Common use of Rules of NASD, etc Clause in Contracts

Rules of NASD, etc. (a) PFPC Distributors will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it directly or indirectly sells any Shares. (b) PFPC Distributors will require each dealer with whom PFPC Distributors has a selling agreement to conform to the applicable provisions of the Prospectus, with respect to the public offering price of the Shares, and PFPC Distributors shall not withhold the placing of purchase orders so as to make a profit thereby. (c) The Fund agrees to furnish PFPC Distributors sufficient copies of any and all: agreements, plans, communications with the public or other materials which the Fund intends to use in connection with any sales of Shares, in adequate time for PFPC Distributors to file and clear such materials with the proper authorities before they are put in use. PFPC Distributors and the Fund may agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund agrees not to use any such materials until so filed and cleared for use, if required, by appropriate authorities as well as by PFPC Distributors. (d) PFPC Distributors, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable state or federal laws required in order that the Shares may be sold in such states as may be mutually agreed upon by the Parties. (e) PFPC Distributors shall remain registered with the SEC and a member of the NASD for the term of this Agreement. (f) PFPC Distributors 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, except those contained in the Prospectus offering the Shares and in communications with the public or sales materials approved by PFPC Distributors as information supplemental to such Prospectus. Copies of the Prospectus will be supplied by the Fund to PFPC Distributors in reasonable quantities upon request. (g) PFPC Distributors 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.

Appears in 3 contracts

Samples: Underwriting Agreement (Stratton Funds Inc), Underwriting Agreement (Stratton Monthly Dividend Reit Shares Inc), Underwriting Agreement (Stratton Growth Fund Inc)

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Rules of NASD, etc. (a) PFPC Distributors will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it directly or indirectly sells any Shares. (b) PFPC Distributors will require each dealer with whom PFPC Distributors has a selling agreement to conform to the applicable provisions of the Prospectus, with respect to the public offering price of the Shares, and PFPC Distributors shall not cause the Fund to withhold the placing of purchase orders so as to make a profit thereby. (c) The Fund agrees to furnish PFPC Distributors sufficient copies of any and all: agreements, plans, communications with the public or other materials which the Fund intends to use in connection with any sales of Shares, in adequate time for PFPC Distributors to file and clear such materials with the proper authorities before they are put in use. PFPC Distributors and the Fund may agree that any such material does not need to be filed subsequent prior to distribution. In addition, the Fund agrees not to use any such materials until so filed and cleared for use, if required, by appropriate authorities as well as by PFPC Distributors. (d) PFPC Distributors, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable state or federal laws required in order that the Shares may be sold in such states as may be mutually agreed upon by the Parties. (e) PFPC Distributors shall remain registered with the SEC and a member of the NASD for the term of this Agreement. (f) PFPC Distributors 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, except those contained in the Prospectus offering the Shares and in communications with the public or sales materials approved by PFPC Distributors as information supplemental to such Prospectus. Copies of the Prospectus will be supplied by the Fund to PFPC Distributors in reasonable quantities upon request. (g) PFPC Distributors 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.

Appears in 2 contracts

Samples: Underwriting Agreement (Matthews International Funds), Underwriting Agreement (Trainer Wortham Funds)

Rules of NASD, etc. (a) PFPC Distributors FPSB will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it directly or indirectly sells any Shares. (b) PFPC Distributors FPSB will require each dealer with whom PFPC Distributors FPSB has a selling agreement to conform to the applicable provisions of the Prospectus, with respect to the public offering price of the Shares, and PFPC Distributors FPSB shall not cause the Trust to withhold the placing of purchase orders so as to make a profit thereby. (c) The Fund agrees Trust and Smxxx Xrxxxxx xgree to furnish PFPC Distributors to FPSB sufficient copies of any and all: agreements, plans, communications with the public or other materials which the Fund intends Trust or Smxxx Brxxxxx xntend to use in connection with any sales of Shares, in adequate time for PFPC Distributors FPSB to file and clear such materials with the proper authorities before they are put in use. PFPC Distributors FPSB and the Fund may Trust or Smxxx Xrxxxxx xay agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund agrees Trust and Smxxx Xrxxxxx agree not to use any such materials until so filed and cleared for use, if required, by appropriate authorities as well as by PFPC DistributorsFPSB. (d) PFPC DistributorsFPSB, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable state or federal laws required in order that the Shares may be sold in such states as may be mutually agreed upon by the Parties. (e) PFPC Distributors FPSB shall remain registered with the SEC U.S. Securities and Exchange Commission and a member of the NASD National Association of Securities Dealers for the term of this Agreement. (f) PFPC Distributors 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, except those contained in the Prospectus offering the Shares and in communications with the public or sales materials approved by PFPC Distributors FPSB as information supplemental to such Prospectus. Copies of the Prospectus will be supplied by the Fund to PFPC Distributors Trust or Smxxx Brxxxxx xo FPSB in reasonable quantities upon request. (g) PFPC Distributors FPSB shall only be authorized to make representations in respect of the Fund Trust consistent with the then current Prospectus, Statement of Additional Information, and other written information provided by the Fund Trust or its agents to be used explicitly with respect to the sale of Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Smith Breeden Trust)

Rules of NASD, etc. (a) PFPC Distributors PDI will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it directly or indirectly sells any Shares. (b) PFPC Distributors PDI will require each dealer with whom PFPC Distributors PDI has a selling agreement to conform to the applicable provisions of the Prospectus, with respect to the public offering price of the Shares, and PFPC Distributors PDI shall not cause the Fund to withhold the placing of purchase orders so as to make a profit thereby. (c) The Fund agrees to furnish PFPC Distributors PDI sufficient copies of any and all: agreements, plans, communications with the public or other materials which the Fund intends to use in connection with any sales of Shares, in adequate time for PFPC Distributors PDI to file and clear such materials with the proper authorities before they are put in use. PFPC Distributors PDI and the Fund may agree that any such material does not need to be filed subsequent prior to distribution. In addition, the Fund agrees not to use any such materials until so filed and cleared for use, if required, by appropriate authorities as well as by PFPC DistributorsPDI. (d) PFPC DistributorsPDI, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable state or federal laws required in order that the Shares may be sold in such states as may be mutually agreed upon by the Parties. (e) PFPC Distributors PDI shall remain registered with the SEC and a member of the NASD for the term of this Agreement. (f) PFPC Distributors PDI 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, except those contained in the Prospectus offering the Shares and in communications with the public or sales materials approved by PFPC Distributors PDI as information supplemental to such Prospectus. Copies of the Prospectus will be supplied by the Fund to PFPC Distributors PDI in reasonable quantities upon request. (g) PFPC Distributors PDI 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.

Appears in 1 contract

Samples: Underwriting Agreement (Matthews International Funds)

Rules of NASD, etc. (a) PFPC PDI Distributors will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it directly or indirectly sells any Shares. (b) PFPC PDI Distributors will require each dealer with whom PFPC PDI Distributors has a selling agreement to conform to the applicable provisions of the Prospectus, with respect to the public offering price of the Shares, and PFPC PDI Distributors shall not cause the Fund to withhold the placing of purchase orders so as to make a profit thereby. (c) The Fund agrees to furnish PFPC PDI Distributors sufficient copies of any and all: agreements, plans, communications with the public or other materials which the Fund intends to use in connection with any sales of Shares, in adequate time for PFPC PDI Distributors to file and clear such materials with the proper authorities before they are put in use. PFPC PDI Distributors and the Fund may agree that any such material does not need to be filed subsequent prior to distribution. In addition, the Fund agrees not to use any such materials until so filed and cleared for use, if required, by appropriate authorities as well as by PFPC PDI Distributors. (d) PFPC PDI Distributors, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable state or federal laws required in order that the Shares may be sold in such states as may be mutually agreed upon by the Parties. (e) PFPC PDI Distributors shall remain registered with the SEC and a member of the NASD for the term of this Agreement. (f) PFPC PDI Distributors 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, except those contained in the Prospectus offering the Shares and in communications with the public or sales materials approved by PFPC PDI Distributors as information supplemental to such Prospectus. Copies of the Prospectus will be supplied by the Fund to PFPC PDI Distributors in reasonable easonable quantities upon request. (g) PFPC PDI Distributors 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.

Appears in 1 contract

Samples: Underwriting Agreement (Trainer Wortham Funds)

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Rules of NASD, etc. (a) PFPC Distributors FPSB will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it directly or indirectly sells any Shares. (b) PFPC Distributors FPSB will require each dealer with whom PFPC Distributors FPSB has a selling agreement to conform to the applicable provisions of the Prospectus, with respect to the public offering price of the Shares, and PFPC Distributors FPSB shall not cause the Trust to withhold the placing of purchase orders so as to make a profit thereby. (c) The Fund agrees Trust and the Advisor agree to furnish PFPC Distributors to FPSB sufficient copies of any and all: agreements, plans, communications with the public or other materials which the Fund intends Trust or the Advisor intend to use in connection with any sales of Shares, in adequate time for PFPC Distributors FPSB to file and clear such materials with the proper authorities before they are put in use. PFPC Distributors FPSB and the Fund Trust or the Advisor may agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund agrees Trust and the Advisor agree not to use any such materials until so filed and cleared for use, if required, by appropriate authorities as well as by PFPC DistributorsFPSB. (d) PFPC DistributorsFPSB, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable state or federal laws required in order that the Shares may be sold in such states as may be mutually agreed upon by the Parties. (e) PFPC Distributors FPSB shall remain registered with the SEC U.S. Securities and Exchange Commission and a member of the NASD National Association of Securities Dealers for the term of this Agreement. (f) PFPC Distributors 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, except those contained in the Prospectus offering the Shares and in communications with the public or sales materials approved by PFPC Distributors FPSB as information supplemental to such Prospectus. Copies of the Prospectus will be supplied by the Fund Trust or the Advisor to PFPC Distributors FPSB in reasonable quantities upon request. (g) PFPC Distributors FPSB shall only be authorized to make representations in respect of the Fund Trust consistent with the then current Prospectus, Statement of Additional Information, and other written information provided by the Fund Trust or its agents to be used explicitly with respect to the sale of Shares.

Appears in 1 contract

Samples: Underwriting Agreement (Sports Funds Trust)

Rules of NASD, etc. (a) PFPC Distributors will conform to the Conduct Rules of the NASD and the securities laws of any jurisdiction in which it directly or indirectly sells any Shares. (b) PFPC Distributors will require each dealer with whom PFPC Distributors has a selling agreement to conform to the applicable provisions of the Prospectus, with respect to the public offering price of the Shares, and PFPC Distributors shall not cause the Fund to withhold the placing of purchase orders so as to make a profit thereby. (c) The Fund agrees to furnish PFPC Distributors sufficient copies of any and all: agreements, plans, communications with the public or other materials which the Fund intends to use in connection with any sales of Shares, in adequate time for PFPC Distributors to file and clear such materials with the proper authorities before they are put in use. PFPC Distributors and the Fund may agree that any such material does not need to be filed subsequent to distribution. In addition, the Fund agrees not to use any such materials until so filed and cleared for use, if required, by appropriate authorities as well as by PFPC Distributors. (d) PFPC Distributors, at its own expense, will qualify as a dealer or broker, or otherwise, under all applicable state or federal laws required in order that the Shares may be sold in such states as may be mutually agreed upon by the Parties. (e) PFPC Distributors shall remain registered with the SEC and a member of the NASD for the term of this Agreement. (f) PFPC Distributors 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, except those contained in the Prospectus offering the Shares and in communications with the public or sales materials approved by PFPC Distributors as information supplemental to such Prospectus. Copies of the Prospectus will be supplied by the Fund to PFPC Distributors in reasonable quantities upon request. (g) PFPC Distributors 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.

Appears in 1 contract

Samples: Underwriting Agreement (Metropolitan West Funds)

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