Common use of Contractholder Information Clause in Contracts

Contractholder Information. 8.1 The Company agrees to provide the Trust, upon written request (which may include electronic writings and facsimile transmissions, a “Request”), the taxpayer identification number (the “TIN”), the Individual/International Taxpayer Identification Number (“ITIN”) or other government-issued identifier (“GII”), if known, of any person that is a party to a Contract that uses a Portfolio of the Trust as an underlying investment medium by investments through the Company or its affiliates (individually, a “Contractholder” or collectively, the “Contractholders”) who have purchased, redeemed, transferred or exchanged Shares held through an Account during the period covered by the Request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholders or Account (if known), and transaction type (purchase, redemption, transfer, or exchange) of every purchase, redemption, transfer, or exchange of Shares. (a) Requests must set forth a specific period, not to exceed 180 days from the date of the Request for which transaction information is sought. The Trust may request transaction information older than 180 days from the date of the Request as it deems necessary to investigate compliance with policies established by the Trust for the purpose of eliminating or reducing any dilution of the value of its Shares. (b) The Company agrees to transmit the requested information that is on its books and records to the Trust or its designee promptly, but in any event not later than ten (10) Business Days after receipt of a Request. To the extent practicable, the format for any transaction information provided to the Trust should be consistent with the National Securities Clearing Corporation Standardized Data Report Format, or any other format acceptable to the Trust. (c) The Trust agrees not to use the information received for marketing or any other similar purpose without the prior written consent of the Company. 8.2 The Company agrees to execute a Request from the Trust to restrict or prohibit further purchases or exchanges of Shares by a Contractholder that has been identified by the Trust as having engaged in transactions in Shares (directly or indirectly through an Account) that violate policies established by the Trust for the purpose of eliminating or reducing any dilution of the value of its Shares. (a) Such Request must include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII is not known, the instructions must include an equivalent identifying number of the Contractholder(s) or Account(s) or other agreed upon information to which the instruction relates. (b) The Company agrees to execute the Request as soon as reasonably practicable, but not later than five (5) Business Days after receipt of the instructions by the Company. (c) The Company agrees to provide written confirmation to the Trust as soon as reasonably practicable that the Request has been executed, but not later than ten (10) Business Days after the Request has been executed. 8.3 Company will use best efforts to determine, promptly upon the request of the Trust, but not later than five (5) Business Days after receipt of the Request by the Company, whether any specific person or entity about whom the Trust has received information pursuant to Section 8.1 of this Agreement is an “indirect intermediary” as defined in Rule 22c-2 of the 1940 Act (the “Rule”) (an “Indirect Intermediary”) and, upon further Request from the Trust, promptly (but not later than five (5) Business Days after receipt of such Request either: (a) provide (or arrange to have provided) the identification and transaction information set forth in Section 8.1(a) of this Agreement regarding a Contractholder who holds Shares through the Indirect Intermediary; or (b) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. The Company agrees to inform the Trust whether it plans to perform (a) or (b) above. 8.4 This Article VIII is effective as of November 11, 2016, or such earlier date as mutually agreed upon by the Parties. With respect to any Indirect Intermediary, this Article VIII will remain in effect so long as that Indirect Intermediary is deemed to be a “financial intermediary” (as defined in the Rule).

Appears in 2 contracts

Samples: Fund Participation Agreement (Jefferson National Life Annuity Account G), Fund Participation Agreement (Jefferson National Life of New York Annuity Account 1)

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Contractholder Information. 8.1 11.1 The Company agrees to provide the TrustFund, upon written request (which may include electronic writings and facsimile transmissions, a "Request"), the taxpayer identification number (the "TIN"), the Individual/International Taxpayer Identification Number ("ITIN") or other government-issued identifier ("GII"), if known, of any person that is a party to a Contract that uses a Portfolio of the Trust Fund as an underlying investment medium by investments through the Company or its affiliates (individually, a "Contractholder" or collectively, the "Contractholders") who have purchased, redeemed, transferred or exchanged Shares held through an Account during the period covered by the Request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholders or Account (if known), and transaction type (purchase, redemption, transfer, or exchange) of every purchase, redemption, transfer, or exchange of Shares. (a) Requests must set forth a specific period, not to exceed 180 90 days from the date of the Request for which transaction information is sought. The Trust Fund may request transaction information older than 180 90 days from the date of the Request as it deems necessary to investigate compliance with policies established by the Trust Fund for the purpose of eliminating or reducing any dilution of the value of its Shares. (b) The Company agrees to transmit the requested information that is on its books and records to the Trust Fund or its designee promptly, but in any event not later than ten (10) Business Days after receipt of a Request. To the extent practicable, the format for any transaction information provided to the Trust Fund should be consistent with the National Securities Clearing Corporation Standardized Data Report Format, or any other format acceptable to the TrustFund. (c) The Trust Fund agrees not to use the information received for marketing or any other similar purpose without the prior written consent of the Company. 8.2 11.2 The Company agrees to execute a Request from the Trust Fund to restrict or prohibit further purchases or exchanges of Shares by a Contractholder that has been identified by the Trust Fund as having engaged in transactions in Shares (directly or indirectly through an Account) that violate policies established by the Trust Fund for the purpose of eliminating or reducing any dilution of the value of its Shares. (a) Such Request must include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII is not known, the instructions must include an equivalent identifying number of the Contractholder(s) or Account(s) or other agreed upon information to which the instruction relates. (b) The Company agrees to execute the Request as soon as reasonably practicable, but not later than five (5) Business Days after receipt of the instructions by the Company. (c) The Company agrees to provide written confirmation to the Trust Fund as soon as reasonably practicable that the Request has been executed, but not later than ten (10) Business Days after the Request has been executed. 8.3 11.3 Company will use best efforts to determine, promptly upon the request of the Trust, but not later than five (5) Business Days after receipt of the Request by the CompanyFund, whether any specific person or entity about whom the Trust Fund has received information pursuant to Section 8.1 11.1 of this Agreement is an "indirect intermediary" as defined in Rule 22c-2 of the 1940 Act (the "Rule") (an "Indirect Intermediary") and, upon further Request from the TrustFund, promptly (but not later than five (5) Business Days after receipt of such Request either: (a) provide (or arrange to have provided) the identification and transaction information set forth in Section 8.1(a11.1(a) of this Agreement regarding a Contractholder who holds Shares through the Indirect Intermediary; or (b) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. The Company agrees to inform the Trust Fund whether it plans to perform (a) or (b) above. 8.4 This Article VIII is effective as of November 11, 2016, or such earlier date as mutually agreed upon by the Parties. With respect to any Indirect Intermediary, this Article VIII will remain in effect so long as that Indirect Intermediary is deemed to be a “financial intermediary” (as defined in the Rule).

Appears in 2 contracts

Samples: Participation Agreement (Variable Annuity Account B), Participation Agreement (SBL Variable Annuity Account Xiv)

Contractholder Information. 8.1 The Company agrees to provide the Trust, upon written request (which may include electronic writings and facsimile transmissions, a "Request"), the taxpayer identification number (the "TIN"), the Individual/International Taxpayer Identification Number ("ITIN") or other government-issued identifier ("GII"), if known, of any person that is a party to a Contract that uses a Portfolio of the Trust as an underlying investment medium by investments through the Company or its affiliates (individually, a "Contractholder" or collectively, the "Contractholders") who have purchased, redeemed, transferred or exchanged Shares held through an Account during the period covered by the Request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholders or Account (if known), and transaction type (purchase, redemption, transfer, or exchange) of every purchase, redemption, transfer, or exchange of Shares. (a) Requests must set forth a specific period, not to exceed 180 days from the date of the Request for which transaction information is sought. The Trust may request transaction information older than 180 days from the date of the Request as it deems necessary to investigate compliance with policies established by the Trust for the purpose of eliminating or reducing any dilution of the value of its Shares. (b) The Company agrees to transmit the requested information that is on its books and records to the Trust or its designee promptly, but in any event not later than ten (10) Business Days after receipt of a Request. To the extent practicable, the format for any transaction information provided to the Trust should be consistent with the National Securities Clearing Corporation Standardized Data Report Format, or any other format mutually acceptable to the TrustTrust and Company. (c) The Trust agrees not to use the information received for marketing or any other similar purpose without the prior written consent of the Company. 8.2 The Company agrees to execute a Request from the Trust to restrict or prohibit further purchases or exchanges of Shares by a Contractholder that has been identified by the Trust as having engaged in transactions in Shares (directly or indirectly through an Account) that violate policies established by the Trust for the purpose of eliminating or reducing any dilution of the value of its Shares. (a) Such Request must include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII is not known, the instructions must include an equivalent identifying number of the Contractholder(s) or Account(s) or other agreed upon information to which the instruction relates. (b) The Company agrees to execute the Request as soon as reasonably practicable, but not later than five (5) Business Days after receipt of the instructions by the Company. (c) The Company agrees to provide written confirmation to the Trust as soon as reasonably practicable that the Request has been executed, but not later than ten (10) Business Days after the Request has been executed. 8.3 Company will use best efforts to determine, promptly upon the request of the Trust, but not later than five (5) Business Days after receipt of the Request by the Company, whether any specific person or entity about whom the Trust has received information pursuant to Section 8.1 of this Agreement is an "indirect intermediary" as defined in Rule 22c-2 of the 1940 Act (the "Rule") (an "Indirect Intermediary") and, upon further Request from the Trust, promptly (but not later than five (5) Business Days after receipt of such Request either: (a) provide (or arrange to have provided) the identification and transaction information set forth in Section 8.1(a) of this Agreement regarding a Contractholder who holds Shares through the Indirect Intermediary; or (b) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. The Company agrees to inform the Trust whether it plans to perform (a) or (b) above. 8.4 This Article VIII is effective as of November 11October 16, 20162007, or such earlier date as mutually agreed upon by the Parties. With respect to any Indirect Intermediary, this Article VIII will remain in effect so long as that Indirect Intermediary is deemed to be a "financial intermediary" (as defined in the Rule).

Appears in 2 contracts

Samples: Fund Participation Agreement (Northern Lights Variable Trust), Fund Participation Agreement (Northern Lights Variable Trust)

Contractholder Information. 8.1 The Company agrees to provide the Trust, upon written request (which may include electronic writings and facsimile transmissions, a "Request"), the taxpayer identification number (the "TIN"), the Individual/International Taxpayer Identification Number ("ITIN") or other government-issued identifier ("GII"), if known, of any person that is a party to a Contract that uses a Portfolio of the Trust as an underlying investment medium by investments through the Company or its affiliates (individually, a "Contractholder" or collectively, the "Contractholders") who have purchased, redeemed, transferred or exchanged Shares held through an Account during the period covered by the Request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholders or Account (if known), and transaction type (purchase, redemption, transfer, or exchange) of every purchase, redemption, transfer, or exchange of SharesShares("Transaction Information"). (a) Requests must set forth a specific period, not to exceed 180 days from the date of the Request for which transaction information is sought. The Trust may request transaction information older than 180 days from the date of the Request as it deems necessary to investigate compliance with policies established by the Trust for the purpose of eliminating or reducing any dilution of the value of its Shares. (b) The Company agrees to transmit the requested information that is on its books and records to the Trust or its designee promptly, but in any event not later than ten (10) Business Days after receipt of a Request. To the extent practicable, the format for any transaction information provided to the Trust should be consistent with the National Securities Clearing Corporation Standardized Data Report Format, or any other format acceptable to the Trust. (c) The Trust agrees not to use the information received for marketing or any other similar purpose without the prior written consent of the Company. 8.2 The Company agrees to execute a Request from the Trust to restrict or prohibit further purchases or exchanges of Shares by a Contractholder that has been identified by the Trust as having engaged in transactions in Shares (directly or indirectly through an Account) that violate policies established by the Trust for the purpose of eliminating or reducing any dilution of the value of its Shares. (a) Such Request must include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII is not known, the instructions must include an equivalent identifying number of the Contractholder(s) or Account(s) or other agreed upon information to which the instruction relates. (b) The Company agrees to execute the Request as soon as reasonably practicable, but not later than five (5) Business Days after receipt of the instructions by the Company. (c) The Company agrees to provide written confirmation to the Trust as soon as reasonably practicable that the Request has been executed, but not later than ten (10) Business Days after the Request has been executed. 8.3 Company will use best efforts to determine, promptly upon the request of the Trust, but not later than five (5) Business Days after receipt of the Request by the Company, whether any specific person or entity about whom the Trust has received information pursuant to Section 8.1 of this Agreement is an "indirect intermediary" as defined in Rule 22c-2 of the 1940 Act (the "Rule") (an "Indirect Intermediary") and, upon further Request from the Trust, promptly (but not later than five (5) Business Days after receipt of such Request either: (a) provide (or arrange to have provided) the identification and transaction information set forth in Section 8.1(a) of this Agreement regarding a Contractholder who holds Shares through the Indirect Intermediary; or (b) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. The Company agrees to inform the Trust whether it plans to perform (a) or (b) above. 8.4 This Article VIII is effective as of November 11, 2016, or such earlier date as mutually agreed upon by the Parties. With respect to any Indirect Intermediary, this Article VIII will remain in effect so long as that Indirect Intermediary is deemed to be a “financial intermediary” (as defined in the Rule).

Appears in 2 contracts

Samples: Fund Participation Agreement (PHL Variable Accumulation Account II), Fund Participation Agreement (PHL Variable Accumulation Account II)

Contractholder Information. 8.1 The Company agrees to provide the Trust, upon written request (which may include electronic writings and facsimile transmissions, a "Request"), the taxpayer identification number (the "TIN"), the Individual/International Taxpayer Identification Number ("ITIN") or other government-issued identifier ("GII"), if known, of any person that is a party to a Contract that uses a Portfolio of the Trust as an underlying investment medium by investments through the Company or its affiliates (individually, a "Contractholder" or collectively, the "Contractholders") who have purchased, redeemed, transferred or exchanged Shares held through an Account during the period covered by the Request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholders or Account (if known), and transaction type (purchase, redemption, transfer, or exchange) of every purchase, redemption, transfer, or exchange of Shares. (a) Requests must set forth a specific period, not to exceed 180 days from the date of the Request for which transaction information is sought. The Trust may request transaction information older than 180 days from the date of the Request as it deems necessary to investigate compliance with policies established by the Trust for the purpose of eliminating or reducing any dilution of the value of its Shares. (b) The Company agrees to transmit the requested information that is on its books and records to the Trust or its designee promptly, but in any event not later than ten (10) Business Days after receipt of a Request. To the extent practicable, the format for any transaction information provided to the Trust should be consistent with the National Securities Clearing Corporation Standardized Data Report Format, or any other format acceptable to the Trust. (c) The Trust agrees not to use the information received for marketing or any other similar purpose without the prior written consent of the Company. 8.2 The Company agrees to execute a Request from the Trust to restrict or prohibit further purchases or exchanges of Shares by a Contractholder that has been identified by the Trust as having engaged in transactions in Shares (directly or indirectly through an Account) that violate policies established by the Trust for the purpose of eliminating or reducing any dilution of the value of its Shares. (a) Such Request must include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII is not known, the instructions must include an equivalent identifying number of the Contractholder(s) or Account(s) or other agreed upon information to which the instruction relates. (b) The Company agrees to execute the Request as soon as reasonably practicable, but not later than five (5) Business Days after receipt of the instructions by the Company. (c) The Company agrees to provide written confirmation to the Trust as soon as reasonably practicable that the Request has been executed, but not later than ten (10) Business Days after the Request has been executed. 8.3 Company will use best efforts to determine, promptly upon the request of the Trust, but not later than five (5) Business Days after receipt of the Request by the Company, whether any specific person or entity about whom the Trust has received information pursuant to Section 8.1 of this Agreement is an "indirect intermediary" as defined in Rule 22c-2 of the 1940 Act (the "Rule") (an "Indirect Intermediary") and, upon further Request from the Trust, promptly (but not later than five (5) Business Days after receipt of such Request either: (a) provide (or arrange to have provided) the identification and transaction information set forth in Section 8.1(a) of this Agreement regarding a Contractholder who holds Shares through the Indirect Intermediary; or (b) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. The Company agrees to inform the Trust whether it plans to perform (a) or (b) above. 8.4 This Article VIII is effective as of November 11October 16, 20162007, or such earlier date as mutually agreed upon by the Parties. With respect to any Indirect Intermediary, this Article VIII will remain in effect so long as that Indirect Intermediary is deemed to be a "financial intermediary" (as defined in the Rule).

Appears in 1 contract

Samples: Fund Participation Agreement (Northern Lights Variable Trust)

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Contractholder Information. 8.1 The Company agrees to provide the Trust, upon written request (which may include electronic writings and facsimile transmissions, a “Request”), the taxpayer identification number (the “TIN”), the Individual/International Taxpayer Identification Number (“ITIN”) or other government-issued identifier (“GII”), if known, of any person that is a party to a Contract that uses a Portfolio of the Trust as an underlying investment medium by investments through the Company or its affiliates (individually, a “Contractholder” or collectively, the “Contractholders”) who have purchased, redeemed, transferred or exchanged Shares held through an Account during the period covered by the Request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholders or Account (if known), and transaction type (purchase, redemption, transfer, or exchange) of every purchase, redemption, transfer, or exchange of Shares. (a) Requests must set forth a specific period, not to exceed 180 days from the date of the Request for which transaction information is sought. The Trust may request transaction information older than 180 days from the date of the Request as it deems necessary to investigate compliance with policies established by the Trust for the purpose of eliminating or reducing any dilution of the value of its Shares. (b) The Company agrees to transmit the requested information that is on its books and records to the Trust or its designee promptly, but in any event not later than ten (10) Business Days after receipt of a Request. To the extent practicable, the format for any transaction information provided to the Trust should be consistent with the National Securities Clearing Corporation Standardized Data Report Format, or any other format mutually acceptable to the TrustTrust and Company. (c) The Trust agrees not to use the information received for marketing or any other similar purpose without the prior written consent of the Company. 8.2 The Company agrees to execute a Request from the Trust to restrict or prohibit further purchases or exchanges of Shares by a Contractholder that has been identified by the Trust as having engaged in transactions in Shares (directly or indirectly through an Account) that violate policies established by the Trust for the purpose of eliminating or reducing any dilution of the value of its Shares. (a) Such Request must include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII is not known, the instructions must include an equivalent identifying number of the Contractholder(s) or Account(s) or other agreed upon information to which the instruction relates. (b) The Company agrees to execute the Request as soon as reasonably practicable, but not later than five (5) Business Days after receipt of the instructions by the Company. (c) The Company agrees to provide written confirmation to the Trust as soon as reasonably practicable that the Request has been executed, but not later than ten (10) Business Days after the Request has been executed. 8.3 Company will use best efforts to determine, promptly upon the request of the Trust, but not later than five (5) Business Days after receipt of the Request by the Company, whether any specific person or entity about whom the Trust has received information pursuant to Section 8.1 of this Agreement is an “indirect intermediary” as defined in Rule 22c-2 of the 1940 Act (the “Rule”) (an “Indirect Intermediary”) and, upon further Request from the Trust, promptly (but not later than five (5) Business Days after receipt of such Request either: (a) provide (or arrange to have provided) the identification and transaction information set forth in Section 8.1(a) of this Agreement regarding a Contractholder who holds Shares through the Indirect Intermediary; or (b) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. The Company agrees to inform the Trust whether it plans to perform (a) or (b) above. 8.4 This Article VIII is effective as of November 11October 16, 20162007, or such earlier date as mutually agreed upon by the Parties. With respect to any Indirect Intermediary, this Article VIII will remain in effect so long as that Indirect Intermediary is deemed to be a “financial intermediary” (as defined in the Rule).

Appears in 1 contract

Samples: Fund Participation Agreement (Jefferson National Life Annuity Account G)

Contractholder Information. 8.1 The Company agrees to provide the Trust, upon written request (which may include electronic writings and facsimile transmissions, a "Request"), the taxpayer identification number (the "TIN"), the Individual/International Taxpayer Identification Number ("ITIN") or other government-issued identifier ("GII"), if known, of any person that is a party to a Contract that uses a Portfolio of the Trust as an underlying investment medium by investments through the Company or its affiliates (individually, a "Contractholder" or collectively, the "Contractholders") who have purchased, redeemed, transferred or exchanged Shares held through an Account during the period covered by the Request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholders or Account (if known), and transaction type (purchase, redemption, transfer, or exchange) of every purchase, redemption, transfer, or exchange of Shares. (a) Requests must set forth a specific period, not to exceed 180 days from the date of the Request for which transaction information is sought. The Trust may request transaction information older than 180 days from the date of the Request as it deems necessary to investigate compliance with policies established by the Trust for the purpose of eliminating or reducing any dilution of the value of its Shares. (b) The Company agrees to transmit the requested information that is on its books and records to the Trust or its designee promptly, but in any event not later than ten (10) Business Days after receipt of a Request. To the extent practicable, the format for any transaction information provided to the Trust should be consistent with the National Securities Clearing Corporation Standardized Data Report Format, or any other format mutually acceptable to the TrustTrust and Company. (c) The Trust agrees not to use the information received for marketing or any other similar purpose without the prior written consent of the Company. 8.2 The Company agrees to execute a Request from the Trust to restrict or prohibit further purchases or exchanges of Shares by a Contractholder that has been identified by the Trust as having engaged in transactions in Shares (directly or indirectly through an Account) that violate policies established by the Trust for the purpose of eliminating or reducing any dilution of the value of its Shares. (a) Such Request must include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII is not known, the instructions must include an equivalent identifying number of the Contractholder(s) or Account(s) or other agreed upon information to which the instruction relates. (b) The Company agrees to execute the Request as soon as reasonably practicable, but not later than five (5) Business Days after receipt of the instructions by the Company. (c) The Company agrees to provide written confirmation to the Trust as soon as reasonably practicable that the Request has been executed, but not later than ten (10) Business Days after the Request has been executed. 8.3 Company will use best efforts to determine, promptly upon the request of the Trust, but not later than five (5) Business Days after receipt of the Request by the Company, whether any specific person or entity about whom the Trust has received information pursuant to Section 8.1 of this Agreement is an "indirect intermediary" as defined in Rule 22c-2 of the 1940 Act (the "Rule") (an "Indirect Intermediary") and, upon further Request from the Trust, promptly (but not later than five (5) Business Days after receipt of such Request either: (a) provide (or arrange to have provided) the identification and transaction information set forth in Section 8.1(a8.1 (a) of this Agreement regarding a Contractholder who holds Shares through the Indirect Intermediary; or (b) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. The Company agrees to inform the Trust whether it plans to perform (a) or (b) above. 8.4 This Article VIII is effective as of November 11October 16, 20162007, or such earlier date as mutually agreed upon by the Parties. With respect to any Indirect Intermediary, this Article VIII will remain in effect so long as that Indirect Intermediary is deemed to be a "financial intermediary" (as defined in the Rule).

Appears in 1 contract

Samples: Fund Participation Agreement (Jefferson National Life Annuity Account G)

Contractholder Information. 8.1 The Company agrees to provide the Trust, upon written request (which may include electronic writings and facsimile transmissions, a "Request"), the taxpayer identification number (the "TIN"), the Individual/International Taxpayer Identification Number ("ITIN") or other government-issued identifier ("GII"), if known, of any person that is a party to a Contract that uses a Portfolio of the Trust as an underlying investment medium by investments through the Company or its affiliates (individually, a "Contractholder" or collectively, the "Contractholders") who have purchased, redeemed, transferred or exchanged Shares held through an Account during the period covered by the Request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholders or Account (if known), and transaction type (purchase, redemption, transfer, or exchange) of every purchase, redemption, transfer, or exchange of SharesShares(“Transaction Information”). (a) Requests must set forth a specific period, not to exceed 180 days from the date of the Request for which transaction information is sought. The Trust may request transaction information older than 180 days from the date of the Request as it deems necessary to investigate compliance with policies established by the Trust for the purpose of eliminating or reducing any dilution of the value of its Shares. (b) The Company agrees to transmit the requested information that is on its books and records to the Trust or its designee promptly, but in any event not later than ten (10) Business Days after receipt of a Request. To the extent practicable, the format for any transaction information provided to the Trust should be consistent with the National Securities Clearing Corporation Standardized Data Report Format, or any other format acceptable to the Trust. (c) The Trust agrees not to use the information received for marketing or any other similar purpose without the prior written consent of the Company. 8.2 The Company agrees to execute a Request from the Trust to restrict or prohibit further purchases or exchanges of Shares by a Contractholder that has been identified by the Trust as having engaged in transactions in Shares (directly or indirectly through an Account) that violate policies established by the Trust for the purpose of eliminating or reducing any dilution of the value of its Shares. (a) Such Request must include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII is not known, the instructions must include an equivalent identifying number of the Contractholder(s) or Account(s) or other agreed upon information to which the instruction relates. (b) The Company agrees to execute the Request as soon as reasonably practicable, but not later than five (5) Business Days after receipt of the instructions by the Company. (c) The Company agrees to provide written confirmation to the Trust as soon as reasonably practicable that the Request has been executed, but not later than ten (10) Business Days after the Request has been executed. 8.3 Company will use best efforts to determine, promptly upon the request of the Trust, but not later than five (5) Business Days after receipt of the Request by the Company, whether any specific person or entity about whom the Trust has received information pursuant to Section 8.1 of this Agreement is an "indirect intermediary" as defined in Rule 22c-2 of the 1940 Act (the "Rule") (an "Indirect Intermediary") and, upon further Request from the Trust, promptly (but not later than five (5) Business Days after receipt of such Request either: (a) provide (or arrange to have provided) the identification and transaction information set forth in Section 8.1(a) of this Agreement regarding a Contractholder who holds Shares through the Indirect Intermediary; or (b) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. The Company agrees to inform the Trust whether it plans to perform (a) or (b) above. 8.4 This Article VIII is effective as of November 11, 2016, or such earlier date as mutually agreed upon by the Parties. With respect to any Indirect Intermediary, this Article VIII will remain in effect so long as that Indirect Intermediary is deemed to be a “financial intermediary” (as defined in the Rule).

Appears in 1 contract

Samples: Fund Participation Agreement (Northern Lights Variable Trust)

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