Method of Offering. Participation Agreements and Investment Fund interests may be offered by FAME and the Program Distributor’s registered sales agents. Certain officers and employees of FAME may, in the course of their official duties and without compensation, offer and sell Participation Agreements and Investment Fund interests without registering with the SEC as a broker-dealer. A Participant whose Accounts are established as a result of an offer by FAME will be considered a broker-dealer customer of the Program Distributor to the extent required by law. To comply with Rule 15c2-12(b)(5) of the SEC promulgated under the Securities Exchange Act of 1934, as amended (“Rule 15c2-12”), FAME has executed a Continuing Disclosure Certificate (the “Continuing Disclosure Certificate”) for the benefit of Participants. Under the Continuing Disclosure Certificate, FAME will provide certain financial information and operating data (the “Annual Information”) relating to the Program, and FAME will provide notices of the occurrence of certain enumerated events set forth in the Continuing Disclosure Certificate, if material. The Annual Information will be filed by or on behalf of the Program with the Electronic Municipal Market Access system (the “EMMA System”) maintained by the Municipal Securities Rulemaking Board (the “MSRB”) and with any Maine information depository. Notices of certain enumerated events will be filed by or on behalf of the Program with the MSRB and with any Maine information depository. The respective directors, officers, members and employees of FAME shall have no liability for any act or failure to act under the Continuing Disclosure Certificate. FAME reserves the right to modify its provisions for release of information pursuant to the Continuing Disclosure Certificate to the extent not inconsistent with the valid and effective provisions of Rule 15c2-12.
Appears in 3 contracts
Samples: Nextgen 529 Client Direct Series Program Description and Participation Agreement, Participation Agreement, Participation Agreement
Method of Offering. Participation Agreements and Investment Fund interests may be offered by FAME and the Program Distributor’s registered sales agentsFinancial Intermediaries. Certain officers and employees of FAME may, in the course of their official duties and without compensation, offer and sell Participation Agreements and Investment Fund interests without registering with the SEC as a broker-dealer. A Participant whose Accounts are established as a result of an offer by FAME or Financial Intermediaries will be considered a broker-dealer customer of the Program Select Series Distributor to the extent required by law. Participants with Accounts established through a Financial Intermediary that subsequently terminates its selling agreement with the Select Series Distributor, or with Accounts originally established through certain Maine distribution agents that have not entered into a selling agreement with the Select Series Distributor, will be considered broker-dealer customers of the Select Series Distributor. To comply with Rule 15c2-12(b)(5) of the SEC promulgated under the Securities Exchange Act of 1934, as amended (“Rule 15c2-12”), FAME has executed a Continuing Disclosure Certificate (the “Continuing Disclosure Certificate”) for the benefit of Participants. Under the Continuing Disclosure Certificate, FAME will provide certain financial information and operating data (the “Annual Information”) relating to the Program, and FAME will provide notices of the occurrence of certain enumerated events set forth in the Continuing Disclosure Certificate, if material. The Annual Information will be filed by or on behalf of the Program with the Electronic Municipal Market Access system (the “EMMA System”) maintained by the Municipal Securities Rulemaking Board (the “MSRB”) and with any Maine information depository. Notices of certain enumerated events will be filed by or on behalf of the Program with the MSRB and with any Maine information depository. The respective directors, officers, members and employees of FAME shall have no liability for any act or failure to act under the Continuing Disclosure Certificate. FAME reserves the right to modify its provisions for release of information pursuant to the Continuing Disclosure Certificate to the extent not inconsistent with the valid and effective provisions of Rule 15c2-12.
Appears in 1 contract
Samples: Participation Agreement
Method of Offering. Participation Agreements and Investment Fund interests may be offered by FAME and the Program Distributor’s registered sales agentsFinancial Intermediaries. Certain officers and employees of FAME may, in the course of their official duties and without compensation, offer and sell Participation Agreements and Investment Fund interests without registering with the SEC as a broker-dealer. A Participant whose Accounts are established as a result of an offer by FAME or Financial Intermediaries will be considered a broker-dealer customer of the Program Distributor to the extent required by law. Participants with Accounts established through a Financial Intermediary that subsequently terminates its selling agreement with the Program Distributor, or with Accounts originally established through certain Maine distribution agents that have not entered into a selling agreement with the Program Distributor, will be considered broker-dealer customers of the Program Distributor. To comply with Rule 15c2-12(b)(5) of the SEC promulgated under the Securities Exchange Act of 1934, as amended (“Rule 15c2-12”), FAME has executed a Continuing Disclosure Certificate (the “Continuing Disclosure Certificate”) for the benefit of Participants. Under the Continuing Disclosure Certificate, FAME will provide certain financial information and operating data (the “Annual Information”) relating to the Program, and FAME will provide notices of the occurrence of certain enumerated events set forth in the Continuing Disclosure Certificate, if material. The Annual Information will be filed by or on behalf of the Program with the Electronic Municipal Market Access system (the “EMMA System”) maintained by the Municipal Securities Rulemaking Board (the “MSRB”) and with any Maine information depository. Notices of certain enumerated events will be filed by or on behalf of the Program with the MSRB and with any Maine information depository. The respective directors, officers, members and employees of FAME shall have no liability for any act or failure to act under the Continuing Disclosure Certificate. FAME reserves the right to modify its provisions for release of information pursuant to the Continuing Disclosure Certificate to the extent not inconsistent with the valid and effective provisions of Rule 15c2-12.
Appears in 1 contract
Samples: Participation Agreement