Common use of Rules of NASD, etc Clause in Contracts

Rules of NASD, etc. (a) Underwriter will conform in all material respects to the Rules of Fair Practice of the NASD and the securities laws of any jurisdiction in which it sells any Shares. (b) Underwriter will require each dealer with whom Underwriter has a dealer agreement to conform to the applicable provisions of the Prospectus, with respect to the public offering price of the Shares, and Underwriter shall not withhold the placing of purchase orders so as to make a profit thereby. (c) Underwriter agrees to obtain the prior written approval of the Fund (which approval shall not be unreasonably withheld or delayed) with regard to, and file and clear with the proper authorities copies of, any agreements, plans or other materials it intends to use in connection with any sales of Shares. Copies of such materials and evidence of filing with the proper authorities shall be furnished to the Fund. To the extent the Fund has created any such sales materials, the Fund shall not use such materials until Underwriter has approved of such materials and filed them with the proper authorities. (d) Underwriter shall not make, or authorize any registered representative, broker or dealer to make, in connection with any sales or solicitation of a sale of the Shares, any representations concerning the Shares except those contained in the Prospectus covering the Shares and in sales materials approved by the Underwriter and the Fund as information supplemental to such Prospectus. Copies of the Prospectus will be supplied by the Fund to Underwriter in reasonable quantities upon request.

Appears in 3 contracts

Samples: Underwriting Agreement (Flex Partners/), Underwriting Agreement (Searay Financial Funds), Underwriting Agreement (Flex Partners/)

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Rules of NASD, etc. (a) Underwriter will conform in all material respects to the Rules of Fair Practice of the NASD and the securities laws of any jurisdiction in which it sells sells, directly or indirectly, any Shares. (b) Underwriter will require each dealer with whom Underwriter has a dealer agreement to conform to the applicable provisions of hereof and the Prospectus, Registration Statement with respect to the public offering price of the Shares, and neither Underwriter nor any such dealers shall not withhold the placing of purchase orders so as to make a profit thereby. (c) Underwriter agrees to obtain furnish to the prior written approval Company sufficient copies of the Fund (which approval shall not be unreasonably withheld or delayed) with regard to, and file and clear with the proper authorities copies of, any agreements, plans or other materials it intends to use in connection with any sales of Shares. Copies of such materials Shares in adequate time for the Company to file and evidence of filing clear them with the proper authorities shall be furnished before they are put in use, and not to the Fund. To the extent the Fund has created any such sales materials, the Fund shall not use such materials them until Underwriter has approved of such materials so filed and filed them with the proper authoritiescleared. (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 authorize permit any registered representative, broker or dealer to make, in connection with any sales sale or solicitation of a sale of the Shares, any representations concerning the Shares except those contained in the Prospectus then current prospectus and statement of additional information covering the Shares and in sales materials printed information approved by the Underwriter and the Fund Company as information supplemental to such Prospectusprospectus and statement of additional information. Copies of the Prospectus then effective prospectus and statement of additional information and any such printed supplemental information will be supplied by the Fund Company to Underwriter in reasonable quantities upon request. (f) Underwriter shall file Company 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 Company.

Appears in 2 contracts

Samples: Underwriting Agreement (Bonfiglio & Reed Investment Trust), Underwriting Agreement (Firsthand Funds)

Rules of NASD, etc. (a) Underwriter will conform in all material respects to the Conduct Rules of Fair Practice of the NASD and the securities laws of any jurisdiction in which it sells any Shares. (b) Underwriter will require each dealer with whom Underwriter has a dealer agreement to conform to the applicable provisions of the Prospectus, with respect to the public offering price of the Shares, and Underwriter shall not withhold the placing of purchase orders so as to make a profit thereby. (c) Underwriter agrees to obtain the prior written approval of the Fund Funds (which approval shall not be unreasonably withheld or delayed) with regard to, and file and clear with the proper authorities copies of, any agreements, plans or other materials it intends to use in connection with any sales of Shares. Copies of such materials and evidence of filing with the proper authorities shall be furnished to the FundFunds. To the extent the Fund has Funds have created any such sales materials, the Fund Funds shall not use such materials until Underwriter has approved of such materials and filed them with the proper authorities. (d) Underwriter shall not make, or authorize any registered representative, broker or dealer to make, in connection with any sales or solicitation of a sale of the Shares, any representations concerning the Shares except those contained in the Prospectus covering the Shares and in sales materials approved by the Underwriter and the Fund Funds as information supplemental to such Prospectus. Copies of the Prospectus will be supplied by the Fund Funds to Underwriter in reasonable quantities upon request.

Appears in 1 contract

Samples: Underwriting Agreement (Jefferson Fund Group Trust)

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Rules of NASD, etc. (a) Underwriter will conform in all material respects to the Rules of Fair Practice of the NASD and the securities laws of any jurisdiction in which it sells any Shares. (b) Underwriter will require each dealer with whom Underwriter has a dealer agreement to conform to the applicable provisions of the Prospectus, with respect to the public offering price of the Shares, and Underwriter shall not withhold the placing of purchase orders so as to make a profit thereby. (c) Underwriter agrees to obtain the prior written approval of the Fund Funds (which approval shall not be unreasonably withheld or delayed) with regard to, and file and clear with the proper authorities copies of, any agreements, plans or other materials it intends to use in connection with any sales of Shares. Copies of such materials and evidence of filing with the proper authorities shall be furnished to the FundFunds. To the extent the Fund has Funds have created any such sales materials, the Fund Funds shall not use such materials until Underwriter has approved of such materials and filed them with the proper authorities. (d) Underwriter shall not make, or authorize any registered representative, broker or dealer to make, in connection with any sales or solicitation of a sale of the Shares, any representations concerning the Shares except those contained in the Prospectus covering the Shares and in sales materials approved by the Underwriter and the Fund Funds as information supplemental to such Prospectus. Copies of the Prospectus will be supplied by the Fund Funds to Underwriter in reasonable quantities upon request.

Appears in 1 contract

Samples: Underwriting Agreement (Flex Partners/)

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