THE BEAR XXXXXXX FUNDS
DEALER AGREEMENT
___________________
Bear, Xxxxxxx & Co. Inc. ("Bear Xxxxxxx") has entered into a distribution
agreement (the "Distribution Agreement"), dated February 22, 1995, as
amended, with The Bear Xxxxxxx Funds (the "Trust") in which Bear Xxxxxxx has
agreed to act as distributor (the "Distributor") of shares of each series
("Series") of the Trust. For purposes of this Agreement, the term ("Shares")
shall mean the authorized shares of the relevant Series (or "Class" thereof)
of the Trust. This Dealer Agreement shall herein be referred to as the
"Agreement." For purposes of this Agreement, "Bear Xxxxxxx" shall mean Bear,
Xxxxxxx & Co. Inc. in our capacity as Distributor.
1. Role of Bear Xxxxxxx. Pursuant to the Distribution Agreement, we
have agreed to use our best efforts to make arrangements for securities
dealers ("Authorized Dealers") which can make the representation set forth in
Section 6 of this Agreement to solicit from the public orders to purchase
Shares. This will confirm our mutual agreement as to the terms and
conditions applicable to your participation as an Authorized Dealer. You
understand (a) that we may, at any time at our option, act as an Authorized
Dealer, (b) that we are seeking to enter into this Agreement in counterparts
with you and certain other securities dealers, which also may act as
Authorized Dealers, (c) that, except as we may otherwise agree with you, we
may enter into agreements (which may or may not be the same as this
Agreement) with other Authorized Dealers, (d) that the Trust and we may
modify, suspend, terminate or withdraw entirely the offering of Shares at any
time without giving notice to you pursuant to Section 16 and without
incurring any liability or obligation to you, (e) that we may, upon notice,
change the public offering price, sales load, or dealer allowance or modify,
cancel or change the terms of this Agreement, and (f) we shall be under no
liability to you except for lack of good faith and for obligations expressly
assumed by us herein. All purchases of Shares from, and redemptions of
Shares by, the Trust shall be effected through us acting on behalf of the
Trust. You understand that we shall have no obligation to sell Shares to you
at such times as we are not acting as Distributor for the Shares.
2. Role of Authorized Dealers. (a) As an Authorized Dealer, you
shall have no obligation to purchase or sell or to solicit the purchase or
sale of Shares. As, when and if you determine to purchase Shares or you
receive a customer order for the purchase of Shares and you determine to
accept such order, you shall comply with the procedures for the purchase of
Shares set forth in the relevant Prospectus and Statement of Additional
Information (the "SAI") as most currently amended or supplemented. The
procedure relating to the handling of orders shall be subject to such further
instructions as we shall forward to you in writing from time to time.
(b) You agree to offer Shares to the public at the then-applicable
public offering price and subject to the minimum investment amount set forth
in the relevant Prospectus and SAI, subject to any waivers or reductions of
sales load (the "Sales Load") or dealer allowances (the "Dealer Allowances")
as described in the relevant Prospectus and SAI as amended from time to
time. Any amendment to a Prospectus and SAI which affects the Sales Load,
Dealer Allowances, waivers or discounts
shall not affect the Sales Load, Dealer Allowances, discounts or waivers with
respect to sales on which orders have been accepted by us prior to the date of
notice of such amendment. Your placement of an order for Shares after the date
of any notice of such amendment shall conclusively evidence your agreement to be
bound thereby. The Trust and Bear Xxxxxxx reserve the right to modify any
minimum investment requirements, subsequent investment requirements, the manner
in which Shares are offered and the Sales Load rates applicable to future
purchase of Shares. You also acknowledge that the amounts charged to the public
upon purchase or redemption of Shares may include such transaction fees
("Transaction Fees") as may be described in the relevant Prospectus and SAI. In
addition, you may make available Shares through a "no transaction fee" program,
to the extent permitted in the relevant Prospectus and SAI. Bear Xxxxxxx shall
make a reasonable effort to notify you of any redetermination or suspension of
the public offering price of any shares, but Bear Xxxxxxx shall be under no
liability for failure to do so. Reduced Sales Loads also may be available as a
result of a cumulative discount or pursuant to a right of accumulation as set
forth in the relevant Prospectus and SAI. You agree to advise us promptly as to
the amounts of any sales made by you to the public qualifying for reduced Sales
Loads.
(c) You agree to purchase Shares from us only to cover purchase
orders already received from your customers, or for your own bona fide
investment. You will not withhold placing with us orders received from your
customers so as to profit yourself or your customers as a result of such
withholding. All orders for Shares are subject to acceptance or rejection by
Bear Xxxxxxx or the Trust in the sole discretion of either.
(d) In purchasing Shares through us, you shall rely solely on the
representations contained in the relevant Prospectus and SAI and any
advertising or supplemental sales material that we provide to you. You agree
not to use other advertising or sales material relating to the Series, unless
approved in writing by us in advance of such use. We will indemnify you and
hold you harmless as to any representations made in the then-current
Prospectus, SAI and any other supplemental material which we supply to you
and you have not altered. You will not furnish to any person any information
relating to the Shares, the Trust, any Series or us that is inconsistent with
information contained in the relevant Prospectus and SAI, or any printed
information issued by the Trust or us as information supplemental to such
Prospectus and SAI or cause any advertisement to be published or posted
without our consent and the consent of the Trust.
(e) In all sales of Shares to the public, you shall act as dealer for
your own account, whether as agent or principal. Nothing herein shall be
deemed to constitute you or any other Authorized Dealer as agent for the
Trust, us, or any other Authorized Dealer. You agree not to act as our agent
and not to claim to act as our agent or as agent of any of the foregoing. You
shall be deemed to be an independent contractor and you shall have no
authority to act for or represent the Trust. You will not act as an
"underwriter" or "distributor" of Shares, as those terms are used in the
Investment Company Act of 1940, as amended (the "Investment Company Act"),
the Securities Act of 1933, as amended (the "Securities Act"), and the rules
and regulations thereunder.
You agree to buy Shares only through us and not from any other source
and to sell Shares only to us, as the Trust's redemption agent, and not to
any other purchaser.
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(f) You agree to accept orders for the redemption of Shares and to
transmit to the Trust such orders and all additional material required to
complete the redemption as described in the relevant Prospectus and SAI.
(g) You agree that we shall have full authority to act upon your
express instructions to repurchase or exchange Shares through us on behalf of
your customers under the terms and conditions provided in the relevant
Prospectus and SAI. You agree to hold us, our parent company, subsidiaries,
affiliates and their respective officers, directors, employees and agents
harmless as a result of any action taken with respect to authorized
repurchases or exchanges upon your express instructions.
(h) Neither we, our affiliates nor any of the Series shall be liable
for any loss, expense, damages, costs or other claim arising out of any
redemption or exchange pursuant to telephone instructions from any person or
our refusal to execute such instructions for any reason.
3. Compensation. (a) You will be entitled to receive that
portion of the Sales Load allocated to Authorized Dealers as set forth in the
relevant Prospectus and SAI in connection with purchases of Shares effected
by or through you. You acknowledge that the relevant Prospectus and SAI will
set forth a description of waivers or reduction of the Sales Load in certain
cases and you hereby waive such portion of the Sales Load otherwise allocated
to you. We will promptly remit or cause to be remitted to you, by wire
transfer of same day funds to an account you shall designate, that portion of
the Sales Load or Transaction Fees, if any, to which you are entitled, after
deduction of the portion allocated to us, which was received by us and not
yet paid to you.
(b) If payment in Federal Funds is not received by the third business
day after the execution of the order, Bear Xxxxxxx reserves the right,
without any notice, to cancel the sale and to hold you responsible for any
loss, including loss of profits, suffered by Bear Xxxxxxx or by the Trust
resulting from such failure.
4. Orders and Payment for Shares. Upon receipt from you of any
order to purchase Shares and, if a new account, receipt of a fully executed
Account Information Form, we shall confirm such order to you in writing or by
wire to be followed by a confirmation in writing. If any such orders are
faxed to the Transfer Agent, they must be transmitted no later than 4:00 p.m.
Eastern Time. Any faxes sent to the Transfer Agent must be followed with a
phone call to confirm receipt. Additional instructions may be forwarded to
you from time to time. Payment for Shares ordered from us shall be made in
Federal Funds and must be received by the Trust's Transfer Agent, within
three business days of a receipt and acceptance by us of an order. You agree
that before transmitting investors' funds, you will comply with Rule 15c2-4
under the Securities Exchange Act of 1934, as amended (the "Exchange Act").
5. Blue Sky Registration. The Trust has registered an indefinite
number of Shares under the Securities Act. Upon application by you, we shall
inform you as to any advice received by us concerning the jurisdictions in
which the Shares have been registered for offer or sale or are exempt under
the securities or blue sky laws of such jurisdictions, but we assume no
obligation or responsibility as to your right to offer or sell Shares in any
jurisdiction (other than under the federal laws of the United States). You
agree to offer shares only in those states in
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which the Shares are registered for offer or sale or exempt under the securities
or blue sky laws of such state. You acknowledge that you will not offer or sell
Shares outside the United States, its territories or its possessions, in
contravention of the laws of such foreign jurisdictions.
6. Representations, Warranties and Undertakings. You represent and
warrant to and undertake that:
(a) You are familiar with Securities Act Release No. 4968 (April 24,
1969), Rule 15c2-8 under the Exchange Act, Section 4(3) of Securities Act and
Section 24(d) of the Investment Company Act relating to the distribution and
delivery of preliminary and final prospectuses and will comply therewith.
You will deliver thereafter to any customer whose Shares you are holding as
record holder copies of the annual and interim reports and proxy solicitation
materials relating to the Shares.
(b) You agree to keep an accurate record of distributions (including
dates, number of copies and persons to whom sent) of copies of any Prospectus
(and any SAI) for each Series of the Trust (or any amendment or supplement)
and, promptly upon request by Bear Xxxxxxx, to bring all subsequent changes
to such Prospectus to the attention of anyone to whom such material shall
have been distributed. You further agree to furnish to persons who receive a
confirmation of sale of shares of any Series of the Trust a copy of the
relevant Prospectus for such Series of the Trust filed pursuant to Rule 497
under the Securities Act. You further agree to furnish a copy of the
relevant SAI to anyone who requests it within three business days of your
receipt of the request.
(c) You will make all reasonable efforts to obtain proxies from such
purchasers whose Shares you are holding as record holder. Additional copies
of a Series' Prospectuses, SAI, annual or interim reports, proxy solicitation
materials and any other printed information supplemental to such material
will be supplied as reasonably requested.
(d) You are a broker-dealer registered with the Securities and
Exchange Commission (the "SEC") and a member in good standing of the National
Association of Securities Dealers, Inc. (the "NASD") or, in the alternative,
you are a foreign dealer or bank, not required to be registered as a
broker-dealer with the SEC and not required or eligible to be a member of the
NASD.
(e) You agree that in making sales of one or more Classes of Shares
of each Series of the Trust, you will take full responsibility for the
suitability and proper supervision of mutual fund recommendations,
solicitations and sales to your customers and to ensure that your customers
are aware of the advantages and disadvantages of selecting one class of
Shares over other classes of Shares and are aware of the different methods of
mutual fund financing. If you are an NASD member, you will comply with all
applicable rules of the NASD, including without limitation, rules pertaining
to the opening, approval, supervision and monitoring of customer accounts,
the NASD's Interpretation with Respect to Free-Riding and Withholding and
Sections 2730, 2740 and 2750 of the NASD's Conduct Rules. If you are an
unregistered foreign dealer or bank, you agree not to offer or sell, or to
agree to offer or sell, directly or indirectly, any shares to any party to
whom such shares may not be sold (unless the seller is so registered and a
member of the NASD), and in making sales of such shares you agree to comply
with the NASD's
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Interpretation with Respect to Free-Riding and Withholding and Sections 2730,
2740 and 2750 of the NASD's Conduct Rules as though you were a member in good
standing of the NASD and to comply with Section 2420 of such Conduct Rules as it
applies to a nonmember broker or dealer in a foreign country. You agree to abide
by all other Rules and Regulations of the NASD, including Section 2830 of its
Conduct Rules, and all applicable state and federal laws, rules and regulations.
Your acceptance also constitutes a representation that you have been duly
authorized by proper corporate or partnership action to enter into this
Agreement and to perform your obligations hereunder. You will not accept any
orders from any broker, dealer or financial institution that is purchasing
Shares from you with a view toward distribution unless you have obtained such
person's or entity's written consent to be bound by the terms of this Agreement.
(f) You shall not directly or indirectly offer, adopt, implement,
conduct or participate in (or permit any of your affiliates or any officer,
director, employee, partner or shareholder of you or any affiliate to
directly or indirectly offer, adopt, implement, conduct or participate in)
any program, plan, arrangement, advice or strategy that we or the Trust deem
to be harmful to the shareholders of a Series or potentially disruptive to
the management of the Series, including without limitation, any activity
involving market timing, programmed transfer, frequent transfer and similar
investment programs, whether involving a single investor or group of
investors and whether conducted under powers of attorney or otherwise (as the
case may be, a "Disruptive Activity.") We reserve the right to cancel any
order for Shares, or, at out option, sell the Shares ordered back to a Series
if we determine in our sole discretion that such transaction may have been
undertaken pursuant to a Disruptive Activity without any responsibility or
liability on our part or on the part of the Series, and you will be
responsible for any loss, including loss of profit, suffered by the Series
resulting therefrom. No concessions will be due and payable in connection
with any such transaction, and upon demand you will promptly remit to us any
concessions previously paid in connection with such transaction. You will
use your best efforts to cooperate with us to identify and prevent Disruptive
Activities.
(g) You undertake to comply, with respect to your offering of Shares
to the public pursuant to this Agreement, with all applicable provisions of
the Securities Act, the Exchange Act, the Investment Company Act, the rules
and regulations under these Acts, any applicable state laws and with
applicable rules of the NASD.
(h) You represent, warrant and undertake that any compensation
payable to you hereunder (i) will be disclosed to your customers; (ii) will
be authorized by your customers; (iii) will not result in an excessive fee to
you; and (iv) will not result in any "prohibited transaction" under the
Employee Retirement Income Security Act of 1974, as amended. In addition, if
an issue relating to a Class' 12b-1 Plan (as defined below) is submitted for
shareholder approval, you will vote any Shares held for your own account in
the same proportion as the vote of the Shares held by your customers on such
issue. You further represent that in effecting the purchase or redemption of
Shares in accordance with the terms of this Agreement: (i) you shall act
solely as agent for the account of your customer; (ii) purchases or
redemptions of Shares shall be initiated solely upon the instruction and
order of your customer; (iii) the customer will have full beneficial
ownership of any Shares purchased upon its authorization and order; and (iv)
all transactions shall be for the account of the customer and under no
circumstances for your account, and shall be without recourse to you. Under
no circumstances will you make any oral or written representations to the
contrary.
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(i) You agree that you will maintain adequate policies and procedures
in compliance with applicable laws and regulations to protect against money
laundering. At least annually, you will send us a written certification that
you are in compliance with such policies procedures.
7. l2b-1 Plan. Those Series or Classes set forth as having a l2b-1
Plan have adopted a plan pursuant to Rule l2b-1 under the Investment Company
Act (a "12b-1 Plan") as described in the relevant Prospectus and SAI. To the
extent you provide services of the type contemplated by a 12b-1 Plan, you may
be entitled to receive compensation from us as set forth in that Plan. To
the extent that you are entitled to receive compensation under this Agreement
pursuant to a 12b-1 Plan, such compensation shall be payable to you only to
the extent that we receive funds therefor from the Trust. We shall provide
quarterly reports to the Trust's Board of Trustees reports of the amounts
expended pursuant to the 12b-1 Plans and the purposes for which such
expenditures were made. In addition, you shall furnish us with such other
information as shall reasonably be requested by the Board of Trustees of the
Trust with respect to the fees paid to you pursuant to this Agreement.
8. Shareholder Servicing Plan. Those Series or Classes set forth as
having a Shareholder Servicing Plan have adopted such plan as described in
the relevant Prospectus and SAI. To the extent that you provide services of
the type contemplated by the Shareholder Servicing Plan, you may be entitled
to receive compensation from us as set forth in that Plan. Such services may
include: (i) establishing and maintaining accounts and records relating to
shareholders; (ii) processing dividend and distribution payments from the
Trust on behalf of shareholders; (iii) providing information periodically to
shareholders showing their positions in shares and integrating such
statements with those of other transactions and balances in shareholders'
other accounts serviced by such financial institution; (iv) arranging for
bank wires; (v) responding to shareholder inquiries relating to the services
performed; (vi) responding to routine inquiries from shareholders concerning
their investments; (vii) providing sub-accounting with respect to shares
beneficially owned by shareholders, or the information to the Trust necessary
for sub-accounting; (viii) if required by law, forwarding shareholder
communications from the Trust (such as proxies, shareholder reports, annual
and semi-annual financial statements and dividend, distribution and tax
notices) to shareholders; (ix) assisting in processing purchase, exchange and
redemption requests from shareholders and in placing such orders with our
service contractors; (x) assisting shareholders in changing dividend options,
account designations and addresses; (xi) providing shareholders with a
service that invests the assets of their accounts in shares pursuant to
specific or pre-authorized instructions; and (xii) providing such other
similar services as the Trust or the Distributor may reasonably request to
the extent you are permitted to do so under applicable statutes, rules and
regulations. To the extent that you are entitled to receive compensation
under this Agreement pursuant to a Shareholder Servicing Plan, such
compensation shall be payable to you only to the extent that we receive funds
therefor from the Trust.
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9. Indemnification.
(a) We agree to indemnify and hold harmless you, your officers,
directors, employees and agents, and any of their control persons, from and
against any losses, claims, damages and liabilities or expenses (including
reasonable fees of counsel) to which any such person or entity may become
subject insofar as such losses, claims, damages, liabilities or expense (or
actions in respect thereof) arise out of or are based on upon (a) any untrue
statement or alleged untrue statement of material fact contained in the
registration statement of any Series (including any Prospectus or SAI) or any
amendment or supplement thereto or in any sales material, or to the extent it
arises out of or is based on the omission to state therein a material fact
required to be stated therein or necessary to make the statements therein not
misleading.
(b) You agree to indemnify and hold harmless us, the Trust, and any
of their officers, directors, employees and agents, and any of their control
persons, from and against any losses, claims, damages and liabilities or
expenses (including reasonable attorneys fees) to which any such person or
entity may become subject insofar as such losses, claims, damages,
liabilities or expense (or actions in respect thereof) arise out of or are
based on upon (i) any breach of any representation, warranty or undertaking
contained in this Agreement; or (ii) any negligent or willful act or omission
in connection with your services under this Agreement.
(c) This paragraph shall survive the termination of this agreement.
10. NSCC Indemnity - Shareholder and House Accounts.
(a) In consideration of the Distributor liquidating, exchanging
and/or transferring uncertificated Shares for your customers without the use
of original or underlying documentation supporting such instructions (e.g. a
signed stock power or signature guaranty), you hereby agree to indemnify the
Distributor and the Trust against any losses, including reasonable attorney's
fees, that may arise from such liquidation, exchange and/or transfer of
uncertificated Shares upon your direction. This indemnification shall apply
only to the liquidation, exchange and/or transfer of uncertificated Shares in
shareholder and house accounts executed as wire orders transmitted via NSCC's
Fund/SERV system. You represent and warrant to the Trust and the Distributor
that all such transactions shall be authorized by your customers.
(b) This indemnification shall not apply to any losses (including
attorneys fees) caused by the Distributor or the Trust to comply with any of
your instructions governing any of the above transactions, or any negligent
act or omission of the Distributor or the Trust, or any of their directors,
trustees, officers, employees or agents. All transactions shall be settled
upon your confirmation through NSCC transmission to the Distributor.
(c) This paragraph shall survive the termination of this Agreement.
11. Continuation and Termination.
(a) The provisions of this Agreement relating to 12b-1 Plans and
Shareholder Servicing Plans shall continue in effect for a period of more
than one year from the date hereof only so long as such continuance of the
form of this agreement is specifically approved at least
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annually in a manner prescribed in Rule 12b-1 or in such 12b-1 Plan or
Shareholder Servicing Plan.
(b) This Agreement may be terminated, with respect to one or more
Series, without penalty, by either of us, upon written notice to the other
party. Such cancellation shall be effective upon receipt of such notice.
(c) This Agreement may also be terminated without payment of any
penalty by the vote of (i) a majority of the "outstanding voting securities"
(as defined in the Investment Company Act), or (ii) a majority of the
Trustees of the Trust who are not "interested persons" of the Trust (as
defined in the Investment Company Act) and who have no direct or indirect
financial interest in the operation of the 12b-1 Plans.
(d) The portions of this Agreement relating to payment under 12b-1
Plans or Shareholder Servicing Plans shall terminate with respect to any
Series by any act that terminates the Series' 12b-1 Plan or Shareholder
Servicing Plan, respectively.
(e) This Agreement shall terminate automatically in the event of its
assignment or if our Distribution Agreement with the Trust terminates.
12. Insurance. You shall maintain appropriate insurance and fidelity
bond coverage as shall be reasonably necessary in light of your obligations
under this Agreement.
13. Representations to Survive. The agreements, representations,
warranties and other statements set forth in or made pursuant to this
Agreement will remain in full force and effect, to the extent permitted by
applicable law, regardless of any investigation made by or on behalf of us or
any Authorized Dealer. The provisions of Sections 6 and 9 of this Agreement
shall survive the offer and sale of the Shares and the termination or
cancellation of this Agreement, to the extent permitted by applicable law.
14. No Association. Nothing herein contained constitutes an
agreement to become partners with you or with any other Authorized Dealer,
but you shall be liable for your proportionate share of any tax, liability or
expense based on any claim arising from the sale of Shares under this
Agreement. We and you hereby agree that there is no intent to form a
partnership, and agree not to take any position inconsistent with that
intent. We shall not be under any liability to you, except for obligations
expressly assumed by us in this Agreement and liabilities under Section 11(f)
of the Securities Act, and no obligations on our part shall be implied or
inferred herefrom.
15. Recordkeeping. You will maintain all records required by law to
be kept by you relating to transactions in the Shares and, upon request by
the Trust, promptly make such of these records available to the Trust as the
Trust may reasonably request in connection with its operations.
16. Notices. Notices hereunder shall be deemed to have been duly
given if delivered by hand or facsimile (a) if to you, at your address or
facsimile number set forth below and (b) if to us, to Bear, Xxxxxxx & Co.
Inc., 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000,
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Attention: Xxxxx X. Xxxxxxx or, in each case, such other address as may be
notified to the other party.
17. Amendments. We may modify this Agreement at any time by written
notice to you. The first order placed by you subsequent to the giving of
such notice shall be deemed to be acceptance by you of the modification
described in such notice.
18. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of New York.
19. Arbitration. Any controversy or claim arising out of or relating
to this Agreement, or any breach thereof, shall be settled by arbitration in
accordance with the Rules of the New York Stock Exchange, Inc. Such
arbitration shall be commenced within one year after the cause of action
forming the basis of the controversy or claim accrued. The arbitration shall
be conducted in New York, New York before three arbitrators, all of whom
shall be from the securities industry. Judgment upon the award rendered by
the arbitrators may be entered in any court having jurisdiction thereof.
20. Privacy. We shall consider nonpublic personal financial
information relating to your consumers or customers that you provided to us,
or that we retain to perform our duties as the Distributor, to be
confidential information. We shall not disclose or otherwise use nonpublic
personal financial information relating to present or former shareholders of
the Trust other than for purposes for which that information was disclosed to
us, including use under an exception contained in Section 248.14 or Section
248.15 of Securities and Exchange Commission Regulation S-P, in the ordinary
course of business to carry out those purposes. We shall have in place and
maintain physical, electronic and procedural safeguards reasonably designed
to protect the security, confidentiality and integrity of, and to prevent
unauthorized access to or use of records and information relating to
consumers.
21. Severability. If any provision of this Agreement is or becomes
inconsistent with any applicable law or rule, the provision will be deemed
rescinded or modified to the extent necessary to comply with such law or
rule. In all other respects, this agreement will continue in full force and
effect.
22. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and all of which
together shall be deemed one and the same document.
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Please confirm your agreement by signing and returning to us the two
enclosed duplicate copies of this Agreement. Upon our acceptance hereof, the
Agreement shall constitute a valid and binding contract between us. After our
acceptance, we will deliver to you one fully executed copy of this Agreement.
Very truly yours,
BEAR, XXXXXXX & CO. INC.
By:___________________________
Name: __________________
Title: ___________________
Confirmed:
______________________________
(Name of Authorized Dealer)
Date:
By:___________________________
(Authorized Signature)
Name: ____________________
Title: _____________________
______________________________
Street Address
______________________________
City State Zip
______________________________
Facsimile No.
______________________________
Telephone No.
______________________________
Telex No.
______________________________
Firm Taxpayer Identification No.
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BEAR XXXXXXX FUNDS DEALER PROFILE SHEET
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1. Has signed dealer agreement been sent to distributor? Yes __or No __ Date
Sent:______
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2. Dealer name:_____________________________________________________________
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3. Dealer address:__________________________________________________________
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4. Dealer contact:__________________________________________________________
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5. Dealer phone number & fax number:________________________________________
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QUESTIONS PRECEDED BY ** RELATE TO FUND\SERV
IF NOT A FUND\SERV PARTICIPANT, PLEASE SKIP TO QUESTION #10
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**6. Is the dealer using Fund\Serv? Yes ____ or No____
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**7. Is the dealer using networking? Yes ____ or No____
If yes, when would they like to receive position files? Choices are:
____ 1st & 3rd Friday ____ 2nd & 4th Friday ____ 1st & 3rd Thursday
____ 2nd & 4th Thursday
Please note: Any additional position files are on an as requested
basis. Please contact Broker services
at the 800 number listed below.
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**8. If using networking, indicate network
level:_____________________________________________
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**9. If another dealer is clearing for them, what is the other dealer's name:
________________________________________________
Address: ________________________________________________
________________________________________________
________________________________________________
NSCC number:_____________________________________________________________
Alpha
indicator:_______________________________________________________________
Network
level:___________________________________________________________________
Contact
name:____________________________________________________________________
Contact phone: Area Code:(_____) ___________________
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10. What is the address of the main office for mailing purposes of commission
checks? (MAIN OFFICE ONLY)
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11. Will statements go to main office or branch? Main Office ____ Branch
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12. Omnibus account? Yes _________ or No_________
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Completed fact sheet to be forwarded with signed Selected Dealer Agreement to:
Bear Xxxxxxx Asset Management Inc.
00xx Xxxxx
000 Xxxxxxx Xxxxxx
Xxx Xxxx, XX 00000
Any questions regarding the completion of this form, please contact
Xxxx Xxxxxx at (000) 000-0000
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