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").

Appears in 19 contracts

Samples: Underwriting Agreement (Northern Lights Fund Trust), Underwriting Agreement (Northern Lights Variable Trust), Underwriting Agreement (Northern Lights Fund Trust)

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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").

Appears in 4 contracts

Samples: Distribution Agreement Alpha Analytics Investment Trust (Alpha Analytics Investment Trust), E Distribution Agreement (Alpha Analytics Investment Trust), Distribution Agreement (North Country Funds)

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").

Appears in 1 contract

Samples: Underwriting Agreement (Z Seven Fund Inc)

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").

Appears in 1 contract

Samples: Distribution Agreement (Mp63 Fund Inc)

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").

Appears in 1 contract

Samples: Underwriting Agreement (DCM Series Trust)

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").

Appears in 1 contract

Samples: Underwriting Agreement (New River Funds)

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").

Appears in 1 contract

Samples: Underwriting Agreement (First Focus Funds Inc)

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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").

Appears in 1 contract

Samples: Distribution Agreement (North Country Funds)

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").

Appears in 1 contract

Samples: Distribution Agreement (DCM Series Trust)

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").

Appears in 1 contract

Samples: Underwriting Agreement (Advisorone Funds)

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").

Appears in 1 contract

Samples: Underwriting Agreement (New River Funds)

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