Common use of OFFERING OF SHARES Clause in Contracts

OFFERING OF SHARES. No Shares shall be offered by either Provider or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act or if and so long as the current Prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 shall in any way restrict or have an application to or bearing upon the Trust’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus or Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider the Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 5 shall in any way restrict or have an application to or bearing upon the Trust’s 's obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 shall in any way restrict or have an application to or bearing upon the Trust’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus or Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider the Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 5 shall in any way restrict or have an application to or bearing upon the Trust’s 's obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration Articles of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider or the Trust Fund under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust Fund if and so long as the effectiveness of the Registration Statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 shall in any way restrict or have an application to or bearing upon the TrustFund’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus or Declaration Articles of TrustIncorporation.

OFFERING OF SHARES. No Shares shall be offered by either Provider the Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 6 shall in any way restrict or have an application to or bearing upon the Trust’s 's obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider the Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 Section 5 shall in any way restrict or have an application to or bearing upon the Trust’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 Section 6 shall in any way restrict or have an application to or bearing upon the Trust’s 's obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 5 shall in any way restrict or have an application to or bearing upon the Trust’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if if, and so long as as, the effectiveness of the Registration Statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act or Act, or, if and so long as as, the current Prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 shall in any way restrict or have an application to or bearing upon the Trust’s obligation to repurchase Shares from any shareholder Shareholder in accordance with the provisions of the Prospectus or the Trust’s Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider the Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the CommissionSEC; provided, however, that nothing contained in this paragraph 4 5 shall in any way restrict or have an application to or bearing upon the Trust’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if if, and so long as as, the effectiveness of the Registration Statement registration statement then in effect effect, or any necessary amendments thereto thereto, shall be suspended under any of the provisions of the 1933 Act or Act, or, if and so long as the current Prospectus Prospectus, as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 5 shall in any way restrict or have an application to or bearing upon the Trust’s 's obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus or the Trust's Agreement and Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if if, and so long as as, the effectiveness of the Registration Statement registration statement then in effect effect, or any necessary amendments thereto thereto, shall be suspended under any of the provisions of the 1933 Act or Act, or, if and so long as the current Prospectus Prospectus, as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 5 shall in any way restrict or have an application to or bearing upon the Trust’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus or the Trust’s Agreement and Declaration of Trust...

OFFERING OF SHARES. No Shares shall be offered by either Provider or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act or if and so long as the current Prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 shall in any way restrict or have an application to or bearing upon the Trust’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus or Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider the Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 5 shall in any way restrict or have an application to or bearing upon the Trust’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration Articles of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if if, and so long as as, the effectiveness of the Registration Statement registration statement then in effect effect, or any necessary amendments thereto thereto, shall be suspended under any of the provisions of the 1933 Act or Act, or, if and so long as the current Prospectus Prospectus, as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 5 shall in any way restrict or have an application to or bearing upon the Trust’s 's obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus or the Trust's Agreement and Declaration of Trust...

OFFERING OF SHARES. No Shares shall be offered by either Provider Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 Section 5 shall in any way restrict or have an application to or bearing upon the Trust’s 's obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider the Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus, as amended, as required by Section 10 of the 1933 Act, as amended, Act is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 Section 5 shall in any way restrict or have an application to or bearing upon the Trust’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider the Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 5 shall in any way restrict or have an application to or bearing upon the Trust’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider the Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 6 shall in any way restrict or have an application to or bearing upon the Trust’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider or the Trust Fund under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust Fund if and so long as the effectiveness of the Registration Statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 shall in any way restrict or have an application to or bearing upon the TrustFund’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus or Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 shall in any way restrict or have an application to or bearing upon the Trust’s obligation to repurchase redeem Shares from any shareholder in accordance with the provisions of the Prospectus or Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 5 shall in any way restrict or have an application to or bearing upon the Trust’s 's obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration Articles of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider the Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 5 shall in any way restrict or have an application to or bearing upon the Trust’s 's obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration of Trust of the Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider or the Trust Fund under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust Fund if and so long as the effectiveness of the Registration Statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 shall in any way restrict or have an application to or bearing upon the TrustFund’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus or Declaration of Trust.. EXECUTION

OFFERING OF SHARES. No Shares shall be offered by either Provider Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 5 shall in any way restrict or have an application to or bearing upon the Trust’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration Articles of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider the Distributor or the Trust M&I under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust M&I if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 5 shall in any way restrict or have an application to or bearing upon the Trust’s Funds’ obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectus or Declaration articles of Trustincorporation.

OFFERING OF SHARES. No Shares shall be offered by either Provider the Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectus as required by Section 10 of the 1933 Act, as amended, Act is not on file with the Commission; provided, however, that nothing contained in this paragraph 4 Section 6 shall in any way restrict or have an application to or bearing upon the Trust’s obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectuses or Agreement and Declaration of Trust.

OFFERING OF SHARES. No Shares shall be offered by either Provider Distributor or the Trust under any of the provisions of this Agreement and no orders for the purchase or sale of such Shares hereunder shall be accepted by the Trust if and so long as the effectiveness of the Registration Statement registration statement then in effect or any necessary amendments thereto shall be suspended under any of the provisions of the 1933 Act Act, or if and so long as the current Prospectus prospectuses as required by Section 10 of the 1933 Act, as amended, is are not on file with the Commission; provided, however, that nothing contained in this paragraph 4 Paragraph 6 shall in any way restrict or have an application to or bearing upon the Trust’s 's obligation to repurchase Shares from any shareholder in accordance with the provisions of the Prospectus prospectuses or Agreement and Declaration of Trust.