Offering and Sale of Units. (a) The Selling Agent is hereby granted the exclusive right to distribute Units. Subject to the performance by the Manager of all its obligations to be performed hereunder, and to the completeness and accuracy in all material respects of all the representations and warranties of the Manager contained herein, the Selling Agent hereby accepts such agency and agrees on the terms and conditions herein set forth to use its best efforts to find acceptable subscribers for the Units as of the beginning of each calendar month. It is understood that the Selling Agent's agreement to use its best efforts to find acceptable subscribers for the Units shall not prevent it from acting as a selling agent or underwriter for the securities of other issuers which may be offered or sold during the term of this Agreement. The agency of the Selling Agent hereunder shall continue until this Agreement is terminated in accordance with the provisions of this Section or Section 9.
Appears in 8 contracts
Samples: Selling Agreement (ML Appleton FuturesAccess LLC), Selling Agreement (ML Transtrend DTP Enhanced FuturesAccess LLC), Selling Agreement (ML Aspect FuturesAccess LLC)
Offering and Sale of Units. (a) The Selling Agent is hereby granted the exclusive right to distribute Units. Subject to the performance by the Manager of all its obligations to be performed hereunder, and to the completeness and accuracy in all material respects of all the representations and warranties of the Manager contained herein, the Selling Agent hereby accepts such agency and agrees on the terms and conditions herein set forth to use its best efforts to find acceptable subscribers for the Units as of the beginning of each calendar month. It is understood that the Selling Agent's ’s agreement to use its best efforts to find acceptable subscribers for the Units shall not prevent it from acting as a selling agent or underwriter for the securities of other issuers which may be offered or sold during the term of this Agreement. The agency of the Selling Agent hereunder shall continue until this Agreement is terminated in accordance with the provisions of this Section or Section 9.
Appears in 6 contracts
Samples: Selling Agreement (Man AHL FuturesAccess LLC), Selling Agreement (ML Chesapeake FuturesAccess LLC), Selling Agreement (ML BlueTrend FuturesAccess LLC)
Offering and Sale of Units. (a) The Selling Agent is and its affiliates are hereby granted the exclusive right to distribute Units. Subject to the performance by the Manager Sponsor of all its obligations to be performed hereunder, and to the completeness and accuracy in all material respects of all the representations and warranties of the Manager Sponsor contained herein, the Selling Agent hereby accepts such agency and agrees on the terms and conditions herein set forth to use its best efforts to find acceptable subscribers for the Units as of the beginning of each calendar month. It is understood that the Selling Agent's ’s agreement to use its best efforts to find acceptable subscribers for the Units shall not prevent it from acting as a selling agent or underwriter for the securities of other issuers which may be offered or sold during the term of this Agreement. The agency of the Selling Agent hereunder shall continue until this Agreement is terminated in accordance with the provisions of this Section or Section 9.
Appears in 3 contracts
Samples: Selling Agreement (Highbridge Commodities FuturesAccess LLC), Selling Agreement (ML BlueTrend FuturesAccess LLC), Selling Agreement (ML Winton FuturesAccess LLC)