Common use of OFFERING OF SHARES Clause in Contracts

OFFERING OF SHARES. 5.1. None of the Shares shall be offered by either the Distributor or the Trust under any of the provisions of this Agreement, and no orders for the purchase or sale of Shares hereunder shall be accepted by the Trust, if and so long as the effectiveness of the registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the Securities Act or if and so long as a current prospectus and statement of additional information as required by Section 10(b)(2) of the Securities Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 5.1 shall in any way restrict or have any application to or bearing upon the Trust's obligation to repurchase Shares from any shareholder in accordance with the provisions of the prospectus of each Fund or the Trust's prospectus or Declaration of Trust.

Appears in 13 contracts

Samples: Institutional Service Shares Agreement (Evergreen Select Money Market Trust), Institutional Shares Agreement (Evergreen Select Fixed Income Trust), Principal Underwriting Agreement (Evergreen Money Market Trust)

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OFFERING OF SHARES. 5.1. None of the Shares shall be offered by either the Distributor or the Trust under any of the provisions of this Agreement, and no orders for the purchase or sale of Shares hereunder shall be accepted by the Trust, if and so long as the effectiveness of the registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the Securities Act or if and so long as a current prospectus and statement of additional information as required by Section 10(b)(210(b) (2) of the Securities Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 5.1 shall in any way restrict or have any application to or bearing upon the Trust's obligation to repurchase Shares from any shareholder in accordance with the provisions of the prospectus of each Fund or the Trust's prospectus or Declaration of Trust.

Appears in 11 contracts

Samples: Distribution Agreement (Evergreen Fund), Distribution Agreement (Evergreen Foundation Trust), Amended Distribution Agreement (Evergreen Global Real Estate Equity Trust)

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OFFERING OF SHARES. 5.1. 5.1 None of the Shares shall be offered by either the Distributor or the Trust under any of the provisions of this Agreement, and no orders for the purchase or sale of Shares hereunder shall be accepted by the Trust, if and so long as the effectiveness of the registration statement Registration Statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the Securities Act or if and so long as a current prospectus and statement of additional information as required by Section 10(b)(210(b) (2) of the Securities Act, as amended, is are not on file with the Commission; provided, however, that nothing contained in this paragraph 5.1 shall in any way restrict or have any application to or bearing upon the Trust's obligation to repurchase Shares from any shareholder in accordance with the provisions of the prospectus of each Fund or the Trust's prospectus or Declaration of Trust.

Appears in 10 contracts

Samples: Distribution Agreement (Evergreen Select Fixed Income Trust), Distribution Agreement (Evergreen Select Equity Trust), Class B Distribution Agreement (Evergreen Equity Trust /De/)

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