Common use of Commission Shares other than Omnibus Shares Clause in Contracts

Commission Shares other than Omnibus Shares. (a) Commission Shares (excluding Omnibus Shares) attributed to the Distributor shall be Commission Shares (excluding Omnibus 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 day on which the Distributor acts as principal underwriter of Shares for such Fund. (b) 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. (c) A Commission Share (other than an Omnibus 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 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 Distributor or Successor Distributor based upon such Date of Original Issuance in accordance with Part I(a) and (b) above. (d) A Commission Share (other than an Omnibus Share) redeemed (other than in connection with a 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 Part I(a), (b) and (c) above.

Appears in 7 contracts

Samples: Underwriting Agreement (Voya FUNDS TRUST), Underwriting Agreement (Voya EQUITY TRUST), Underwriting Agreement (Voya MUTUAL FUNDS)

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Commission Shares other than Omnibus Shares. (a) Commission Shares (excluding Omnibus Shares) attributed to the Distributor shall be Commission Shares (excluding Omnibus 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 day on which the Distributor acts as principal underwriter of Shares for such Fund. (b) 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. (c) A Commission Share (other than an Omnibus 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 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 Distributor or Successor Distributor based upon such Date of Original Issuance in accordance with Part I(a) and (b) above. (d) A Commission Share (other than an Omnibus Share) redeemed (other than in connection with a 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 Part I(a), (b) and (c) above.

Appears in 5 contracts

Samples: Underwriting Agreement (Ing Equity Trust), Underwriting Agreement (Ing Mutual Funds), Underwriting Agreement (Ing Equity Trust)

Commission Shares other than Omnibus Shares. (a) Commission Shares (excluding Omnibus Shares) attributed to the Distributor IID shall be Commission Shares (excluding Omnibus 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 day on which the Distributor IID acts as principal underwriter of Shares for such Fund. (b) 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. (c) A Commission Share (other than an Omnibus 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 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 IID or the Distributor or Successor Distributor based upon such Date of Original Issuance in accordance with Part I(a) and (b) above. (d) A Commission Share (other than an Omnibus Share) redeemed (other than in connection with a Free Exchange) or converted to a Class A share is attributable to the Distributor IID or a Successor Distributor based upon the Date of Original Issuance in accordance with Part I(aI(1)(a), (b) and (c) above.

Appears in 2 contracts

Samples: Underwriting Agreement (Voya SENIOR INCOME FUND), Underwriting Agreement (Ing Senior Income Fund)

Commission Shares other than Omnibus Shares. (a) Commission Shares (excluding Omnibus Shares) attributed to the Distributor VID shall be Commission Shares (excluding Omnibus 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 day on which the Distributor VID acts as principal underwriter of Shares for such Fund. (b) 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. (c) A Commission Share (other than an Omnibus 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 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 VID or the Distributor or Successor Distributor based upon such Date of Original Issuance in accordance with Part I(a) and (b) above. (d) A Commission Share (other than an Omnibus Share) redeemed (other than in connection with a Free Exchange) or converted to a Class A share is attributable to the Distributor VID or a Successor Distributor based upon the Date of Original Issuance in accordance with Part I(aI(1)(a), (b) and (c) above.

Appears in 1 contract

Samples: Underwriting Agreement (Voya SENIOR INCOME FUND)

Commission Shares other than Omnibus Shares. (a) Commission Shares (excluding Omnibus Shares) attributed to the Distributor shall be Commission Shares (excluding Omnibus 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 day on which the Distributor acts as principal underwriter of Shares for such Fund. (b) 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. (c) A Commission Share (other than an Omnibus 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 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 Distributor or Successor Distributor based upon such Date of Original Issuance in accordance with Part I(a) and (b) above. (d) A Commission Share (other than an Omnibus Share) redeemed (other than in connection with a 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 Part I(a), (b) and (c) above.

Appears in 1 contract

Samples: Underwriting Agreement (Ing Mutual Funds)

Commission Shares other than Omnibus Shares. (a) Commission Shares (excluding which are not Omnibus Shares) Shares attributed to the Distributor PSI shall be Commission Shares (excluding which are not Omnibus Shares) 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 day on which the Distributor PSI acts as principal underwriter of Shares for such Fund. (b) Commission Shares (excluding which are not Omnibus Shares) Shares attributable to the Successor Distributor shall be Commission Shares (excluding which are not 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. (c) A Commission Share (other than an which are not Omnibus Share) Shares of a particular Fund (the "Issuing Fund") issued in consideration of the investment of proceeds of the redemption of a Commission Share which are not Omnibus Shares of another Fund (the "Redeeming Fund") in connection with a 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 PSI or the Distributor or Successor Distributor based upon such Date of Original Issuance in accordance with Part I(a) and (b) above. (d) A Commission Share (other than an which are not Omnibus Share) Shares redeemed (other than in connection with a Free Exchange) or converted to a Class A share is attributable to the Distributor PSI or Successor Distributor based upon the Date of Original Issuance in accordance with Part I(a), (b) and (c) above.

Appears in 1 contract

Samples: Underwriting Agreement (Ing Investment Funds Inc)

Commission Shares other than Omnibus Shares. (a) Commission Shares (excluding Omnibus Shares) attributed to the Distributor IPSI shall be Commission Shares (excluding Omnibus 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 day on which the Distributor IPSI acts as principal underwriter of Shares for such Fund. (b) 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. (c) A Commission Share (other than an Omnibus Share) of a particular Fund (the “Issuing Fund”"ISSUING FUND") issued in consideration of the investment of proceeds of the redemption of a Commission Share of another Fund (the “Redeeming Fund”"REDEEMING FUND") in connection with a 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 IPSI or the Distributor or Successor Distributor based upon such Date of Original Issuance in accordance with Part I(a) and (b) above. (d) A Commission Share (other than an Omnibus Share) redeemed (other than in connection with a Free Exchange) or converted to a Class A share is attributable to the Distributor IPSI or a Successor Distributor based upon the Date of Original Issuance in accordance with Part I(aI(1)(a), (b) and (c) above.

Appears in 1 contract

Samples: Underwriting Agreement (Ing Senior Income Fund)

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Commission Shares other than Omnibus Shares. (a) Commission Shares (excluding Omnibus Shares) attributed to the Distributor IFDI shall be Commission Shares (excluding Omnibus 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 day on which the Distributor IFDI acts as principal underwriter of Shares for such Fund. (b) 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. (c) A Commission Share (other than an Omnibus Share) of a particular Fund (the “Issuing Fund”"ISSUING FUND") issued in consideration of the investment of proceeds of the redemption of a Commission Share of another Fund (the “Redeeming Fund”"REDEEMING FUND") in connection with a 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 IFDI or the Distributor or Successor Distributor based upon such Date of Original Issuance in accordance with Part I(a) and (b) above. (d) A Commission Share (other than an Omnibus Share) redeemed (other than in connection with a Free Exchange) or converted to a Class A share is attributable to the Distributor IFDI or a Successor Distributor based upon the Date of Original Issuance in accordance with Part I(aI(1)(a), (b) and (c) above.

Appears in 1 contract

Samples: Underwriting Agreement (Ing Senior Income Fund)

Commission Shares other than Omnibus Shares. (a) Commission Shares (excluding Omnibus Shares) attributed to the Distributor PSI shall be Commission Shares (excluding Omnibus 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 day on which the Distributor PSI acts as principal underwriter of Shares for such Fund. (b) 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. (c) A Commission Share (other than an Omnibus 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 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 PSI or the Distributor or Successor Distributor based upon such Date of Original Issuance in accordance with Part I(a) and (b) above. (d) A Commission Share (other than an Omnibus Share) redeemed (other than in connection with a Free Exchange) or converted to a Class A share is attributable to the Distributor PSI or Successor Distributor based upon the Date of Original Issuance in accordance with Part I(a), (b) and (c) above.

Appears in 1 contract

Samples: Underwriting Agreement (Voya SERIES FUND INC)

Commission Shares other than Omnibus Shares. (a) Commission Shares (excluding Omnibus Shares) attributed to the Distributor IPSI shall be Commission Shares (excluding Omnibus 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 day on which the Distributor IPSI acts as principal underwriter of Shares for such Fund. (b) 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. (c) A Commission Share (other than an Omnibus Share) of a particular Fund (the “Issuing Fund”"ISSUING FUND") issued in consideration of the investment of proceeds of the redemption of a Commission Share of another Fund (the “Redeeming Fund”"REDEEMING FUND") in connection with a 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 IPSI or the Distributor or Successor Distributor based upon such Date of Original Issuance in accordance with Part I(a) and (b) above. (d) A Commission Share (other than an Omnibus Share) redeemed (other than in connection with a Free Exchange) or converted to a Class A share is attributable to the Distributor IPSI or Successor Distributor based upon the Date of Original Issuance in accordance with Part I(a), (b) and (c) above.

Appears in 1 contract

Samples: Underwriting Agreement (Pilgrim Senior Income Fund)

Commission Shares other than Omnibus Shares. (a) Commission Shares (excluding Omnibus Shares) attributed to the Distributor IFD shall be Commission Shares (excluding Omnibus 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 day on which the Distributor IFD acts as principal underwriter of Shares for such Fund. (b) 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. (c) A Commission Share (other than an Omnibus 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 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 IFD or the Distributor or Successor Distributor based upon such Date of Original Issuance in accordance with Part I(a) and (b) above. (d) A Commission Share (other than an Omnibus Share) redeemed (other than in connection with a Free Exchange) or converted to a Class A share is attributable to the Distributor IFD or a Successor Distributor based upon the Date of Original Issuance in accordance with Part I(aI(1)(a), (b) and (c) above.

Appears in 1 contract

Samples: Underwriting Agreement (Ing Senior Income Fund)

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