Distribution Plan. (a) As used herein, the term "12b-1 Fee" refers to a charge against Fund Class A Share assets, as authorized under the Distribution Plan, to finance distribution and related services of Class A Shares, as described in the Distribution Plan.
(b) In accordance with the terms of the Distribution Plan, JNLD shall provide distribution and related services of the types contemplated under the Distribution Plan and reviewed from time to time by the Board of Trustees with respect to the Class A Shares of the Funds shown on Schedule A hereto, and may arrange for and compensate others for providing or assisting in providing such services, as described in the Distribution Plan. The Trust, on behalf of each Fund that is subject to the 12b-1 Fee as shown on Schedule A, shall reimburse the Distributor for distribution and related service expenses incurred in promoting the sale of the Fund's Class A Shares at a rate of up to the 12b-1 Fee rate per annum of the average daily net assets attributable to the Class A Shares shown on Schedule A hereto. Each Fund's Class A Shares shall bear exclusively its own costs of such reimbursements. Such distribution and related service expenses shall be calculated and accrued daily and paid within forty-five (45) days of the end of each fiscal quarter of the Fund. In no event shall such payments exceed JNLD's actual distribution and related service expenses for that quarter.
Distribution Plan. A. The provisions set forth in this paragraph 8 (hereinafter referred to as the "Plan") have been adopted pursuant to Rule 12b-1 under the Act by the Trust, having been approved by a majority of the Trust's Board of Trustees, including a majority of the Trustees who are not interested persons of the Trust and who have no direct or indirect financial interest in the operation of the Plan (the "non-interested Trustees"), cast in person at a meeting called for the purpose of voting on such Plan. The Board of Trustees concluded that the rate of compensation to be paid to the Manager by the Fund was fair and not excessive, but that due solely to the uncertainty that may exist from time to time with respect to whether payments made by the Fund to the Manager or to other firms may nevertheless be deemed to constitute distribution expenses, it was determined that adoption of the Plan would be prudent and in the best interests of the Fund. The Trustees' approval included a determination that in the exercise of their reasonable business judgment and in light of their fiduciary duties, there is a reasonable likelihood that the Plan will benefit the Fund and its shareholders or policyholders investing in the Fund.
B. No additional payments are to be made by the Fund as a result of the Plan other than the payments the Fund is otherwise obligated to make (i) to the Manager pursuant to paragraph 4 of this Agreement, (ii) to the Transfer and Dividend Paying Agents or Custodian, pursuant to their respective Agreements as in effect at any time, and (iii) in payment of any expenses by the Fund in the ordinary course of its respective businesses that may be deemed primarily intended to result in the sale of shares issued by such Fund. However, to the extent any of such other payments by the Fund, to or by the Manager, or to the Fund's Agents, are nevertheless deemed to be payments for the financing of any activity primarily intended to result in the sale of shares issued by the Fund within the context of Rule 12b-1 under the Act, then such payments shall be deemed to have been made pursuant to the Plan as set forth herein. The cost and activities, the payment of which are intended to be within the scope of the Plan, shall include, but not necessarily be limited to, the following:
(a) the costs of the preparation, printing and mailing of all required reports and notices to shareholders or policyholders investing in the Fund;
(b) the costs of the preparation, printing and maili...
Distribution Plan. (a) As used herein, the term “12b-1 Fee” refers to a charge against Fund Class A Share assets, as authorized under the Distribution Plan, to finance distribution and related services of Class A Shares, as described in the Distribution Plan.
(b) In accordance with the terms of the Distribution Plan, JNLD shall provide distribution and related services of the types contemplated under the Distribution Plan and reviewed from time to time by the Board of Trustees with respect to the Class A Shares of the Funds shown on Schedule A hereto, and may arrange for and compensate others for providing or assisting in providing such services, as described in the Distribution Plan (collectively, the “Services”). The Trust, on behalf of each Fund that is subject to the 12b-1 Fee as shown on Schedule A, shall pay to the Distributor, as compensation for the Services, a 12b-1 Fee at a rate per annum of the average daily net assets attributable to the Class A Shares, as shown on Schedule A hereto. Each Fund’s Class A Shares shall bear exclusively its own costs of such payments. Such 12b-1 Fee shall be calculated and accrued daily and paid within forty-five (45) days of the end of each month. No additional compensation or reimbursement for expenses shall be provided by the Trust with respect to expenses incurred in providing the Services.
Distribution Plan. The plan for distributing the Settlement Fund pursuant to Section 3 of this Settlement Agreement.
Distribution Plan. (a) Pursuant to a Distribution Plan adopted by the Fund, the Fund agrees to make monthly payments to the Distributor in an amount computed at an annual rate of .25 of 1% of the Fund's average daily net assets, to finance activities undertaken by the Distributor for the purpose of distributing the Fund's shares to investors. The Distributor is obligated to and hereby agrees to use the entire amount of said fee to finance the following distribution-related activities:
(i) Preparation, printing and distribution of the Prospectus and Statement of Additional Information and any supplement thereto used in connection with the offering of shares to the public;
(ii) Printing of additional copies for use by the Distributor as sales literature, of reports and other communications which were prepared by the Fund for distribution to existing shareholders;
(iii) Preparation, printing and distribution of any other sales literature used in connection with the offering of shares to the public;
(iv) Expenses incurred in advertising, promoting and selling shares of the Fund to the public; and
(v) Any fees paid by the Distributor to securities dealers as distribution or service fees who have executed a Dealer's Distribution Agreement with the Distributor.
(b) All payments to the Distributor pursuant to this paragraph are subject to the following conditions being met by the Distributor:
(i) For the fiscal year of the Fund during which this Plan becomes effective and for each subsequent fiscal year of the Fund during which this Plan remains in effect, the Distributor shall submit to the Fund a budget setting forth in reasonable detail the distribution-related activities to which the Distributor proposes to apply payments made by the Fund hereunder;
(ii) Before any payment is made to the Distributor in respect of any fiscal year, the budget relating thereto shall be approved by vote of the Fund's Directors, including the affirmative vote of a majority of the Independent Directors.
(iii) The Distributor shall furnish the Fund with quarterly reports of its expenditures pursuant to each budget so approved, together with receipts or other appropriate written evidence of the amounts expended, and such other information relating to such budget or expenditures or to the other distribution-related activities undertaken or proposed to be undertaken by the Distributor during such fiscal year under its Distribution Agreement with the Fund as the Fund may reasonably request;
(c) The Dealer'...
Distribution Plan. Subject to the terms and conditions of this Agreement, the Settlement Fund shall be used for the payment of: (a) the Administration Expenses; (b) the Settlement Shares to Settlement Class Members; (c) the distribution of the Residual Funds (the term “Residual Funds” is defined below), if any, pursuant to this Agreement; (d) any Service Awards to the Plaintiffs as approved by the Court; (e) any Fee and Expense Award as approved by the Court; and (f) any Taxes. The Parties must approve any payment of costs or expenses under subsection (a) of this paragraph, and such approval shall not be unreasonably withheld.
Distribution Plan. (a) The Funds have adopted Distribution Plans pursuant to Rule 12b-1 of the 1940 Act (the “Plans”). Under the terms of the Plans, we receive compensation for distribution and shareholder services relating to the Funds, and we are permitted to pay all or a portion of such compensation to entities that engage in or support the distribution of Shares or servicing of shareholders. You are eligible to receive such distribution and shareholder compensation to the extent described in, and subject to the terms and conditions set forth in, the applicable Fund’s then current Prospectus. To the extent you provide or arrange to provide such services as contemplated in this Section 4, you represent and warrant that you will comply with the terms and conditions set forth in the appropriate Plan and the then current Prospectus of the appropriate Fund for receiving such payments.
(b) In the event we do not receive payment from the Funds under the relevant Distribution Agreement or Plan, or if such Distribution Agreement or Plan is canceled, you agree to waive your right to receive compensation until such time, if ever, as we receive payment.
Distribution Plan. (a) As used herein, the term “12b-1 Fee” refers to a charge against Fund assets, as authorized under the Distribution Plan, to finance distribution and related services of the Funds, as described in the Distribution Plan.
(b) In accordance with the terms of the Distribution Plan, JNLD shall provide distribution and related services of the types contemplated under the Distribution Plan and reviewed from time to time by the Board of Trustees with respect to the Funds shown on Schedule A hereto, and may arrange for and compensate others for providing or assisting in providing such services, as described in the Distribution Plan. The Trust, on behalf of each Fund that is subject to the 12b-1 Fee as shown on Schedule A, shall reimburse the Distributor for distribution and related service expenses incurred in promoting the sale of the Fund’s Shares at a rate of up to the 12b-1 Fee rate per annum of the average daily net assets attributable to the Funds shown on Schedule A hereto. Each Fund shall bear exclusively its own costs of such reimbursements. Such distribution and related service expenses shall be calculated and accrued daily and paid within forty-five (45) days of the end of each fiscal quarter of the Fund. In no event shall such payments exceed JNLD's actual distribution and related service expenses for that quarter.
Distribution Plan. In so far those portions of this Agreement regarding the provision of Special Services could be construed to constitute a part of a distribution plan, as required by Rule 12b-1 (in respect of any distribution plan):
(i) the term of this Agreement is as provided in Section 10 below;
(ii) the Administrator shall provide to the Trustees of the Trust, and all such Trustees shall review, at least quarterly, a written report of the amounts expended by the Trust for Special Services and the purposes for which such expenditures were made;
(iii) this Agreement may be terminated as provided in Section 10(b) below; and
(iv) this Agreement may not be amended to increase materially the maximum amount specified in Section 5(b) with respect to payments for Special Services (i.e., the rate of 0.25% per annum) payable out of assets for Special Services without approval by a majority of the outstanding Shares (as defined in Section 2(a)(42) of the 1940 Act in respect of voting securities) of a Fund.
Distribution Plan. A. The provisions set forth in this paragraph 16 (hereinafter referred to as the "Plan") have been adopted pursuant to Rule 12b-1 under the 1940 Act by the Fund, having been approved by a majority of the Managing General Partners who are not interested persons of the Fund and who have no direct or indirect financial interest in the operation of the Plan (the "non-interested Managing General Partners"), cast in person at a meeting called for the purpose of voting on such Plan. The Managing General Partners concluded that the compensation to be paid to the Manager of the Fund was fair and not excessive, and that due solely to the uncertainty that may exist from time to time with respect to whether payments to be made by the Fund or the Manager to other firms may be deemed to constitute distribution expenses, it was determined that adoption of the Plan would be prudent and in the best interests of the Fund and its shareholders. The Managing General Partners' approval included a determination that in the exercise of their reasonable business judgment and in light of their fiduciary duties, there is a reasonable likelihood that the Plan will benefit the Fund and its shareholders. The Plan has also been approved by a vote of at least a majority of the Fund's outstanding voting securities.
B. No additional payments are to be made by the Fund as a result of the Plan other than the compensation the Fund is otherwise obligated to make (i) to the Manager pursuant to paragraph 4 of the Management Agreement between the Fund and Franklin Advisers, Inc. and (ii) to its Shareholder Servicing Agent pursuant to their respective Agreements as in effect at any time, including any reimbursement for costs the Fund is obligated to make under said agreements. Notwithstanding subparagraphs (i) and (ii) above, the Plan recognizes that the Fund may also make payments in the ordinary course of its business and to the extent any such payments by the Fund or to or by the Manager, the Fund's Shareholder Servicing Agent or other parties on behalf of the Fund, the Manager or the Shareholder Servicing Agent are deemed (e.g. by a court of law) to be payments for the financing of any activity primarily intended to result in the sale of Shares issued by the Fund within the context of Rule 12b-1 under the 1940 Act, then such payments shall be deemed to be made pursuant to the Plan as set forth herein. Such costs, the payment of which are intended to be within the scope of the Plan, but only to...
