Common use of Qualification to Act Clause in Contracts

Qualification to Act. You represent that you are either (a) a member in good standing of the National Association of Securities Dealers, Inc. (the "NASD") or (b) a bank as defined in Section 3(a)(6) of the Securities Exchange Act of 1934, as amended, and have been duly authorized by proper corporate action to enter into this Agreement and to perform your obligations hereunder, evidence of which corporate action shall be properly maintained and made part of your corporate records. If you are a member of the NASD, your expulsion or suspension from the NASD will automatically terminate this Agreement on the effective date of such expulsion or suspension. If you are a bank, or a subsidiary or an affiliate of a bank, you represent that you possess the legal authority to perform the services contemplated by this Agreement without violating applicable banking laws and regulations, and this Agreement shall automatically terminate in the event that you no longer possess such authority. 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. If you are a member of the NASD, you agree that in performing the services under this Agreement, you at all times will comply with the Conduct Rules of the NASD and any other regulations or guidelines issued by the NASD. You agree that you will not combine customer orders to reach breakpoints in commissions for any purposes whatsoever unless authorized by the then current Prospectus in respect of Shares of a particular class 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 Prospectus and provisions of the Agreement.

Qualification to Act. You represent that you are either (a) a member in -------------------- good standing of the National Association of Securities Dealers, Inc. (the "NASD") or (b) a bank as defined in Section 3(a)(6) of the Securities Exchange Act of 1934, as amended, and have been duly authorized by proper corporate action to enter into this Agreement and to perform your obligations hereunder, evidence of which corporate action shall be properly maintained and made part of your corporate records. If you are a member of the NASD, your expulsion or suspension from the NASD will automatically terminate this Agreement on the effective date of such expulsion or suspension. If you are a bank, or a subsidiary or an affiliate of a bank, you represent that you possess the legal authority to perform the services contemplated by this Agreement without violating applicable banking laws and regulations, and this Agreement shall automatically terminate in the event that you no longer possess such authority. 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. If you are a member of the NASD, you agree that in performing the services under this Agreement, you at all times will comply with the Conduct Rules of Conduct of the NASD NASD, including, without limitation, the provisions of Rule of Conduct 2830 of such Rules and any other regulations or guidelines issued by the NASD. You agree that you will not combine customer orders to reach breakpoints in commissions for any purposes whatsoever unless authorized by the then current Prospectus in respect of Shares of a particular class 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, sales which we reasonably determine are not made in accordance with the terms of the Prospectus and provisions of the Agreement.

Qualification to Act. You represent Each party to this Agreement represents to the other party that you are it is either (a) a registered broker-dealer under the Securities Exchange Act of 1934, as amended (the “Exchange Act”) or (b) a “bank” as defined in Section 3(a)(6) of the Exchange Act that is not required to register as a broker-dealer under the Exchange Act. Each party further represents to the other party that it has been duly authorized to enter into this Agreement and to perform its obligations hereunder. If the party is a registered broker-dealer, such party represents that it is qualified to act as a broker-dealer in the states where it transacts business, and it is a member in good standing of the National Association of Securities Dealers, Inc. (“NASD”). It agrees to maintain its broker/dealer registration and qualifications and its NASD membership in good standing throughout the "NASD") term of this Agreement. . This Agreement will terminate automatically without notice in the event that either party’s NASD membership is terminated or (b) suspended. You agree to notify the Distributor in writing of any such action or event that shall cause termination of this Agreement. You agree that each partner, director, officer, employee or agent of yours who will participate or otherwise be involved in the offer or sale of the shares of the Fund or the performance by you of your duties and activities under this Agreement is either appropriately licensed or exempt from such licensing requirements by the appropriate regulatory agency of each state or other jurisdiction in which you offer and sell Shares of the Fund. If you are a “bank”, you agree to comply with all applicable federal and state laws, including the rules and regulations of all applicable federal and state bank regulatory agencies and authorities. This Agreement will terminate automatically without notice in the event that you cease to be a “bank” as defined in Section 3(a)(6) of the Securities Exchange Act or in the event that you become subject to broker/dealer registration requirements under the Exchange Act and fail to be so registered. You agree that in performing the services under this Agreement, you at all times will comply with the Conduct Rules of 1934the NASD, as amendedparticularly Conduct Rule 2830, and any other regulations or guidelines issued by the NASD. Without limiting the generality of the foregoing, you agree, to the extent required by applicable law and your applicable federal or state regulator, to provide your Customers a written notice regarding the availability of the NASD Regulation Public Disclosure Program no less than once every calendar year pursuant to NASD Conduct Rule 2280. The notice shall contain (i) the Program hotline telephone number; (ii) the NASD Regulation web site address; and (iii) a statement as to the availability to your Customers of an investor brochure from the NASD that includes information describing the Public Disclosure Program. You agree that you are responsible for knowing the provisions and policies of the Fund related to breakpoints, if any, and for applying those provisions and policies to the sale of shares to Customers. Moreover, you agree that you will not combine customer orders to reach breakpoints in commissions or for any other purposes whatsoever unless authorized by the then current Prospectus or by the Distributor in writing. Finally, you agree to maintain policies and procedures, including supervisory procedures, reasonably designed to ensure that customers are apprised of, and receive, breakpoint opportunities. You agree to provide the Distributor, upon reasonable request, with a copy of such policies and procedures and such other documentation that will allow us to satisfy the Distributor supervisory and/or compliance obligations under the applicable laws, rules and regulations of the NASD and the SEC. You agree to be bound by and to comply with all applicable federal and state laws and rules and regulations promulgated thereunder generally affecting the sale or distribution of mutual fund shares or classes of such shares. You represent and warrant that you have been duly authorized by proper corporate action to enter into this Agreement and to perform your obligations hereunder, evidence of which corporate action shall be properly maintained and made part of your corporate records. If you are a member of the NASD, your expulsion or suspension from the NASD will automatically terminate this Agreement on the effective date of such expulsion or suspension. If you are a bank, or a subsidiary or an affiliate of a bank, you represent that you possess the legal authority to perform the services contemplated by this Agreement without violating applicable banking laws and regulations, and this Agreement shall automatically terminate in the event that you no longer possess such authority. 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. If you are a member of the NASD, you agree that in performing the services under this Agreement, you at all times will comply with the Conduct Rules of the NASD and any other regulations or guidelines issued by the NASD. You agree that you will not combine customer orders to reach breakpoints in commissions for any purposes whatsoever unless authorized by the then current Prospectus in respect of Shares of a particular class 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 Prospectus and provisions of the Agreement.

Qualification to Act. You represent AIGES represents that you are either (a) it is a member in good standing of the National Association of Securities Dealers, Inc. (the "NASD") or (b) a bank as defined in Section 3(a)(6) of the Securities Exchange Act of 1934, as amended, and have has been duly authorized by proper corporate action to enter into this Agreement and to perform your its obligations hereunder, evidence of which corporate action shall be properly maintained and made part of your its corporate records. If you are a member of the NASD, your AIGES' expulsion or suspension from the NASD will automatically terminate this Agreement on the effective date of such expulsion or suspension. If you are a bank, or a subsidiary or an affiliate of a bank, you represent AIGES agrees that you possess the legal authority to perform the services contemplated by this Agreement without violating applicable banking laws and regulations, and this Agreement shall automatically terminate in the event that you no longer possess such authority. You agree that you it will not offer Shares to persons in any jurisdiction in which you it may not lawfully make such offer due to the fact that you have it has not registered under, or are is not exempt from, the applicable registration or licensing requirements of such jurisdiction. If you are a member of the NASD, you agree AIGES agrees that in performing the services under this Agreement, you it will at all times will comply with the Conduct Rules of the NASD NASD, including, without limitation, the provisions of Section 26 of such Rules and any other regulations or guidelines issued by the NASD. You agree AIGES also agrees that you it will not combine customer forward orders to reach breakpoints in commissions for any purposes whatsoever unless authorized by the then current Prospectus in respect of Shares of a particular class or by us in writing. You also agree that you will place orders immediately Trust's transfer agent promptly upon their receipt and will not withhold any order so as to profit therefrom. AIGES shall require each Financial Institution that enters into a sub-distribution agreement relating to Shares and that is not a bank to make substantively similar representations as AIGES has made in this Section 6. AIGES shall require each Financial Institution that enters into a sub-distribution agreement relating to Shares and that is a bank, to make similar representations as AIGES has made in this Section 6 to the extent appropriate for banks. In determining the amount payable to you AIGES hereunder, we reserve the Distributor reserves the right to exclude any sales, sales which we the Distributor reasonably determine determines are not made in accordance with the terms of the appropriate Prospectus and provisions of the this Agreement.

Qualification to Act. You represent that you are either (a) a member in good standing of the National Association of Securities Dealers, Inc. (the "NASD") or (b) exempt under federal and state securities laws from registration as a bank as defined in Section 3(a)(6) of the Securities Exchange Act of 1934, as amendedbroker or dealer, and have been duly authorized by proper corporate action to enter into this Agreement and to perform your obligations hereunder, evidence of which corporate action shall be properly maintained and made part of your corporate records. If you are a member of the NASD, your expulsion or suspension from the NASD will automatically terminate this Agreement on the effective date of such expulsion or suspension. If you are exempt under federal and state securities laws from registration as a bank, broker or a subsidiary or an affiliate of a bankdealer, you represent that you possess the legal authority to perform the services contemplated by this Agreement without violating applicable banking laws and regulationslaw, and this Agreement shall automatically terminate in the event that you no longer possess such authority. 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. If you are a member You agree to notify the Distributor in writing of the NASD, you agree any such action or event that in performing the services under shall cause termination of this Agreement, you at all times will comply with the Conduct Rules of the NASD and any other regulations or guidelines issued by the NASD. You agree that each partner, director, officer, employee or agent of yours who will participate or otherwise be involved in the offer or sale of the Shares of the Fund or the performance by you will not combine customer orders to reach breakpoints in commissions for any purposes whatsoever unless authorized of your duties and activities under this Agreement is either appropriately licensed or exempt from such licensing requirements by the then current Prospectus appropriate regulatory agency of each state or other jurisdiction in respect of which you offer and sell Shares of a particular class 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 Prospectus and provisions of the AgreementFund.

Qualification to Act. You represent that you are either (a) a member in good standing of the National Association of Securities Dealers, Inc. (the "“NASD"”) or (b) exempt under federal and state securities laws from registration as a bank as defined in Section 3(a)(6) of the Securities Exchange Act of 1934, as amendedbroker or dealer, and have been duly authorized by proper corporate action to enter into this Agreement and to perform your obligations hereunder, evidence of which corporate action shall be properly maintained and made part of your corporate records. If you are a member of the NASD, your expulsion or suspension from the NASD will automatically terminate this Agreement on the effective date of such expulsion or suspension. If you are exempt under federal and state securities laws from registration as a bank, broker or a subsidiary or an affiliate of a bankdealer, you represent that you possess the legal authority to perform the services contemplated by this Agreement without violating applicable banking laws and regulationslaw, and this Agreement shall automatically terminate in the event that you no longer possess such authority. 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. If you are a member You agree to notify the Distributor in writing of any such action or event that shall cause termination of this Agreement. You agree that each partner, director, officer, employee or agent of yours who will participate or otherwise be involved in the offer or sale of the NASD, Shares of the Fund or the performance by you of your duties and activities under this Agreement is either appropriately licensed or exempt from such licensing requirements by the appropriate regulatory agency of each state or other jurisdiction in which you offer and sell Shares of the Fund. You agree that in performing the services under this Agreement, you at all times will comply with the Conduct Rules of the NASD NASD, particularly Conduct Rule 2830, and any other regulations or guidelines issued by the NASD. Without limiting the generality of the foregoing, you agree to provide your Customers a written notice regarding the availability of the NASD Regulation Public Disclosure Program no less than once every calendar year pursuant to NASD Conduct Rule 2280. The notice shall contain (i) the Program hotline telephone number; (ii) the NASD Regulation web site address; and (iii) a statement as to the availability to your Customers of an investor brochure from the NASD that includes information describing the Public Disclosure Program. You agree that you are responsible for knowing the provisions and policies of the Fund related to breakpoints, if any, and for applying those provisions and policies to the sale of shares to Customers. Moreover, you agree that you will not combine customer orders to reach breakpoints in commissions or for any other purposes whatsoever unless authorized by the then current Prospectus in respect of Shares of a particular class or by us in writing. You also further agree that you will not withhold placing Customers’ orders for Shares so as to profit yourself as a result of such withholding or place orders for shares in amounts just below the point at which sales charges are reduced so at to benefit from a higher sales charge applicable to an amount below a breakpoint. You further agree that you will place orders immediately upon their receipt and will not withhold any order so as to profit therefrom. In determining Finally, you agree to maintain policies and procedures, including supervisory procedures, reasonably designed to ensure that customers are apprised of, and receive, breakpoint opportunities. You agree to provide the amount payable Distributor, upon reasonable request, with a copy of such policies and procedures and such other documentation that will allow the Distributor to satisfy the Distributor’s supervisory and/or compliance obligations under the applicable laws, rules and regulations of the NASD and the SEC. You agree to be bound by and to comply with all applicable federal and state laws and rules and regulations promulgated thereunder generally affecting the sale or distribution of mutual fund shares or classes of such shares. You represent and warrant that you have been duly authorized by proper corporate action to enter into this Agreement and to perform your obligations hereunder, we reserve the right to exclude any sales, evidence of which we reasonably determine are not corporate action shall be properly maintained and made in accordance with the terms part of the Prospectus and provisions of the Agreementyour corporate records.