Common use of Repurchased Shares Clause in Contracts

Repurchased Shares. Shares (other than Reinvested Shares and Free Appreciation Shares) that are repurchased will be allocated to the Distributor and each Other Distributor to the extent such Share was previously allocated to the Distributor or such Other Distributor in accordance with the rules set forth in 2(a) or (c) above. Reinvested Shares and Free Appreciation Shares that are repurchased will be allocated to the Distributor and each Other Distributor daily in an amount equal to the number of Free Appreciation Shares and Reinvested Shares of the Company being repurchased on such date, which amount is obtained by multiplying the total number of Free Appreciation Shares and Reinvested Shares being repurchased by the Company on such date by a fraction, the numerator of which is the total number of all Free Appreciation Shares and Reinvested Shares of the Company outstanding as of the opening of business on such date allocated to the Distributor or to such Other Distributor as of such date of determination and the denominator is the total number of Free Appreciation Shares and Reinvested Shares of the Company outstanding as of the opening of business on such date. The Fund shall use its best efforts to assure that the transfer agents and sub-transfer agents for the Company maintain the data necessary to implement the foregoing rules. If, notwithstanding the foregoing, the transfer agents or sub-transfer agents for the Company are unable to maintain the data necessary to implement the foregoing rules as written, and if the Distributor shall cease to serve as exclusive distributor of the Shares of the Company, the Distributor and the Company agree to negotiate in good faith with each other, with the transfer agents and sub-transfer agents for the Company and with any third party that has obtained an interest in the Distributor's 12b-1 Share in respect of the Company with a view to arriving at mutually satisfactory modifications to the foregoing rules designed to accomplish substantially identical results on the basis of data which can be made available.