STATUS OF THE DISTRIBUTOR Sample Clauses

STATUS OF THE DISTRIBUTOR. In soliciting offers to purchase the Securities from the Issuer pursuant to this Agreement and in assuming its other obligations hereunder (other than any obligation to purchase Securities pursuant to Section 3 hereof), the Distributor is acting solely as agent for the Issuer and not as principal. In connection with the placement of any Securities by a Distributor, acting as agent, (a) the Distributor will make reasonable efforts to assist the Issuer in obtaining performance by each purchaser whose offer to purchase Securities from the Issuer has been solicited by the Distributor and accepted by the Issuer, but the Distributor shall have no liability to the Issuer in the event any such purchase is not consummated for any reason; and (b) if the Issuer shall default on its obligations to deliver Securities to a purchaser whose offer it has accepted, the Issuer (i) shall hold the Distributor harmless against any loss, claim or damage arising from or as a result of such default by the Issuer, and (ii) in particular, shall pay to the Distributor any commission to which it would be entitled in connection with such sale.
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STATUS OF THE DISTRIBUTOR. The Distributor is a member in good standing of the NASD and a properly registered broker-dealer under the Securities Exchange Act of 1934, as amended. In carrying out this Agreement, the Distributor agrees to abide by the rules and regulations of the NASD and all applicable federal and state laws.
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STATUS OF THE DISTRIBUTOR. In connection with the placement of any Notes by the Distributor, acting as agent, (a) the Distributor will make its best efforts to assist Canada in obtaining performance by each purchaser whose offer to purchase Notes from Canada has been solicited by the Distributor and accepted by Canada, but the Distributor shall have no liability to Canada in the event any such purchase is not consummated for any reason; and (b) if Canada shall default on its obligations to deliver Notes to a purchaser whose offer it has accepted, Canada (i) shall hold the Distributor harmless against any loss, claim or damage arising from or as a result of such default by Canada, and (ii) in particular, shall pay to the Distributor any commission to which they would be entitled in connection with such sale.
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STATUS OF THE DISTRIBUTOR. (a) The relationship between the Distributor and the Supplier shall be that of independent contractors. Nothing contained in this Agreement shall be construed to imply a joint venture or principal-agent relationship between the Parties.
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STATUS OF THE DISTRIBUTOR. In soliciting offers to purchase the Securities from the Issuer pursuant to this Agreement and in assuming its other obligations hereunder (other than any obligation to purchase Securities pursuant to Section 3 hereof), the Distributor is acting solely as agent for the Issuer and not as principal. In connection with the placement of any Securities by a Distributor, acting as agent, (a) the Distributor will make reasonable efforts to assist the Issuer in obtaining performance by each purchaser whose offer to purchase Securities from the Issuer has been solicited by the Distributor and accepted by the Issuer, but the Distributor shall have no liability to the Issuer in the event any such purchase is not consummated for any reason; and
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Related to STATUS OF THE DISTRIBUTOR

  • Duties of the Distributor (a) The Distributor shall sell shares of each Fund through DWR and may sell shares through other securities dealers and its own Account Executives, and shall devote reasonable time and effort to promote sales of the Shares, but shall not be obligated to sell any specific number of Shares. The services of the Distributor hereunder are not exclusive and it is understood that the Distributor may act as principal underwriter for other registered investment companies, so long as the performance of its obligations hereunder is not impaired thereby. It is also understood that Selected Dealers, including DWR, may also sell shares for other registered investment companies.

  • Appointment of the Distributor The Fund hereby appoints the Distributor as the principal underwriter and distributor of the Shares of the Fund to sell Shares to the public on behalf of the Fund and the Distributor hereby accepts such appointment and agrees to act hereunder. The Fund hereby agrees during the term of this Agreement to sell Shares of the Fund through the Distributor on the terms and conditions set forth below.

  • Status of the Company The Members acknowledge that this Agreement creates a partnership for federal income tax purposes. Furthermore, the Members hereby agree not to elect to be excluded from the application of Subchapter K of Chapter 1 of Subtitle A of the Code or any similar state statute.

  • Status of the Advisor The services of the Advisor to the Fund, or with respect to the Portfolio, are not to be deemed exclusive, and the Advisor shall be free to render similar services to others, as long as its services to the Fund or to the Portfolio are not impaired thereby. The Advisor shall be deemed to be an independent contractor and shall, unless otherwise expressly provided or authorized, have no authority to act for or represent the Fund in any way, or otherwise be deemed an agent of the Fund.

  • STATUS OF THE ADVISER The services of the Adviser to the Trust are not to be deemed exclusive, and the Adviser shall be free to render similar services to others so long as its services to the Trust are not, during the term of this Agreement, materially impaired thereby. The Adviser shall be deemed to be an independent contractor and shall, unless otherwise expressly provided or authorized, have no authority to act for or represent the Trust in any way or otherwise be deemed an agent of the Trust.

  • Status of Buyer Buyer is an “accredited investor" within the meaning of Rule 501 promulgated under the Securities Act.

  • Status of Purchaser The Purchaser is a corporation duly incorporated, validly existing and in good standing and has the power and capacity to enter into this Agreement and carry out its terms; and

  • Status of the Parties The status of the parties under this Agreement shall be solely that of independent contractors. No party shall have the right to enter into any agreements on behalf of the other party nor shall it represent to any person that it has such right or authority. The parties, through their duly authorized representatives, and intending to be legally bound, have executed this Agreement, as of the date and year first above written, whereupon it became effective in accordance with its terms. RESEARCH FRONTIERS INCORPORATED By:_/s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx, President Date: October 25, 2005 SPD CONTROL SYSTEMS CORPORATION By: /s/ Xxx Xxxxxxxxx Xxx Xxxxxxxxx, Chairman Date: October 20, 2005 Schedule A (As of October 25, 2005) LIST OF UNITED STATES, INTERNATIONAL AND FOREIGN PATENTS AND PATENT APPLICATIONS Date Expiration Patents in the United States Issued Date 5,764,402 Xxxx-Xxxxxxxx Xxxxxx; Xxxxxx Xxxxx "Optical Cell Control System" 06/09/98 04/24/15 6,804,040 Xxxxxx X. Xxxxxxx, et al "Method and Device for Controlling Voltage Provided to a Suspended Particle Device"10/12/04 02/13/23 6,897,997 Xxxxxx X. Xxxxxxx "Method and Device for Controlling Voltage Provided to a Suspended Particle Device" 05/24/05 02/13/23 (continuation-in-part of 6,804,040) PENDING UNITED STATES APPLICATIONS Serial Number Filing Date [Confidential Information Omitted and filed separately with the Securities and Exchange Commission] PENDING INTERNATIONAL APPLICATIONS Serial Number Filing Date [Confidential Information Omitted and filed separately with the Securities and Exchange Commission] Patent Number or Country Serial Number Issued Filed Expiration [Confidential Information Omitted and filed separately with the Securities and Exchange Commission] FOREIGN PATENTS AND PATENT APPLICATIONS Patent Number or Country Serial Number Issued Filed Expiration

  • Tax Status of the Fund The Fund will qualify as a Regulated Investment Company within the meaning of Section 851(a) of the Code and the dividends made with respect to the VRDP Shares will qualify as tax exempt dividends to the extent designated by the Fund.

  • PAYMENT OF THE DISTRIBUTOR UNDER THE PLAN 8.1 The Fund shall pay to the Distributor as compensation for services under any Plans adopted by the Fund and this Agreement a distribution and service fee with respect to the Fund's classes and/or series of Shares as described in each of the Fund's respective Plans and this Agreement.

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