Common use of Words Clause in Contracts

Words. NEW ENGLAND" AND LOGO. New England Life Insurance Company ("The New England"), the parent of the Distributor, retains proprietary rights in the words "New England" and the ship logos, both of which may be used by the Trust only with the consent of the Distributor, which is authorized by The New England to give such consent as provided herein. The Distributor consents to the use by the Trust of the name "New England Tax Exempt Money Market Trust" or any other name embodying the words "New England" and of The New England's ship logos, in such forms as the Distributor shall in writing approve, but only on condition and so long as (i) this Agreement shall remain in full force and (ii) the Trust shall fully perform, fulfill and comply with all provisions of this Agreement expressed herein to be performed, fulfilled or complied with by it. No such name shall be used by the Trust at any time or in any place or for any purposes or under any conditions except as in this section provided. The foregoing authorization by the Distributor as agent of The New England to the Trust to use said words and ship logos as part of a business or name is not exclusive of the right of the Distributor itself to use, or to authorize others to use, the same; the Trust acknowledges and agrees that as between the Distributor and the Trust, the Distributor has the exclusive right so to use, or authorize others to use, said words and logos, and the Trust agrees to take such action as may reasonably be requested by the Distributor to give full effect to the provisions of this section (including, without limitation, consenting to such use of said words and logos). Without limiting the generality of the foregoing, the Trust agrees that, upon any termination of this Agreement by either party or upon the violation of any of its provisions by the Trust, the Trust will, at the request of the Distributor made within six months after the Distributor has knowledge of such termination or violation, use its best efforts to change the name of the Trust so as to eliminate all reference, if any, to the words "New England" and will not thereafter transact any business in a name containing the words "New England" in any form or combination whatsoever, or designate itself as the same entity as or successor to any entity of such name, or otherwise use the words "New England" or any other reference to the Distributor. Such covenants on the part of the Trust shall be binding upon it, its trustees, officers, shareholders, creditors and all other persons claiming under or through it.

Appears in 1 contract

Samples: Distribution Agreement (Nvest Tax Exempt Money Market Trust)

AutoNDA by SimpleDocs

Words. NEW ENGLANDXxxxxx" AND LOGOand "Xxxxxx". New England Life Insurance Company ("The New England")Distributor and its parent, the parent of the DistributorXxxxxx, retains --------------------------- Xxxxxx & Company, L.P., retain proprietary rights in the words "New EnglandXxxxxx" and the ship logos, both of "Xxxxxx," which may be used by the Trust and the Series only with the consent of the Distributor, which is authorized by The New England to give such consent as provided herein. The Distributor consents to the use by the Trust Series of the name "New England Tax Exempt Money Market TrustXxxxxx Xxxxxx Investment Grade Bond Fund" or any other name embodying the words "New EnglandXxxxxx" and of The New England's ship logos, or "Xxxxxx," in such forms as the Distributor shall in writing approve, but only on condition and so long as (i) this Agreement shall remain in full force and (ii) the Trust shall fully perform, fulfill and comply with all provisions of this Agreement expressed herein to be performed, fulfilled or complied with by it. No such name shall be used by the Trust or the Series at any time or in any place or for any purposes or under any conditions except as in this section provided. The foregoing authorization by the Distributor as agent of The New England to the Trust and the Series to use said words and ship logos or letters as part of a business or name is not exclusive of the right of the Distributor itself to use, or to authorize others to use, the same; the Trust acknowledges and agrees that as between the Distributor and the TrustTrust and the Series, the Distributor has the exclusive right so to use, or authorize others to use, said words and logosletters, and the Trust agrees to take such action as may reasonably be requested by the Distributor to give full effect to the provisions of this section (including, without limitation, consenting to such use of said words and logosor letters). Without limiting the generality of the foregoing, the Trust agrees that, upon any termination of this Agreement by either party or upon the violation of any of its provisions by the Trust, the Trust will, at the request of the Distributor made within six months after the Distributor has knowledge of such termination or violation, use its best efforts to change the name of the Trust and the Series so as to eliminate all reference, if any, to the words "New EnglandXxxxxx" and "Xxxxxx" and will not thereafter transact any business in a name containing the words "New EnglandXxxxxx" or "Xxxxxx" in any form or combination whatsoever, or designate itself as the same entity as or successor to any entity of such name, or otherwise use the words "New EnglandXxxxxx" or "Xxxxxx" or any other reference to the Distributor. Such covenants on the part of the Trust and each Series shall be binding upon it, its trustees, officers, shareholders, creditors and all other persons claiming under or through it.

Appears in 1 contract

Samples: Distribution Agreement (Loomis Sayles Funds)

Words. NEW ENGLAND" AND LOGONvest". New England Life Insurance Company --------------- The Distributor and/or its parent organization and Nvest Companies, L.P. ("The New EnglandNvest"), the parent of the Distributor, retains retain proprietary rights in the words word "New England" and the ship logosNvest", both of which may be used by the Trust and the Series only with the consent of the Distributor, which is authorized by The New England Nvest to give such consent as provided herein. The Distributor consents may consent to the use by the Trust or Series of the name "New England Tax Exempt Money Market Trust" or any other name embodying the words word "New England" and of The New England's ship logosNvest", in such forms as the Distributor shall in writing approve, but only on condition and so long as (i) this Agreement shall remain in full force and (ii) the Trust shall fully perform, fulfill and comply with all provisions of this Agreement expressed herein to be performed, fulfilled or complied with by it. No such name shall be used by the Trust or the Series at any time or in any place or for any purposes or under any conditions except as in this section provided. The foregoing authorization by the Distributor as agent of The New England Nvest to the Trust and the Series to use said words and ship logos or letters as part of a business or name is not exclusive of the right of the Distributor itself to use, or to authorize others to use, the same; the Trust acknowledges and agrees that as between the Distributor and the TrustTrust and the Series, the Distributor has the exclusive right so to use, or authorize others to use, said words and logosletters, and the Trust agrees to take such action as may reasonably be requested by the Distributor to give full effect to the provisions of this section (including, without limitation, consenting to such use of said words and logosor letters). Without limiting the generality of the foregoing, the Trust agrees that, upon any termination of this Agreement by either party or upon the violation of any of its provisions by the Trust, the Trust will, at the request of the Distributor made within six months after the Distributor has knowledge of such termination or violation, use its best efforts to change the name of the Trust and the Series so as to eliminate all reference, if any, to the words word "New EnglandNvest" and will not thereafter transact any business in a name containing the words word "New EnglandNvest" in any form or combination whatsoever, or designate itself as the same entity as or successor to any entity of such name, or otherwise use the words word "New EnglandNvest" or any other reference to the Distributor. Such covenants on the part of the Trust and the Series shall be binding upon it, its trustees, officers, shareholders, creditors and all other persons claiming under or through it.

Appears in 1 contract

Samples: Distribution Agreement (Nvest Companies Trust I)

AutoNDA by SimpleDocs

Words. NEW ENGLANDNew England" AND LOGOand "Nvest" and Letters "TNE". New England Life Insurance Company The Distributor and/or its parent organization and Nvest Companies, L.P. ("The New EnglandNvest"), the parent of the Distributor, retains retain proprietary rights in the words "New England" and "Nvest", the ship logosletters "TNE", both of which may be used by the Trust and the Series only with the consent of the Distributor, which is authorized by The New England Nvest to give such consent as provided herein. The Distributor consents may consent to the use by the Trust Series of the name "New England Tax Exempt Money Market Trust" or any other name embodying the words "New England" and of The New England's ship logosor "Nvest" or the letters "TNE", in such forms as the Distributor shall in writing approve, but only on condition and so long as (i) this Agreement shall remain in full force and (ii) the Trust shall fully perform, fulfill and comply with all provisions of this Agreement expressed herein to be performed, fulfilled or complied with by it. No such name shall be used by the Trust or the Series at any time or in any place or for any purposes or under any conditions except as in this section provided. The foregoing authorization by the Distributor as agent of The New England Nvest to the Trust and the Series to use said words and ship logos or letters as part of a business or name is not exclusive of the right of the Distributor itself to use, or to authorize others to use, the same; the Trust acknowledges and agrees that as between the Distributor and the TrustTrust and the Series, the Distributor has the exclusive right so to use, or authorize others to use, said words and logosletters, and the Trust agrees to take such action as may reasonably be requested by the Distributor to give full effect to the provisions of this section (including, without limitation, consenting to such use of said words and logosor letters). Without limiting the generality of the foregoing, the Trust agrees that, upon any termination of this Agreement by either party or upon the violation of any of its provisions by the Trust, the Trust will, at the request of the Distributor made within six months after the Distributor has knowledge of such termination or violation, use its best efforts to change the name of the Trust and the Series so as to eliminate all reference, if any, to the words "New England" or "Nvest" or the letters "TNE" and will not thereafter transact any business in a name containing the words "New England" or "Nvest" or the letters "TNE" in any form or combination whatsoever, or designate itself as the same entity as or successor to any entity of such name, or otherwise use the words "New England" or "Nvest" or the letters "TNE" or any other reference to the Distributor. Such covenants on the part of the Trust and the Series shall be binding upon it, its trustees, officers, shareholders, creditors and all other persons claiming under or through it.

Appears in 1 contract

Samples: Distribution Agreement (Kobrick Investment Trust)

Time is Money Join Law Insider Premium to draft better contracts faster.