NOT FOR USE BETWEEN MEMBERS OF
THE NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC.
FOREIGN SALES CONTRACT
Between: GT GLOBAL, INC.
General Distributor of the
GT Global Group of Funds
00 Xxxxxxxxxx Xxxxxx, 00xx Xxxxx
Xxx Xxxxxxxxx, XX 00000
and: ________________________________
________________________________
________________________________
Phone __________________________
Date ___________________________
As a general distributor of the GT Global Group of Funds (the "Funds"),
we agree to sell you, subject to the terms and conditions of this Foreign Sales
Contract, to any limitations imposed by any of the Funds and to confirmation by
us in each instance, shares issued by the Funds ("Shares"). The Funds shall also
mean any registered investment company with which we have now or hereafter
signed an agreement.
1. YOU WARRANT AND REPRESENT TO US THAT SHARES OF THE FUNDS MAY, PURSUANT
TO ALL APPLICABLE LAWS AND GOVERNMENTAL RULES, REGULATIONS AND ORDERS,
BE OFFERED FOR SALE AND SOLD BY YOU IN THE COUNTRY OR COUNTRIES WHERE
YOU CONDUCT YOUR BUSINESS OPERATIONS, AND THAT YOU MAY LAWFULLY CONDUCT
SUCH BUSINESS OPERATIONS AND HAVE ALL REQUIRED LICENSES AND PERMITS TO
DO SO AS MAY BE REQUIRED BY SUCH LAWS AND GOVERNMENTAL RULES,
REGULATIONS AND ORDERS. YOU AGREE TO INDEMNIFY AND SAVE US AND THE
FUNDS HARMLESS FROM ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS AND
EXPENSES, INCLUDING COUNSEL FEES, IN CONNECTION WITH THE FOREGOING
WARRANTIES AND REPRESENTATIONS.
2. We will furnish you, without charge and on request, reasonable
quantities of the Funds' Prospectuses, shareholder reports and sales
material, all in the English language. You are solely responsible for
providing accurate translations of such documents with such additional
information as may be necessary as required by applicable laws and
governmental rule, regulations and order.
3. The price of Shares to you will be the net asset value as next
determined after we receive your order, together with our underwriting
commission. Your attention is called specifically to the fact that each
price is always subject to confirmation, and will be the price next
computed after an order and the payment therefore are received.
You will pay for Shares at the next quoted price in United States
dollars in New York Eastern Time Same Day Funds credited to our account
at the Connecticut Bank and Trust Co., N.A. during the hours that the
New York Stock Exchange is open (currently 8:30 a.m. to 4:00 p.m.
Eastern Time). We must receive payment before an order for Shares can
be confirmed, and the applicable price to you will be based upon the
net asset value of Shares next determined after we are advised that
Same Day Funds are available to us.
We will also furnish you on request with public offering prices for
Shares (including sales charges) determined in accordance with the
current Prospectus of each Fund. You will advise us of the appropriate
sales charge to be included in the price of Shares shown in our
confirmation to you or the absence of such sales charge if you propose
to sell such shares to your customer at net asset value. Such sales
charge must conform to one of the stated rates in the current
Prospectus of the Fund, but need not necessarily be the same as would
be charged to a U.S. investor for an order of like amount.
4. We reserve the right to cancel this agreement at any time without
notice if any Shares shall be offered for sale by you at less than the
then net asset value determined by or for the respective Funds.
5. Under this agreement you act as principal and are not employed by us as
broker, agent or employee; you are not authorized to act for us nor to
make any representations on our behalf; and in purchasing or selling
Shares hereunder you rely only upon the current Prospectus and
Statement of Additional Information and upon such written
representations as may hereafter be made by us to you over our
signature. You also agree that every effort shall be made by you to
place Shares on an investment basis.
6. You agree that although you are not a member of the National
Association of Securities Dealers, Inc., you will abide by the Rules of
Fair Practice of such Association, including, without limitation, the
following provision:
(a) You shall not withhold placing customers'; orders for any
Shares so as to profit yourself as a result of such respective
Funds except for the purpose of covering purchase orders
already received, and you shall not purchase any Shares from
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us other than for investment except for the purpose of
covering purchase orders already received; and
(b) Neither party to this agreement shall, as principal, purchase
any Shares from a record holder at a price lower than the net
asset value next computed by or for the issuer thereof.
Nothing in this subparagraph shall prevent you from selling
Shares for the account of a record holder to us or the issuer
thereof at the net asset value then quoted by or for such
issuer and charging the investor a fair commission for
handling the transaction.
You further agree that in selling Shares to a U.S. national,
you will not charge a sales charge in excess of that stated in
the Prospectus of the applicable Fund.
7. Either party hereto may cancel this agreement upon ten days' written
notice.
8. This agreement shall be binding upon receipt by us in San Francisco,
California, of a counterpart hereof duly accepted and signed by you,
and shall be construed in accordance with the laws of California.
Accepted:
____________________ GT GLOBAL, INC.
Company Name
By: ____________________ By: ____________________
Signature
____________________
Print Name and Date
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