SERVICE AS DISTRIBUTOR. 1.1 The Fund hereby appoints the Distributor as exclusive distributor of the Shares covered by the Registration Statement then in effect under the Securities Act of 1933, as amended (the “1933 Act”), on the terms and for the periods set forth in this Agreement. The Distributor hereby accepts such appointment and agrees to render the services and perform the duties set forth in this Agreement without compensation. The Distributor will have no liability for payment for the purchase of Shares by unaffiliated investors sold pursuant to this Agreement or with respect to redemptions or repurchases of Shares.
1.2 The Distributor agrees to sell Shares of each of the Portfolios, as agent, from time to time during the term of this Agreement at the Shares’ then current net asset value (with any purchase price adjustments, as applicable). The net asset value of the Shares shall be determined in the manner provided in the then current prospectus and statement of additional information relating to the Shares (collectively, the “Prospectus” and “Statement of Additional Information”), and when determined shall be applicable to all transactions as provided in the Prospectus. The net asset value of the Shares shall be calculated by the Fund or by another entity on behalf of the Fund. The Distributor shall have no duty to inquire into, or liability for, the accuracy of the net asset value per Share as calculated.
1.3 The Distributor agrees to use appropriate efforts to solicit orders for the sale of the Shares. The Distributor shall, at its own expense, finance appropriate activities which are primarily intended to result in the sale of Shares, including, but not limited to, the distribution services set forth in Schedule B to this Agreement. It is contemplated that the Distributor will enter into selling agreements with securities dealers, financial institutions and other industry professionals, such as investment advisers, accountants and estate planning firms to the extent permitted by SEC and Financial Industry Regulatory Authority (“FINRA”) regulations or other governing law, with respect to the offering of Shares to the public. The Distributor will require each dealer with whom the Distributor has a selling agreement to conform to the applicable provisions of the Registration Statement, with respect to the public offering price of the Shares, and the Distributor shall not cause the Fund to withhold the placing of purchase orders so as to make a profit thereby.
1.4 The ...
SERVICE AS DISTRIBUTOR. 1.1. The Distributor will act on behalf of the Corporation for the distribution of the Fund's Shares covered by the Registration Statement under the Securities Act of 1933, as amended (the "1933 Act"). The Distributor will have no liability for payment for the purchase of Shares sold pursuant to this Agreement or with respect to redemptions or repurchases of Shares.
1.2. The Distributor agrees to use such efforts as is deemed appropriate by the Distributor to solicit orders for the sale of the Shares and to undertake such advertising and promotion and other activities as it believes reasonable in connection with such solicitation. The Corporation understands that the Distributor may serve as the distributor of the shares of other investment companies and series thereof (collectively, the "Companies"), including Companies having investment objectives similar to those of the Corporation. The Corporation further understands that investors and potential investors in the Corporation may invest in shares of such other Companies. The Corporation agrees that the Distributor's duties to such Companies shall not be deemed in conflict with its duties to the Corporation under this paragraph 1.2.
1.3. The Distributor shall, at its own expense, finance appropriate activities which it deems reasonable which are primarily intended to result in the sale of the Shares, including, but not limited to, the payment of compensation to brokers, dealers and other financial institutions which make shares available to their customers (collectively, "Dealers"); the payment of compensation to sales personnel of the Distributor; the costs of printing and mailing of prospectuses, annual reports and other periodic reports to other than current shareholders; and the costs of printing, distributing and publishing sales literature and advertising material.
1.4. All activities by the Distributor and its agents and employees, as distributor of the Shares, shall comply with all applicable laws, rules and regulations, including, without limitation, all rules and regulations made or adopted by the SEC and the National Association of Securities Dealers.
1.5. The Distributor will transmit any orders received by it for purchase or redemption of the Shares to the transfer agent for the Corporation.
1.6. Whenever in its judgment such action is warranted by unusual market, economic or political conditions, the Corporation may decline to accept any orders for, or make any sales of, the Shares until suc...
SERVICE AS DISTRIBUTOR. 1.1 You will act as agent for the distribution of Shares in accordance with the instructions of the Trust's Board of Trustees and the registration statement and prospectuses then in effect with respect to the Funds under the Securities Act of 1933, as amended, and will transmit promptly any orders received by you for the purchase or redemption of Shares either directly to the Trust's transfer agent for the Fund involved or to any qualified broker/dealer for transmittal to said agent.
(a) You agree to use your best efforts to solicit orders for the sale of Shares. You, at your own expense, shall finance appropriate activities which you deem reasonable which are primarily intended to result in the sale of Shares, including, but not limited to, advertising, compensation of underwriters, dealers and sales personnel, the printing and mailing of prospectuses to other than current shareholders, and the printing and mailing of sales literature. In addition, you will provide one or more persons, during normal business hours, to respond to telephone questions with respect to the Funds. It is contemplated that you will enter into selling agreements with qualified broker/dealers and other persons with respect to the offering of Shares to the public, and in so doing you will act only on your own behalf as principal.
(b) All Shares of the Funds offered for sale by you shall be offered for sale to the public at a price per share (the "offering price") equal to (a) their net asset value (determined in the manner set forth in the Trust's Declaration of Trust and then current prospectuses) plus, except to those classes of persons set forth in the then current prospectuses, (b) a sales charge which shall be the percentage of the offering price of such shares as set forth in the Trust's then current prospectuses. The offering price, if not an exact multiple of one cent, shall be adjusted to the nearest cent. Concessions by you to broker/dealers and other persons shall be set forth in either the selling agreements between you and such broker/dealers and other persons, as from time to time amended, or if such concessions are described in the Trust's then current prospectuses, shall be as so set forth. No broker/dealer or other person who enters into a selling agreement with you shall be authorized to act as agent for the Trust in connection with the offering or sale of its Shares to the public or otherwise.
SERVICE AS DISTRIBUTOR. 1.1 The Distributor will act on behalf of the Company for the distribution of the Shares covered by the Registration Statement under the Securities Act of 1933, as amended (the "1933 Act"). The Distributor will have no liability for payment for the purchase of Shares sold pursuant to this Agreement or with respect to redemptions or repurchases of Shares. The Company can withdraw the offering of Shares at any time and without prior notice.
1.2 The Distributor agrees to use efforts deemed appropriate by the Distributor to solicit orders for the sale of the Shares and will undertake such advertising and promotion as it believes reasonable in connection with such solicitation; provided, however, that each Fund will bear the expenses incurred and other payments made in accordance with the provisions of this Agreement and any plan now or hereafter adopted with respect to any Fund pursuant to Rule 12b-1 under the 1940 Act (the "Plans"). To the extent that the Distributor receives distribution and/or shareholder services fees under any Plan adopted by the Company, the Distributor agrees to furnish, and/or enter into arrangements with others for the furnishing of, marketing, sales, personal and/or account maintenance services with respect to the relevant shareholders of the Company as may be required pursuant to such Plan. The Company understands that the Distributor is now, and may in the future be, the distributor of the shares of several investment companies or series (collectively, the "Investment Entities"), including Investment Entities having investment objectives similar to those of the Company. The Company further understands that investors and potential investors in the Company may invest in shares of such other Investment Entities. The Company agrees that the Distributor's duties to such Investment Entities shall not be deemed in conflict with its duties to the Company under this Section 1.2.
1.3 The Distributor shall not utilize any materials in connection with the sale or offering of Shares except the Company's prospectus and statement of additional information and such other materials as the Company shall provide or approve. The Company agrees to furnish the Distributor with sufficient copies of any and all: agreements, plans, communications with the public or other material with the Company intends to use in connection with any sales of Shares, in adequate time for the Distributor to file and clear such materials with the proper authorities before th...
SERVICE AS DISTRIBUTOR. 1.1 The Distributor will act as the Company's disclosed agent for the distribution of the Shares covered by the Registration Statement then in effect under the Securities Act of 1933, as amended (the "1933 Act"). The Distributor will have no liability for payment for the purchase of Shares sold pursuant to this Agreement or with respect to redemptions or repurchases of Shares.
1.2 The Distributor agrees to use efforts deemed appropriate by the Distributor to solicit orders for the sale of the Shares and will undertake such advertising and promotion as it believes reasonable in connection with such solicitation. The Distributor shall, at its own expense, finance appropriate activities which it deems reasonable which are primarily intended to result in the sale of Shares, including, but not limited to, advertising, compensation of underwriters, dealers and sales personnel, the printing and mailing of Prospectuses to other than current shareholders, and the printing and mailing of sales literature; provided, however, that each Fund shall bear the expenses incurred and other payments made in accordance with the provisions of this Agreement and any plan now in effect or hereafter adopted with respect to any one or more series of Shares of such Fund pursuant to Rule 12b-1 under the 1940 Act (collectively, the "Plans").
SERVICE AS DISTRIBUTOR. 1.1 The Company hereby appoints and the Distributor agrees to act as the Company's agent to sell and arrange for the sale of the Shares covered by the Company's registration statement under the 0000 Xxx.
1.2 The Distributor agrees to use its best efforts in connection with the distribution of Shares, including such advertising and promotion as it believes reasonable in connection with such distribution. The Distributor will hold itself available to receive orders, that the Distributor reasonably believes to be in good order, for the purchase of the Shares and will accept such orders and will transmit such orders as are so accepted and funds received by it in payment for such Shares to the Company's transfer agent or custodian, as appropriate, as promptly as practicable. Purchase orders shall be deemed effective at the time and in the manner set forth in the Prospectus. The offering price of the Shares will be the net asset value per share of the Shares plus any applicable sales charges, determined as set forth in the Prospectus. The Distributor shall not make any short sales of the Shares. The Distributor shall comply with all applicable laws, rules and regulations, including, without limitation, all rules and regulations made or adopted by the SEC or by any securities association registered under the 1934 Act and which regulates the Distributor. The Distributor shall maintain the required licenses and registration for itself as a broker- dealer, and for its registered representatives or other associated persons, under the 1934 Act and applicable state securities laws. The Distributor is not authorized by the Company to give on behalf of the Company any information or make any representations in connection with the sale of Shares other than the information and representations contained in the Registration Statement filed with the SEC under the 1933 Act and the 1940 Act, as such Registration Statement may be amended from time to time, or contained in shareholder reports or other material that may be prepared by or on behalf of the Company for the Distributor's use.
1.3 The Company understands that the Distributor is now, and may in the future be, the distributor of the shares of several investment companies or series (collectively, the "Investment Entities"), including Investment Entities having investment objectives similar to those of the Company. The Company further understands that investors and potential investors in the Company may invest in shares of...
SERVICE AS DISTRIBUTOR. 1.1 The Distributor will act on behalf of the Company for the distribution of the Shares covered by the Registration Statement under the Securities Act of 1933, as amended (the "1933 Act"). The Distributor will have no liability for payment for the purchase of Shares sold pursuant to this Agreement or with respect to redemptions or repurchases of Shares.
1.2 The Distributor agrees to use efforts deemed appropriate by the Distributor to solicit orders for the sale of the Shares and will undertake such advertising and promotion as it believes reasonable in connection with such solicitation. To the extent that the Distributor receives shareholder services fees under any shareholder services plan adopted by the Company, the Distributor agrees to furnish, and/or enter into arrangements with others for the furnishing of, personal and/or account maintenance services with respect to the relevant shareholders of the Company as may be required pursuant to such plan. It is contemplated that the Distributor will enter into sales or servicing agreements with securities dealers, financial institutions and other industry professionals, such as investment advisers, accountants and estate planning firms.
1.3 The Company understands that the Distributor is now, and may in the future be, the distributor of the shares of several investment companies or series (collectively, the "Investment Entities"), including Investment Entities having investment objectives similar to those of the Company. The Company further understands that investors and potential investors in the Company may invest in shares of such other Investment Entities. The Company agrees that the Distributor's duties to such Investment Entities shall not be deemed in conflict with its duties to the Company under this Section 1.3.
1.4 The Distributor shall not utilize any materials in connection with the sale or offering of Shares except the Company's prospectus and statement of additional information and such other materials as the Company shall provide or approve.
1.5 All activities by the Distributor and its employees, as distributor of the Shares, shall comply with all applicable laws, rules and regulations, including, without limitation, all rules and regulations made or adopted by the SEC or the National Association of Securities Dealers.
1.6 The Distributor will transmit any orders received by it for purchase or redemption of the Shares to the transfer agent for the Company.
1.7 Whenever in its judgment such...
SERVICE AS DISTRIBUTOR. 1.1 The Distributor will act on behalf of the Company for the distribution of the Shares covered by the Registration Statement under the Securities Act of 1933, as amended (the "1933 Act"). The Distributor will have no liability for payment for the purchase of Shares sold pursuant to this Agreement or with respect to redemptions or repurchases of Shares.
1.2 The Distributor agrees to use efforts deemed appropriate by the Distributor to solicit orders for the sale of the Shares and will undertake such advertising and promotion as it believes reasonable in connection with such solicitation. To the extent that the Distributor receives shareholder services fees under any shareholder services plan adopted by the Company, the Distributor agrees to furnish, and/or enter into arrangements with others for the furnishing of, personal and/or account maintenance services with respect to the relevant shareholders of the Company as may be required pursuant to such plan. It is contemplated that the Distributor will enter into sales or servicing agreements with securities dealers, financial institutions and other industry professionals, such as investment advisers, accountants and estate planning firms to the extent permitted by SEC and NASD regulations or other governing law.
1.3 The Company understands that the Distributor is now, and may in the future be, the distributor of the shares of several investment companies or series (collectively, the "Investment Entities"), including Investment Entities having investment objectives similar to those of the Company. The Company further understands that investors and potential investors in the Company may invest in shares of such other Investment 152
SERVICE AS DISTRIBUTOR. 1.1 The Distributor will act on behalf of the Company for the distribution of the Shares covered by the Registration Statement under the Securities Act of 1933, as amended (the "1933 Act"). The Distributor will have no liability for payment for the purchase of Shares sold pursuant to this Agreement or with respect to redemptions or repurchases of Shares.
1.2 The Distributor agrees to use efforts deemed appropriate by the Distributor to solicit orders for the sale of the Shares and will undertake such advertising and promotion as it believes reasonable in connection with such solicitation. To the extent that the Distributor receives shareholder services fees under any shareholder services plan adopted by the Company, the Distributor agrees to furnish, and/or enter into arrangements with others for the furnishing of, personal and/or account maintenance services with respect to the relevant shareholders of the Company as may be required pursuant to such plan. It is contemplated that the Distributor will enter into sales or servicing agreements with securities dealers, financial institutions and other industry professionals, such as investment advisers, accountants and estate planning firms.
1.3 The Company understands that the Distributor is now, and may in the future be, the distributor of the shares of several investment companies or series (collectively, the "Investment Entities"), including Investment Entities having investment objectives similar to those of the Company. The Company further understands that investors and potential investors in the Company may invest in shares of such other Investment
SERVICE AS DISTRIBUTOR. 1.1 The Distributor will act as the Company's disclosed agent for the distribution of the Shares covered by the Registration Statement then in effect under the Securities Act of 1933, as amended (the "1933 Act"). The Distributor will have no liability for payment for the purchase of Shares sold pursuant to this Agreement or with respect to redemptions or repurchases of Shares.
1.2 The Distributor agrees to use efforts deemed appropriate by the Distributor to solicit orders for the sale of the Shares and will undertake such advertising and promotion as it believes reasonable in connection with such solicitation. The Distributor shall, at its own expense, finance appropriate activities which it deems reasonable which are primarily intended to result in the sale of Shares, including, but not limited to, advertising, compensation of underwriters, dealers and sales personnel, the printing and mailing of Prospectuses to other than current shareholders, and the printing and mailing of sales literature.
