Common use of REPRESENTATIONS OF INSTITUTION Clause in Contracts

REPRESENTATIONS OF INSTITUTION. Institution represents that: (a) the compensation payable to it under this Agreement in connection with the investment in any Fund of the assets of its customers (i) will be disclosed by the Institution to its customers, (ii) will be authorized by its customers, and (iii) will not result in an excessive fee to Institution; (b) if it is a member of the National Association of Securities Dealers, Inc. ("NASD"), it shall abide by the Rules of Fair Practice of the NASD; (c) it will, in connection with sales and offers to sell shares, furnish to or otherwise insure that each person to whom any such sale or offer is made receives a copy of the appropriate Fund's or Funds' then current prospectus, as applicable; (d) it will purchase shares only from Forum as agent of the Trust and that it will purchase shares only for the purpose of covering purchase orders already received or for its own bona fide investment purposes; (e) the performance of all its obligations hereunder will comply with all applicable laws and regulations, including any applicable Federal securities laws and any requirements to deliver confirmations to its customers, the provisions of its charter documents and bylaws and all material contractual obligations binding upon the Institution; and (f) it will promptly inform the Trust of any change in applicable laws or regulations (or interpretations thereof) or in its charter or bylaws or material contracts which would prevent or impair full performance of any of its obligations hereunder.

Appears in 4 contracts

Samples: Shareholder Service Plan (Forum Funds Inc), Shareholder Service Agreement (Cutler Trust), Shareholder Service Agreement (Cutler Trust)

AutoNDA by SimpleDocs

REPRESENTATIONS OF INSTITUTION. Institution represents that: (a) the compensation payable to it under this Agreement in connection with the investment in any the Fund of the assets of its customers (i) will be disclosed by the Institution to its customers, (ii) will be authorized by its customers, and (iii) will not result in an excessive fee to Institution; (b) if it is a member of the National Association of Securities Dealers, Inc. ("NASD"), it shall abide by the Rules of Fair Practice Conduct of the NASD; (c) it will, in connection with sales and offers to sell shares, furnish to or otherwise insure that each person to whom any such sale or offer is made receives a copy of the appropriate Fund's or Funds' then current prospectus, as applicable;* (d) it will purchase shares only from Forum as agent of the Trust Fund and that it will purchase shares only for the purpose of covering purchase orders already received or for its own bona fide investment purposes;* (e) the performance of all its obligations hereunder will comply with all applicable laws and regulations, including any applicable Federal securities laws and any requirements to deliver confirmations to its customers, the provisions of its charter documents and bylaws and all material contractual obligations binding upon the Institution; and (f) it will promptly inform the Trust Fund of any change in applicable laws or regulations (or interpretations thereof) or in its charter or bylaws or material contracts which would prevent or impair full performance of any of its obligations hereunder.

Appears in 1 contract

Samples: Shareholder Service Agreement (Cohen & Steers Equity Income Fund Inc)

REPRESENTATIONS OF INSTITUTION. Institution represents that: (a) the compensation payable to it under this Agreement in connection with the investment in any Fund of the assets of its customers (iI) will be disclosed by the Institution to its customers, (ii) will be authorized by its customers, and (iii) will not result in an excessive fee to Institution; (b) if it is a member of the National Association of Securities Dealers, Dealers ,Inc. ("NASD"), it shall abide by the Rules of Fair Practice of the NASD; (c) it will, in connection with sales and offers to sell shares, furnish to or otherwise insure that each person to whom any such sale or offer is made receives a copy of the appropriate Fund's or Funds' then current prospectus, as applicable; (d) it will purchase shares only from Forum as agent of the Trust and that it will purchase shares only for the purpose of covering purchase orders already received or for its own bona fide investment purposes; (e) the performance of all its obligations hereunder will comply with all applicable laws and regulations, including any applicable Federal securities laws and any requirements to deliver confirmations to its customers, the provisions of its charter documents and bylaws and all material contractual obligations binding upon the Institution; and (fe) it will promptly inform the Trust of any change in applicable laws or regulations (or interpretations thereof) or in its charter or bylaws or material contracts which would prevent or impair full performance of any of its obligations hereunder.

Appears in 1 contract

Samples: Shareholder Service Agreement (Memorial Funds)

REPRESENTATIONS OF INSTITUTION. Institution represents that: (a) the compensation payable to it under this Agreement in connection with the investment in any the Fund of the assets of its customers (i) will be disclosed by the Institution to its customers, (ii) will be authorized by its customers, and (iii) will not result in an excessive fee to Institution; (b) if it is a member of the National Association of Securities Dealers, Inc. ("NASD"), it shall abide by the Rules of Fair Practice Conduct of the NASD; (c) it will, in connection with sales and offers to sell shares, furnish to or otherwise insure that each person to whom any such sale or offer is made receives a copy of the appropriate Fund's or Funds' then current prospectus, as applicable; (d) it will purchase shares only from Forum as agent of the Trust and that it will purchase shares only for the purpose of covering purchase orders already received or for its own bona fide investment purposes; (e) the performance of all its obligations hereunder will comply with all applicable laws and regulations, including any applicable Federal securities laws and any requirements to deliver confirmations to its customers, the provisions of its charter documents and bylaws and all material contractual obligations binding upon the Institution; and (f) it will promptly inform the Trust Fund of any change in applicable laws or regulations (or interpretations thereof) or in its charter or bylaws or material contracts which would prevent or impair full performance of any of its obligations hereunder.

Appears in 1 contract

Samples: Shareholder Service Agreement (Cohen & Steers Realty Shares Inc)

AutoNDA by SimpleDocs

REPRESENTATIONS OF INSTITUTION. Institution represents that: (a) the compensation payable to it under this Agreement in connection with the investment in any Fund the Class A shares of each Series of the Trust of the assets of its customers (i) will be disclosed by the Institution to its customers, (ii) will be authorized by its customers, and (iii) will not result in an excessive fee to Institution; (b) if it is a member of the National Association of Securities Dealers, Inc. ("NASD"), it shall abide by the Rules of Fair Practice Conduct of the NASD; (c) it will, in connection with sales and offers to sell shares, furnish to or otherwise insure that each person to whom any such sale or offer is made receives a copy of the appropriate FundTrust's or Funds' then current prospectus, as applicable;* (d) it will purchase shares only from Forum as agent of the Trust and that it will purchase shares only for the purpose of covering purchase orders already received or for its own bona fide investment purposes;* (e) the performance of all its obligations hereunder will comply with all applicable laws and regulations, including any applicable Federal securities laws and any requirements to deliver confirmations to its customers, the provisions of its charter documents and bylaws and all material contractual obligations binding upon the Institution; and (f) it will promptly inform the Trust of any change in applicable laws or regulations (or interpretations thereof) or in its charter or bylaws or material contracts which would prevent or impair full performance of any of its obligations hereunder.

Appears in 1 contract

Samples: Shareholder Service Agreement (Westport Funds)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!