Common use of Exclusive Nature of Duties Clause in Contracts

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund to act as principal underwriter and distributor except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the Fund, (b) the Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the Fund's shareholders of dividends or other distributions.

Appears in 27 contracts

Samples: Distribution Services Agreement (Ab Institutional Funds Inc), Distribution Services Agreement (Ab Sustainable Global Thematic Fund, Inc.), Distribution Services Agreement (Ab Equity Income Fund Inc)

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Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the shares except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the Fund, (b) the Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the Fund's shareholders of dividends or other distributions.

Appears in 22 contracts

Samples: Distribution Services Agreement (Alliance Real Estate Investment Institutional Fund), Distribution Services Agreement (Alliance Regent Sector Opportunity Fund Inc), Distribution Services Agreement (Alliance Global Growth Trends Fund Inc)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund to act as principal underwriter and distributor except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the Fund, (b) the Fund's ’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the Fund's ’s shareholders of dividends or other distributions.

Appears in 15 contracts

Samples: Distribution Services Agreement (Ab Cap Fund, Inc.), Distribution Services Agreement (Ab Cap Fund, Inc.), Distribution Services Agreement (Ab Variable Products Series Fund, Inc.)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund Trust to act as principal underwriter and distributor except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the a Fund, (b) the a Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock shares of any other investment company or (c) the reinvestment in shares by the a Fund's shareholders of dividends or other distributions.

Appears in 5 contracts

Samples: Distribution Services Agreement (Ab Portfolios), Distribution Agreement (AllianceBernstein Pooling Portfolios), Distribution Services Agreement (Alliance Portfolios)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the shares except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the Funda Portfolio, (b) the Fund's a Portfolio’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the Fund's ’s shareholders of dividends or other distributions.

Appears in 4 contracts

Samples: Distribution Services Agreement (Bernstein Sanford C Fund Inc), Distribution Services Agreement (Bernstein Fund Inc), Distribution Services Agreement (Bernstein Sanford C Fund Inc)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund Portfolios to act as principal underwriter and distributor except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the FundFund or a Portfolio, (b) the Fund's or a Portfolio's acquisition by purchase or otherwise of all or substantially all of the assets or stock shares of any other investment company or (c) the reinvestment in shares by the Funda Portfolio's shareholders of dividends or other distributions.

Appears in 3 contracts

Samples: Distribution Services Agreement (Ab Fixed Income Shares Inc), Distribution Services Agreement (Ab Fixed Income Shares Inc), Distribution Agreement (Alliancebernstein Fixed Income Shares Inc)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund to act as principal underwriter and distributor except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the Fund, (b) the Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the Fund's shareholders stockholders of dividends or other distributions.

Appears in 2 contracts

Samples: Distribution Services Agreement (Alliance Global Small Cap Fund Inc), Distribution Services Agreement (Alliance Fund Inc)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund Trust to act as principal underwriter and distributor except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the a Fund, (b) the a Fund's ’s acquisition by purchase or otherwise of all or substantially all of the assets or stock shares of any other investment company or (c) the reinvestment in shares by the a Fund's ’s shareholders of dividends or other distributions.

Appears in 2 contracts

Samples: Distribution and Servicing Plan (Ab Portfolios), Distribution Agreement (Ab Corporate Shares)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund Portfolios to act as principal underwriter and distributor except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the FundFund or a Portfolio, (b) the Fund's ’s or a Portfolio’s acquisition by purchase or otherwise of all or substantially all of the assets or stock shares of any other investment company or (c) the reinvestment in shares by the Fund's a Portfolio’s shareholders of dividends or other distributions.

Appears in 2 contracts

Samples: Distribution Services Agreement (Ab Fixed Income Shares Inc), Distribution Services Agreement (Ab Fixed Income Shares Inc)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund Corporation to act as principal underwriter and distributor of the shares except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the FundCorporation, (b) the Fund's Corporation’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the Fund's Corporation’s shareholders of dividends or other distributions.

Appears in 2 contracts

Samples: Distribution Agreement (Bernstein Sanford C Fund Ii Inc), Distribution Agreement (Bernstein Sanford C Fund Ii Inc)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the the. Fund to act as principal underwriter and distributor of the shares except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the Funda Portfolio, (b) the Fund's a Portfolio’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the Fund's ’s shareholders of dividends or other distributions.

Appears in 1 contract

Samples: Distribution Services Agreement (Bernstein Fund Inc)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund Corporation to act as principal underwriter and distributor of the shares except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the FundCorporation, (b) the FundCorporation's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the FundCorporation's shareholders of dividends or other distributions.

Appears in 1 contract

Samples: Distribution Agreement (Bernstein Sanford C Fund Ii Inc)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the Fund’s Class A shares except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the Fund, (b) the Fund's ’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the Fund's ’s shareholders of dividends or other distributions.

Appears in 1 contract

Samples: Class a Distribution Agreement (Ab Variable Products Series Fund, Inc.)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund Trust to act as principal underwriter and distributor of the shares except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the a Fund, (b) the a Fund's ’s acquisition by purchase or otherwise of all or substantially all of the assets or stock shares of any other investment company or (c) the reinvestment in shares by the Fund's Trust’s shareholders of dividends or other distributions.

Appears in 1 contract

Samples: Distribution Services Agreement (Ab Trust)

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Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund to act as principal underwriter and distributor except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the Fund, (b) the Fund's ’s acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the Fund's shareholders ’s stockholders of dividends or other distributions.

Appears in 1 contract

Samples: Distribution Services Agreement (Ab Discovery Growth Fund, Inc.)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund to act as principal underwriter and distributor except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the Fund, (b) the Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company company, or (c) the reinvestment in shares by the Fund's shareholders of dividends or other distributions.

Appears in 1 contract

Samples: Distribution Services Agreement (Alliance Balanced Shares Inc)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund Trust to act as principal underwriter and distributor of the shares except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the a Fund, (b) the a Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the FundTrust's shareholders of dividends or other distributions.

Appears in 1 contract

Samples: Distribution Services Agreement (Alliancebernstein Trust)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the shares except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the Fund, (b) the Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the Fund's shareholders of dividends or other distributions.in

Appears in 1 contract

Samples: Distribution Services Agreement (Alliance Global Strategic Income Trust Inc)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund Trust to act as principal underwriter and distributor except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the FundTrust, (b) the FundTrust's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the FundTrust's shareholders of dividends or other distributions.

Appears in 1 contract

Samples: Distribution Services Agreement (Afd Exchange Reserves)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund to act as principal underwriter and distributor of the shares except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the Funda Portfolio, (b) the Funda Portfolio's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the Fund's shareholders of dividends or other distributions.

Appears in 1 contract

Samples: Distribution Services Agreement (Bernstein Sanford C Fund Inc)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund Trust to act as principal underwriter and distributor of the Funds except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with any of the FundFunds, (b) the a Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the a Fund's shareholders of dividends or other distributions.

Appears in 1 contract

Samples: Funds Distribution Services Agreement (Forum Funds Inc)

Exclusive Nature of Duties. The Underwriter shall be the exclusive representative of the Fund to act as principal underwriter and distributor except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the Fund, (b) the Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the Fund's shareholders of dividends or other distributions.,

Appears in 1 contract

Samples: Distribution Services Agreement (Alliancebernstein Cap Fund,inc)

Exclusive Nature of Duties. The Underwriter underwriter shall be the exclusive representative of the Fund to act as principal underwriter and distributor except that the rights given under this Agreement to the Underwriter shall not apply to shares issued in connection with (a) the merger or consolidation of any other investment company with the Fund, (b) the Fund's acquisition by purchase or otherwise of all or substantially all of the assets or stock of any other investment company or (c) the reinvestment in shares by the Fund's shareholders of dividends or other distributions.

Appears in 1 contract

Samples: Distribution Services Agreement (Alliance New Europe Fund Inc)

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