PURCHASE AND REDEMPTION OF SHARES. (a) You will offer and sell Shares of the Funds to your customers at the public offering price in accordance with each Fund’s current prospectus and statement of additional information (“Prospectus”). You will offer Shares only on a forward pricing basis, i.e. only orders for the purchase, repurchase or exchange of Shares received and accepted by you prior to the time designated in the relevant Fund’s Prospectus for the calculation of its net asset value shall be placed with us for processing at such next computed net asset value; orders received or accepted by you after such time shall be placed by you for processing at the subsequently computed net asset value. You agree to place orders for Shares only with us and at such closing price. In the event of a difference between verbal and written price information, the written confirmation shall be considered final. Prices of a Fund’s Shares are computed by each Fund in accordance with its Prospectus. You agree to place orders with us only through your central order department unless we accept your written Power of Attorney authorizing others to place orders on your behalf. This dealer agreement (“Agreement”) on your part runs to us and the respective Funds and is for the benefit of, and is enforceable by, each. You agree to purchase Shares of the Funds only from us or from your customers. If you purchase Shares from us, you agree that all such purchases shall be made only to cover orders already received by you from your customers, or for your own bona fide investment without a view to resale. If you purchase Shares from your customers, you agree to pay such customers the applicable net asset value per Share, less any applicable fee or sales charge, as described in the Prospectus (“repurchase price”). You will sell Shares only to your customers at the prices described in paragraph 1(a) above OR to us as agent for the Fund at the repurchase price. In such a sale to us, you may act either as principal for your own account or as agent for your customer. If you act as principal for your own account in purchasing Shares for resale to us, you agree to pay your customer not less nor more than the repurchase price which you receive from us. If you act as agent for your customer in selling Shares to us, you agree not to charge your customer more than a fair commission for handling the transaction. You shall not withhold placing with us orders received from your customers so as to profit yourself as a result of such withholding. We will not accept from you any conditional orders for Shares. In the distribution and selling of Shares of the Funds, you shall not have authority in any transaction to act as agent for the Fund, the Company or any other dealer in any respect in such transactions. All orders are subject to acceptance by us and become effective only upon confirmation by us. The Company reserves the unqualified right not to accept any specific order for the purchase or exchange of Shares. You hereby authorize us to act as your agent in connection with all transactions in shareholder accounts in which you are designated as dealer (“Dealer of Record”). All designations of Dealer of Record and all authorizations of the Company to act as your agent shall cease upon termination of this Agreement or upon the shareholder’s instruction to transfer his or her account to another Dealer of Record. (f) In addition to the distribution services provided by you with respect to a Fund, you may be asked to render administrative, account maintenance and other services as necessary or desirable for shareholders of such Fund (“Shareholder Services”). Payment for all Shares purchased from us shall be made in accordance with the terms of the applicable Fund Prospectus and shall be received by the Company within three business days after the acceptance of your order or such shorter time as may be required by law. If such payment is not received by us, we reserve the right, without prior notice, forthwith to cancel the sale, or, at our option, to sell such Shares back to the respective Fund in which case we may hold you responsible for any loss, including loss of profit, suffered by us or by such Fund resulting from your failure to make payment as aforesaid. (h) In placing orders with us for the purchase, repurchase or exchange of shares and on all matters relating to such purchase, repurchase or exchange involving us, a Fund or your customers, you agree to comply with all applicable provisions of each Fund’s Prospectus and with all applicable laws and regulations.
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Samples: Dealer Agreement (Evergreen Money Market Trust), Dealer Agreement (Evergreen Select Equity Trust), Dealer Agreement (Evergreen Municipal Trust /De/)
PURCHASE AND REDEMPTION OF SHARES. (a) You will offer and sell Shares of the Funds to your customers at the public offering price with respect to the applicable class in accordance with each Fund’s 's current prospectus and statement of additional information (“"Prospectus”"). You will offer Shares only on a forward pricing basis, i.e. only orders for the purchase, repurchase or exchange of Shares received and accepted by you prior to the time designated in close of the relevant Fund’s Prospectus for the calculation of its net asset value shall be New York Stock Exchange and placed with us for processing at such next computed net asset value; orders received or accepted by you after such time the same day prior to the close of our business day, 5:00 p.m. Eastern Time, shall be placed by you for processing confirmed at the subsequently computed net asset valueclosing price for that business day. You agree to place orders for Shares only with us and at such closing price. In the event of a difference between verbal and written price information, the written confirmation shall be considered final. Prices of a Fund’s 's Shares are computed by each Fund in accordance with its Prospectus. You agree to place orders with us only through your central order department unless we accept your written Power of Attorney authorizing others to place orders on your behalf. This dealer agreement (“"Agreement”") on your part runs to us and the respective Funds and is for the benefit of, and is enforceable byenforceable, by each. .
(b) You agree to purchase Shares of the Funds only from us or from your customers. If you purchase Shares from us, you agree that all such purchases shall be made only to cover orders already received by you from your customers, or for your own bona fide investment without a view to resale. If you purchase Shares from your customers, you agree to pay such customers the applicable net asset value per Share, Share less any contingent deferred sales charge ("CDSC") that would be applicable fee or sales charge, as described in the Prospectus (“"repurchase price”"). .
(c) You will sell Shares only to your customers at the prices described in paragraph 1(a) above OR to us as agent for the Fund at the repurchase price. In such a sale to us, you may act either as principal for your own account or as agent for your customer. If you act as principal for your own account in purchasing Shares for resale to us, you agree to pay your customer not less nor more than the repurchase price which you receive from us. If you act as agent for your customer in selling Shares to us, you agree not to charge your customer more than a fair commission for handling the transaction. You shall not withhold placing with us orders received from your customers so as to profit yourself as a result of such withholding. We will not accept from you any conditional orders for Shares. .
(d) In the distribution and selling of Shares of the Funds, you agree to act as agent for your customer. You shall not have authority in any transaction to act as agent for the Fund, the Company or any other dealer in any respect in such transactions. All orders are subject to acceptance by us and become effective only upon confirmation by us. The Company reserves the unqualified right not to accept any specific order for the purchase or exchange of Shares. .
(e) You hereby authorize us to act as your agent in connection with all transactions in shareholder accounts in which you are designated as dealer (“"Dealer of Record”"). All designations of Dealer of Record and all authorizations of the Company to act as your agent shall cease upon termination of this Agreement or upon the shareholder’s 's instruction to transfer his or her account to another Dealer of Record.
(f) In addition to the distribution services provided by you with respect to a Fund, Fund you may be asked to render administrative, account maintenance and other services as necessary or desirable for shareholders of such Fund (“"Shareholder Services”"). .
(g) Payment for all Shares purchased from us shall be made in accordance with the terms of the applicable Fund Prospectus prospectus and shall be received by the Company within three business days after the acceptance of your order or such shorter time as may be required by law. If such payment is not received by us, we reserve the right, without prior notice, forthwith to cancel the sale, or, at our option, to sell such Shares back to the respective Fund in which case we may hold you responsible for any loss, including loss of profit, suffered by us or by such Fund resulting from your failure to make payment as aforesaid.
(h) In placing orders with us Notwithstanding anything else contained in this Agreement or in any other agreement between us, the Company hereby acknowledges and agrees that any information received from you concerning your customer in the course of this arrangement is confidential. Except as requested by the customer or as required by law and except for the purchaserespective Fund, repurchase its officers, directors or exchange of shares and on all matters relating trustees, employees, agents or service providers, the Company will not provide nor permit access to such purchaseinformation by any person or entity, repurchase or exchange involving us, a Fund or your customers, you agree to comply with all applicable provisions of each Fund’s Prospectus and with all applicable laws and regulationsexcluding any third party affiliates.
Appears in 1 contract
Samples: Distribution Agreement (Evergreen International Trust)