Solicitation of Sales. In consideration of these rights granted to the Distributor, the Distributor agrees to use its best efforts to solicit orders for the sale of the Shares at the public offering price and will undertake, at its own cost, such advertising and promotion as it believes is reasonable in connection with such solicitation, subject to the Fund's approval. The Distributor shall be responsible for reviewing and filing any sales literature or advertising material (including material disseminated through radio, television or other electronic media) concerning Fund shares with the SEC and the National Association of Securities Dealers, Inc. (the "NASD") to the extent required by the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and the 1940 Act and the rules and regulations thereunder, and by the rules of the NASD. All such materials must be approved by the Distributor, in writing, prior to use. This shall not prevent the Distributor from entering into like arrangements (including arrangements involving the payment of underwriting commissions) with other issuers. The Distributor will act only on its own behalf as principal should it choose to enter into selling agreements with selected dealers or others.
Appears in 11 contracts
Samples: Distribution Agreement (Agile Funds Inc), Distribution Agreement (Accessor Funds Inc), Distribution Agreement (Drake Funds Trust)
Solicitation of Sales. In consideration of these rights granted to the Distributor, the Distributor agrees to use its best efforts to solicit orders for the sale of the Shares at the public offering price and will undertake, at its own cost, such advertising and promotion as it believes is reasonable in connection with such solicitation, subject to the Fund's ’s approval. The Distributor shall be responsible for reviewing and filing any sales literature or advertising material (including material disseminated through radio, television or other electronic media) concerning Fund shares with the SEC and the National Association of Securities Dealers, Inc. (the "“NASD"”) to the extent required by the Securities Exchange Act of 1934, as amended (the "“Exchange Act"”), and the 1940 Act and the rules and regulations thereunder, and by the rules of the NASD. All such materials must be approved by the Distributor, in writing, prior to use. This shall not prevent the Distributor from entering into like arrangements (including arrangements involving the payment of underwriting commissions) with other issuers. The Distributor will act only on its own behalf as principal should it choose to enter into selling agreements with selected dealers or others.
Appears in 4 contracts
Samples: Distribution Agreement (Williams Capital Management Trust), Distribution Agreement (Stewart W P & Co Growth Fund Inc), Distribution Agreement (Agile Funds Inc)