Appears in 2 contracts

Samples: Distribution Agreement (Mercury Focus Twenty Fund Inc), Distribution Agreement (Mercury Premier Growth Fund Inc)

Exclusive Nature of Duties. The Distributor shall be the Fund's exclusive representative of the Fund to act as principal underwriter and distributor of the Class C sharesI Shares, except that: (a) a. The Fund Corporation may, upon written notice to the Distributor, from time to time designate other principal underwriters and distributors of the Class C shares I Shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell the Class C shares I Shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) b. The exclusive right rights granted to the Distributor to purchase Class C shares I Shares from the Fund shall not apply to Class C shares of the Fund I Shares issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the Fund's acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C I shares of any such company company. c. Such exclusive rights also shall not apply to Class I Shares issued by the FundFund pursuant to reinvestment of dividends or capital gains distributions.

Appears in 2 contracts

Samples: Distribution Agreement (Mercury Asset Management Funds Inc), Distribution Agreement (Mercury Asset Management Funds Inc)

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the Class C shares, except that: (a) The Fund may, upon on written notice to the Distributor, from time to time designate other principal underwriters and distributors of Class C its shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Class C shares in the areas so designated shall terminatetermi- nate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) The exclusive right rights granted to the Distributor to purchase Class C shares from the Fund shall not apply to Class C shares of the Fund issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C shares of any such company by the Fund.

Appears in 2 contracts

Samples: Distribution Agreement (Merrill Lynch High Income Municipal Bond Fund Inc), Distribution Agreement (Merrill Lynch Sr Float Rate Fd)

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the Class C shares, except that: (a) The Fund may, upon on written notice to the Distributor, from time to time designate other principal underwriters and distributors of Class C its shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Class C shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) The exclusive right rights granted to the Distributor to purchase Class C shares from the Fund shall not apply to Class C shares of the Fund issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C shares of any such company by the Fund. (c) Such exclusive rights also shall not apply to shares issued by the Fund pursuant to reinvestment of dividends or capital gains distributions.

Appears in 2 contracts

Samples: Distribution Agreement (Merrill Lynch Senior Floating Rate Fund Ii Inc), Distribution Agreement (Mercury Senior Floating Rate Fund Inc)

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the Class C B shares, except that: (a) The Fund may, upon written notice to the Distributor, from time to time designate other principal underwriters and distributors of Class C B shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Class C B shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) The exclusive right rights granted to the Distributor to purchase Class C B shares from the Fund shall not apply to Class C B shares of the Fund issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C shares of any such company by the Fund.holding

Appears in 1 contract

Samples: Distribution Agreement (Merrill Lynch Real Estate Fund Inc)

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the Class C sharesdistributor, except that: (a) The Fund may, upon written notice to the Distributor, from time to time designate other principal underwriters and distributors of Class C A shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Class C A shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) The exclusive right granted to the Distributor to purchase Class C A shares from the Fund shall not apply to Class C A shares of the Fund issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C A shares of any such company by the Fund.

Appears in 1 contract

Samples: Distribution Agreement (Merrill Lynch Real Estate Fund Inc)

Exclusive Nature of Duties. The Distributor shall be the Fund's exclusive representative of the Fund to act as principal underwriter and distributor of the Class C sharesA Shares, except that: (a) a. The Fund Corporation may, upon written notice to the Distributor, from time to time designate other principal underwriters and distributors of the Class C shares A Shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell the Class C shares A Shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) b. The exclusive right rights granted to the Distributor to purchase Class C shares A Shares from the Fund shall not apply to Class C shares of the Fund A Shares issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C shares of any such company by the Fund.'s

Appears in 1 contract

Samples: Distribution Agreement (Mercury Asset Management v I Funds Inc)

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the Class C sharesdistributor, except that: (a) The Fund may, upon written notice to the Distributor, from time to time designate other principal underwriters and distributors of Class C D shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Class C D shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) The exclusive right granted to the Distributor to purchase Class C D shares from the Fund shall not apply to Class C D shares of the Fund issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C D shares of any such company by the Fund.

Appears in 1 contract

Samples: Distribution Agreement (Merrill Lynch Real Estate Fund Inc)

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the Class C sharesdistributor, except that: (a) The Fund may, upon written notice to the Distributor, from time to time designate other principal underwriters and distributors of Class C A shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Class C A shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) The exclusive right granted to the Distributor to purchase Class C A shares from the Fund shall not apply to Class C A shares of the Fund issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C A shares of any such company by the Fund. (c) Such exclusive right also shall not apply to Class A shares issued by the Fund pursuant to reinvestment of dividends or capital gains distributions.

Appears in 1 contract

Samples: Distribution Agreement (Merrill Lynch Strategic Dividend Fund)

Exclusive Nature of Duties. The Distributor shall be the -------------------------- exclusive representative of the Fund to act as principal underwriter and distributor of the Class C sharesdistributor, except that: (a) The Fund may, upon written notice to the Distributor, .. from time to time designate other principal underwriters and distributors of its Class C B shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Class C B shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) The exclusive right rights granted to the Distributor to purchase Class C B shares from the Fund shall not apply to Class C shares of the Fund issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C shares of any such company by the Fund.with

Appears in 1 contract

Samples: Distribution Agreement (Merrill Lynch Phoenix Fund Inc)

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Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the Class C sharesdistributor, except that: (a) A. The Fund may, upon written notice to the Distributor, from time to time designate other principal underwriters and distributors of Class C D shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Class C D shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) B. The exclusive right granted to the Distributor to purchase Class C D shares from the Fund shall not apply to Class C D shares of the Fund issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C D shares of any such company by the Fund. C. Such exclusive right also shall not apply to Class D shares issued by the Fund pursuant to reinvestment of dividends or capital gains distributions.

Appears in 1 contract

Samples: Distribution Agreement (Merrill Lynch Utility Income Fund Inc)

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the Class C sharesdistributor, except that: (a) The Fund may, upon written notice to the Distributor, from time to time designate other principal underwriters and distributors of Class C its shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Class C shares in the areas so designated shall terminatetermi- nate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) The exclusive right rights granted to the Distributor to purchase Class C shares from the Fund shall not apply to Class C shares of the Fund issued in connection with the merger or consolidation of any any. other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C shares of any such company by the Fund.

Appears in 1 contract

Samples: Distribution Agreement (Merrill Lynch Global Convertible Securities Fund Inc)

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the its Class C B shares, except that: (a) The Fund may, upon written notice to the Distributor, from time to time designate other principal underwriters and distributors of its Class C B shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Class C B shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) The exclusive right rights granted to the Distributor to purchase Class C B shares from the Fund shall not (c) Such exclusive rights also shall not apply to Class C B shares of issued by the Fund pursuant to reinvestment of dividends or capital gains distributions. (d) Such exclusive rights also shall not apply to Class B shares issued in connection with the merger or consolidation of any other investment company or personal holding company with by the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C shares of pursuant to any such company by the Fundreinstatement privilege afforded redeeming shareholders.

Appears in 1 contract

Samples: Distribution Agreement (Merrill Lynch Municipal Bond Fund Inc)

Exclusive Nature of Duties. The Distributor -------------------------- shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the Class C sharesdistributor, except that: (a) The Fund may, upon written notice to the Distributor, from time to time designate other principal underwriters and distributors of its Class C B shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Class C B shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) The exclusive right rights granted to the Distributor to purchase Class C B shares from the Fund shall not apply to Class C shares of the Fund issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C shares of any such company by the Fund.with

Appears in 1 contract

Samples: Distribution Agreement (Merrill Lynch Basic Value Fund Inc)

Exclusive Nature of Duties. The Distributor shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the Class C sharesdistributor, except that: (a) The Fund may, upon written notice to the Distributor, from time to time designate other principal underwriters and distributors of Class C D shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Class C D shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) The exclusive right granted to the Distributor to purchase Class C D shares from the Fund shall not apply to Class C D shares of the Fund issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C D shares of any such company by the Fund. (c) Such exclusive right also shall not apply to Class D shares issued by the Fund pursuant to reinvestment of dividends or capital gains distributions.

Appears in 1 contract

Samples: Distribution Agreement (Merrill Lynch Strategic Dividend Fund)

Exclusive Nature of Duties. The Distributor shall be the -------------------------- exclusive representative of the Fund to act as principal underwriter and distributor of the Class C B shares, except that: (a) The Fund may, upon written notice to the Distributor, from time tire to time designate other principal underwriters and distributors of its Class C B shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell Class C B shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) The exclusive right rights granted to the Distributor to purchase Class C B shares from the Fund shall not apply to Class C B shares of the Fund issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C shares of any such company by the Fund.otherwise

Appears in 1 contract

Samples: Distribution Agreement (Merrill Lynch Global Allocation Fund Inc)

Exclusive Nature of Duties. The Distributor shall be the Fund's exclusive representative of the Fund to act as principal underwriter and distributor of the Class C sharesB Shares, except that: (a) a. The Fund Corporation may, upon written notice to the Distributor, from time to time designate other principal underwriters and distributors of the Class C shares B Shares with respect to areas other than the United States as to which the Distributor may have expressly waived in writing its right to act as such. If such designation is deemed exclusive, the right of the Distributor under this Agreement to sell the Class C shares B Shares in the areas so designated shall terminate, but this Agreement shall remain otherwise in full effect until terminated in accordance with the other provisions hereof. (b) b. The exclusive right rights granted to the Distributor to purchase Class C shares B Shares from the Fund shall not apply to Class C shares of the Fund B Shares issued in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding Class C shares of any such company by the Fund.'s

Appears in 1 contract

Samples: Distribution Agreement (Mercury Asset Management v I Funds Inc)

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