Sales of Capital Stock. The Company agrees to sell and deliver to the Distributor, upon the terms set forth herein, such fully-paid and non-assessable shares of capital stock of the Company ("Shares") then effectively registered for continuous offering under the Securities Act of 1933 (the "Act") as Distributor shall order from the Company, but only to the extent that the Distributor shall have received purchase orders therefor. All orders from the Distributor shall be subject to confirmation by the Company, and the Company authorizes the Distributor to reject any purchase order. The Distributor as principal may sell and distribute any Shares so purchased, through dealers or otherwise, in such manner not inconsistent with law and all applicable rules and regulations, including those of any applicable self-regulatory organizations, and the provisions of this Agreement, as the Distributor may from time to time determine. The Distributor agrees to use its best efforts to effect sales of Shares, but does not undertake to sell any specific number of Shares thereof. The Distributor may in its discretion sell the Shares to such registered and qualified retail dealers as it may select. In making agreements with its dealers or others for sale of the Shares, the Distributor shall act only as principal and in no sense as agent for the Company.
Appears in 2 contracts
Samples: Distribution Agreement (Davis New York Venture Fund Inc), Distributor's Agreement (Millenium Tax Free Fund Inc)
Sales of Capital Stock. The Company agrees to sell and deliver to the Distributor, upon the terms set forth herein, such fully-paid and non-assessable shares of capital stock of the Company ("Shares") then effectively registered for continuous offering under the Securities Act of 1933 (the "1933 Act") as Distributor shall order from the Company, but only to the extent that the Distributor shall have received purchase orders therefor. All orders from the Distributor shall be subject to confirmation by the Company, and the Company authorizes the Distributor to reject any purchase order. The Distributor as principal may sell and distribute any Shares so purchased, through dealers or otherwise, in such manner not inconsistent with law and all applicable rules and regulations, including those of any applicable self-regulatory organizations, and the provisions of this Agreement, as the Distributor may from time to time determine. The Distributor agrees to use its best efforts to effect sales of Shares, but does not undertake to sell any specific number of Shares thereof. The Distributor may in its discretion sell the Shares to or through such registered and qualified retail dealers as it may select. In making agreements with its dealers or others for sale of the Shares, the Distributor shall act only as principal and in no sense as agent for the Company.
Appears in 2 contracts
Samples: Distributing Agreement (Davis Variable Account Fund Inc), Distributing Agreement (Davis International Series Inc)
Sales of Capital Stock. The Company agrees to sell and deliver to the Distributor, upon the terms set forth herein, such fully-paid and non-assessable shares of capital stock of the Company ("Shares") then effectively registered for continuous offering under the Securities Act of 1933 (the "1933 Act") as the Distributor shall order from the Company, but only to the extent that the Distributor shall have received purchase orders therefor. All orders from the Distributor shall be subject to confirmation by the Company, and the Company authorizes the Distributor to reject any purchase order. The Distributor as principal may sell and distribute any Shares so purchased, through dealers or otherwise, in such manner not inconsistent with law and all applicable rules and regulations, including those of any applicable self-regulatory organizations, and the provisions of this Agreement, as the Distributor may from time to time determine. The Distributor agrees to use its best efforts to effect sales of Shares, but does not undertake to sell any specific number of Shares thereof. The Distributor may in its discretion sell the Shares to or through such registered and qualified retail dealers as it may select. In making agreements with its dealers or others for sale of the Shares, the Distributor shall act only as principal and in no sense as agent for the Company.
Appears in 2 contracts
Samples: Distribution Agreement (Davis Series Inc), Distributing Agreement (Davis Variable Account Fund Inc)
Sales of Capital Stock. The Company agrees to sell and deliver to ---------------------- the Distributor, upon the terms set forth herein, such fully-paid and non-assessable shares of capital stock of the Company ("Shares") then effectively registered for continuous offering under the Securities Act of 1933 (the "Act") as Distributor shall order from the Company, but only to the extent that the Distributor shall have received purchase orders therefor. All orders from the Distributor shall be subject to confirmation by the Company, and the Company authorizes the Distributor to reject any purchase order. The Distributor as principal may sell and distribute any Shares so purchased, through dealers or otherwise, in such manner not inconsistent with law and all applicable rules and regulations, including those of any applicable self-regulatory organizations, and the provisions of this Agreement, as the Distributor may from time to time determine. The Distributor agrees to use its best efforts to effect sales of Shares, but does not undertake to sell any specific number of Shares thereof. The Distributor may in its discretion sell the Shares to such registered and qualified retail dealers as it may select. In making agreements with its dealers or others for sale of the Shares, the Distributor shall act only as principal and in no sense as agent for the Company.
Appears in 2 contracts
Samples: Distributing Agreement (Venture Muni Plus Inc), Distribution Agreement (Davis New York Venture Fund Inc)
Sales of Capital Stock. The Company agrees to sell and deliver to the Distributor, upon the terms set forth herein, such fully-paid and non-assessable shares of capital stock beneficial interest of the Company ("Shares") then effectively registered for continuous offering under the Securities Act of 1933 (the "1933 Act") as the Distributor shall order from the Company, but only to the extent that the Distributor shall have received purchase orders therefor. All orders from the Distributor shall be subject to confirmation by the Company, and the Company authorizes the Distributor to reject any purchase order. The Distributor as principal may sell and distribute any Shares so purchased, through dealers or otherwise, in such manner not inconsistent with law and all applicable rules and regulations, including those of any applicable self-regulatory organizations, and the provisions of this Agreement, as the Distributor may from time to time determine. The Distributor agrees to use its best efforts to effect sales of Shares, but does not undertake to sell any specific number of Shares thereof. The Distributor may in its discretion sell the Shares to or through such registered and qualified retail dealers as it may select. In making agreements with its dealers or others for sale of the Shares, the Distributor shall act only as principal and in no sense as agent for the Company.
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