Selling Agreements Sample Clauses

Selling Agreements. Distributor is authorized, as agent on behalf of each Fund, to enter into agreements with other broker-dealers providing for the solicitation of unconditional orders for purchases of Fund's Shares authorized for issuance and registered under SA-33. All such agreements shall be either in the form of agreement attached hereto or in such other form as may be approved by the officers of the Fund ("Selling Agreement"). All solicitations made by other broker-dealers pursuant to a Selling Agreement shall be subject to the same terms of this Agreement which apply to solicitations made by Distributor.

Selling Agreements. The Selling Agreements identify the duties and responsibilities of the Parties and Broker/Dealers relating to the solicitation and sale of the Contracts. All terms of the Selling Agreements are incorporated herein by reference.

Selling Agreements. PEN is hereby authorized to enter into separate written agreements, on such terms and conditions as PEN determines are not inconsistent with this Agreement, with such organizations which agree to participate as a general agent and/or broker-dealer in the distribution of the Contracts and to use their best efforts to solicit applications for Contracts. Any such broker- dealer (hereinafter "Broker") shall be both registered as a broker-dealer under the Securities Exchange Act and a member of the NASD. PEN shall be responsible for ensuring that Broker and its agents or representatives and general agent and its sub- agents soliciting applications for Contracts shall be duly and appropriately licensed, registered and otherwise qualified for the sale of the Contracts (and the riders and other contracts offered in connection therewith) under the insurance laws and any applicable blue sky laws of each state or other jurisdiction in which such policies may be lawfully sold and in which Pacific Mutual is licensed to sell such Contracts. Pacific Mutual shall undertake to appoint Broker's qualified agents or representatives and general agent's sub- agents as life insurance agents of Pacific Mutual, provided that Pacific Mutual reserves the right to refuse to appoint any proposed representative, agent, or sub-agent, or once appointed, to terminate such appointment. PEN shall be responsible for ensuring that Broker and general agent supervise its agents, representatives, or sub-agents.

Selling Agreements. 7 Section 3.2. Exclusive Distribution Arrangements................................................ 7 Section 3.3. Non-Exclusive Distribution Arrangements............................................ 8 Section 3.4.

Selling Agreements. PEN is hereby authorized to enter into separate written agreements, on such terms and conditions as PEN determines are not inconsistent with this Agreement, with such organizations which agree to participate as a general agent and/or broker-dealer in the distribution of the Contracts and to use their best efforts to solicit applications for Contracts. Any such broker-dealer (hereinafter "Broker") shall be both registered as a broker-dealer under the 1934 Act and a member of the NASD. Except as provided in Section 3 hereof, PEN shall be responsible for ensuring that Broker and its agents of representatives and general agent and its sub-agents soliciting applications for Contracts shall be duly and appropriately licensed, registered and otherwise qualified for the sale of any such Contracts (and the riders and other contracts offered in connection therewith) under the annuity laws and any applicable blue sky laws of each state or other jurisdiction in which such Contracts may be lawfully sold and in which Pacific Mutual is licensed to sell such Contracts. Pacific Mutual shall undertake to appoint Broker's qualified agents or representatives and general agent's sub- agents as life insurance agents of Pacific Mutual, provided that Pacific Mutual reserves the right to refuse to appoint any proposed representative, agent, or sub-agent, or once appointed, to terminate such appointment. PEN shall be responsible for ensuring that Broker and general agent supervise its agents, representatives, or sub-agents.

Selling Agreements. Distributor is hereby authorized to enter into separate ------------------ written agreements, on such terms and conditions as Distributor determines are not inconsistent with this Agreement, with such organizations which agree to participate as a general agent and/or broker-dealer in the distribution of the Contracts and to use their best efforts to solicit applications for Contracts. Any such broker-dealer (hereinafter "Broker") shall be both registered as a broker-dealer under the Securities Exchange Act and a member of the NASD. Distributor shall be responsible for ensuring that Broker and its agents or representatives and general agent and its sub- agents soliciting applications for Contracts shall be duly and appropriately licensed, registered and otherwise qualified for the sale of the Contracts (and the riders and other contracts offered in connection therewith) under the insurance laws and any applicable blue sky laws of each state or other jurisdiction in which such policies may be lawfully sold and in which PL&A is licensed to sell such Contracts. PL&A shall undertake to appoint Broker's qualified agents or representatives and general agent's sub-agents as life insurance agents of PL&A, provided that PL&A reserves the right to refuse to appoint any proposed representative, agent, or sub-agent or once appointed, to terminate such appointment. Distributor shall be responsible for ensuring that Broker and general agent supervise its agents, representatives, or sub- agents. Distributor is also authorized to enter into separate written agreements, on such terms and conditions as Distributor determines are not inconsistent with this Agreement, with such organizations ("Wholesalers") that agree to participate in the distribution of the Contracts and to use their best efforts to solicit Brokers and general agents that, in turn, will solicit applications of the Contracts.

Selling Agreements. The Distributor is authorized to enter into written agreements (“Sales Agreements”) with banks, broker/dealers, insurance companies, registered investment advisers and other financial institutions (collectively, “Intermediaries”), on terms and conditions consistent with this Agreement and all applicable laws, regulations and exemptive relief, and to fix therein the portion of the sales charge, if any, that may be allocated to the Intermediaries on such terms and conditions as the Distributor will deem necessary or appropriate. The Sales Agreements may be on the general forms that are approved by the Board (as defined below). The Distributor also may enter into other forms of agreements relating to selling agent activities and support as it deems appropriate, provided that the Distributor determines that the Fund’s responsibility or liability to any person under, or on account of any acts or statements of any such Intermediary under, any such agreement does not exceed its responsibility or liability under the general form(s) of Sales Agreement approved by the Board, and provided further that the Distributor determines that the overall terms of any such agreement are not materially less advantageous to the Fund than the overall terms of the general form(s) of Sales Agreement approved by the Board. Shares sold to Intermediaries will be for resale by such Intermediaries only at the public offering price set forth in the applicable Prospectus or as otherwise permissible under the federal and state securities laws. With respect to Intermediaries who are acting as brokers or dealers within the United States, the Distributor will offer and sell Shares, as agent for the Fund, only to such Intermediaries who are members in good standing of FINRA. The Fund acknowledges that Distributor may act as the Fund’s agent for transmitting, or arranging for transmission of, distribution fees to be paid to Intermediaries in accordance with arrangements between the Distributor and such Intermediaries. The Distributor will require that all Sales Agreements require Intermediaries to offer Shares only to those persons the Distributor or Intermediary making such offering of Shares (a) meeting the investor eligibility standards, if any, set forth in the Prospectus and (b) who subscribe for no less than the minimum denominations as specified in the Prospectus or as the Fund or Distributor shall advise. Distributor will act only on its own behalf as principal if it chooses to enter int...

Selling Agreements. Subject to the supervisory authority of the Trustees of, and on such terms as are authorized by, the Trust, the Distributor may enter into agreements with financial or investment consultants, brokers, dealers or other ("Selling Dealers") for the provision of distribution services related to the sale of Shares as well as other shareholder services as agreed by the affected parties. The Distributor will only act as principal in entering into such agreement.

Selling Agreements. INGAE is authorized to enter into separate written agreements, on such terms and conditions as INGAE determines are consistent with this Agreement, with such qualified entities which agree to participate as a general agent or broker/dealer, as appropriate, in the distribution of the Contracts and to use their best efforts to solicit applications for Contracts. Each such broker/dealer ("Broker/Dealer") shall be registered as a broker/dealer under the 1934 Act and shall be a member in good standing of the NASD. INGAE is responsible for ensuring that Broker/Dealer and its agents or representatives and general agents and sub-agents soliciting applications for Contracts shall be duly and appropriately licensed, registered and otherwise qualified for sale of the Contracts under the insurance laws and applicable securities laws of each state or jurisdiction in which such Contracts may lawfully be sold and in which ING Reliastar NY is authorized to sell such contracts. ING Reliastar NY shall undertake to appoint Broker/Dealer's qualified agents or representatives and general agents and sub-agents as life insurance agents of ING Reliastar NY, provided that ING Reliastar NY reserves the right to refuse to appoint any representative, agent, or sub-agent, or once appointed, to terminate such appointment. INGAE shall be responsible for ensuring that Broker/Dealer and general agents supervise their agents, representatives and sub-agents. INGAE is authorized to enter into separate written agreements on such terms and conditions as INGAE determines are consistent with this agreement with such entities that agree to participate in the distribution of the Contracts and will use its best efforts to solicit Broker/Dealers and general agents who will in turn solicit applications of the Contracts ("Wholesalers").