Common use of Words Clause in Contracts

Words. Xxxxxx" and "Xxxxxx". The Distributor and its parent, Xxxxxx, --------------------------- Xxxxxx & Company, L.P., retain proprietary rights in the words "Xxxxxx" and "Xxxxxx," which may be used by the Trust and the Series only with the consent of the Distributor. The Distributor consents to the use by the Series of the name "Xxxxxx Xxxxxx Investment Grade Bond Fund" or any other name embodying the words "Xxxxxx" or "Xxxxxx," in such forms as the Distributor shall in writing approve, but only on condition and so long as (i) this Agreement shall remain in full force and (ii) the Trust shall fully perform, fulfill and comply with all provisions of this Agreement expressed herein to be performed, fulfilled or complied with by it. No such name shall be used by the Trust or the Series at any time or in any place or for any purposes or under any conditions except as in this section provided. The foregoing authorization by the Distributor to the Trust and the Series to use said words or letters as part of a business or name is not exclusive of the right of the Distributor itself to use, or to authorize others to use, the same; the Trust acknowledges and agrees that as between the Distributor and the Trust and the Series, the Distributor has the exclusive right so to use, or authorize others to use, said words and letters, and the Trust agrees to take such action as may reasonably be requested by the Distributor to give full effect to the provisions of this section (including, without limitation, consenting to such use of said words or letters). Without limiting the generality of the foregoing, the Trust agrees that, upon any termination of this Agreement by either party or upon the violation of any of its provisions by the Trust, the Trust will, at the request of the Distributor made within six months after the Distributor has knowledge of such termination or violation, use its best efforts to change the name of the Trust and the Series so as to eliminate all reference, if any, to the words "Xxxxxx" and "Xxxxxx" and will not thereafter transact any business in a name containing the words "Xxxxxx" or "Xxxxxx" in any form or combination whatsoever, or designate itself as the same entity as or successor to any entity of such name, or otherwise use the words "Xxxxxx" or "Xxxxxx" or any other reference to the Distributor. Such covenants on the part of the Trust and each Series shall be binding upon it, its trustees, officers, shareholders, creditors and all other persons claiming under or through it.

Appears in 1 contract

Samples: Distribution Agreement (Loomis Sayles Funds)

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Words. XxxxxxNEW ENGLAND" and AND LOGO. New England Life Insurance Company ("XxxxxxThe New England". The Distributor and its parent), Xxxxxxthe parent of the Distributor, --------------------------- Xxxxxx & Company, L.P., retain retains proprietary rights in the words "XxxxxxNew England" and "Xxxxxx," the ship logos, both of which may be used by the Trust and the Series only with the consent of the Distributor, which is authorized by The New England to give such consent as provided herein. The Distributor consents to the use by the Series Trust of the name "Xxxxxx Xxxxxx Investment Grade Bond FundNew England Tax Exempt Money Market Trust" or any other name embodying the words "XxxxxxNew England" or "Xxxxxx," and of The New England's ship logos, in such forms as the Distributor shall in writing approve, but only on condition and so long as (i) this Agreement shall remain in full force and (ii) the Trust shall fully perform, fulfill and comply with all provisions of this Agreement expressed herein to be performed, fulfilled or complied with by it. No such name shall be used by the Trust or the Series at any time or in any place or for any purposes or under any conditions except as in this section provided. The foregoing authorization by the Distributor as agent of The New England to the Trust and the Series to use said words or letters and ship logos as part of a business or name is not exclusive of the right of the Distributor itself to use, or to authorize others to use, the same; the Trust acknowledges and agrees that as between the Distributor and the Trust and the SeriesTrust, the Distributor has the exclusive right so to use, or authorize others to use, said words and letterslogos, and the Trust agrees to take such action as may reasonably be requested by the Distributor to give full effect to the provisions of this section (including, without limitation, consenting to such use of said words or lettersand logos). Without limiting the generality of the foregoing, the Trust agrees that, upon any termination of this Agreement by either party or upon the violation of any of its provisions by the Trust, the Trust will, at the request of the Distributor made within six months after the Distributor has knowledge of such termination or violation, use its best efforts to change the name of the Trust and the Series so as to eliminate all reference, if any, to the words "Xxxxxx" and "XxxxxxNew England" and will not thereafter transact any business in a name containing the words "Xxxxxx" or "XxxxxxNew England" in any form or combination whatsoever, or designate itself as the same entity as or successor to any entity of such name, or otherwise use the words "Xxxxxx" or "XxxxxxNew England" or any other reference to the Distributor. Such covenants on the part of the Trust and each Series shall be binding upon it, its trustees, officers, shareholders, creditors and all other persons claiming under or through it.

Appears in 1 contract

Samples: Distribution Agreement (Nvest Tax Exempt Money Market Trust)

Words. XxxxxxNew England" and "XxxxxxNvest" and Letters "TNE". The Distributor and/or its parent organization and its parentNvest Companies, Xxxxxx, --------------------------- Xxxxxx & Company, L.P.L.P. ("Nvest"), retain proprietary rights in the words "XxxxxxNew England" and "Xxxxxx," Nvest", the letters "TNE", which may be used by the Trust and the Series only with the consent of the Distributor, which is authorized by Nvest to give such consent as provided herein. The Distributor consents may consent to the use by the Series of the name "Xxxxxx Xxxxxx Investment Grade Bond Fund" or any other name embodying the words "XxxxxxNew England" or "Xxxxxx,Nvest" or the letters "TNE", in such forms as the Distributor shall in writing approve, but only on condition and so long as (i) this Agreement shall remain in full force and (ii) the Trust shall fully perform, fulfill and comply with all provisions of this Agreement expressed herein to be performed, fulfilled or complied with by it. No such name shall be used by the Trust or the Series at any time or in any place or for any purposes or under any conditions except as in this section provided. The foregoing authorization by the Distributor as agent of Nvest to the Trust and the Series to use said words or letters as part of a business or name is not exclusive of the right of the Distributor itself to use, or to authorize others to use, the same; the Trust acknowledges and agrees that as between the Distributor and the Trust and the Series, the Distributor has the exclusive right so to use, or authorize others to use, said words and letters, and the Trust agrees to take such action as may reasonably be requested by the Distributor to give full effect to the provisions of this section (including, without limitation, consenting to such use of said words or letters). Without limiting the generality of the foregoing, the Trust agrees that, upon any termination of this Agreement by either party or upon the violation of any of its provisions by the Trust, the Trust will, at the request of the Distributor made within six months after the Distributor has knowledge of such termination or violation, use its best efforts to change the name of the Trust and the Series so as to eliminate all reference, if any, to the words "XxxxxxNew England" and or "XxxxxxNvest" or the letters "TNE" and will not thereafter transact any business in a name containing the words "XxxxxxNew England" or "XxxxxxNvest" or the letters "TNE" in any form or combination whatsoever, or designate itself as the same entity as or successor to any entity of such name, or otherwise use the words "XxxxxxNew England" or "XxxxxxNvest" or the letters "TNE" or any other reference to the Distributor. Such covenants on the part of the Trust and each the Series shall be binding upon it, its trustees, officers, shareholders, creditors and all other persons claiming under or through it.

Appears in 1 contract

Samples: Distribution Agreement (Kobrick Investment Trust)

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Words. Xxxxxx" and "XxxxxxNvest". --------------- The Distributor and/or its parent organization and its parentNvest Companies, Xxxxxx, --------------------------- Xxxxxx & Company, L.P.L.P. ("Nvest"), retain proprietary rights in the words word "Xxxxxx" and Nvest"Xxxxxx," , which may be used by the Trust and the Series only with the consent of the Distributor, which is authorized by Nvest to give such consent as provided herein. The Distributor consents may consent to the use by the Trust or Series of the name "Xxxxxx Xxxxxx Investment Grade Bond Fund" or any other name embodying the words word "Xxxxxx" or Nvest"Xxxxxx," , in such forms as the Distributor shall in writing approve, but only on condition and so long as (i) this Agreement shall remain in full force and (ii) the Trust shall fully perform, fulfill and comply with all provisions of this Agreement expressed herein to be performed, fulfilled or complied with by it. No such name shall be used by the Trust or the Series at any time or in any place or for any purposes or under any conditions except as in this section provided. The foregoing authorization by the Distributor as agent of Nvest to the Trust and the Series to use said words or letters as part of a business or name is not exclusive of the right of the Distributor itself to use, or to authorize others to use, the same; the Trust acknowledges and agrees that as between the Distributor and the Trust and the Series, the Distributor has the exclusive right so to use, or authorize others to use, said words and letters, and the Trust agrees to take such action as may reasonably be requested by the Distributor to give full effect to the provisions of this section (including, without limitation, consenting to such use of said words or letters). Without limiting the generality of the foregoing, the Trust agrees that, upon any termination of this Agreement by either party or upon the violation of any of its provisions by the Trust, the Trust will, at the request of the Distributor made within six months after the Distributor has knowledge of such termination or violation, use its best efforts to change the name of the Trust and the Series so as to eliminate all reference, if any, to the words word "Xxxxxx" and "XxxxxxNvest" and will not thereafter transact any business in a name containing the words word "Xxxxxx" or "XxxxxxNvest" in any form or combination whatsoever, or designate itself as the same entity as or successor to any entity of such name, or otherwise use the words word "Xxxxxx" or "XxxxxxNvest" or any other reference to the Distributor. Such covenants on the part of the Trust and each the Series shall be binding upon it, its trustees, officers, shareholders, creditors and all other persons claiming under or through it.

Appears in 1 contract

Samples: Distribution Agreement (Nvest Companies Trust I)

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