Commission Shares. For each Shareholder Account (other than an Omnibus Account), the Transfer Agent shall maintain daily records of each Commission Share of such Fund which records shall identify each Commission Share of such Fund reflected in such Shareholder Account by the Month of Original Purchase of such Commission Share. For each Omnibus Account, the Transfer Agent shall require that the Sub-transfer Agent in respect thereof maintain daily records of such Sub-shareholder Account which records shall identify each Commission Share of such Fund reflected in such Sub-shareholder Account by the Month of Original Purchase; provided, that until the Sub-transfer Agent in respect of the ML Omnibus Account develops the data processing capability to conform to the foregoing requirements, such Sub-transfer Agent shall maintain daily records of Sub-shareholder Accounts which identify each Commission Share of such Fund reflected in such Sub-shareholder Account by the Date of Original Purchase. Each such Commission Share shall be identified as either a Distributor Share or a Post-distributor Share based upon the Month of Original Purchase of such Commission Share (or in the case of a Sub-shareholder Account within the ML Omnibus Account, based upon the Date of Original Purchase).
Commission Shares. (excluding Omnibus Shares) attributable to the Successor Distributor shall be Commission Shares (excluding Omnibus Shares) the Date of Original Issuance of which occurs on or after the first day on which such Successor Distributor acts as principal underwriter of Shares for such Fund and on or prior to the last day such Successor for Distributor acts as principal underwriter of Shares for such Fund.
Commission Shares. There shall be allocated to the Distributor and each Other Distributor all Commission Shares of such Portfolio which have a Date of Original Issuance which occurs during the period such Distributor or such Other Distributor, as the case may be, was the exclusive distributor for the Shares of the Portfolio, determined in accordance with the transfer agent records maintained for such Portfolio.
Commission Shares. (a) Commission Shares attributed to the Underwriter shall be Commission Shares the Date of Original issuance of which occurred on or after the Inception Date of such Fund and on or prior to the last date on which the Underwriter acted as principal underwriter of Shares of such Fund.
(b) Commission Shares attributable to any Successor Underwriter shall be Commission Shares, the Date of Original Issuance of which occurs after the last date on which the immediately preceding principal underwriter of Shares of such Fund acted as principal underwriter of Shares of such Fund and prior to the last date on which the Successor Underwriter in question acted as principal underwriter of Shares of such Fund.
(c) A Commission Share of a particular Fund (the "Issuing Fund") issued in consideration of the investment of proceeds of the redemption of a Commission Share of another Fund (the "Redeeming Fund") in connection with a Permitted Free Exchange, is deemed to have a Date of Original issuance identical to the Date of Original Issuance of the Commission Share of the Redeeming Fund and any such Commission Share will be attributed to the Underwriter or any Successor Underwriter based upon such Date of Original Issuance in accordance with rules (a) and (b) above.
(d) A Commission Share redeemed (other than in connection with a Permitted Free Exchange) or converted to a class A share is attributable to the Underwriter or any Successor Underwriter based upon the Date of Original Issuance in accordance with rule (a), (b) and (c) above.
Commission Shares. (a) Commission Shares of any Fund attributed to the existing Principal Servicer shall be Commission Shares of such Fund acquired by the existing Principal Servicer, the Date of Original Issuance of which occurred on or after the Inception Date of such Fund and on or prior to the Existing Servicer Cut-Off Date.
(b) Commission Shares of any Fund attributed to any Subsequent Principal Servicer shall be Commission Shares of such Fund, the Date of Original Issuance of which occurs after the Subsequent Principal Servicer Start-Up Date and on or prior to the subsequent Principal Servicer Cut-Off Date.
(c) A Commission Share of a particular Fund (the "Issuing Fund") issued in consideration of the investment of proceeds of the redemption of a Commission Share of another Fund (the "Redeeming Fund") in connection with a Permitted Free Exchange, is deemed to have a Date of Original Issuance identical to the Date of Original Issuance of the Commission Share of the Redeeming Fund and any such Commission Share will be attributed to the existing Principal Servicer or a subsequent Principal Servicer based upon such Date of Original Issuance in accordance with rules (a) and (b) above.
(d) A Commission Share redeemed other than in connection with a Permitted Free Exchange or converted to a Class A Share is attributable to the existing Principal Servicer or a subsequent Principal Servicer based upon the Date of Original Issuance in accordance with rules (a), (b) and (c) above.
Commission Shares. (a) Commission Shares which are not Omnibus Shares attributed to the Distributor shall be Commission Shares which are not Omnibus Shares the Date of Original Issuance of which occurred on or after the Inception Date of such Portfolio and on or prior to the date the Distributor ceased to be the exclusive distributor of Shares of such Portfolio.
(b) Commission Shares which are not Omnibus Shares attributable to each successor Distributor shall be Commission Shares which are not Omnibus Shares, the Date of Original Issuance of which occurs after the date such Successor Distributor became the exclusive distributor of Shares of such Portfolio and on or prior to the date such Successor Distributor ceased to be the exclusive Distributor of Shares of the Fund.
(c) A Commission Share which is not an Omnibus Share of a particular Portfolio (the "Issuing Portfolio") issued in consideration of the investment of proceeds of the redemption of a Commission Share which is not an Omnibus Share of another Portfolio (the "Redeeming Portfolio") in connection with a permitted free exchange, is deemed to have a Date of Original Issuance identical to the Date of Original Issuance of the Commission Share of the Redeeming Portfolio and any such Commission Share will be attributed to the Distributor or Successor Distributor based upon such Date of Original Issuance in accordance with rules (a) and (b) above.
(d) A Commission Share which is not an Omnibus Share redeemed (other than in connection with a permitted free exchange) or converted to a Class A share is attributable to the Distributor or Successor Distributor based upon the Date of Original Issuance in accordance with rule (a), (b) and (c) above.
Commission Shares. Each Commission Share of Fund is specifically tracked, on the records maintained by the Transfer Agent of Sub-Transfer Agents for such Fund with reference to an "original issuance date" (a) of the Commission Share in question or (b) of the Commission Share from which the Commission Share in question derived through one or more Permitted Free Exchanges. The Commission Shares of each class of Shares of each Fund outstanding from time to time attributed to the Distributor shall be: (a) all Commission Shares of such class of such Fund issued, on or prior to the Cutoff Date for such class of such Fund, other than in a Permitted Free Exchange, and (b) those Commission Shares of such class of such Fund that are (i) issued in a Permitted Free Exchange in exchange for (ii) Shares of another Fund that had been attributed to the Distributor in accordance with the preceding clause (a) of this paragraph, in each case determined in accordance with the records maintained by the Transfer Agent or Sub-Transfer Agents for such Fund. For the avoidance of doubt, all Commission Shares issued during periods in which Funds Distributor, Inc., Xxxxxxx Financial Services or WM Fund Services, Inc. served as distributor under the Agreement or any predecessor agreement together with all Commission Shares derived from such Commission Shares, whether pursuant to one or more Permitted Free Exchanges or otherwise, shall be attributed to the Distributor.
(a) those Commission Shares of such class of Shares of such Fund issued, after the Cutoff Date for such class of Shares of such Fund, other than in a Permitted Free Exchange, and (b) those Commission Shares of such class of such Fund that are (i) issued in a Permitted Free Exchange in exchange for (ii) Shares of another Fund that were attributed to an Other Distributor in accordance with the immediately preceding clause (a) of this paragraph, in each case determined in accordance with the records maintained by the Transfer Agent or Sub-Transfer Agents for such Fund.
Commission Shares. (a) Commission Shares of any Fund attributed to the existing Principal Distributor shall be Commission Shares, the Date of Original Issuance of which occurred on or after the Inception Date of such Fund and on or prior to the Existing Distributor Cut-Off Date in respect of such Fund.
(b) Commission Shares of any Fund attributed to any subsequent Principal Distributor shall be Commission Shares of such Fund, the Date of Original Issuance of which occurs after the Subsequent Distributor Start-Up Date and on or prior to the Subsequent Distributor Cut-Off Date.
(c) A Commission Share of a particular Fund (the "Issuing Fund") issued in consideration of the investment of the proceeds of the redemption of a Commission Share of another Fund (the "Redeeming Fund") in connection with a Permitted Free Exchange, is deemed to have a Date of Original Issuance identical to the Date of Original Issuance of the Commission Share of the Redeeming Fund and any such Commission Share will be attributed to the existing Principal Distributor or a subsequent Principal Distributor based upon such Date of Original Issuance in accordance with rules (a) and (b) above.
(d) A Commission Share redeemed other than in connection with a Permitted Free Exchange or converted to a Class A share is attributable to the existing Principal Distributor or a subsequent Principal Distributor based upon the Date of Original Issuance in accordance with rule (a), (b) and (c) above.
Commission Shares. (a) Commission Shares of each class of Shares of each Fund outstanding from time to time attributed to Forum or such Other Distributor shall be those Commission Shares of such class of such Fund which were sold while Forum or such Other Distributor was the exclusive Distributor for such Shares, determined in accordance with the transfer records for such Fund.
(b) The Commission Shares of each class of Shares of each Fund outstanding from time to time attributed to Forum or such Other Distributor shall be the Date of Original Issuance of which occurs during the period in which Forum or such Other Distributor was the exclusive distributor for such Fund in respect of such class of Shares of such Fund.
(c) A Commission Share of a Fund (the "First Fund") issued in consideration of the investment of proceeds of the redemption of a Commission Share of another Fund (the "Second Fund") in connection with a Permitted Free Exchange, is deemed to have a Date of Original Issuance identical to the Date of Original Issuance of the Commission Share of the Second Fund which was so redeemed and any such Commission Share will be attributed to Forum or such Other Distributor based upon such Date of Original Issuance in accordance with rules (a) and (b) above.
(d) A Commission Share of a Fund which is redeemed other than in connection with a Permitted Free Exchange or is converted to a class A share at the end of the autoconversion period is deemed to come out of the Commission Shares attributed to Forum or such Other Distributor based upon the Date of Original Issuance of such Commission Share in accordance with rule (a) above.
Commission Shares. Each Commission Share of each class of Shares of each Fund is specifically tracked by the records maintained by the Transfer Agent or Sub-Transfer Agents for such Fund with reference to an "original issuance date" of the Commission Share in question or of the Commission Share from which the Commission Share in question derived through one or more Permitted Free Exchanges.
(a) Commission Shares of such class of Shares of such Fund issued other than in a Permitted Free Exchange, the issuance of which occurs on or after the Inception Date for such class of Shares of such Fund and on or prior to the Distributor Sale Cutoff Date for such class of Shares of such Fund, and (b) Commission Shares of such class of Shares of such Fund issued in a Permitted Free Exchange for Shares of another Fund which were attributed to the Distributor in accordance with this paragraph (1) of this clause (A), in each case determined in accordance with the records maintained by the Transfer Agent or Sub-Transfer Agents for such Fund. The following Commission Shares of each class of Shares of each Fund outstanding from time to time shall be attributed to the Other Distributors: (a) Commission Shares of such class of Shares of such Fund issued other than in a Permitted Free Exchange, the issuance of which occurs after the Distributor Sale Cutoff Date for such class of Shares of such Fund, and (b) Commission Shares of such class of Shares of such Fund issued in a Permitted Free Exchange for Shares of another Fund which were attributed to the Other Distributors in accordance with this paragraph (1) of this clause (A), in each case determined in accordance with the records maintained by the Transfer Agent or Sub-Transfer Agents for such Fund.
