Common use of Qualification to Act Clause in Contracts

Qualification to Act. You represent that you are a member in good standing of National Association of Securities Dealers, Inc. (the "NASD"). Your expulsion or suspension from the NASD will automatically terminate this Agreement on the effective date of such expulsion or suspension. You agree that you will not offer Shares to persons in any jurisdiction in which you may not lawfully make such offer due to the fact that you have not registered under, or are not exempt from, the applicable registration or licensing requirements of such jurisdiction. You agree that in performing the services under this Agreement, you at all times, will comply with the Conduct Rules (formerly the Rules of Fair Practice) of the NASD, including, without limitation, the provisions of Rule 2830 (formerly Section 26) of such Rules. You agree that you will not combine customer orders to reach breakpoints in commission for any purposes whatsoever unless authorized by the then current Prospectus in respect of a particular class of Shares or by us in writing. You also agree that you will place orders immediately upon their receipt and will not withhold any order so as to profit therefrom. In determining the amount payable to you hereunder, we reserve the right to exclude any sales which we reasonably determine are not made in accordance with the terms of the relevant prospectus and provisions of the Agreement.

Appears in 30 contracts

Samples: Distribution Agreement (Flag Investors Equity Partners Fund Inc), Distribution Agreement (Glenmede Portfolios), Distribution Agreement (Flag Investors Telephone Income Fund Inc)

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Qualification to Act. You represent that you are a member in good standing of the National Association of Securities Dealers, Inc. (the "NASD"). Your expulsion or suspension from the NASD will automatically terminate this Agreement on the effective date of such expulsion or suspension. You agree that you will not offer Shares to persons in any jurisdiction in which you may not lawfully make such offer due to the fact that you have not registered under, or are not exempt from, the applicable registration or licensing requirements of such jurisdiction. You agree that in performing the services under this Agreement, you at all times, times will comply with the NASD's Conduct Rules (formerly the Rules of Fair Practice) of the NASDRules, including, without limitation, the provisions of Rule 2830 (formerly Section 26) of such Rules2830. You agree that you will not combine customer orders to reach breakpoints in commission commissions for any purposes whatsoever unless authorized by the then current Prospectus in respect of Shares of a particular class of Shares or by us in writing. You also agree that you will place orders immediately upon their receipt and will not withhold any order so as to profit therefrom. In determining the amount payable to you hereunder, we reserve the right to exclude any sales which we reasonably determine are not made in accordance with the terms of the relevant prospectus Prospectus and provisions of the Agreement.

Appears in 12 contracts

Samples: Agreement (Flag Investors Real Estate Securities Fund Inc), Distribution Agreement (Flag Investors Real Estate Securities Fund Inc), Flag Investors Maryland Intermediate Tax Free Fund Inc/

Qualification to Act. You represent that you are a member in good standing of the National Association of Securities Dealers, Inc. (the "NASD"). Your expulsion or suspension from the NASD will automatically terminate this Agreement on the effective date of such expulsion or suspension. You agree that you will not offer Shares to persons in any jurisdiction in which you may not lawfully make such offer due to the fact that you have not registered under, or are not exempt from, the applicable registration or licensing requirements of such jurisdiction. You agree that in performing the services under this Agreement, you at all times, times will comply with the Conduct Rules (formerly the Rules of Fair Practice) Practice of the NASD, NASD including, without limitation, the provisions of Rule 2830 (formerly Section 26) 26 of such Rules. You agree that you will not combine customer orders to reach breakpoints in commission commissions for any purposes whatsoever unless authorized by the then current Prospectus in respect of Shares of a particular class of Shares or by us in writing. You also agree that you will place orders immediately upon their receipt and will not withhold any order so as to profit therefrom. In determining the amount payable to you hereunder, we reserve the right to exclude any sales which we reasonably determine are not made in accordance with the terms of the relevant prospectus Prospectus and provisions of the Agreement.

Appears in 11 contracts

Samples: Agency Distribution Agreement (Managed Municipal Fund Inc), Agency Distribution Agreement (North American Government Bond Fund Inc), Distribution Agreement (North American Government Bond Fund Inc)

Qualification to Act. You represent that you are a member in good standing of the National Association of Securities Dealers, Inc. (the "NASD"). Your expulsion or suspension from the NASD will automatically terminate this Agreement on the effective date of such expulsion or suspension. You agree that you will not offer Shares to persons in any jurisdiction in which you may not lawfully make such offer due to the fact that you have not registered under, or are not exempt from, the applicable registration or licensing requirements of such jurisdiction. You agree that in performing the services under this Agreement, you at all times, times will comply with the Conduct Rules (formerly the Rules of Fair Practice) Practice of the NASD, including, without limitation, the provisions of Rule 2830 (formerly Section 26) 26 of such Rules. You agree that you will not combine customer orders to reach breakpoints in commission commissions for any purposes whatsoever unless authorized by the then current Prospectus in respect of Shares of a particular class of Shares or by us in writing. You also agree that you will place orders immediately upon their receipt and will not withhold any order so as to profit therefrom. In determining the amount payable to you hereunder, we reserve the right to exclude any sales which we reasonably determine are not made in accordance with the terms of the relevant prospectus Prospectus and provisions of the Agreement.

Appears in 7 contracts

Samples: Distribution Agreement (Flag Investors Telephone Income Fund Inc), Agency Distribution Agreement (Total Return U S Treasury Fund Inc), Agreement (Total Return U S Treasury Fund Inc)

Qualification to Act. You represent that you are a member in good standing of the National Association of Securities Dealers, Inc. (the "NASD"). Your expulsion or suspension from the NASD will automatically terminate this Agreement on the effective date of such expulsion or suspension. You agree that you will not offer Shares to persons in any jurisdiction in which you may not lawfully make such offer due to the fact that you have not registered under, or are not exempt from, the applicable registration or licensing requirements of such jurisdiction. You agree that in performing the services under this Agreement, you at all times, times will comply with the NASD's Conduct Rules (formerly the Rules of Fair Practice) of the NASDRules, including, without limitation, the provisions of Rule 2830 (formerly Section 26) of such Rules. You agree that you will not combine customer orders to reach breakpoints in commission commissions for any purposes whatsoever unless authorized by the then current Prospectus in respect of Shares of a particular class of Shares or by us in writing. You also agree that you will place orders immediately upon their receipt and will not withhold any order so as to profit therefrom. In determining the amount payable to you hereunder, we reserve the right to exclude any sales which we reasonably determine are not made in accordance with the terms of the relevant prospectus Prospectus and provisions of the Agreement.

Appears in 5 contracts

Samples: Distribution Agreement (Flag Investors Emerging Growth Fund Inc), Distribution Agreement (Flag Investors Maryland Intermediate Tax Free Fund Inc/), Flag Investors Emerging Growth Fund Inc

Qualification to Act. You represent that you are a member in good standing of the National Association of Securities Dealers, Inc. (the "NASD"). Your expulsion or suspension from the NASD will automatically terminate this Agreement on the effective date of such expulsion or suspension. You agree that you will not offer Shares to persons in any jurisdiction in which you may not lawfully make such offer due to the fact that you have not registered under, or are not exempt from, the applicable registration or licensing requirements of such jurisdiction. You agree that in performing the services under this Agreement, you at all times, will comply with the Conduct Rules (formerly the Rules of Fair Practice) of the NASD, including, without limitation, the provisions of Rule 2830 (formerly Section 26) of such Rules. You agree that you will not combine customer orders to reach breakpoints in commission for any purposes whatsoever unless authorized by the then current Prospectus in respect of a particular class of Shares or by us in writing. You also agree that you will place orders immediately upon their receipt and will not withhold any order so as to profit therefrom. In determining the amount payable to you hereunder, we reserve the right to exclude any sales which we reasonably determine are not made in accordance with the terms of the relevant prospectus and provisions of the Agreement.

Appears in 3 contracts

Samples: Funds Distribution Agreement (Bt Institutional Funds), Distribution Agreement (Bt Pyramid Mutual Funds), Investment Funds Distribution Agreement (Bt Investment Funds)

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Qualification to Act. You represent that you are a member in good -------------------- standing of the National Association of Securities Dealers, Inc. (the "NASD"). Your expulsion or suspension from the NASD will automatically terminate this Agreement on the effective date of such expulsion or suspension. You agree that you will not offer Shares to persons in any jurisdiction in which you may not lawfully make such offer due to the fact that you have not registered under, or are not exempt from, the applicable registration or licensing requirements of such jurisdiction. You agree that in performing the services under this Agreement, you at all times, will comply with the Conduct Rules (formerly the Rules of Fair Practice) of the NASD, including, without limitation, the provisions of Rule 2830 (formerly Section 26) of such Rules. You agree that you will not combine customer orders to reach breakpoints in commission for any purposes whatsoever unless authorized by the then current Prospectus in respect of a particular class of Shares or by us in writing. You also agree that you will place orders immediately upon their receipt and will not withhold any order so as to profit therefrom. In determining the amount payable to you hereunder, we reserve the right to exclude any sales which we reasonably determine are not made in accordance with the terms of the relevant prospectus and provisions of the Agreement.

Appears in 1 contract

Samples: Investment Trust Distribution Agreement (Deutsche Asset Management)

Qualification to Act. You represent that you are a member in good standing of National Association of Securities Dealers, Inc. (the "NASD"). Your expulsion or suspension from the NASD will automatically terminate this Agreement on the effective date of such expulsion or suspension. You agree that you will not offer Shares to persons in any jurisdiction in which you may not lawfully make such offer due to the fact that you have not registered under, or are not exempt from, the applicable registration or licensing requirements of such jurisdiction. You agree that in performing the services under this Agreement, you at all times, will comply with the Conduct Rules (formerly - B2 - the Rules of Fair Practice) of the NASD, including, without limitation, the provisions of Rule 2830 (formerly Section 26) of such Rules. You agree that you will not combine customer orders to reach breakpoints in commission for any purposes whatsoever unless authorized by the then current Prospectus in respect of a particular class of Shares or by us in writing. You also agree that you will place orders immediately upon their receipt and will not withhold any order so as to profit therefrom. In determining the amount payable to you hereunder, we reserve the right to exclude any sales which we reasonably determine are not made in accordance with the terms of the relevant prospectus and provisions of the Agreement.

Appears in 1 contract

Samples: Distribution Agreement (Flag Investors Real Estate Securities Fund Inc)

Qualification to Act. You represent that you are a member in good standing of the National Association of Securities Dealers, Inc. (the "NASD"). Your expulsion or suspension from the NASD will automatically terminate this Agreement on the effective date of such expulsion or suspension. You agree that you will not offer Shares to persons in any jurisdiction in which you may not lawfully make such offer due to the fact that you have not registered under, or are not exempt from, the applicable registration or licensing requirements of such jurisdiction. You agree that in performing the services under this Agreement, you at all times, will comply with the Conduct Rules (formerly the Rules of Fair Practice) of the NASD, including, without limitation, the provisions of Rule 2830 (formerly Section 26) of such Rules. You agree that you will not combine customer orders to reach breakpoints in commission for any purposes whatsoever unless authorized by the then current Prospectus in respect of a particular class of Shares or by us in writing. You also agree that you will place orders immediately upon their receipt and will not withhold any order so as to profit therefrom. In determining the amount payable to you hereunder, we reserve the right to exclude any sales which we reasonably determine are not made in accordance with the terms of the relevant prospectus and provisions of the Agreement.

Appears in 1 contract

Samples: Agreement (Deutsche Funds Inc)

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