OFFERING OF SHARES. (a) Forum shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum may act as the Trust's agent, to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum will promptly forward all orders and subscriptions to the Trust. The price that Forum shall pay for Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum are to be resold by Forum to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum pursuant to Section 11 hereof or acting on their own behalf. The Trust reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum hereunder. (b) The public offering price of the Shares of a Fund, i.e., the price per Share at which Forum or selected dealers or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, shall be the public offering price determined in accordance with the then currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust will advise Forum of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust and at such other times as Forum may reasonably request. (c) The net asset value per Share of each Fund or Class thereof shall be determined by the Trust, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's Board. (d) The Trust reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Board, and upon notice of such suspension Forum shall cease to offer Shares of the Funds or Classes thereof specified in the notice. (e) The Trust, or any agent of the Trust designated in writing to Forum by the Trust, shall be promptly advised by Forum of all purchase orders for Shares received by Forum and all subscriptions for Shares obtained by Forum as agent shall be directed to the Trust for acceptance and shall not be binding until accepted by the Trust. Any order or subscription may be rejected by the Trust; provided, however, that the Trust will not arbitrarily or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Shares. The Trust or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust or its designated agent of payment thereof, will issue such Shares. Forum agrees to cause such payment and such instructions to be delivered promptly to the Trust or its designated agent.
Appears in 3 contracts
Samples: Distribution Agreement (Henderson Global Funds), Distribution Agreement (Henderson Global Funds), Distribution Agreement (Henderson Global Funds)
OFFERING OF SHARES. (a) Forum The Distributor shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum the Distributor by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum the Distributor may act as the Trust's agent, to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum The Distributor will promptly forward all orders and subscriptions to the Trust. The price that Forum the Distributor shall pay for Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum the Distributor are to be resold by Forum the Distributor to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum the Distributor pursuant to Section 11 hereof or acting on their own behalf. The Trust reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum the Distributor hereunder.
(b) The public offering price of the Shares of a Fund, i.e.I.E., the price per Share at which Forum the Distributor or selected dealers or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, shall be the public offering price determined in accordance with the then currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forumthe Distributor, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust will advise Forum the Distributor of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust and at such other times as Forum the Distributor may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the Trust, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's Board of Trustees (the "Board").
(d) The Trust reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Board, and upon notice of such suspension Forum the Distributor shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The Trust, or any agent of the Trust designated in writing to Forum the Distributor by the Trust, shall be promptly advised by Forum the Distributor of all purchase orders for Shares received by Forum the Distributor and all subscriptions for Shares obtained by Forum the Distributor as agent shall be directed to the Trust for acceptance and shall not be binding until accepted by the Trust. Any order or subscription may be rejected by the Trust; provided, however, that the Trust will not arbitrarily or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Shares. The Trust or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust or its designated agent of payment thereof, will issue such SharesShares in certificated or uncertificated form pursuant to the instructions of the Distributor. Forum The Distributor agrees to cause such payment and such instructions to be delivered promptly to the Trust or its designated agent.
Appears in 2 contracts
Samples: Distribution Agreement (Monarch Funds), Distribution Agreement (Monarch Funds)
OFFERING OF SHARES. (a) Forum Resolute shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum may act as the Trust's agent, Client’s agent to offer, and to solicit and accept offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum Resolute will promptly forward all orders and subscriptions to the TrustClient, or its designated agent. The price that Forum at which Resolute shall pay for offer the Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c2.1(b) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum are to be resold by Forum to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum pursuant to Section 11 hereof or acting on their own behalf. The Trust Client reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum hereunderClient.
(b) The public offering price of the Shares of a Fund, Fund (i.e., the price per Share at which Forum Resolute or selected dealers Servicing Agents may offer or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, ) shall be the public offering price determined in accordance with the then then-currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust Client will advise Forum Resolute of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust Client and at such other times as Forum Resolute may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the TrustClient, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the TrustClient's BoardGoverning Body.
(d) The Trust Client reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Boardtheir Governing Body, and upon notice of such suspension Forum Resolute shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The TrustClient, or any agent of the Trust Client designated in writing to Forum Resolute by the TrustClient, shall be promptly advised by Forum Resolute or Servicing Agents of all purchase orders for Shares received by Forum Resolute or such Servicing Agents, and all such subscriptions for Shares obtained by Forum Resolute as agent shall be directed to the Trust Client or its agent for acceptance and shall not be binding until accepted by the TrustClient. Any The Client, in its discretion, may refuse to accept any order for the purchase of shares that Resolute or subscription Servicing Agents may be rejected by the Trust; provided, however, tender to it. Resolute acknowledges that the Trust will not arbitrarily Client seeks to avoid so called "market timers" and may reject or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Sharesfrom any persons who exhibit or who may exhibit market timing behavior. The Trust Client or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust Client or its designated agent of payment thereof, will issue such Shares. Forum agrees to cause such payment and such instructions to be delivered promptly Shares in uncertificated form pursuant to the Trust instructions of Resolute.
(f) None of Resolute, any Servicing Agent or any other person is authorized by the Client to give any information or to make any representations other than as is contained in a Fund's Prospectus or any advertising materials or sales literature specifically approved in writing by the Client or its designated agentagents.
Appears in 2 contracts
Samples: Distribution Agreement (American Beacon Select Funds), Distribution Agreement (American Beacon Funds)
OFFERING OF SHARES. (a) Forum shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum may act as the TrustClient's agent, agent to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum will promptly forward all orders and subscriptions to the TrustClient. The price that at which Forum shall pay for offer the Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c2.1(b) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum are to be resold by Forum to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum pursuant to Section 11 hereof or acting on their own behalf. The Trust Client reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum hereunderClient.
(b) The public offering price of the Shares of a Fund, Fund (i.e., the price per Share at which Forum or selected dealers Selected Dealers or selected agents Selected Agents may offer or sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, ) shall be the public offering price determined in accordance with the then then-currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust Client will advise Forum of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust Client and at such other times as Forum may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the TrustClient, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the TrustClient's BoardGoverning Body.
(d) The Trust Client reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Boardits Governing Body, and upon notice of such suspension Forum shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The TrustClient, or any agent of the Trust Client designated in writing to Forum by the TrustClient, shall be promptly advised by Forum or its Selected Dealers of all purchase orders for Shares received by Forum or such Selected Dealers, and all such subscriptions for Shares obtained by Forum as agent shall be directed to the Trust Client or its agent for acceptance and shall not be binding until accepted by the TrustClient. Any order or subscription may be rejected by the Trust; provided, however, Client. Forum acknowledges that the Trust will not arbitrarily Client seeks to avoid so called market timers and may reject or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Sharesfrom any persons who exhibit or who may exhibit market timing. The Trust Client or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust Client or its designated agent of payment thereof, will issue such SharesShares in uncertificated form pursuant to the instructions of Forum. Forum agrees to cause that its agreements with Selected Dealers shall require that such payment and such instructions to be delivered promptly to the Trust Client or its designated agent.
(f) None of Forum, any Selected Dealer, any Selected Agent or any other person is authorized by the Client to give any information or to make any representations other than as is contained in a Fund's Prospectus or any advertising materials or sales literature specifically approved in writing by the Client or its agents.
Appears in 2 contracts
Samples: Distribution Agreement (Bridgeway Fund Inc), Distribution Agreement (Bridgeway Fund Inc)
OFFERING OF SHARES. (a) Forum Resolute shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum may act as the Trust's agent, Client’s agent to offer, and to solicit and accept offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum Resolute will promptly forward all orders and subscriptions to the TrustClient, or its designated agent. The price that Forum at which Resolute shall pay for offer the Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c2.1(b) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum are to be resold by Forum to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum pursuant to Section 11 hereof or acting on their own behalf. The Trust Client reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum hereunderClient.
(b) The public offering price of the Shares of a Fund, Fund (i.e., the price per Share at which Forum Resolute or selected dealers Servicing Agents may offer or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, ) shall be the public offering price determined in accordance with the then then-currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust Client will advise Forum Resolute of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust Client and at such other times as Forum Resolute may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the TrustClient, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's BoardClient’s Governing Body.
(d) The Trust Client reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Boardtheir Governing Body, and upon notice of such suspension Forum Resolute shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The TrustClient, or any agent of the Trust Client designated in writing to Forum Resolute by the TrustClient, shall be promptly advised by Forum Resolute or Servicing Agents of all purchase orders for Shares received by Forum Resolute or such Servicing Agents, and all such subscriptions for Shares obtained by Forum Resolute as agent shall be directed to the Trust Client or its agent for acceptance and shall not be binding until accepted by the TrustClient. Any The Client, in its discretion, may refuse to accept any order for the purchase of shares that Resolute or subscription Servicing Agents may be rejected by the Trust; provided, however, tender to it. Resolute acknowledges that the Trust will not arbitrarily Client seeks to avoid so called “market timers” and may reject or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Sharesfrom any persons who exhibit or who may exhibit market timing behavior. The Trust Client or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust Client or its designated agent of payment thereof, will issue such Shares. Forum agrees to cause such payment and such instructions to be delivered promptly Shares in uncertificated form pursuant to the Trust instructions of Resolute.
(f) None of Resolute, any Servicing Agent or any other person is authorized by the Client to give any information or to make any representations other than as is contained in a Fund’s Prospectus or any advertising materials or sales literature specifically approved in writing by the Client or its designated agentagents.
Appears in 2 contracts
Samples: Distribution Agreement (American Beacon Funds), Distribution Agreement (American Beacon Select Funds)
OFFERING OF SHARES. (a) Forum shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum may act as the Trust's agent, to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum will promptly forward all orders and subscriptions to the Trust. The price that Forum shall pay for Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum are to be resold by Forum to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum pursuant to Section 11 hereof or acting on their own behalf. The Trust reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum hereunder.
(b) The public offering price of the Shares of a Fund, i.e., the price per Share at which Forum or selected dealers or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, shall be the public offering price determined in accordance with the then currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust will advise Forum of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust and at such other times as Forum may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the Trust, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's Board.
(d) The Trust reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Board, and upon notice of such suspension Forum shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The Trust, or any agent of the Trust designated in writing to Forum by the Trust, shall be promptly advised by Forum of all purchase orders for Shares received by Forum and all subscriptions for Shares obtained by Forum as agent shall be directed to the Trust for acceptance and shall not be binding until accepted by the Trust. Any order or subscription may be rejected by the Trust; provided, however, that the Trust will not arbitrarily or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Shares. The Trust or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust or its designated agent of payment thereof, will issue such SharesShares in certificated or uncertificated form pursuant to the instructions of Forum. Forum agrees to cause such payment and such instructions to be delivered promptly to the Trust or its designated agent.
Appears in 2 contracts
Samples: Distribution Agreement (Icm Series Trust), Distribution Agreement (Icm Series Trust)
OFFERING OF SHARES. (a) Forum Foreside shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum may act as the Trust's agent, Client’s agent to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum Foreside will promptly forward all orders and subscriptions to the TrustClient, or its designated agent. The price that Forum at which Foreside shall pay for offer the Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c2.1(b) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum are to be resold by Forum to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum pursuant to Section 11 hereof or acting on their own behalf. The Trust Client reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum hereunderClient.
(b) The public offering price of the Shares of a Fund, Fund (i.e., the price per Share at which Forum Foreside or selected dealers Servicing Agents may offer or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, ) shall be the public offering price determined in accordance with the then then-currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust Client will advise Forum Foreside of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust Client and at such other times as Forum Foreside may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the TrustClient, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's BoardClient’s Governing Body.
(d) The Trust Client reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Boardtheir Governing Body, and upon notice of such suspension Forum Foreside shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The TrustClient, or any agent of the Trust Client designated in writing to Forum Foreside by the TrustClient, shall be promptly advised by Forum Foreside or Servicing Agents of all purchase orders for Shares received by Forum Foreside or such Servicing Agents, and all such subscriptions for Shares obtained by Forum Foreside as agent shall be directed to the Trust Client or their agent for acceptance and shall not be binding until accepted by the TrustClient. Any The Client, in its discretion, may refuse to accept any order for the purchase of shares that Foreside or subscription Servicing Agents may be rejected by the Trust; provided, however, tender to it. Foreside acknowledges that the Trust will not arbitrarily Client seeks to avoid so called “market timers” and may reject or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Sharesfrom any persons who exhibit or who may exhibit market timing behavior. The Trust Client or its their designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust Client or its designated agent of payment thereof, will issue such Shares. Forum agrees to cause such payment and such instructions to be delivered promptly Shares in uncertificated form pursuant to the Trust instructions of Foreside.
(f) Neither Foreside, any Servicing Agent nor any other person is authorized by the Client to give any information or to make any representations other than as is contained in a Fund’s Prospectus or any advertising materials or sales literature specifically approved in writing by the Client or its designated agentagents.
Appears in 2 contracts
Samples: Distribution Agreement (Wintergreen Fund, Inc.), Distribution Agreement (Wintergreen Fund, Inc.)
OFFERING OF SHARES. (a) Forum Foreside shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum may act as the TrustClient's agent, agent to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum Foreside will promptly forward all orders and subscriptions to the TrustClient, or its designated agent. The price that Forum at which Foreside shall pay for offer the Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c2.1(b) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum are to be resold by Forum to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum pursuant to Section 11 hereof or acting on their own behalf. The Trust Client reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum hereunderClient.
(b) The public offering price of the Shares of a Fund, Fund (i.e., the price per Share at which Forum Foreside or selected dealers Servicing Agents may offer or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, ) shall be the public offering price determined in accordance with the then then-currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust Client will advise Forum Foreside of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust Client and at such other times as Forum Foreside may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the TrustClient, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the TrustClient's BoardGoverning Body.
(d) The Trust Client reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Boardtheir Governing Body, and upon notice of such suspension Forum Foreside shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The TrustClient, or any agent of the Trust Client designated in writing to Forum Foreside by the TrustClient, shall be promptly advised by Forum Foreside or Servicing Agents of all purchase orders for Shares received by Forum Foreside or such Servicing Agents, and all such subscriptions for Shares obtained by Forum Foreside as agent shall be directed to the Trust Client or their agent for acceptance and shall not be binding until accepted by the TrustClient. Any The Client, in its discretion, may refuse to accept any order for the purchase of shares that Foreside or subscription Servicing Agents may be rejected by the Trust; provided, however, tender to it. Foreside acknowledges that the Trust will not arbitrarily Client seeks to avoid so called "market timers" and may reject or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Sharesfrom any persons who exhibit or who may exhibit market timing behavior. The Trust Client or its their designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust Client or its designated agent of payment thereof, will issue such Shares. Forum agrees to cause such payment and such instructions to be delivered promptly Shares in uncertificated form pursuant to the Trust instructions of Foreside.
(f) Neither Foreside, any Servicing Agent nor any other person is authorized by the Client to give any information or to make any representations other than as is contained in a Fund's Prospectus or any advertising materials or sales literature specifically approved in writing by the Client or its designated agentagents.
Appears in 2 contracts
Samples: Distribution Agreement (Aberdeen Funds), Distribution Agreement (Wintergreen Fund, Inc.)
OFFERING OF SHARES. (a) Forum Foreside shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum may act as the TrustClient's agent, agent to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum All orders for Shares shall be made through financial intermediaries or directly through the applicable Fund. Foreside will promptly forward all orders and subscriptions use commercially reasonable efforts to distribute Shares of the TrustFund. The price that Forum at which Foreside shall pay for offer the Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c2.1(b) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum are to be resold by Forum to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum pursuant to Section 11 hereof or acting on their own behalf. The Trust Client reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum hereunderClient.
(b) The public offering price of the Shares of a Fund, Fund (i.e., the price per Share at which Forum Foreside or selected dealers Selected Dealers or selected agents Selected Agents (as such term is defined in Section 2.3 below) may offer or sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, ) shall be the public offering price determined in accordance with the then then-currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust Client will advise Forum Foreside of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust Client and at such other times as Forum Foreside may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the TrustClient, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the TrustClient's BoardGoverning Body.
(d) The Trust Client reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Boardits Governing Body, and upon notice of such suspension Forum Foreside shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The TrustClient, or any agent of the Trust Client designated in writing to Forum Foreside by the TrustClient, shall be promptly advised by Forum Foreside or its Selected Dealers of all purchase orders for Shares received by Forum Foreside or such Selected Dealers, and all such subscriptions for Shares obtained by Forum Foreside as agent shall be directed to the Trust Client or its agent for acceptance and shall not be binding until accepted by the TrustClient. Any order or subscription may be rejected by the Trust; provided, however, Client. Foreside acknowledges that the Trust will not arbitrarily Client seeks to avoid so called market timers and may reject or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Sharesfrom any persons who exhibit or who may exhibit market timing. The Trust Client or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust Client or its designated agent of payment thereof, will issue such SharesShares in uncertificated form pursuant to the instructions of Foreside. Forum Foreside agrees to cause that its agreements with Selected Dealers shall require that such payment and such instructions to be delivered promptly to the Trust Client or its designated agent.
(f) None of Foreside any Selected Dealer, any Selected Agent or any other person is authorized by the Client to give any information or to make any representations other than as is contained in a Fund's Prospectus or any advertising materials or sales literature specifically approved in writing by the Client or its agents.
Appears in 2 contracts
Samples: Distribution Agreement (Bridgeway Funds Inc), Distribution Agreement (Bridgeway Funds Inc)
OFFERING OF SHARES. (a) Forum shall have We understand that you will notify us when the right to buy from the Trust initial public offering of the Shares needed is to fill unconditional orders for unsold Shares be made and of the Funds as shall then be effectively registered under the Securities Act placed with Forum by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum may act as the Trust's agent, to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum will promptly forward all orders and subscriptions to the Trust. The price that Forum shall pay for Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum are to be resold by Forum to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum pursuant to Section 11 hereof or acting on their own behalf. The Trust reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum hereunder.
(b) The initial public offering price of the Shares of a Fund, i.e.and the components thereof. We hereby authorize you in your discretion after the initial public offering to change the public offering price, the concession and the re-allowance. The offering price per Share at which Forum or selected dealers or selected agents may sell any time in effect is hereinafter referred to as the "public offering price". We agree that we will not offer any of the Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, shall be for sale at a price other than the public offering price determined in accordance with or allow any discount therefrom except as herein otherwise provided. We authorize you to reserve and offer for sale to retail purchasers and to dealers (the then currently effective Prospectus "Selected Dealers"), to be selected by you (including any Underwriter) such of the Fund or Class thereof under the Securities Act relating our Shares as you shall determine. Any such offering to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is Selected Dealers may be made pursuant to purchase such Shares, plusa Selected Dealer Agreement, in the case form attached hereto as Exhibit B, or otherwise, as you may determine. We authorize you to take any action you deem desirable in respect to all matters pertaining to sales to Selected Dealers, including any variation in the terms of the Selected Dealer Agreement. We authorize you to make purchases and sales of Shares for which an initial sales charge is assessed, an initial charge equal from or to a specified percentage any Selected Dealer or percentages of Underwriter at the public offering price less all or any part of the concession and, with your consent, any Underwriter may make purchases or sales of Shares from or to any Selected Dealer or Underwriter at the public offering price less all or any part of the concession. The concession and re-allowance may be allowed only to dealers who are members in good standing of the National Association of Securities Dealers, Inc., or foreign dealers or institutions not registered under Section 15(b) of the Securities Exchange Act of 1934 who agree not to make sales within the United States, its territories or possessions or to persons who are citizens thereof or residents therein and, if the offering is one within the scope of such Association's Interpretation with Respect to Free-Riding and Withholding, not to make other sales of Shares to persons enumerated in Paragraphs "1" through "5" of such Interpretation or in a manner inconsistent with the Fixed Price Offering Rules and specifically Sections 8, 24 and 36 of Article III of the Rules of Fair Practice of said Association. We shall also comply with Section 25 of Article III of the Rules of Fair Practice of said Association. We understand that you will notify each Underwriter promptly upon release of the Shares for public offering as set forth in the current Prospectus relating to the Sharesnumber of its Shares reserved for sale to Selected Dealers and retail purchasers. In the case of Shares for which an initial sales charge may be assessed, Shares not so reserved may be sold to certain classes of persons at reduced sales charges or without any sales charge as by each Underwriter for its own account, except that from time to time set forth you may, in the current Prospectus relating your discretion, add to the SharesShares reserved for sale to Selected Dealers and retail purchasers any Shares retained by an Underwriter remaining unsold. The Trust will advise Forum We agree to notify you from time to time upon request, of the net asset value per Share at each number of Shares retained by us remaining unsold. If all the Shares reserved for offering to Selected Dealers and retail purchasers are not promptly sold by you, any Underwriter may from time as the net asset value per Share to time, with your consent, obtain a release of all or any Shares of such Underwriter then remaining unsold and Shares so released shall thereafter be deemed not to have been determined by reserved. Shares of any Underwriter so reserved which remain unsold or, if sold, have not been paid for any time prior to the Trust and at such other times as Forum may reasonably request.
(c) The net asset value per Share termination of each Fund or Class thereof shall be determined by the Trust, or its designated agentthis Agreement may, in accordance with and at your discretion or upon the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's Board.
(d) The Trust reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Board, and upon notice request of such suspension Forum shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The TrustUnderwriter, or any agent of the Trust designated in writing to Forum by the Trust, shall be promptly advised by Forum of all purchase orders for Shares received by Forum and all subscriptions for Shares obtained by Forum as agent shall be directed to the Trust for acceptance and shall not be binding until accepted by the Trust. Any order or subscription may be rejected by the Trust; provided, however, that the Trust will not arbitrarily or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Shares. The Trust or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust or its designated agent of payment thereof, will issue such Shares. Forum agrees to cause such payment and such instructions to be delivered promptly to the Trust or its designated agentsuch Underwriter for carrying purposes only, but such Shares shall remain subject to disposition by you until this Agreement is terminated.
Appears in 1 contract
OFFERING OF SHARES. (a) Forum Foreside shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum Foreside by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum Foreside may act as the Trust's agent, to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum Foreside will promptly forward all orders and subscriptions to the Trust. The price that Forum Foreside shall pay for Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum Foreside are to be resold by Forum Foreside to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum Foreside pursuant to Section 11 hereof or acting on their own behalf. The Trust reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum Foreside hereunder.
(b) The public offering price of the Shares of a Fund, i.e., the price per Share at which Forum Foreside or selected dealers or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, shall be the public offering price determined in accordance with the then currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust will advise Forum Foreside of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust and at such other times as Forum Foreside may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the Trust, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's Board.
(d) The Trust reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Board, and upon notice of such suspension Forum Foreside shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The Trust, or any agent of the Trust designated in writing to Forum Foreside by the Trust, shall be promptly advised by Forum Foreside of all purchase orders for Shares received by Forum Foreside and all subscriptions for Shares obtained by Forum Foreside as agent shall be directed to the Trust for acceptance and shall not be binding until accepted by the Trust. Any order or subscription may be rejected by the Trust; provided, however, that the Trust will not arbitrarily or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Shares. The Trust or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust or its designated agent of payment thereof, will issue such SharesShares in certificated or uncertificated form pursuant to the instructions of Forum. Forum Foreside agrees to cause such payment and such instructions to be delivered promptly to the Trust or its designated agent.
Appears in 1 contract
OFFERING OF SHARES. (a) Forum The Distributor shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum the Distributor by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum the Distributor may act as the Trust's agent, to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum The Distributor will promptly forward all orders and subscriptions to the Trust. The price that Forum the Distributor shall pay for Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum the Distributor are to be resold by Forum the Distributor to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum the Distributor pursuant to Section 11 hereof or acting on their own behalf. The Trust reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum the Distributor hereunder.
(b) The public offering price of the Shares of a Fund, i.e., the price per Share at which Forum the Distributor or selected dealers or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, shall be the public offering price determined in accordance with the then currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forumthe Distributor, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust will advise Forum the Distributor of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust and at such other times as Forum the Distributor may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the Trust, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's ’s Board of Trustees (the “Board”).
(d) The Trust reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Board, and upon notice of such suspension Forum the Distributor shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The Trust, or any agent of the Trust designated in writing to Forum the Distributor by the Trust, shall be promptly advised by Forum the Distributor of all purchase orders for Shares received by Forum the Distributor and all subscriptions for Shares obtained by Forum the Distributor as agent shall be directed to the Trust for acceptance and shall not be binding until accepted by the Trust. Any order or subscription may be rejected by the Trust; provided, however, that the Trust will not arbitrarily or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Shares. The Trust or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust or its designated agent of payment thereof, will issue such SharesShares in certificated or uncertificated form pursuant to the instructions of the Distributor. Forum The Distributor agrees to cause such payment and such instructions to be delivered promptly to the Trust or its designated agent.
Appears in 1 contract
Samples: Distribution Agreement (Forum Funds)
OFFERING OF SHARES. (a) Forum Foreside shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum may act as the TrustClient's agent, agent to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum Foreside will promptly forward all orders and subscriptions to the TrustClient, or its designated agent. The price that Forum at which Foreside shall pay for offer the Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c2.l(b) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum are to be resold by Forum to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum pursuant to Section 11 hereof or acting on their own behalf. The Trust Client reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum hereunderClient.
(b) The public offering price of the Shares of a Fund, Fund (i.e., the price per Share at which Forum Foreside or selected dealers Servicing Agents may offer or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, ) shall be the public offering price determined in accordance with the then then-currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is be subject to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as any provisions set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shareswith respect thereto, including, without limitation, rights of accumulation, letters of intention, exchangeability of shares, reinstatement privileges, net asset value purchases by certain persons and reinvestment of dividends and capital gains distributions. The Trust Client will advise Forum Foreside of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust Client and at such other times as Forum Foreside may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the TrustClient, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the TrustClient's BoardGoverning Body.
(d) The Trust Client reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Boardtheir Governing Body, and upon notice of such suspension Forum Foreside shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The TrustClient, or any agent of the Trust Client designated in writing to Forum Foreside by the TrustClient, shall be promptly advised by Forum Foreside or Servicing Agents of all purchase orders for Shares received by Forum Foreside or such Servicing Agents, and all such subscriptions for Shares obtained by Forum Foreside as agent shall be directed to the Trust Client or its designated agent for acceptance and shall not be binding until accepted by the TrustClient. Any The Client, in its discretion, may refuse to accept any order for the purchase of shares that Foreside or subscription Servicing Agents may be rejected by the Trust; provided, however, tender to it. Foreside acknowledges that the Trust will not arbitrarily Client seeks to avoid so called "market timers" and may reject or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Sharesfrom any persons who exhibit or who may exhibit market timing behavior. The Trust Client or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust Client or its designated agent of payment thereof, will issue such Shares. Forum agrees to cause such payment and such instructions to be delivered promptly Shares in uncertificated form pursuant to the Trust instructions of Foreside.
(f) Neither Foreside, any Servicing Agent nor any other person is authorized by the Client to give any information or to make any representations other than as is contained in a Fund's Prospectus or any advertising materials or sales literature specifically approved in writing by the Client or its designated agentagents.
Appears in 1 contract
OFFERING OF SHARES. (a) Forum Foreside shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum Foreside by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum Foreside may act as the Trust's agent, to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum Foreside will promptly forward all orders and subscriptions to the Trust. The price that Forum Foreside shall pay for Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum Foreside are to be resold by Forum Foreside to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum Foreside pursuant to Section 11 hereof or acting on their own behalf. The Trust reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum Foreside hereunder.
(b) The public offering price of the Shares of a Fund, i.e., the price per Share at which Forum Foreside or selected dealers or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, shall be the public offering price determined in accordance with the then currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which ForumForeside, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust will advise Forum Foreside of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust and at such other times as Forum Foreside may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the Trust, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's Board.
(d) The Trust reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Board, and upon notice of such suspension Forum Foreside shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The Trust, or any agent of the Trust designated in writing to Forum Foreside by the Trust, shall be promptly advised by Forum Foreside of all purchase orders for Shares received by Forum Foreside and all subscriptions for Shares obtained by Forum Foreside as agent shall be directed to the Trust for acceptance and shall not be binding until accepted by the Trust. Any order or subscription may be rejected by the Trust; provided, however, that the Trust will not arbitrarily or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Shares. The Trust or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust or its designated agent of payment thereof, will issue such Shares. Forum Foreside agrees to cause such payment and such instructions to be delivered promptly to the Trust or its designated agent.
Appears in 1 contract
OFFERING OF SHARES. (a) Forum Foreside shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum may act as the Trust's agent, Clients' agent to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum Foreside will promptly forward all orders and subscriptions to the TrustClients, or their designated agent. The price that Forum at which Foreside shall pay for offer the Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c2.1(b) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum are to be resold by Forum to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum pursuant to Section 11 hereof or acting on their own behalf. The Trust reserves Clients reserve the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum hereunderClients.
(b) The public offering price of the Shares of a Fund, Fund (i.e., the price per Share at which Forum Foreside or selected dealers Servicing Agents may offer or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, ) shall be the public offering price determined in accordance with the then then-currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust Clients will advise Forum Foreside of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust Clients and at such other times as Forum Foreside may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the TrustClients, or its their designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's BoardClients' Governing Body.
(d) The Trust reserves Clients reserve the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Boardtheir Governing Body, and upon notice of such suspension Forum Foreside shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The TrustClients, or any agent of the Trust Clients designated in writing to Forum Foreside by the TrustClients, shall be promptly advised by Forum Foreside or Servicing Agents of all purchase orders for Shares received by Forum Foreside or such Servicing Agents, and all such subscriptions for Shares obtained by Forum Foreside as agent shall be directed to the Trust Clients or their agent for acceptance and shall not be binding until accepted by the TrustClients. Any The Clients, in their discretion, may refuse to accept any order for the purchase of shares that Foreside or subscription Servicing Agents may be rejected by the Trust; provided, however, tender to it. Foreside acknowledges that the Trust will not arbitrarily Clients seek to avoid so called "market timers" and may reject or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Sharesfrom any persons who exhibit or who may exhibit market timing behavior. The Trust Clients or its their designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust Clients or its their designated agent of payment thereof, will issue such Shares. Forum agrees to cause such payment and such instructions to be delivered promptly Shares in uncertificated form pursuant to the Trust instructions of Foreside.
(f) None of Foreside, any Servicing Agent or its designated agentany other person is authorized by the Clients to give any information or to make any representations other than as is contained in a Fund's Prospectus or any advertising materials or sales literature specifically approved in writing by the Clients or their agents.
Appears in 1 contract
OFFERING OF SHARES. (a) Forum The Distributor shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum the Distributor by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum the Distributor may act as the Trust's agent, to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum The Distributor will promptly forward all orders and subscriptions to the Trust. The price that Forum the Distributor shall pay for Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum the Distributor are to be resold by Forum the Distributor to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum the Distributor pursuant to Section 11 hereof or acting on their own behalf. The Trust reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum the Distributor hereunder.
(b) The public offering price of the Shares of a Fund, i.e., the price per Share at which Forum the Distributor or selected dealers or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, shall be the public offering price determined in accordance with the then currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall -B2- not exceed the net asset value at which Forumthe Distributor, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust will advise Forum the Distributor of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust and at such other times as Forum the Distributor may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the Trust, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's Board.
(d) The Trust reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Board, and upon notice of such suspension Forum the Distributor shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The Trust, or any agent of the Trust designated in writing to Forum the Distributor by the Trust, shall be promptly advised by Forum the Distributor of all purchase orders for Shares received by Forum the Distributor and all subscriptions for Shares obtained by Forum the Distributor as agent shall be directed to the Trust for acceptance and shall not be binding until accepted by the Trust. Any order or subscription may be rejected by the Trust; provided, however, that the Trust will not arbitrarily or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Shares. The Trust or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust or its designated agent of payment thereof, will issue such SharesShares in certificated or uncertificated form pursuant to the instructions of the Distributor. Forum The Distributor agrees to cause such payment and such instructions to be delivered promptly to the Trust or its designated agent.
Appears in 1 contract
OFFERING OF SHARES. (a) Forum Foreside shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum may act as the Trust's agent, Client’s agent to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum Foreside will promptly forward all orders and subscriptions to the TrustClient. The price that Forum at which Foreside shall pay for offer the Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c2.1(b) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum are to be resold by Forum to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum pursuant to Section 11 hereof or acting on their own behalf. The Trust Client reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum hereunderClient.
(b) The public offering price of the Shares of a Fund, Fund (i.e., the price per Share at which Forum Foreside or selected dealers Selected Dealers or selected agents Selected Agents may offer or sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, ) shall be the public offering price determined in accordance with the then then-currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust Client will advise Forum Foreside of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust Client and at such other times as Forum Foreside may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the TrustClient, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's BoardClient’s Governing Body.
(d) The Trust Client reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Boardits Governing Body, and upon notice of such suspension Forum Foreside shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The TrustClient, or any agent of the Trust Client designated in writing to Forum Foreside by the TrustClient, shall be promptly advised by Forum Foreside or its Selected Dealers of all purchase orders for Shares received by Forum Foreside or such Selected Dealers, and all such subscriptions for Shares obtained by Forum Foreside as agent shall be directed to the Trust Client or its agent for acceptance and shall not be binding until accepted by the TrustClient. Any order or subscription may be rejected by the Trust; provided, however, Client. Foreside acknowledges that the Trust will not arbitrarily Client seeks to avoid so called market timers and may reject or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Sharesfrom any persons who exhibit or who may exhibit market timing. The Trust Client or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust Client or its designated agent of payment thereof, will issue such SharesShares in uncertificated form pursuant to the instructions of Foreside. Forum Foreside agrees to cause that its agreements with Selected Dealers shall require that such payment and such instructions to be delivered promptly to the Trust Client or its designated agent.
(f) None of Foreside, any Selected Dealer, any Selected Agent or any other person is authorized by the Client to give any information or to make any representations other than as is contained in a Fund’s Prospectus or any advertising materials or sales literature specifically approved in writing by the Client or its agents.
Appears in 1 contract
OFFERING OF SHARES. (a) Forum Underwriter shall have the right to buy from the Trust Fund the Shares needed to fill unconditional orders for unsold Shares of the Funds Portfolios as shall then be effectively registered under the Securities Act placed with Forum the Underwriter by investors or selected dealers Selected Dealers or selected agents Selected Agents (each as defined in Section 11 10 hereof) acting as agent for their customers customer or on their own behalf. Alternatively, Forum Underwriter may act as the TrustFund's agent, to offer, and to solicit offers to subscribe to, unsold Shares of the Funds Portfolios as shall then be effectively registered under the Securities Act. Forum Underwriter will promptly forward all orders and subscriptions to the TrustFund. The price that Forum Underwriter shall pay for Shares purchased from the Trust Fund shall be the net asset value per Share, determined as set forth in Section 3(c2(c) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum Underwriter are to be resold by Forum Underwriter to investors at the public offering price, as set forth in Section 3(b2(b) hereof, or to selected dealers Selected Dealers or selected agents Selected Agents acting as agent for their customers that have entered into agreements with Forum Underwriter pursuant to Section 11 10 hereof or acting on their own behalf. The Trust Fund reserves the right to sell Shares directly to investors through subscriptions received by the TrustFund, but no such direct sales shall affect the sales charges due to Forum Underwriter hereunder.
(b) The public offering price of the Shares of a FundPortfolio, i.e., the price per Share at which Forum Underwriter or selected dealers Selected Dealers or selected agents Selected Agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, shall be the public offering price determined in accordance with the then currently effective Prospectus of the Fund Portfolio or Class class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which ForumUnderwriter, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust Fund will advise Forum Underwriter of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust Fund and at such other times as Forum Underwriter may reasonably request.
(c) The net asset value per Share of each Fund Portfolio or Class class thereof shall be determined by the TrustFund, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's Board.
(d) The Trust Fund reserves the right to suspend the offering of Shares of a Fund Portfolio or of any Class class thereof at any time in the absolute discretion of the Board, and upon notice of such suspension Forum Underwriter shall cease to offer Shares of the Funds Portfolios or Classes classes thereof specified in the notice.
(e) The TrustFund, or any agent of the Trust Fund designated in writing to Forum Underwriter by the TrustFund, shall be promptly advised by Forum Underwriter of all purchase orders for Shares received by Forum Underwriter and all subscriptions for Shares obtained by Forum Underwriter as agent shall be directed to the Trust Fund for acceptance and shall not be binding until accepted by the TrustFund. Any order or subscription may be rejected by the Trust; provided, however, that the Trust will not arbitrarily or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of SharesFund. The Trust Fund or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust Fund or its designated agent of payment thereof, will issue such SharesShares in uncertificated form pursuant to the instructions of Underwriter. Forum Underwriter agrees to cause such payment and such instructions to be delivered promptly to the Trust Fund or its designated agent.
Appears in 1 contract
OFFERING OF SHARES. (a) Forum shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum may act as the Trust's agent, to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum will promptly forward all orders and subscriptions to the Trust. The price that Forum shall pay for Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum are to be resold by Forum to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum pursuant to Section 11 hereof or acting on their own behalf. The Trust reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum hereunder.
(b) The public offering price of the Shares of a Fund, i.e., the price per Share at which Forum or selected dealers or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, shall be the public offering price determined in accordance with the then currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust will advise Forum of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust and at such other times as Forum may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the Trust, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's Board.
(d) The Trust reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Board, and upon notice of such suspension Forum shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The Trust, or any agent of the Trust designated in writing to Forum by the Trust, shall be promptly advised by Forum of all purchase orders for Shares received by Forum and all subscriptions for Shares obtained by Forum as agent shall be directed to the Trust for acceptance and shall not be binding until accepted by the Trust. Any order or subscription may be rejected by the Trust; provided, however, that the Trust will not arbitrarily or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Shares. The Trust or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust or its designated agent of payment thereof, will issue such SharesShares in certificated or uncertificated form pursuant to the instructions of Forum. Forum agrees to cause such payment and such instructions to be delivered promptly to the Trust or its designated agent.
Appears in 1 contract
OFFERING OF SHARES. (a) Forum The Distributor shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum the Distributor by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum the Distributor may act as the Trust's agent, to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum The Distributor will promptly forward all orders and subscriptions to the Trust. The price that Forum the Distributor shall pay for Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum the Distributor are to be resold by Forum the Distributor to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum the Distributor pursuant to Section 11 hereof or acting on their own behalf. The Trust reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum the Distributor hereunder.
(b) The public offering price of the Shares of a Fund, i.e., the price per Share at which Forum the Distributor or selected dealers or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, shall be the public offering price determined in accordance with the then currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forumthe Distributor, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust will advise Forum the Distributor of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust and at such other times as Forum may reasonably requestTrust.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the Trust, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's Board.
(d) The Trust reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Board, and upon notice of such suspension Forum the Distributor shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The Trust, or any agent of the Trust designated in writing to Forum the Distributor by the Trust, shall be promptly advised by Forum the Distributor of all purchase orders for Shares received by Forum the Distributor and all subscriptions for Shares obtained by Forum the Distributor as agent shall be directed to the Trust for acceptance and shall not be binding until accepted by the Trust. Any order or subscription may be rejected by the Trust; provided, however, that the Trust will not arbitrarily or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Shares. The Trust or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust or its designated agent of payment thereof, will issue such SharesShares in certificated or uncertificated form pursuant to the instructions of the Distributor. Forum The Distributor agrees to cause such payment and such instructions to be delivered promptly to the Trust or its designated agent.
Appears in 1 contract
OFFERING OF SHARES. (a) Forum The Distributor shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum the Distributor by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum the Distributor may act as the Trust's agent, to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum The Distributor will promptly forward all orders and subscriptions to the Trust. The price that Forum the Distributor shall pay for Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum the Distributor are to be resold by Forum the Distributor to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum the Distributor pursuant to Section 11 hereof or acting on their own behalf. The Trust reserves the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum the Distributor hereunder.
(b) The public offering price of the Shares of a Fund, i.e., the price per Share at which Forum the Distributor or selected dealers or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, shall be the public offering price determined in accordance with the then currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forumthe Distributor, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust will advise Forum the Distributor of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust and at such other times as Forum the Distributor may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the Trust, or its designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's Board.
(d) The Trust reserves the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Board, and upon notice of such suspension Forum the Distributor shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The Trust, or any agent of the Trust designated in writing to Forum the Distributor by the Trust, shall be promptly advised by Forum the Distributor of all purchase orders for Shares received by Forum the Distributor and all subscriptions for Shares obtained by Forum the Distributor as agent shall be directed to the Trust for acceptance and shall not be binding until accepted by the Trust. Any order or subscription may be rejected by the Trust; provided, however, that the Trust will not arbitrarily or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Shares. The Trust or its designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust or its designated agent of payment thereof, will issue such SharesShares in certificated or uncertificated form pursuant to the instructions of the Distributor. Forum The Distributor agrees to cause such payment and such instructions to be delivered promptly to the Trust or its designated agent.
Appears in 1 contract
OFFERING OF SHARES. (a) Forum Foreside shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum may act as the Trust's agent, Clients’ agent to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum Foreside will promptly forward all orders and subscriptions to the TrustClients, or their designated agent. The price that Forum at which Foreside shall pay for offer the Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c2.1(b) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum are to be resold by Forum to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum pursuant to Section 11 hereof or acting on their own behalf. The Trust reserves Clients reserve the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum hereunderClients.
(b) The public offering price of the Shares of a Fund, Fund (i.e., the price per Share at which Forum Foreside or selected dealers Servicing Agents may offer or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, ) shall be the public offering price determined in accordance with the then then-currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust Clients will advise Forum Foreside of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust Clients and at such other times as Forum Foreside may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the TrustClients, or its their designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's BoardClients’ Governing Body.
(d) The Trust reserves Clients reserve the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Boardtheir Governing Body, and upon notice of such suspension Forum Foreside shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The TrustClients, or any agent of the Trust Clients designated in writing to Forum Foreside by the TrustClients, shall be promptly advised by Forum Foreside or Servicing Agents of all purchase orders for Shares received by Forum Foreside or such Servicing Agents, and all such subscriptions for Shares obtained by Forum Foreside as agent shall be directed to the Trust Clients or their agent for acceptance and shall not be binding until accepted by the TrustClients. Any The Clients, in their discretion, may refuse to accept any order for the purchase of shares that Foreside or subscription Servicing Agents may be rejected by the Trust; provided, however, tender to it. Foreside acknowledges that the Trust will not arbitrarily Clients seek to avoid so called “market timers” and may reject or without reasonable cause refuse to accept or confirm orders or subscriptions for the purchase of Sharesfrom any persons who exhibit or who may exhibit market timing behavior. The Trust Clients or its their designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust Clients or its their designated agent of payment thereof, will issue such Shares. Forum agrees to cause such payment and such instructions to be delivered promptly Shares in uncertificated form pursuant to the Trust instructions of Foreside.
(f) None of Foreside, any Servicing Agent or its designated agentany other person is authorized by the Clients to give any information or to make any representations other than as is contained in a Fund’s Prospectus or any advertising materials or sales literature specifically approved in writing by the Clients or their agents.
Appears in 1 contract
OFFERING OF SHARES. (a) Forum Foreside shall have the right to buy from the Trust the Shares needed to fill unconditional orders for unsold Shares of the Funds as shall then be effectively registered under the Securities Act placed with Forum by investors or selected dealers or selected agents (each as defined in Section 11 hereof) acting as agent for their customers or on their own behalf. Alternatively, Forum may act as the Trust's agent, Clients’ agent to offer, and to solicit offers to subscribe to, unsold Shares of the Funds as shall then be effectively registered under the Securities Act. Forum Foreside will promptly forward all orders and subscriptions to the TrustClients, or their designated agent. The price that Forum at which Foreside shall pay for offer the Shares purchased from the Trust shall be the net asset value per Share, determined as set forth in Section 3(c2.1(b) hereof, used in determining the public offering price on which the orders are based. Shares purchased by Forum are to be resold by Forum to investors at the public offering price, as set forth in Section 3(b) hereof, or to selected dealers or selected agents acting as agent for their customers that have entered into agreements with Forum pursuant to Section 11 hereof or acting on their own behalf. The Trust reserves Clients reserve the right to sell Shares directly to investors through subscriptions received by the Trust, but no such direct sales shall affect the sales charges due to Forum hereunderClients.
(b) The public offering price of the Shares of a Fund, Fund (i.e., the price per Share at which Forum Foreside or selected dealers Servicing Agents may offer or selected agents may sell Shares to the public or to those persons eligible to invest in Shares as described in the applicable Prospectus, ) shall be the public offering price determined in accordance with the then then-currently effective Prospectus of the Fund or Class thereof under the Securities Act relating to such Shares. The public offering price shall not exceed the net asset value at which Forum, when acting as principal, is to purchase such Shares, plus, in the case of Shares for which an initial sales charge is assessed, an initial charge equal to a specified percentage or percentages of the public offering price of the Shares as set forth in the current Prospectus relating to the Shares. In the case of Shares for which an initial sales charge may be assessed, Shares may be sold to certain classes of persons at reduced sales charges or without any sales charge as from time to time set forth in the current Prospectus relating to the Shares. The Trust Clients will advise Forum Foreside of the net asset value per Share at each time as the net asset value per Share shall have been determined by the Trust Clients and at such other times as Forum Foreside may reasonably request.
(c) The net asset value per Share of each Fund or Class thereof shall be determined by the TrustClients, or its their designated agent, in accordance with and at the times indicated in the applicable Prospectus on each Fund business day in accordance with the method set forth in the Prospectus and guidelines established by the Trust's BoardClients’ Governing Body.
(d) The Trust reserves Clients reserve the right to suspend the offering of Shares of a Fund or of any Class thereof at any time in the absolute discretion of the Boardtheir Governing Body, and upon notice of such suspension Forum Foreside shall cease to offer Shares of the Funds or Classes thereof specified in the notice.
(e) The TrustClients, or any agent of the Trust Clients designated in writing to Forum Foreside by the TrustClients, shall be promptly advised by Forum Foreside or Servicing Agents of all purchase orders for Shares received by Forum Foreside or such Servicing Agents, and all such subscriptions for Shares obtained by Forum Foreside as agent shall be directed to the Trust Clients or their agent for acceptance and shall not be binding until accepted by the TrustClients. Any The Clients, in their discretion, may refuse to accept any order for the purchase of shares that Foreside or subscription Servicing Agents may be rejected by the Trust; provided, however, tender to it. Foreside acknowledges that the Trust will not arbitrarily Clients seek to avoid so called “market timers” and may reject or without reasonable cause refuse to accept or confirm orders order or subscriptions for the purchase of Sharesfrom any persons who exhibit or who may exhibit market timing behavior. The Trust Clients or its their designated agent will confirm orders and subscriptions upon their receipt, will make appropriate book entries and, upon receipt by the Trust Clients or its their designated agent of payment thereof, will issue such Shares. Forum agrees to cause such payment and such instructions to be delivered promptly Shares in uncertificated form pursuant to the Trust instructions of Foreside.
(f) None of Foreside, any Servicing Agent or its designated agentany other person is authorized by the Clients to five any information or to make any representations other than as is contained in a Fund’s Prospectus or any advertising materials or sales literature specifically approved in writing by the Clients or their agents.
Appears in 1 contract