Sales of Fund Shares. You may offer and sell shares of each Fund and class of each Fund only at the public offering price which shall be applicable to, and in effect at the time of, each transaction. The procedures relating to all orders and the handling of them shall be subject to the terms of the applicable then current prospectus and statement of additional information (hereafter, the “Prospectus”) and new account application, including amendments, for each such Fund and each class of such Fund, and our written instructions from time to time. This Agreement is not exclusive, and either party may enter into similar agreements with third parties.
Sales of Fund Shares. Dealer may offer and sell shares of each Fund only at the public offering price applicable to the shares in effect at the time of each transaction. The procedures relating to all orders and the handling of orders are subject to the terms of the then current prospectus and statement of additional information of the Fund (collectively, the "prospectus"), the then current new account application for the Fund, and our written instructions which may be issued from time to time. This Agreement is not exclusive, and either party may enter into similar agreements with third parties.
Sales of Fund Shares. A. Financial Intermediary will offer and sell Shares only in accordance with the applicable current prospectus (“Prospectus”) and Statement of Additional Information (“SAI”), the applicable rules, regulations and requirements, including, without limitation, Rule 22c-1(a) and other applicable rules under the Investment Company Act, and the provisions of this Agreement.
B. The Financial Intermediary agrees that neither the Trust, JPMDS nor any of their affiliates or agents will have any responsibility or liability to review any purchase or redemption request which is presented by Financial Intermediary (i) to determine whether such request is genuine or authorized by the Customer or (ii) to determine the suitability of a particular Fund or Class for such Customer. The Trust, JPMDS and their affiliates and agents will be entitled to rely conclusively on any purchase or redemption request communicated to the Trust by Financial Intermediary, and will have no liability whatsoever for any losses, claims or damages to or against Financial Intermediary or any Customer resulting from the failure of Financial Intermediary to transmit any such request, or from any errors contained in any request.
C. JPMDS and the Funds reserve the right to reject any purchase request in their sole discretion.
D. The parties agree that in performing its services under this Agreement: (i) Financial Intermediary is acting as agent for the Customer; (ii) the Customer is for all purposes the customer of Financial Intermediary; (iii) each transaction is initiated solely upon the order of the Customer; (iv) as between Financial Intermediary and the Customer, the Customer will have full beneficial ownership of all Shares; (v) each transaction shall be for the account of the Customer and not for Financial Intermediary’s account; (vi) each transaction shall be without recourse to Financial Intermediary provided that Financial Intermediary acts in accordance with the terms of this Agreement; and (vii) Financial Intermediary shall be deemed an independent contractor and shall have no authority to act as agent for JPMDS or the Funds.
Sales of Fund Shares. 1.1. The Underwriter agrees to sell to the company those shares of the Fund which each Account orders, executing such orders on a daily basis at the net asset value next computed after receipt by the Fund or its designee of the order for the shares of the Fund. For purposes of this Section 1.1, the Company shall be the designee of the Fund for receipt of such orders from each Account and receipt by such designee shall constitute receipt by the Fund; provided that the
Sales of Fund Shares. Any sales and redemptions of Fund shares for the account of Clients shall be conducted by the Advisor in compliance with the terms and conditions of the Funds' prospectuses and statements of additional information ("SAIs") in effect from time to time. DD, LLC shall provide the Advisor with current copies of the Funds' prospectuses and SAIs and any supplements thereto. From time to time, DD, LLC may notify the Advisor of changes in the list of Funds to which this Agreement relates by sending to the Advisor (by mail, or by facsimile transmission followed by hard copy by mail) a revised Exhibit A and the effective date of the change. In accordance with the then current applicable prospectuses, shares of certain Funds may be offered on a no-load basis ("No-Load Shares") and shares of other Funds may be offered pursuant to a multi-class distribution system ("Multi-Class Shares") under which investors will have the choice of purchasing Class A Shares, Class B Shares, Class C Shares, or Class Y Shares. With respect to Class A Shares, orders for shares received from the Advisor and accepted by DD, LLC will be at the public offering price applicable to each order, which will include the applicable sales load. It shall be the responsibility of the Advisor to inform DD, LLC if an order placed by Advisor for Class A Shares is entitled to a reduced sales charge. With respect to No-Load Shares, Class B Shares, Class C Shares and Money Market Fund Class A Shares, the Advisor will offer and sell shares of the Funds only at their respective net asset values. With respect to Class A Shares, the Advisor will be paid an appropriate agency commission, on the basis set forth in the then current applicable prospectus. Commissions will be paid to the Advisor semi-monthly with respect to direct purchases and deducted from settlement with respect to all wire order purchases. With respect to Class B and Class C Shares, DD, LLC, will pay commissions to the Advisor on sales of such shares. Commissions will be paid to the Advisor semi-monthly with respect to direct purchases and deducted from settlement with respect to all wire order purchases. The Advisor agrees not to share or rebate any portion of such commissions or to otherwise grant any commissions, discounts, or other allowances to any person who is not a broker or dealer actually engaged in the investment banking or securities business or a bank as defined in Section 3(a)(6) of the Act. The Advisor will receive commissions, as ...
Sales of Fund Shares. (a) Whenever the Fund shall sell any of its Shares, the Fund shall deliver or cause to be delivered to the Transfer Agent a Certificate duly specifying: (i) the number of Shares sold, trade date and price per Share and the total price; (ii) the amount of money to be delivered to the Custodian from the sale of such Shares; and (iii) in the case of a new account, a new account application or sufficient information with which to establish an account.
(b) The Transfer Agent shall, upon receipt by it of a check or other medium of payment identified by it as funds or a claim of funds in payment of the purchase price for sales of Shares (and where required, payable or endorsed to the Transfer Agent as agent for, or identified as being for the account of, the Fund), promptly deposit such check or other payment to the appropriate account postings necessary to reflect the sale according to arrangements to be made between it and the Custodian. The Transfer Agent will notify the Fund, or its designee, and the Custodian of all purchases and related account adjustments.
(c) Upon receipt of the notification required under paragraph (a) hereof, the Transfer Agent shall issue to the purchaser a confirmation of the information received under paragraph 9(a) (including, if needed, a request for additional information needed for the account records).
(d) Upon the issuance of any Shares in accordance with the foregoing provisions of this Section, the Transfer Agent shall not be responsible for the payment of any original issue or other taxes required to be paid by the Fund in connection with such issuance.
(e) The Transfer Agent may establish such additional rules and regulations governing the transfer or registration of certificates for Shares as it may deem advisable and as are consistent with rules and regulations generally adopted by bank transfer agents, except as it may be instructed otherwise by an Officer.
Sales of Fund Shares. All sales of Fund Shares by the Custodian, as agent, pursuant to the provisions of this Agreement, shall be made by deposit of the shares with the Fund or its duly authorized agent together with a request that the shares be repurchased at the net asset value of the Fund at the time of sale as calculated by Fidelity Service Co. (or any successor thereto) in accordance with the terms of the Fund's then current prospectus, so long as the privilege of redemption at net asset value is available to holders of Fund Shares as set forth in the Fund's then current prospectus. Whenever pursuant to the provisions of this Agreement Fund Shares are to be sold or redeemed, the Custodian shall first withdraw the Fund Shares from the custodianship hereunder and, as agent for the Planholder, shall sell or redeem said shares by depositing them for repurchase as set forth above. Anything herein to the contrary notwithstanding, (i) the Custodian, as agent for the Planholders, is authorized to offset sales and purchases for all of the Planholders on a business day and, accordingly, to place with the Fund or its agent a net purchase order for the excess of purchases over sales, or a net sale order for the excess of sales over purchases; and (ii) any such sales of Fund Shares in connection with a Plan termination, a withdrawal of shares by a Planholder, or an exercise of an exchange privilege by a Planholder, shall be effected by the Custodian in accordance with the terms and conditions of applicable Plan Documents.
Sales of Fund Shares. 1.1 Fund shares shall be sold on behalf of the Fund by Underwriter and purchased by Company for Account for the appropriate subaccount thereof at the net asset value next computed after receipt by Fund or its designee of each order of Account or its designee, in accordance with the procedures contained in Exhibit A hereto, and the provisions of this Agreement, the then current prospectuses of Fund and the variable annuity contracts that use Fund as an underlying investment medium (the "Contracts"), and the Contracts. Company may purchase Fund shares for its own account subject to (a) receipt of prior written approval by Sponsor; and (b) such purchases being in accordance with the then current prospectuses of Fund and the Contracts. Orders or payments for shares purchased will be sent by the Company promptly to Fund and will be made payable in a manner acceptable to Company which has been reasonably established from time to time by Fund for receipt of such payments.
1.2 Fund will redeem the shares when requested by the Company in accordance with the procedures contained in Exhibit A. Fund may make payment in the manner established from time to time by Fund. In no event shall payment be delayed for a greater period than permitted by the Investment Company Act of 1940 or the rules, orders or regulations thereunder (the "1940 Act"). The Board of Directors of Fund ("Directors") may refuse to sell shares of any particular portfolio of Fund ("Portfolio") to any person, or suspend or terminate the offering of shares of Fund if such action is required by law or by regulatory authorities having jurisdiction.
1.3 Company agrees to purchase and redeem the shares of Fund in accordance with the provisions of this Agreement, of the Contracts and of the then current prospectuses for the Contracts and Fund. Except as necessary to implement transactions initiated by purchasers of Contracts ("Owners"), or as otherwise permitted or required by state and/or federal laws or regulations, Company shall not redeem Fund shares attributable to the Contracts.
1.4 Issuance and transfer of Fund shares will be by book entry only. Stock certificates will not be issued to Company or Account. Shares of the Fund ordered from Underwriter will be recorded in the appropriate book entry titles for Account.
1.5 Fund shall furnish prompt notice followed by written confirmation to Company or its delegates of any income, dividends or capital gain distributions payable on the Fund's shares. Company ...
Sales of Fund Shares. 1.1. The Underwriter agrees to sell to the Company those shares of the Fund which each Account orders, executing such orders on a daily basis at the net asset value next computed after receipt by the Fund or its designee of the order for the shares of the Fund. For purposes of this Section 1.1, the Company shall be the designee of the Fund for receipt of such orders from each Account and receipt by such designee shall constitute receipt by the Fund; provided that the Fund receives notice of such order by 9:30 a.m. Boston time on the next following Business Day. "Business Day" shall mean any day on which the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the Securities and Exchange Commission.
Sales of Fund Shares. You may offer and sell shares of each Fund and class of each Fund only at the public offering price which shall be applicable to, and in effect at the time of, each transaction. The procedures relating to all orders and the handling of them shall be subject to the terms of the applicable Prospectus and new account application, including amendments, for each such Fund and each class
