Common use of Exclusive Nature of Duties Clause in Contracts

Exclusive Nature of Duties. The Distributor shall be the exclusive principal underwriter and distributor of each Fund, except that the exclusive rights granted to the Distributor to sell the Shares shall not apply to Shares issued by each Fund: (i) in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding shares of any such company by the Fund; (ii) pursuant to reinvestment of dividends or capital gains distributions; or (iii) pursuant to the reinstatement privilege afforded redeeming shareholders. SECTION 3.

Appears in 66 contracts

Samples: Dean Witter Funds Distribution Agreement Agreement (Witter Dean High Yield Securities Inc), Dean Witter Funds (Dean Witter California Tax Free Income Fund), Distribution Agreement Agreement (TCW/Dw Latin American Growth Fund)

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Exclusive Nature of Duties. The Distributor shall be the exclusive principal underwriter and distributor of each Fund, except that the exclusive rights granted to the Distributor to sell the Shares shall not apply to Shares issued by each Fund: (i) in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding shares of any such company by the Fund; (ii) pursuant to reinvestment of dividends or capital gains distributions; or (iii) pursuant to the reinstatement privilege afforded redeeming shareholders. SECTION 3.

Appears in 31 contracts

Samples: Distribution Agreement (Morgan Stanley Insight Fund), Distribution Agreement (Morgan Stanley Tax Free Daily Income Trust), Distribution Agreement (Morgan Stanley Mortgage Securities Trust)

Exclusive Nature of Duties. The Distributor shall be the exclusive principal underwriter and distributor of each the Fund, except that the exclusive rights granted to the Distributor to sell the Shares shall not apply to Shares issued by each the Fund: (i) in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding shares of any such company by the Fund; or (ii) pursuant to reinvestment of dividends or capital gains distributions; or (iii) pursuant to the reinstatement privilege afforded redeeming shareholders. SECTION 3.

Appears in 15 contracts

Samples: Distribution Agreement (Morgan Stanley Dean Witter Limited Term Municipal Trust), Balanced Fund Distribution Agreement (TCW Dw Balanced Fund), Distribution Agreement (Dean Witter New York Municipal Money Market Trust)

Exclusive Nature of Duties. The Distributor shall be the exclusive principal underwriter and distributor of each Fundthe Trust, except that the exclusive rights granted to the Distributor to sell the Shares shall not apply to Shares issued by each Fundthe Trust: (i) in connection with the merger or consolidation of any other investment company or personal holding company with the Fund Trust or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding shares of any such company by the FundTrust; or (ii) pursuant to reinvestment of dividends or capital gains distributions; or (iii) pursuant to the reinstatement privilege afforded redeeming shareholders. SECTION 3.

Appears in 11 contracts

Samples: Distribution Agreement (Morgan Stanley Select Dimensions Investment Series), Distribution Agreement (Morgan Stanley Variable Investment Series), Distribution Agreement (Morgan Stanley Variable Investment Series)

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Exclusive Nature of Duties. The Distributor shall be the exclusive principal underwriter and distributor of each Fundthe Trust, except that the exclusive rights granted to the Distributor to sell the Shares shall not apply to Shares issued by each the Fund: (i) in connection with the merger or consolidation of any other investment company or personal holding company with the Fund or the acquisition by purchase or otherwise of all (or substantially all) the assets or the outstanding shares of any such company by the Fund; or (ii) pursuant to reinvestment of dividends or capital gains distributions; or (iii) pursuant to the reinstatement privilege afforded redeeming shareholders. SECTION 3.

Appears in 7 contracts

Samples: Equity Trust Distribution Agreement (TCW Dw Mid Cap Equity Trust), Distribution Agreement (Dean Witter High Income Securities Trust), Return Trust Distribution Agreement (TCW Dw Total Return Trust)

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