Common use of Use of Names; Publicity Clause in Contracts

Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, Sales Literature and Advertisements, or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, which approval shall not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SEC, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “Manna” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall not unreasonably withhold consent to all uses of its name required by the Commission, any state securities commission, or any federal or state regulatory authority. Notwithstanding the foregoing, the Trust hereby consents to the placement of an announcement on Distributor’s website stating that the Trust is a new client of Distributor’s for ETF services.

Appears in 7 contracts

Samples: Distribution Agreement (ETFis Series Trust I), Distribution Agreement (ETFis Series Trust I), Distribution Agreement (ETFis Series Trust I)

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Use of Names; Publicity. The Trust shall not use the Distributor’s name in any offering material, shareholder report, Sales Literature and Advertisements, or other material relating to the Trust, other than for the purpose of merely identifying and describing the functions of the Distributor hereunder, in a manner not approved by the Distributor in writing prior to such use, which approval shall not to be unreasonably withheld. The Distributor hereby consents to all uses of its name required by the SEC, any state securities commission, or any federal or state regulatory authority. The Distributor shall not use the name “MannaSage Quant” in any offering material, shareholder report, advertisement or other material relating to the Distributor, other than for the purpose of merely identifying and describing the functions of the Trust hereunder, in a manner not approved by the Trust in writing prior to such use; provided, however, that the Trust shall not unreasonably withhold consent to all uses of its name required by the Commission, any state securities commission, or any federal or state regulatory authority. Notwithstanding the foregoing, the Trust hereby consents to the placement of an announcement on Distributor’s website stating that the Trust is a new client of Distributor’s for ETF services.

Appears in 1 contract

Samples: Distribution Agreement (ETF Series Trust)

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