Common use of Rules of NASD, etc Clause in Contracts

Rules of NASD, etc. (a) Underwriter hereby certifies that it is a member of the NASD and agrees to maintain its membership in the NASD. Underwriter agrees that it shall conform to the Rules of the NASD and the securities laws of any jurisdiction in which it sells, directly or indirectly, any Shares. Underwriter further agrees to comply with all applicable state and federal laws and the rules and regulations of authorized regulatory agencies. (b) Underwriter will require each dealer with whom Underwriter has a dealer agreement to conform to the applicable provisions hereof and the Registration Statement with respect to the public offering price of the Shares, and neither Underwriter nor any such dealers shall withhold the placing of purchase orders so as to make a profit thereby. (c) Underwriter agrees to furnish to the Trust copies of any agreements, plans or other materials it intends to use in connection with any sales of Shares in adequate time for the Trust to file and clear them with the proper authorities before they are put in use, and not to use them until so filed and cleared. Underwriter shall furnish to the Trust any such additional information related to the distribution of the Shares as the Trust may reasonably request. (d) Underwriter, at its own expense, will qualify as dealer or broker, or otherwise, under all applicable State or federal laws required in order that Shares may be sold in such States as may be mutually agreed upon by the parties. (e) Underwriter shall not make, or permit any representative, broker or dealer to make, in connection with any sale or solicitation of a sale of the Shares, any representations concerning the Shares except those contained in the then current prospectus and statement of additional information covering the Shares and in printed information approved in writing by the Trust as information supplemental to such prospectus and statement of additional information. Copies of the then effective prospectus and statement of additional information and any such printed supplemental information will be supplied by the Trust to Underwriter in reasonable quantities upon request.

Rules of NASD, etc. (a) Underwriter hereby certifies that it is a member of the NASD and agrees to maintain its membership in the NASD. Underwriter agrees that it shall FDDI will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it sells, directly or indirectly, indirectly sells any Shares. Underwriter further agrees to comply with all applicable state and federal laws and the rules and regulations of authorized regulatory agencies. (b) Underwriter FDDI will require each dealer with whom Underwriter FDDI has a dealer selling agreement to conform to the applicable provisions hereof and of the Registration Statement Prospectus, with respect to the public offering price of the Shares, and neither Underwriter nor any such dealers FDDI shall not cause the Fund to withhold the placing of purchase orders so as to make a profit thereby. (c) Underwriter agrees The Fund and the Company agree to furnish to the Trust FDDI sufficient copies of any and all: agreements, plans plans, communications with the public or other materials it intends which the Fund or the Company intend to use in connection with any sales of Shares Shares, in adequate time for the Trust FDDI to file and clear them such materials with the proper authorities before they are put in use. FDDI and the Fund or the Company may agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund and the Company agree not to use them any such materials until so filed and cleared. Underwriter shall furnish to the Trust any such additional information related to the distribution of the Shares cleared for use, if required, by appropriate authorities as the Trust may reasonably requestwell as by FDDI. (d) UnderwriterFDDI, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable State state or federal laws required in order that the Shares may be sold in such States states as may be mutually agreed upon by the partiesParties. (e) Underwriter FDDI shall not make, or permit any representative, broker or dealer to makeremain registered with the SEC and a member of the NASD for the term of this Agreement. (f) FDDI shall not, in connection with any sale or solicitation of a sale of the Shares, make or authorize any representative, service organization, broker or dealer to make any representations concerning the Shares Shares, except those contained in the then current prospectus and statement of additional information covering Prospectus offering the Shares and in printed information communications with the public or sales materials approved in writing by the Trust FDDI as information supplemental to such prospectus and statement of additional informationProspectus. Copies of the then effective prospectus and statement of additional information and any such printed supplemental information Prospectus will be supplied by the Trust Fund or the Company to Underwriter FDDI in reasonable quantities upon request. (g) FDDI shall only be authorized to make representations in respect of the Fund consistent with the then current Prospectus, Statement of Additional Information, and other written information provided by the Fund or its agents to be used explicitly with respect to the sale of Shares.

Rules of NASD, etc. (a) Underwriter hereby certifies that it is a member of the NASD and agrees to maintain its membership in the NASD. Underwriter agrees that it shall FDDI will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it sells, directly or indirectly, indirectly sells any Shares. Underwriter further agrees to comply with all applicable state and federal laws and the rules and regulations of authorized regulatory agencies. (b) Underwriter FDDI will require each dealer with whom Underwriter FDDI has a dealer selling agreement to conform to the applicable provisions hereof and of the Registration Statement Prospectus, with respect to the public offering price of the Shares, and neither Underwriter nor any such dealers FDDI shall not withhold the placing of purchase orders so as to make a profit thereby. (c) Underwriter agrees The Fund and the Company agree to furnish to the Trust FDDI sufficient copies of any and all: agreements, plans plans, communications with the public or other materials it intends which the Fund or the Company intend to use in connection with any sales of Shares Shares, in adequate time for the Trust FDDI to file and clear them such materials with the proper authorities before they are put in use. FDDI and the Fund or the Company may agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund and the Company agree not to use them any such materials until so filed and cleared. Underwriter shall furnish to the Trust any such additional information related to the distribution of the Shares cleared for use, if required, by appropriate authorities as the Trust may reasonably requestwell as by FDDI. (d) UnderwriterFDDI, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable State state or federal laws required in order that the Shares may be sold in such States states as may be mutually agreed upon by the partiesParties. (e) Underwriter FDDI shall not make, or permit any representative, broker or dealer to makeremain registered with the SEC and a member of the NASD for the term of this Agreement. (f) FDDI shall not, in connection with any sale or solicitation of a sale of the Shares, make or authorize any representative, service organization, broker or dealer to make any representations concerning the Shares Shares, except those contained in the then current prospectus and statement of additional information covering Prospectus offering the Shares and in printed information communications with the public or sales materials approved in writing by the Trust FDDI as information supplemental to such prospectus and statement of additional informationProspectus. Copies of the then effective prospectus and statement of additional information and any such printed supplemental information Prospectus will be supplied by the Trust Fund or the Company to Underwriter FDDI in reasonable quantities upon request. (g) FDDI shall only be authorized to make representations in respect of the Fund consistent with the then current Prospectus, Statement of Additional Information, and other written information provided by the Fund or its agents to be used explicitly with respect to the sale of Shares.

Rules of NASD, etc. (a) Underwriter hereby certifies that it is a member of the NASD and agrees to maintain its membership in the NASD. Underwriter agrees that it shall will conform to the Rules of the NASD and the securities laws of any jurisdiction in which it sells, directly or indirectly, any Shares. Underwriter further agrees to comply with all applicable state and federal laws and the rules and regulations of authorized regulatory agencies. (b) Underwriter will require each dealer with whom Underwriter has a dealer agreement to conform to the applicable provisions hereof and the Registration Statement with respect to the public offering price of the Shares, and neither Underwriter nor any such dealers shall withhold the placing of purchase orders so as to make a profit thereby. (c) Underwriter agrees to furnish to the Trust sufficient copies of any agreements, plans or other materials it intends to use in connection with any sales of Shares in adequate time for the Trust to file and clear them with the proper authorities before they are put in use, and not to use them until so filed and cleared. Underwriter shall furnish to the Trust any such additional information related to the distribution of the Shares as the Trust may reasonably request. (d) Underwriter, at its own expense, will qualify as dealer or broker, or otherwise, under all applicable State or federal laws required in order that Shares may be sold in such States as may be mutually agreed upon by the parties. (e) Underwriter shall not make, or permit any representative, broker or dealer to make, in connection with any sale or solicitation of a sale of the Shares, any representations concerning the Shares except those contained in the then current prospectus and statement of additional information covering the Shares and in printed information approved in writing by the Trust as information supplemental to such prospectus and statement of additional information. Copies of the then effective prospectus and statement of additional information and any such printed supplemental information will be supplied by the Trust to Underwriter in reasonable quantities upon request. (f) Underwriter shall file Trust advertisements, sales literature and other marketing and sales related materials with the appropriate regulatory agencies and shall obtain such approvals for their use as may be required by the Securities and Exchange Commission, the NASD and/or state securities administrators. Underwriter shall not disseminate to the public any such materials without prior approval by the Trust.

Rules of NASD, etc. (a) Underwriter hereby certifies that it is a member of the NASD and agrees to maintain its membership in the NASD. Underwriter agrees that it shall FPSB will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it sells, directly or indirectly, indirectly sells any Shares. Underwriter further agrees to comply with all applicable state and federal laws and the rules and regulations of authorized regulatory agencies. (b) Underwriter FPSB will require each dealer with whom Underwriter FPSB has a dealer selling agreement to conform to the applicable provisions hereof and of the Registration Statement Prospectus, with respect to the public offering price of the Shares, and neither Underwriter nor any such dealers FPSB shall not cause the Trust to withhold the placing of purchase orders so as to make a profit thereby. (c) Underwriter agrees The Trust and Xxxxx Xxxxxxx agree to furnish to the Trust FPSB sufficient copies of any and all: agreements, plans plans, communications with the public or other materials it intends which the Trust or Xxxxx Xxxxxxx intend to use in connection with any sales of Shares Shares, in adequate time for the Trust FPSB to file and clear them such materials with the proper authorities before they are put in use. FPSB and the Trust or Xxxxx Xxxxxxx may agree that any such material does not need to be filed subsequent to distribution. In addition, the Trust and Xxxxx Xxxxxxx agree not to use them any such materials until so filed and cleared. Underwriter shall furnish to the Trust any such additional information related to the distribution of the Shares cleared for use, if required, by appropriate authorities as the Trust may reasonably requestwell as by FPSB. (d) UnderwriterFPSB, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable State state or federal laws required in order that the Shares may be sold in such States states as may be mutually agreed upon by the partiesParties. (e) Underwriter FPSB shall not make, or permit any representative, broker or dealer to makeremain registered with the U.S. Securities and Exchange Commission and a member of the National Association of Securities Dealers for the term of this Agreement. (f) FPSB shall not, in connection with any sale or solicitation of a sale of the Shares, make or authorize any representative, service organization, broker or dealer to make any representations concerning the Shares Shares, except those contained in the then current prospectus and statement of additional information covering Prospectus offering the Shares and in printed information communications with the public or sales materials approved in writing by the Trust FPSB as information supplemental to such prospectus and statement of additional informationProspectus. Copies of the then effective prospectus and statement of additional information and any such printed supplemental information Prospectus will be supplied by the Trust or Xxxxx Xxxxxxx to Underwriter FPSB in reasonable quantities upon request. (g) FPSB shall only be authorized to make representations in respect of the Trust consistent with the then current Prospectus, Statement of Additional Information, and other written information provided by the Trust or its agents to be used explicitly with respect to the sale of Shares.

Rules of NASD, etc. (a) Underwriter hereby certifies that it is a member of the NASD and agrees to maintain its membership in the NASD. Underwriter agrees that it shall The Distributor will conform to the Rules of the NASD and the securities laws of any jurisdiction in which it sells, directly or indirectly, any Shares. Underwriter further agrees to comply with all applicable state and federal laws and the rules and regulations of authorized regulatory agencies. (b) Underwriter The Distributor will require each dealer with whom Underwriter the Distributor has a dealer agreement to conform to the applicable provisions hereof and the Registration Statement with respect to the public offering price of the Shares, and neither Underwriter the Distributor nor any such dealers shall withhold the placing of purchase orders so as to make a profit thereby. (c) Underwriter The Fund agrees to furnish to the Trust Distributor sufficient copies of any agreements, plans or other materials it intends to use in connection with any sales of Shares in reasonably adequate time for the Trust Distributor, on behalf of the Fund, to file and clear them with the proper authorities before they are put in use, and not to use them until so filed and cleared. Underwriter shall furnish to the Trust any such additional information related to the distribution of the Shares as the Trust may reasonably request. (d) UnderwriterThe Distributor, at its own expense, will qualify as dealer or broker, or otherwise, under all applicable State state or federal laws required in order that Shares may be sold in such States as may be mutually agreed upon by the parties. (e) Underwriter . The Distributor shall not make, or permit any representative, broker or dealer to make, in connection with any sale or solicitation of a sale of the Shares, any representations concerning the Shares except those contained in the then current prospectus and statement of additional information covering the Shares and in printed information approved in writing by the Trust Fund as information supplemental to such prospectus and statement of additional information. Copies of the then effective prospectus and statement of additional information and any such printed supplemental information will be supplied by the Trust Fund to Underwriter the Distributor in reasonable quantities upon request. (e) The Distributor has adopted an anti-money laundering compliance program (“AML Program”) that satisfies the requirements of all applicable laws and regulations; (ii) undertakes to carry out its AML Program to the best of its ability; (iii) will promptly notify the Trust and the Adviser if an inspection by the appropriate regulatory authorities of its AML Program identifies any material deficiency; and (iv) will promptly remedy any material deficiency of which it learns.

Rules of NASD, etc. (a) Underwriter hereby certifies that it is a member of the NASD and agrees to maintain its membership in the NASD. Underwriter agrees that it shall FDDI will conform to the tot he Conduct Rules of the NASD and the securities laws of any jurisdiction in which it sells, directly or indirectly, indirectly sells any Shares. Underwriter further agrees to comply with all applicable state and federal laws and the rules and regulations of authorized regulatory agencies. (b) Underwriter FDDI will require each dealer with whom Underwriter FDDI has a dealer selling agreement to conform to the applicable provisions hereof and of the Registration Statement Prospectus, with respect to the public offering price of the Shares, and neither Underwriter nor any such dealers FDDI shall not withhold the placing of purchase orders so as to make a profit thereby. (c) Underwriter agrees The Fund and the Company agree to furnish to the Trust FDDI sufficient copies of any and all: agreements, plans plans, communications with the public or other materials it intends which the Fund or the Company intend to use in connection with any sales of Shares Shares, in adequate time for the Trust FDDI to file and clear them such materials with the proper authorities before they are put in use. FDDI and the Fund or the Company may agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund and the Company agree not to use them any such materials until so filed and cleared. Underwriter shall furnish to the Trust any such additional information related to the distribution of the Shares cleared for use, if required, by appropriate authorities as the Trust may reasonably requestwell as by FDDI. (d) UnderwriterFDDI, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable State state or federal laws required in order that the Shares may be sold in such States states as may be mutually agreed upon by the partiesParties. (e) Underwriter FDDI shall not make, or permit any representative, broker or dealer to makeremain registered with the SEC and a member of the NASD for the term of this Agreement. (f) FDDI shall not, in connection with any sale or solicitation of a sale of the Shares, make or authorize any representative, service organization, broker or dealer to make any representations concerning the Shares Shares, except those contained in the then current prospectus and statement of additional information covering Prospectus offering the Shares and in printed information communications with the public or sales materials approved in writing by the Trust FDDI as information supplemental to such prospectus and statement of additional informationProspectus. Copies of the then effective prospectus and statement of additional information and any such printed supplemental information Prospectus will be supplied by the Trust Fund or the Company to Underwriter FDDI in reasonable quantities upon request. (g) FDDI shall only be authorized to make representations in respect of the Fund consistent with the then current Prospectus, Statement of Additional Information, and other written information provided by the Fund or its agents to be used explicitly with respect to the sale of Shares.

Rules of NASD, etc. (a) Underwriter hereby certifies that it is a member of the NASD and agrees to maintain its membership in the NASD. Underwriter agrees that it shall FPBS will conform to the Rules of Fair Practice of the NASD and the securities laws of any jurisdiction in which it sells, directly or indirectly, any Shares. Underwriter further agrees to comply with all applicable state and federal laws and the rules and regulations of authorized regulatory agencies. (b) Underwriter FPBS will require each dealer with whom Underwriter FPBS has a dealer selling agreement to conform to the applicable provisions hereof and of the Registration Statement Prospectus, with respect to the public offering price of the Shares, and neither Underwriter nor any such dealers FPBS shall not cause the Trust to withhold the placing of purchase orders so as to make a profit thereby. (c) Underwriter The Trust agrees to furnish to the Trust FPBS sufficient copies of any agreements, plans or other materials it intends to use in connection with any sales of Shares in adequate time for the Trust FPBS to file and clear them with the proper authorities before they are put in use, and not to use them until so filed and cleared. Underwriter shall furnish to the Trust any such additional information related to the distribution of the Shares as the Trust may reasonably request. (d) UnderwriterFPBS, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable State state or federal laws required in order that the Shares may be sold in such States states as may be mutually agreed upon by the parties. (e) Underwriter FPBS shall not make, or permit authorize any representative, Service Organization, broker or dealer to make, in connection with any sale or solicitation of a sale of the Shares, any representations concerning the Shares except those contained in the then current prospectus and statement of additional information Prospectus covering the Shares and in printed information sales materials approved in writing by FPBS and the Trust as information supplemental to such prospectus and statement of additional informationProspectus. Copies of the then effective prospectus and statement of additional information and any such printed supplemental information Prospectus will be supplied by the Trust to Underwriter FPBS in reasonable quantities upon request. (f) FPBS shall not act as a conduit by paying any asset based sales charge to any member in excess of NASD Rules (currently 0.75%).

Rules of NASD, etc. (a) Underwriter hereby certifies that it is a member of the NASD and agrees to maintain its membership in the NASD. Underwriter agrees that it shall FDDI will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it sells, directly or indirectly, indirectly sells any Shares. Underwriter further agrees to comply with all applicable state and federal laws and the rules and regulations of authorized regulatory agencies. (b) Underwriter FDDI will require each dealer with whom Underwriter FDDI has a dealer selling agreement to conform to the applicable provisions hereof and of the Registration Statement Prospectus, with respect to the public offering price of the Shares, and neither Underwriter nor any such dealers FDDI shall not cause the Fund to withhold the placing of purchase orders so as to make a profit thereby. (c) Underwriter agrees The Fund and the Company agree to furnish to the Trust FDDI sufficient copies of any and all: agreements, plans plans, communications with the public or other materials it intends which the Fund or the Company intend to use in connection with any sales of Shares Shares, in adequate time for the Trust FDDI to file and clear them such materials with the proper authorities before they are put in use. FDDI and the Fund or the Company may agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund and the Company agree not to use them any such materials until so filed and cleared. Underwriter shall furnish to the Trust any such additional information related to the distribution of the Shares cleared for use, if required, by appropriate authorities as the Trust may reasonably requestwell as by FDDI. (d) UnderwriterFDDI, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable State state or federal laws required in order that the Shares may be sold in such States states as may be mutually agreed upon by the partiesParties. (e) Underwriter FDDI shall not make, or permit any representative, broker or dealer to makeremain registered with the SEC and a member of the NASD for the term of this Agreement. (f) FDDI shall not, in connection with any sale or solicitation of a sale of the Shares, make or authorize any representative, service organization, broker or dealer to make any representations concerning the Shares Shares, except those contained in the then current prospectus and statement of additional information covering Prospectus offering the Shares and in printed information communications with the public or sales materials approved in writing by the Trust FDDI as information supplemental to such prospectus and statement of additional informationProspectus. Copies of the then effective prospectus and statement of additional information and any such printed supplemental information Prospectus will be supplied by the Trust Fund or the Company to Underwriter FDDI in reasonable quantities upon request. (g) FDDI shall only be authorized to make representations in respect of the Fund consistent with the then current Prospectus, Statement of Additional Information, and other written information provided by the Fund or its agents to be used explicitly with respect to the sale of Shares. 3