Services and Duties of Distributor. (a) Distributor agrees to sell Shares on a best efforts basis as agent for the Trust upon the terms and at the current offering price, plus any sales charge, described in the Prospectus. The Trust shall in all cases receive the net asset value per Share on all sales. If a sales charge is in effect, Distributor shall remit the sales charge (or portion thereof) to broker-dealers who have sold Shares. (b) During the continuous public offering of Shares of the Funds, Distributor shall use commercially reasonable efforts to promote and distribute the Shares. All orders for Shares shall be made through qualified broker-dealers and other financial intermediaries (“Financial Intermediaries”) or directly through the Trust’s designated Transfer Agent. (c) Distributor shall review all proposed advertising materials and sales literature for compliance with applicable laws and regulations and shall file with appropriate regulators those advertising materials and sales literature it believes are in compliance with such laws and regulations. (d) Distributor shall not give any information or make any representations inconsistent with the registration statement, prospectus, statement of additional information, annual or semi-annual report applicable to any given fund. (e) Distributor may in its discretion enter into agreements (“Intermediary Agreements”) with such qualified broker-dealers and other Financial Intermediaries as it may select for the purpose of selling Shares of the Funds. The form of any dealer agreement shall be approved by the Trust. (f) Distributor may hire, register, supervise and compensate registered representatives to sell and promote the Funds to Financial Intermediaries, registered representatives and investment advisers. (g) Distributor shall prepare reports for the Board of Trustees regarding its activities under this Agreement as may be reasonably requested by the Board of Trustees, including reports regarding the use of 12b-1 payments received by Distributor, if any. (h) Notwithstanding anything herein to the contrary, Distributor shall not be required to register as a broker or dealer in any specific jurisdiction or to maintain its registration in any jurisdiction in which it is now registered.
Appears in 1 contract
Services and Duties of Distributor. (a) 2.1 Distributor agrees to sell Shares on a best efforts basis will act as agent for the Trust upon distribution of Shares in accordance with the terms 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 (the “1933 Act”).
2.2 Distributor may incur expenses for appropriate distribution activities which it deems reasonable which are primarily intended to result in the sale of Shares, including, but not limited to, advertising, the printing and mailing of prospectuses to other than current shareholders, and the printing and mailing of sales literature. At the direction of the Trust, Distributor may enter into servicing and/or selling agreements with qualified broker/dealers and other persons with respect to the offering of Shares to the public, and if it so chooses Distributor may act as principal. Distributor shall not be obligated to incur any specific expenses nor sell any certain number of Shares of any Fund.
2.3 All Shares of the Funds offered for sale by Distributor shall be offered for sale to the public at a price per share (the current “offering price, plus any sales charge, described ”) provided in the ProspectusFunds' then current prospectus. Distributor shall have no liability for the payment of the purchase price of the Shares sold pursuant to this Agreement or with respect to redemptions or repurchases of Shares.
2.4 Distributor shall act as distributor of the Shares in compliance in all material respects with all applicable laws, rules and regulations, including, without limitation, all rules and regulations made or adopted pursuant to the 1940 Act, by the Securities and Exchange Commission (the “Commission”) and the NASD.
2.5 Distributor shall not utilize any materials in connection with the sales or offering of Shares except the Trust’s prospectus and statement of additional information and such other materials as the Trust shall provide or approve. Distributor agrees to provide compliance review of all sales literature and marketing materials prepared for use by or on behalf of the Trust in advance of the use of such materials. The Fund agrees to incorporate such changes to such materials as Distributor shall request. Distributor will file the materials as may be required with the NASD, the Commission or state securities commissioners. The Trust shall in all cases receive represents that it will not use or authorize the net asset value per Share on all sales. If a use of any advertising or sales charge is in effect, Distributor shall remit the sales charge (or portion thereof) to broker-dealers who material unless and until such materials have sold Sharesbeen approved and authorized for use by Distributor.
(b) During the continuous public offering of Shares of the Funds2.6 In connection with its duties under this Agreement, Distributor shall use commercially reasonable efforts to promote cooperate with all reasonable requests of the Funds related to the Funds’ administration and distribute the Shares. All orders for Shares shall be made through qualified broker-dealers and other financial intermediaries (“Financial Intermediaries”) or directly through the Trust’s designated Transfer Agent.
(c) Distributor shall review all proposed advertising materials and sales literature for compliance with applicable laws and regulations and shall file with appropriate regulators those advertising materials and sales literature it believes are in compliance with such laws and regulations.
(d) Distributor shall not give any information or make any representations inconsistent with the registration statement, prospectus, statement of additional information, annual or semi-annual report applicable to any given fund.
(e) Distributor may in its discretion enter into agreements (“Intermediary Agreements”) with such qualified broker-dealers and other Financial Intermediaries as it may select for the purpose of selling Shares monitoring of the Funds. The form of any dealer agreement shall be approved ’ compliance program as adopted by the Trust.
(f) Distributor may hire, register, supervise and compensate registered representatives to sell and promote the Funds to Financial Intermediaries, registered representatives and investment advisers.
(g) Distributor shall prepare reports for the Board of Trustees regarding its activities pursuant to Rule 38a-1 under this Agreement the Investment Company Act of 1940 as may be reasonably requested by amended, a copy of which has been provided to Distributor.
2.7 As compensation for the Board of Trustees, including reports regarding services performed hereunder and the use of 12b-1 payments received expenses incurred by Distributor, if any.
(h) Notwithstanding anything herein Distributor shall be entitled to the contrary, Distributor shall not fees and be required to register reimbursed the expenses as a broker or dealer provided in any specific jurisdiction or to maintain its registration in any jurisdiction in which it is now registeredSchedule B hereto.
Appears in 1 contract
Samples: Distribution Agreement (Stewart Capital Mutual Funds)
Services and Duties of Distributor. (a) Distributor agrees to sell Shares on a best efforts basis as agent for the Trust upon the terms and at the current offering price, plus any sales charge, described in the Prospectus. The Trust shall in all cases receive the net asset value per Share on all sales. If a sales charge is in effect, Distributor shall remit the sales charge (or portion thereof) to broker-dealers who have sold Shares.
(b) During the continuous public offering of Shares of the Funds, Distributor shall use commercially reasonable efforts to promote and distribute the Shares. All orders for Shares shall be made through qualified broker-dealers and other financial intermediaries (“Financial Intermediaries”) or directly through the Trust’s designated Transfer Agent.
(c) Distributor shall review all proposed advertising materials and sales literature for compliance with applicable laws and regulations and shall file with appropriate regulators those advertising materials and sales literature it believes are in compliance with such laws and regulations.
(d) Distributor shall not give any information or make any representations inconsistent with the registration statement, prospectus, statement of additional information, annual or semi-annual report applicable to any given fundFund.
(e) Distributor may in its discretion enter into agreements (“Intermediary Agreements”) with such qualified broker-dealers and other Financial Intermediaries as it may select for the purpose of selling Shares of the Funds. The form of any dealer agreement shall be approved by the Trust.
(f) Distributor may hire, register, supervise and compensate registered representatives to sell and promote the Funds to Financial Intermediaries, registered representatives and investment advisers.
(g) Distributor shall prepare reports for the Board of Trustees regarding its activities under this Agreement as may be reasonably requested by the Board of Trustees, including reports regarding the use of 12b-1 payments received by Distributor, if any.
(h) Notwithstanding anything herein to the contrary, Distributor shall not be required to register as a broker or dealer in any specific jurisdiction or to maintain its registration in any jurisdiction in which it is now registered.
Appears in 1 contract
Services and Duties of Distributor. (a) 2.1 Distributor agrees to sell Shares on a best efforts basis will act as agent for the Trust upon distribution of Shares in accordance with the terms 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 (the "1933 Act").
2.2 Distributor may incur expenses for appropriate distribution activities which it deems reasonable which are primarily intended to result in the sale of Shares, including, but not limited to, advertising, the printing and mailing of prospectuses to other than current shareholders, and the printing and mailing of sales literature. At the direction of the Trust, Distributor may enter into servicing and/or selling agreements with qualified broker/dealers and other persons with respect to the offering of Shares to the public, and if it so chooses Distributor may act as principal. Distributor shall not be obligated to incur any specific expenses nor sell any certain number of Shares of any Fund.
2.3 All Shares of the Funds offered for sale by Distributor shall be offered for sale to the public at a price per share (the current "offering price, plus any sales charge, described ") provided in the ProspectusFunds' then current prospectus. Distributor shall have no liability for the payment of the purchase price of the Shares sold pursuant to this Agreement or with respect to redemptions or repurchases of Shares.
2.4 Distributor shall act as distributor of the Shares in compliance in all material respects with all applicable laws, rules and regulations, including, without limitation, all rules and regulations made or adopted pursuant to the 1940 Act, by the Securities and Exchange Commission (the "Commission") and the NASD.
2.5 Distributor shall not utilize any materials in connection with the sales or offering of Shares except the Trust's prospectus and statement of additional information and such other materials as the Trust shall provide or approve. Distributor agrees to provide compliance review of all sales literature and marketing materials prepared for use by or on behalf of the Trust in advance of the use of such materials. The Fund agrees to incorporate such changes to such materials as Distributor shall request. Distributor will file the materials as may be required with the NASD, the Commission or state securities commissioners. The Trust shall in all cases receive represents that it will not use or authorize the net asset value per Share on all sales. If a use of any advertising or sales charge is in effect, Distributor shall remit the sales charge (or portion thereof) to broker-dealers who material unless and until such materials have sold Sharesbeen approved and authorized for use by Distributor.
(b) During the continuous public offering of Shares of the Funds2.6 In connection with its duties under this Agreement, Distributor shall use commercially reasonable efforts to promote cooperate with all reasonable requests of the Funds related to the Funds' administration and distribute the Shares. All orders for Shares shall be made through qualified broker-dealers and other financial intermediaries (“Financial Intermediaries”) or directly through the Trust’s designated Transfer Agent.
(c) Distributor shall review all proposed advertising materials and sales literature for compliance with applicable laws and regulations and shall file with appropriate regulators those advertising materials and sales literature it believes are in compliance with such laws and regulations.
(d) Distributor shall not give any information or make any representations inconsistent with the registration statement, prospectus, statement of additional information, annual or semi-annual report applicable to any given fund.
(e) Distributor may in its discretion enter into agreements (“Intermediary Agreements”) with such qualified broker-dealers and other Financial Intermediaries as it may select for the purpose of selling Shares monitoring of the Funds. The form of any dealer agreement shall be approved ' compliance program as adopted by the Trust.
(f) Distributor may hire, register, supervise and compensate registered representatives to sell and promote the Funds to Financial Intermediaries, registered representatives and investment advisers.
(g) Distributor shall prepare reports for the Board of Trustees regarding its activities pursuant to Rule 38a-1 under this Agreement the Investment Company Act of 1940 as may be reasonably requested by amended, a copy of which has been provided to Distributor.
2.7 As compensation for the Board of Trustees, including reports regarding services performed hereunder and the use of 12b-1 payments received expenses incurred by Distributor, if any.
(h) Notwithstanding anything herein Distributor shall be entitled to the contrary, Distributor shall not fees and be required to register reimbursed the expenses as a broker or dealer provided in any specific jurisdiction or to maintain its registration in any jurisdiction in which it is now registeredExhibit B hereto.
Appears in 1 contract
Samples: Distribution Agreement (Stewart Capital Mutual Funds)
Services and Duties of Distributor. (a) Distributor agrees to sell Shares on a best efforts basis as agent for the Trust upon the terms and at the current offering price, plus any sales charge, described in the Prospectus. The Trust shall in all cases receive the net asset value per Share on all sales. If a sales charge is in effect, Distributor shall remit the sales charge (or portion thereof) to broker-dealers who have sold Shares.
(b) During the continuous public offering of Shares of the Funds, Distributor shall use commercially reasonable efforts to promote and distribute the Shares. All orders for Shares shall be made through qualified broker-dealers and other financial intermediaries (“"Financial Intermediaries”") or directly through the Trust’s 's designated Transfer Agent.
(c) Distributor shall review all proposed advertising materials and sales literature for compliance with applicable laws and regulations and shall file with appropriate regulators those advertising materials and sales literature it believes are in compliance with such laws and regulations.
(d) Distributor shall not give any information or make any representations inconsistent with the registration statement, prospectus, statement of additional information, annual or semi-annual report applicable to any given fund.Fund. (Rev 9/17) 1
(e) Distributor may in its discretion enter into agreements (“"Intermediary Agreements”") with such qualified broker-dealers and other Financial Intermediaries as it may select for the purpose of selling Shares of the Funds. The form of any dealer agreement shall be approved by the Trust.
(f) Distributor may hire, register, supervise and compensate registered representatives to sell and promote the Funds to Financial Intermediaries, registered representatives and investment advisers.
(g) Distributor shall prepare reports for the Board of Trustees regarding its activities under this Agreement as may be reasonably requested by the Board of Trustees, including reports regarding the use of 12b-1 126-1 payments received by Distributor, if any.
(h) Notwithstanding anything herein to the contrary, Distributor shall not be required to register as a broker or dealer in any specific jurisdiction or to maintain its registration in any jurisdiction in which it is now registered.
Appears in 1 contract
Services and Duties of Distributor. (a) Distributor agrees to sell Shares on a best efforts basis as agent for the Trust upon the terms and at the current offering price, plus any sales charge, described in the Prospectus. The Trust shall in all cases receive the net asset value per Share on all sales. If a sales charge is in effect, Distributor shall remit the sales charge (or portion thereof) to broker-dealers who have sold Shares.
(b) During the continuous public offering of Shares of the Funds, Distributor shall use commercially reasonable efforts to promote and distribute the Shares. All orders for Shares shall be made through qualified broker-dealers and other financial intermediaries (“"Financial Intermediaries”") or directly through the Trust’s 's designated Transfer Agent.
(c) Distributor shall review all proposed advertising materials and sales literature for compliance with applicable laws and regulations and shall file with appropriate regulators those advertising materials and sales literature it believes are in compliance with such laws and regulations.
(d) Distributor shall not give any information or make any representations inconsistent with the registration statement, prospectus, statement of additional information, annual or semi-annual report applicable to any given fundFund.
(e) Distributor may in its discretion enter into agreements (“"Intermediary Agreements”") with such qualified broker-dealers and other Financial Intermediaries as it may select for the purpose of selling Shares of the Funds. The form of any dealer agreement shall be approved by the Trust.
(f) Distributor may hire, register, supervise and compensate registered representatives to sell and promote the Funds Fnnds to Financial Intermediaries, registered representatives and investment advisers.
(g) Distributor shall prepare reports for the Board of Trustees regarding its activities under this Agreement as may be reasonably requested by the Board of Trustees, including reports regarding the use of 12b-1 126-1 payments received by Distributor, if any.
(h) Notwithstanding anything herein to the contrary, Distributor shall not be required to register as a broker or dealer in any specific jurisdiction or to maintain its registration in any jurisdiction in which it is now registered.
Appears in 1 contract