GENERAL DUTIES AS DISTRIBUTOR OF FUND SHARES. It is hereby agreed that you shall act as principal distributor for each Fund set forth on Schedule I and any other Fund as the parties may agree from time to time. Each Fund may be authorized to issue multiple classes of shares pursuant to Rule l8f-3 under the Investment Company Act of 1940, as amended (the "1940 Act"). As distributor, you shall have the exclusive right to distribute, as agent for each Fund, shares of each class authorized and issued by the Fund and shall use your best efforts to solicit or otherwise cause sales of such shares. You also agree, as agent for each Fund, to accept for redemption the shares of each class authorized and issued by the Fund. Whenever the officers of the Trust deem it advisable for the protection of shareholders, they may suspend or cancel such authority with respect to one or more of the Funds. In the performance of these duties, you shall be guided by the requirements of this Agreement and the Trust's Agreement and Declaration of Trust and By-laws, all as amended from time to time, and each Fund's prospectus and statement of additional information, which are from time to time in effect under the Trust's Registration Statement filed with the U.S. Securities and Exchange Commission (the "Commission") under the Securities Act of 1933, as amended (the "1933 Act"), and the 0000 Xxx. You shall also comply with all applicable federal and state laws, rules and regulations, all as amended from time to time, including, without limitation, all rules and regulations of the Commission and the National Association of Securities Dealers, Inc.
Appears in 3 contracts
Samples: Distribution Agreement (Hambrecht & Quist Fund Trust), Distribution Agreement (Hambrecht & Quist Fund Trust), Distribution Agreement (Hambrecht & Quist Fund Trust)
GENERAL DUTIES AS DISTRIBUTOR OF FUND SHARES. It is hereby agreed that you shall act as principal distributor for each Fund series of the Trust set forth on Schedule I and any other Fund series of the Trust as the parties may agree from time to time. Each Fund may be authorized to issue multiple classes of shares pursuant to Rule l8f-3 18f-3 under the Investment Company Act of 1940, as amended (the "1940 Act"). As distributorDistributor, you shall will have the exclusive right to distributepurchase, as agent for principal, from each Fund, shares of each class authorized and issued by the Fund and shall it is further agreed that during the term of this Agreement, you will use your best efforts to solicit or otherwise cause sales of such sharesthe shares of each Fund and any authorized class of the Funds' shares which are registered or qualified for sale. You also agree, as agent for each Fund, to repurchase, and accept for redemption redemption, the shares of each class authorized and issued by the Fund. Whenever ; whenever the officers of the Trust deem it advisable for the protection of shareholders, they may suspend or cancel such authority with respect to one or more of the Funds. In the performance of these duties, duties you shall be guided by the requirements of this Agreement and Agreement, the Trust's Agreement and Declaration applicable provisions of the Trust and Instrument, By-laws, and applicable federal and state law, all as amended and/or supplemented from time to time, and each Fund's prospectus Prospectus and statement Statement of additional informationAdditional Information, which are is from time to time in effect under the Trust's Registration Statement filed with the U.S. Securities and Exchange Commission (the "Commission") under the Securities Act of 1933, as amended (the "1933 Act"), and the 0000 Xxx. You shall also comply with all applicable federal and state laws, rules and regulations, all as amended from time to time, including, without limitation, all rules and regulations of the Commission and the National Association of Securities Dealers, Inc.1940 Act.
Appears in 2 contracts
Samples: Distribution Agreement (Kelmoore Strategy Variable Trust), Distribution Agreement (Kelmoore Strategy Variable Trust)
GENERAL DUTIES AS DISTRIBUTOR OF FUND SHARES. It is hereby agreed that you shall act as principal distributor for each Fund series of the Trust set forth on Schedule I and any other Fund series of the Trust as the parties may agree from time to time. Each Fund may be authorized to issue multiple classes of shares pursuant to Rule l8f-3 18f-3 under the Investment Company Act of 1940, as amended (the "1940 Act"). As distributorDistributor, you shall will have the exclusive right to distributepurchase, as agent for principal, from each Fund, shares of each class authorized and issued by the Fund and shall it is further agreed that during the term of this Agreement, you will use your best efforts to solicit or otherwise cause sales of such sharesthe shares of each Fund and any authorized class of the Funds' shares which are registered or qualified for sale. You also agree, as agent for each Fund, to repurchase, and accept for redemption redemption, the shares of each class authorized and issued by the Fund. Whenever ; whenever the officers of the Trust deem it advisable for the protection of shareholders, they may suspend or cancel such authority with respect to one or more of the Funds. In the performance of these duties, duties you shall be guided by the requirements of this Agreement and Agreement, the applicable provisions of the Trust's Agreement and Declaration of Trust and Trust, By-laws, and applicable federal and state law, all as amended and/or supplemented from time to time, and each Fund's prospectus Prospectus and statement Statement of additional informationAdditional Information, which are is from time to time in effect under the Trust's Registration Statement filed with the U.S. Securities and Exchange Commission (the "Commission") under the Securities Act of 1933, as amended (the "1933 Act"), and the 0000 Xxx. You shall also comply with all applicable federal and state laws, rules and regulations, all as amended from time to time, including, without limitation, all rules and regulations of the Commission and the National Association of Securities Dealers, Inc.1940 Act.
Appears in 2 contracts
Samples: Distribution Agreement (Kelmoore Strategic Trust), Distribution Agreement (Kelmoore Strategic Trust)
GENERAL DUTIES AS DISTRIBUTOR OF FUND SHARES. It is hereby agreed that you shall act as principal distributor for each Fund series of the Trust set forth on Schedule I A and any other Fund series of the Trust as the parties may agree from time to time. Each Fund may be authorized to issue multiple classes of shares pursuant to Rule l8f-3 18f-3 under the Investment Company Act of 1940, as amended (the "1940 Act"). As distributorDistributor, you shall will have the exclusive right to distributepurchase, as agent for principal, from each Fund, shares of each class authorized and issued by the Fund and shall it is further agreed that during the term of this Agreement, you will use your best efforts to solicit or otherwise cause sales of such sharesthe shares of each Fund and any authorized class of the Funds' shares which are registered or qualified for sale. You also agree, as agent for each Fund, to repurchase, and accept for redemption redemption, the shares of each class authorized and issued by the Fund. Whenever ; whenever the officers of the Trust deem it advisable for the protection of shareholders, they may suspend or cancel such authority with respect to one or more of the Funds. In the performance of these duties, duties you shall be guided by the requirements of this Agreement and Agreement, the applicable provisions of the Trust's Agreement and Declaration of Trust and Trust, By-laws, and applicable federal and state law, all as amended and/or supplemented from time to time, and each Fund's prospectus Prospectus and statement Statement of additional informationAdditional Information, which are is from time to time in effect under the Trust's Registration Statement filed with the U.S. Securities and Exchange Commission (the "Commission") under the Securities Act of 1933, as amended (the "1933 Act"), and the 0000 Xxx. You shall also comply with all applicable federal and state laws, rules and regulations, all as amended from time to time, including, without limitation, all rules and regulations of the Commission and the National Association of Securities Dealers, Inc.1940 Act.
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