Common use of Purchase of Class Clause in Contracts

Purchase of Class. A shares from the Company. ------------------------------------------ (a) The Company will commence an offering of its Class A shares and thereafter the Distributor shall have the right to buy from the Company the Class A shares needed, but not more than the Class A shares needed (except for clerical errors in transmission) to fill unconditional orders for Class A shares of the Company placed with the Distributor by eligible investors or securities dealers. Investors eligible to purchase Class A shares shall be those persons so identified in the currently effective prospectus and statement of additional information of the Company (the "prospectus" and "statement of additional information", respectively) under the Securities Act of 1933, as amended (the "Securities Act"), relating to such Class A shares ("eligible investors"). The price which the Distributor shall pay for the Class A shares so purchased from the Company shall be the net asset value, determined as set forth in Section 3(d) hereof, used in determining the public offering price on which such orders were based. (b) The Class A shares are to be resold by the Distributor to eligible investors at the public offering price, as set forth in Section 3(c) hereof, or to securities dealers having agreements with the Distributor upon the terms and conditions set forth in Section 7 hereof. (c) The public offering price(s) of the Class A shares, i.e., the --- price per share at which the Distributor or selected dealers may sell Class A shares to eligible investors, shall be the public offering price as set forth in the prospectus and statement of additional information relating to such Class A shares, but not to exceed the net asset value at which the Distributor is to purchase the Class A shares, plus a sales charge not to exceed 5.25% of the public offering price (5.54% of the net amount invested), subject to reductions for volume purchases. Class A shares may be sold to certain Directors, officers and employees of the Company, directors and employees of Xxxxxxx Xxxxx & Co., Inc. and its subsidiaries, and to certain other persons described in the prospectus and statement of additional information, without a sales charge or at a reduced sales charge, upon terms and conditions set forth in the prospectus and statement of additional information. If the public offering price does not equal an even cent, the public offering price may be adjusted to the nearest cent. All payments to the Company hereunder shall be made in the manner set forth in Section 3(f). (d) The net asset value of Class A shares shall be determined by the Company or any agent of the Company in accordance with the method set forth in the prospectus and statement of additional information of the Company and guidelines established by the Directors. (e) The Company shall have the right to suspend the sale of its Class A shares at times when redemption is suspended pursuant to the conditions set forth in Section 4(b) hereof. The Company shall also have the right to suspend the sale of its Class A shares if trading on the New York Stock Exchange shall have been suspended, if a banking moratorium shall have been declared by Federal or New York authorities, or if there shall have been some other event, which, in the judgment of the Company, makes it impracticable or inadvisable to sell the Class A shares. (f) The Company, or any agent of the Company designated in writing by the Company, shall be promptly advised of all purchase orders for Class A shares received by the Distributor. Any order may be rejected by the Company; provided, however, that the Company will not arbitrarily or without reasonable cause refuse to accept or confirm orders for the purchase of Class A shares from eligible investors. The Company (or its agent) will confirm orders upon their receipt, will make appropriate book entries and, upon receipt by the Company (or its agent) of payment therefor, will deliver deposit receipts or certificates for such Class A shares pursuant to the instructions of the Distributor. Payment shall be made to the Company in New York Clearing House funds. The Distributor agrees to cause such payment and such instructions to be delivered promptly to the Company (or its agent).

Purchase of Class. A shares from the Company. ------------------------------------------Fund. (a) The Company will commence an offering of its Class A shares and thereafter the Distributor shall have the right to buy from the Company Fund the Class A shares needed, but not more than the Class A shares needed (except for clerical errors in transmission) to fill unconditional orders for Class A shares of the Company Fund placed with the Distributor by eligible investors or securities dealers. Investors eligible to purchase Class A shares shall be those persons so identified in the currently effective prospectus and statement of additional information of the Company Fund (the "prospectus" and "statement of additional information", respectively) under the Securities Act of 1933, as amended (the "Securities Act"), relating to such Class A shares ("eligible investors"). The price which the Distributor shall pay for the Class A shares so purchased from the Company Fund shall be the net asset value, determined as set forth in Section 3(d) hereof, used in determining the public offering price on which such orders were based. (b) The Class A shares are to be resold by the Distributor to eligible investors at the public offering price, as set forth in Section 3(c) hereof, or to securities dealers having agreements with the Distributor upon the terms and conditions set forth in Section 7 hereof.. 4 (c) The public offering price(s) of the Class A shares, i.e., the --- price per share at which the Distributor or selected dealers may sell Class A shares to eligible investors, shall be the public offering price as set forth in the prospectus and statement of additional information relating to such Class A shares, but not to exceed the net asset value at which the Distributor is to purchase the Class A shares, plus a sales charge not to exceed 5.25% of the public offering price (5.54% of the net amount invested), subject to reductions for volume purchases. Class A shares may be sold to certain Directors, officers and employees of the CompanyFund, directors and employees of Xxxxxxx Xxxxx Merrxxx Xxxcx & Co.Xo., Inc. and its subsidiaries, and to certain other persons described in the prospectus and statement of additional information, without a sales charge or at a reduced sales charge, upon terms and conditions set forth in the prospectus and statement of additional information. If the public offering price does not equal an even cent, the public offering price may be adjusted to the nearest cent. All payments to the Company Fund hereunder shall be made in the manner set forth in Section 3(f). (d) The net asset value of Class A shares shall be determined by the Company Fund or any agent of the Company Fund in accordance with the method set forth in the prospectus and statement of additional information of the Company Fund and guidelines established by the Directors.. 5 (e) The Company Fund shall have the right to suspend the sale of its Class A shares at times when redemption is suspended pursuant to the conditions set forth in Section 4(b) hereof. The Company Fund shall also have the right to suspend the sale of its Class A shares if trading on the New York Stock Exchange shall have been suspended, if a banking moratorium shall have been declared by Federal or New York authorities, or if there shall have been some other event, which, in the judgment of the CompanyFund, makes it impracticable or inadvisable to sell the Class A shares. (f) The CompanyFund, or any agent of the Company Fund designated in writing by the CompanyFund, shall be promptly advised of all purchase orders for Class A shares received by the Distributor. Any order may be rejected by the CompanyFund; provided, however, that the Company Fund will not arbitrarily or without reasonable cause refuse to accept or confirm orders for the purchase of Class A shares from eligible investors. The Company Fund (or its agent) will confirm orders upon their receipt, will make appropriate book entries and, upon receipt by the Company Fund (or its agent) of payment therefor, will deliver deposit receipts or certificates for such Class A shares pursuant to the instructions of the Distributor. Payment shall be made to the Company Fund in New York Clearing House funds. The Distributor agrees to cause such payment and such instructions to be delivered promptly to the Company Fund (or its agent).. 6

Purchase of Class. A shares from the Company. ------------------------------------------Fund. (a) The Company will commence an offering of its Class A shares and thereafter the Distributor shall have the right to buy from the Company Fund the Class A shares needed, but not more than the Class A shares needed (except for clerical errors in transmission) to fill unconditional orders for Class A shares of the Company Fund placed with the Distributor by eligible investors or securities dealers. Investors eligible to purchase Class A shares shall be those persons so identified in the currently effective prospectus and statement of additional information of the Company Fund (the "prospectus" and "statement of additional information", respectively) under the Securities Act of 1933, as amended (the "Securities Act"), relating to such Class A shares ("eligible investors"). The price which the Distributor shall pay for the Class A shares so purchased from the Company Fund shall be the net asset value, determined as set forth in Section 3(d) hereof, used in determining the public offering price on which such orders were based. (b) The Class A shares are to be resold by the Distributor to eligible investors at the public offering price, as set forth in Section 3(c) hereof, or to securities dealers having agreements with the Distributor upon the terms and conditions set forth in Section 7 hereof. (c) The public offering price(s) of the Class A shares, i.e., the --- price per share at which the Distributor or selected dealers may sell Class A shares to eligible investors, shall be the public offering price as set forth in the prospectus and statement of additional information relating to such Class A shares, but not to exceed the net asset value at which the Distributor is to purchase the Class A shares, plus a sales charge not to exceed 5.254.00% of the public offering price (5.544.17% of the net amount invested), subject to reductions for volume purchases. Class A shares may be sold to certain Directors, officers and employees of the CompanyFund, directors and employees of Xxxxxxx Xxxxx Merrxxx Xxxcx & Co.Xo., Inc. and its subsidiaries, and to certain other persons described in the prospectus and statement of additional information, without a sales charge or at a reduced sales charge, upon terms and conditions set forth in the prospectus and statement of additional information. If the public offering price does not equal an even cent, the public offering price may be adjusted to the nearest cent. All payments to the Company Fund hereunder shall be made in the manner set forth in Section 3(f). (d) The net asset value of Class A shares shall be determined by the Company Fund or any agent of the Company Fund in accordance with the method set forth in the prospectus and statement of additional information of the Company Fund and guidelines established by the Directors. (e) The Company Fund shall have the right to suspend the sale of its Class A shares at times when redemption is suspended pursuant to the conditions set forth in Section 4(b) hereof. The Company Fund shall also have the right to suspend the sale of its Class A shares if trading on the New York Stock Exchange shall have been suspended, if a banking moratorium shall have been declared by Federal or New York authorities, or if there shall have been some other event, which, in the judgment of the CompanyFund, makes it impracticable or inadvisable to sell the Class A shares. (f) The CompanyFund, or any agent of the Company Fund designated in writing by the CompanyFund, shall be promptly advised of all purchase orders for Class A shares received by the Distributor. Any order may be rejected by the CompanyFund; provided, however, that the Company Fund will not arbitrarily or without reasonable cause refuse to accept or confirm orders for the purchase of Class A shares from eligible investors. The Company Fund (or its agent) will confirm orders upon their receipt, will make appropriate book entries and, upon receipt by the Company Fund (or its agent) of payment therefor, will deliver deposit receipts or certificates for such Class A shares pursuant to the instructions of the Distributor. Payment shall be made to the Company Fund in New York Clearing House funds. The Distributor agrees to cause such payment and such instructions to be delivered promptly to the Company Fund (or its agent).

Purchase of Class. A shares from the CompanyFund. ---------------------------------------------------------------------------------- (a) The Company will commence an offering of its Class A shares and thereafter the Distributor shall have the right to buy from the Company Fund the Class A shares needed, but not more than the Class A shares needed (except for clerical errors in transmission) to fill unconditional orders for Class A shares of the Company Fund placed with the Distributor by eligible investors or securities dealers. Investors eligible to purchase Class A shares shall be those persons so identified in the currently effective prospectus and statement of additional information of the Company Fund (the "prospectus" and "statement of additional information", respectively) under the Securities Act of 1933, as amended (the "Securities Act"), relating to such Class A shares ("eligible investors"). The price which the Distributor shall pay for the Class A shares so purchased from the Company Fund shall be the net asset value, determined as set forth in Section 3(d) hereof, used in determining the public offering price on which such orders were based. (b) The Class A shares are to be resold by the Distributor to eligible investors at the public offering price, as set forth in Section 3(c) hereof, or to securities dealers having agreements with the Distributor upon the terms and conditions set forth in Section 7 hereof. (c) The public offering price(s) of the Class A shares, i.e., the --- price per - - share at which the Distributor or selected dealers may sell Class A shares to eligible investors, shall be the public offering price as set forth in the prospectus and statement of additional information relating to such Class A shares, but not to exceed the net asset value at which the Distributor is to purchase the Class A shares, plus a sales charge not to exceed 5.25% of the public offering price (5.54% of the net amount invested), subject to reductions for volume purchases. Class A shares may be sold to certain Directors, officers and employees of the CompanyFund, directors and employees of Xxxxxxx Xxxxx & Co., Inc. and its subsidiaries, and to certain other persons described in the prospectus and statement of additional information, without a sales charge or at a reduced sales charge, upon terms and conditions set forth in the prospectus and statement of additional information. If the public offering price does not equal an even cent, the public offering price may be adjusted to the nearest cent. All payments to the Company Fund hereunder shall be made in the manner set forth in Section 3(f). (d) The net asset value of Class A shares shall be determined deter mined by the Company Fund or any agent of the Company Fund in accordance with the method set forth in the prospectus and statement of additional information of the Company Fund and guidelines established by the Directors. (e) The Company Fund shall have the right to suspend the sale of its Class A shares at times when redemption is suspended pursuant to the conditions set forth in Section 4(b) hereof. The Company Fund shall also have the right to suspend the sale of its Class A shares if trading on the New York Stock Exchange shall have been suspended, if a banking moratorium shall have been declared by Federal or New York authorities, or if there shall have been some other event, which, in the judgment of the CompanyFund, makes it impracticable or inadvisable to sell the Class A shares. (f) The CompanyFund, or any agent of the Company Fund designated in writing by the CompanyFund, shall be promptly advised of all purchase orders for Class A shares received by the Distributor. Any order may be rejected by the CompanyFund; provided, however, that the Company Fund will not arbitrarily or without reasonable cause refuse to accept or confirm orders for the purchase of Class A shares from eligible investors. The Company Fund (or its agent) will confirm orders upon their receipt, will make appropriate book entries and, upon receipt by the Company Fund (or its agent) of payment therefor, will deliver deposit receipts or certificates for such Class A shares pursuant to the instructions of the Distributor. Payment shall be made to the Company Fund in New York Clearing House funds. The Distributor agrees to cause such payment and such instructions to be delivered promptly to the Company Fund (or its agent).

Purchase of Class. A shares from the CompanyProgram. ------------------------------------------------------------------------------------- (a) The Company will commence an offering of its Class A shares and thereafter the Distributor shall have the right to buy from the Company Program the Class A shares needed, but not more than the Class A shares needed (except for clerical errors in transmission) to fill unconditional orders for Class A shares of the Company Fund placed with the Distributor by eligible investors or securities dealers. Investors eligible to purchase Class A shares shall be those persons so identified in the currently effective prospectus and statement of additional information of relating to the Company Fund (the "prospectus" and "statement of additional information", respectively) under the Securities Act of 1933, as amended (the "Securities Act"), relating to such Class A shares ("eligible investors")shares. The price which the Distributor shall pay for the Class A shares so purchased from the Company Program shall be the net asset value, determined as set forth in Section 3(d) hereof, used in determining the public offering price on which such orders were based. (b) The Class A shares are to be resold by the Distributor to eligible investors at the public offering price, as set forth in Section 3(c) hereof, or to securities dealers having agreements with the Distributor upon the terms and conditions set forth in Section 7 hereof. (c) The public offering price(s) of the Class A shares, i.e., the --- price - - per share at which the Distributor or selected dealers may sell Class A shares to eligible investorsthe public, shall be the public offering price as set forth in the prospectus and statement of additional information relating to such Class A shares, but not to exceed the net asset value at which the Distributor is to purchase the Class A shares, plus a sales charge not to exceed 5.25% of the public offering price (5.54% of the net amount invested), subject to reductions for volume purchases. Class A shares may be sold to certain Directors, officers and employees of the CompanyProgram, directors and employees of Xxxxxxx Xxxxx & Co., Inc. and its subsidiaries, and to certain other persons described in the prospectus and statement of additional information, without a sales charge or at a reduced sales charge, upon terms and conditions set forth in the prospectus and statement of additional information. If the public offering price does not equal an even cent, the public offering price may be adjusted to the nearest cent. All payments to the Company Program hereunder shall be made in the manner set forth in Section 3(f). (d) The net asset value of Class A shares shall be determined by the Company Program or any agent of the Company Program in accordance with the method set forth in the prospectus and statement of additional information of the Company and guidelines established by the Directors. (e) The Company Program shall have the right to suspend the sale of its Class A shares at times when redemption is suspended pursuant to the conditions set forth in Section 4(b) hereof. The Company Program shall also have the right to suspend the sale of its Class A shares if trading on the New York Stock Exchange shall have been suspended, if a banking moratorium shall have been declared by Federal or New York authorities, or if there shall have been some other event, which, in the judgment of the CompanyProgram, makes it impracticable or inadvisable to sell the Class A shares. (f) The CompanyProgram, or any agent of the Company Program designated in writing by the CompanyProgram, shall be promptly advised of all purchase orders for Class A shares received by the Distributor. Any order may be rejected by the CompanyProgram; provided, however, that the Company Program will not arbitrarily or without reasonable cause refuse to accept or confirm orders for the purchase of Class A shares from eligible investorsshares. The Company Program (or its agent) will confirm orders upon their receipt, will make appropriate book entries and, upon receipt by the Company Program (or its agent) of payment therefor, will deliver deposit receipts or certificates for such Class A shares pursuant to the instructions of the Distributor. Payment shall be made to the Company Program in New York Clearing House funds. The Distributor agrees to cause such payment and such instructions to be delivered promptly to the Company Program (or its agent).