Common use of Solicitation of Orders for Purchase of Shares Clause in Contracts

Solicitation of Orders for Purchase of Shares. (a) Subject to the provisions of Sections 4 and 7 hereof, and to such minimum purchase requirements as may from time to time be indicated in each Fund's prospectus or statement of additional information, the Distributor is authorized to solicit, as agent on behalf of the Trust, unconditional orders for purchases of each Fund's Shares authorized for issuance and registered under the 1933 Act, provided that: (1) The Distributor shall act solely as a disclosed agent on behalf of and for the account of the Trust; (2) The Distributor shall confirm or arrange with the transfer agent for the Shares to confirm all purchases of the Shares. Such confirmation shall conform to the requirements of the 1934 Act and the rules thereunder and shall clearly state that the Distributor is acting as agent in the transaction; (3) The Distributor shall have no liability for payment for purchases of Shares it sells as agent, but will use reasonable efforts to assure that each Fund receives payment for Shares purchased through the Distributor in accordance with the requirements of applicable law and regulations; and (4) Each order to purchase Shares of a Fund received by the Distributor shall be subject to acceptance by the Trust and entry of the order on such Fund's records or shareholder accounts and is not binding until so accepted and entered. The purchase price of a Fund's Shares to the public shall be the public offering price described in Section 6 hereof. (b) The Distributor shall use reasonable efforts (but only in states and jurisdictions in which the Distributor may lawfully do so) to solicit from investors unconditional orders to purchase Shares of each Fund.

Appears in 3 contracts

Samples: Distribution Agreement (Berger Biam Worldwide Funds Trust), Distribution Agreement (Berger Investment Portfolio Trust), Distribution Agreement (Omni Investment Fund)

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Solicitation of Orders for Purchase of Shares. (a) Subject to the provisions of Sections 4 and 7 hereof, and to such minimum purchase requirements as may from time to time be indicated in each Fund's prospectus or statement of additional information, the Distributor is authorized to solicit, as agent on behalf of the Trust, unconditional orders for purchases of each Fund's Shares authorized for issuance and registered under the 1933 Act, provided that: (1) The Distributor shall act solely as a disclosed agent on behalf of and for the account of the Trust; (2) The Distributor shall confirm or arrange with the transfer agent for the Shares to confirm all purchases of the Shares. Such confirmation shall conform to the requirements of the 1934 Act and the rules thereunder and shall clearly state that the Distributor is acting as agent in the transaction; (3) The Distributor shall have no liability for payment for purchases of Shares it sells as agent, but will use reasonable efforts to assure that each Fund receives payment for Shares purchased through the Distributor in accordance with the requirements of applicable law and regulations; and (4) Each order to purchase Shares of a Fund received by the Distributor shall be subject to acceptance by the Trust and entry of the order on such Fund's records or shareholder accounts and is not binding until so accepted and entered. The purchase price of a Fund's Shares to the public shall be the public offering price described in Section 6 hereof. (b) The Distributor shall use reasonable efforts (but only in states and jurisdictions in which the Distributor may lawfully do so) to solicit from investors unconditional orders to purchase Shares of each Fund. (c) In exercising its authority and discharging its responsibilities under this Section 3, the Distributor may enter into sales or servicing agreements with securities dealers, investment advisers, financial institutions and other industry professionals, provided that any such agreements shall comply with all applicable laws and regulations and Rules of the NASD.

Appears in 3 contracts

Samples: Distribution Agreement (Berger Investment Portfolio Trust), Distribution Agreement (Berger Investment Portfolio Trust), Distribution Agreement (Berger Worldwide Funds Trust)

Solicitation of Orders for Purchase of Shares. (a) Subject to the provisions of Sections 4 and 7 hereof, and to such minimum purchase requirements as may from time to time be indicated in each the Fund's prospectus or statement of additional information, the Distributor is authorized to solicit, as agent on behalf of the TrustFund, unconditional orders for purchases of each the Fund's Shares authorized for issuance and registered under the 1933 Act, provided that: (1) The Distributor shall act solely as a disclosed agent on behalf of and for the account of the TrustFund; (2) The Distributor shall confirm or arrange with the transfer agent for the Shares to confirm all purchases of the Shares. Such confirmation shall conform to the requirements of the 1934 Act and the rules thereunder and shall clearly state that the Distributor is acting as agent in the transaction; (3) The Distributor shall have no liability for payment for purchases of Shares it sells as agent, but will use reasonable efforts to assure that each the Fund receives payment for Shares purchased through the Distributor in accordance with the requirements of applicable law and regulations; and (4) Each order to purchase Shares of a the Fund received by the Distributor shall be subject to acceptance by the Trust Fund and entry of the order on such the Fund's records or shareholder accounts and is not binding until so accepted and entered. The purchase price of a the Fund's Shares to the public shall be the public offering price described in Section 6 hereof. (b) The Distributor shall use reasonable efforts (but only in states and jurisdictions in which the Distributor may lawfully do so) to solicit from investors unconditional orders to purchase Shares of each the Fund.

Appears in 2 contracts

Samples: Distribution Agreement (Berger One Hundred & One Fund Inc), Distribution Agreement (One Hundred Fund Inc)

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Solicitation of Orders for Purchase of Shares. (a) Subject to the provisions of Sections 4 and 7 hereof, and to such minimum purchase or other eligibility requirements as may from time to time be indicated in each Fund's prospectus or statement of additional information, the Distributor is authorized to solicit, as agent on behalf of the Trust, unconditional orders for purchases of each Fund's Shares authorized for issuance and registered under the 1933 Act, provided that: (1) The Distributor shall act solely as a disclosed agent on behalf of and for the account of the Trust; (2) The Distributor shall confirm or arrange with the transfer agent for the Shares to confirm all purchases of the Shares, to the extent required. Such Any such confirmation shall conform to the requirements of the 1934 Act and the rules thereunder and shall clearly state that the Distributor is acting as agent in the transaction; (3) The Distributor shall have no liability for payment for purchases of Shares it sells as agent, but will use reasonable efforts to assure that each Fund receives payment for Shares purchased through the Distributor in accordance with the requirements of applicable law and regulations; and (4) Each order to purchase Shares of a Fund received by the Distributor shall be subject to acceptance by the Trust and entry of the order on such Fund's records or shareholder accounts and is not binding until so accepted and entered. The purchase price of a Fund's Shares to the public shall be the public offering price described in Section 6 hereof. (b) The Distributor shall use reasonable efforts (but only in states and jurisdictions in which the Distributor may lawfully do so) to solicit from investors unconditional orders to purchase Shares of each Fund.

Appears in 1 contract

Samples: Distribution Agreement (Berger Institutional Products Trust)

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