Common use of Form and Timing of Response Clause in Contracts

Form and Timing of Response. (1) Intermediary agrees to provide, promptly upon written request of the Fund or its designee, the requested information specified in 1(a). If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify Fund. If requested by the Fund or its Designee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it has received the identification and transaction information specified in 1(a) is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designee, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a) for those Customers who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund whether it plans to perform (i) or (ii). (2) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the Fund or Fund's Designee and the Intermediary; and (3) To the extent practicable, the format for any transaction information provided to the Fund should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 22 contracts

Samples: Customer Information Agreement (Merrill Lynch Life Variable Annuity Separate Account A), Customer Information Agreement (Ml of New York Variable Annuity Separate Account A), Customer Information Agreement (Ml of New York Variable Annuity Separate Account A)

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Form and Timing of Response. (1) Intermediary agrees to provide, promptly upon written request of the Fund or its designee, the requested information specified in 1(a). If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will may need additional time to provide the requested information, Intermediary shall promptly notify FundFund and the parties shall mutually agree to negotiate in good faith an extension. If requested by the Fund or its Designee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it has received the identification and transaction information specified in 1(a) is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designee, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a) for those Customers who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund whether it plans to perform (i) or (ii). (2) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the Fund or Fund's Designee and the Intermediary; and (3) To the extent practicable, the format for any transaction information provided to the Fund should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 2 contracts

Samples: Customer Information Agreement (Ml of New York Variable Annuity Separate Account D), Customer Information Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Form and Timing of Response. (1) Intermediary agrees to provide, promptly upon written request of the Fund Agent or its designeeDesignee, the requested information specified in 1(a). If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify FundFund Agent. If requested by the Fund Agent or its Designee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it has received the identification and transaction information specified in 1(a) is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund Agent or its designeeDesignee, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a) for those Customers who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the FundFunds. Intermediary additionally agrees to inform the Fund Agent whether it plans to perform (i) or (ii). (2) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the Fund Agent or FundFund Agent's Designee and the Intermediary; and (3) To the extent practicable, the format for any transaction information provided to the Fund Agent should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 2 contracts

Samples: Customer Information Agreement (Ml of New York Variable Annuity Separate Account A), Customer Information Agreement (Merrill Lynch Life Variable Annuity Separate Account A)

Form and Timing of Response. (1) Intermediary agrees to provide, promptly upon written request of the Fund or its designee, the requested information specified in 1(a). If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify the Fund. If requested by the Fund or its Designee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it has received the identification and transaction information specified in 1(a) is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designee, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a) for those Customers who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund whether it plans to perform (i) or (ii). (2) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the Fund or Fund's Designee and the Intermediary; and (3) To the extent practicable, the format for any transaction information provided to the Fund should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 2 contracts

Samples: Customer Information Agreement (Merrill Lynch Life Variable Annuity Separate Account C), Customer Information Agreement (Ml of New York Variable Annuity Separate Account C)

Form and Timing of Response. (1A) Intermediary agrees to provide, promptly upon written request of the Fund or its designee, the requested information specified in 1(a)Section 1.1, above. If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) 1.1 within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify Fund. If requested by the Fund or its Designeedesignee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it Intermediary has received the identification and transaction information specified in 1(a) Section 1.1 above is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designee, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a) Section 1.1 for those Customers shareholders who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund or its designee whether it Intermediary plans to perform (i) or (ii).; and (2B) Responses required by this paragraph Section 1.1 must be communicated in writing and in a format mutually agreed upon by the Fund or Fund's Designee its designee and the Intermediary; and (3C) To the extent practicablepracticable and agreed by the parties, the format for any transaction information provided to the Fund or its designee should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 2 contracts

Samples: Shareholder Information Agreement (Merrill Lynch Life Variable Annuity Separate Account D), Shareholder Information Agreement (Merrill Lynch Life Variable Annuity Separate Account A)

Form and Timing of Response. (1) Intermediary agrees to provide, promptly upon written request of the Fund or its designee, the requested information specified in 1(a). If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) within five (5) to ten (10) business daysdays provided the information is not older than one hundred eighty (180) days from the date of the request. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify Fund. If requested by the Fund or its Designee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it has received the identification and transaction information specified in 1(a) is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designee, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a) for those Customers who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund whether it plans to perform (i) or (ii). (2) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the Fund or Fund's Designee and the Intermediary; and (3) To the extent practicable, the format for any transaction information provided to the Fund should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 2 contracts

Samples: Customer Information Agreement (Ml of New York Variable Annuity Separate Account A), Customer Information Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Form and Timing of Response. (1) Intermediary agrees to provide, promptly upon written request of the Fund or its designeeDesignee, if applicable, the requested information specified in 1(a). If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify Fund. If requested by the Fund or its Designee, if applicable, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it has received the identification and transaction information specified in 1(a) is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designeeDesignee, if applicable, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a) for those Customers who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund whether it plans to perform (i) or (ii). (2) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the Fund or Fund's Designee Designee, if applicable, and the Intermediary; and (3) To the extent practicable, the format for any transaction information provided to the Fund should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 2 contracts

Samples: Customer Information Agreement (Ml of New York Variable Annuity Separate Account A), Customer Information Agreement (Merrill Lynch Life Variable Annuity Separate Account A)

Form and Timing of Response. (1) Intermediary agrees to provide, promptly upon written request of the Fund or its designee, the requested information specified in 1(a). If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) within five (5) to ten (10) business days. If such request covers a period older than 180 days prior to the date of the request, Intermediary will provide the information as soon as reasonably practicable, as agreed to by the parties at the time of Intermediary's receipt of the request for information from the Fund or its designee. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify Fund. If requested by the Fund or its Designee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it has received the identification and transaction information specified in 1(a) is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designee, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a) for those Customers who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund whether it plans to perform (i) or (ii). (2) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the Fund or Fund's Designee and the Intermediary; and (3) To the extent practicable, the format for any transaction information provided to the Fund should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 2 contracts

Samples: Customer Information Agreement (Merrill Lynch Life Variable Annuity Separate Account D), Customer Information Agreement (Ml of New York Variable Annuity Separate Account D)

Form and Timing of Response. (1a) Intermediary agrees to provide, promptly upon written request of the Fund or its designee, but in any event not later than ten (10) business days after receipt of such request unless otherwise agreed by the parties, the requested information specified in 1(a)Section 1.1, above. If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) 1.1 within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify Fund. If requested by the Fund or its Designeedesignee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it Intermediary has received the identification and transaction information specified in 1(a) Section 1.1 above is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designee, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a) Section 1.1 for those Customers shareholders who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund or its designee whether it Intermediary plans to perform (i) or (ii).; and (2b) Responses required by this paragraph Section 1.1 must be communicated in writing and in a format mutually agreed upon by the Fund or Fund's Designee its designee and the Intermediary; and (3c) To the extent practicablepracticable and agreed by the parties, the format for any transaction information provided to the Fund or its designee should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 2 contracts

Samples: Shareholder Information Agreement (Merrill Lynch Life Variable Annuity Separate Account D), Shareholder Information Agreement (Ml of New York Variable Annuity Separate Account D)

Form and Timing of Response. (1) Intermediary agrees to provide, promptly upon written request of the Fund or its designee, the requested information specified in 1(a). If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify Fund. If requested by the Fund or its Designee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it has received the identification and transaction information specified in 1(a) is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designee, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a) for those Customers who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund whether it plans to perform (i) or (ii). (2) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the Fund or Fund's ’s Designee and the Intermediary; and (3) To the extent practicable, the format for any transaction information provided to the Fund should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 2 contracts

Samples: Contract Confirmation Agreement (Ml of New York Variable Annuity Separate Account D), Contract Confirmation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Form and Timing of Response. (1a) Intermediary agrees to provideprovide promptly, promptly upon written but in any event not later than ten (10) Business Days after receipt of a request of from the Fund or its designee, the requested information specified in 1(a). If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify FundSection 1. If requested by the Fund or its Designeedesignee, Intermediary agrees to use best efforts to determine promptly promptly, but in any event not later than ten (10) Business Days after receipt of a request, whether any specific person about whom it has received the identification and transaction information specified in 1(a) Section 1 is itself a financial intermediary ("as defined in Rule 22c-2) (“indirect intermediary") and, upon further written request of the Fund or its designee, promptly either: promptly, but in any event not later than ten (10) Business Days after receipt of a request, shall either (i) provide (or arrange to have provided) the information set forth in 1(a) Section 1 for those Customers Shareholders who hold an account with an indirect intermediary; intermediary or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund whether it plans to perform (i) or (ii). (2b) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the Fund or Fund's Designee its designee and the Intermediary; and (3c) To the extent practicable, the format for any transaction information provided to the Fund should or its designee will be consistent with the NSCC Standardized Data Reporting Format. 1 As defined in SEC Rule 22c-2(b), term “excepted fund” means any: (1) money market fund; (2) fund that issues securities that are listed on a national exchange; and (3) fund that affirmatively permits short-term trading of its securities, if its prospectus clearly and prominently discloses that the fund permits short-term trading of its securities and that such trading may result in additional costs for the fund.

Appears in 1 contract

Samples: Fund Participation Agreement (Massachusetts Mutual Variable Annuity Separate Account 4)

Form and Timing of Response. (1) Intermediary agrees to provide, promptly upon written request of the Fund or its designee, the requested information specified in 1(al(a). If such request covers a period ninety (90) to one hundred eighty (180) days days, or older, prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(al(a) within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify Fund. If requested by the Fund or its Designee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it has received the identification and transaction information specified in 1(al(a) is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designee, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a1 (a) for those Customers who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund whether it plans to perform (i) or (ii). (2) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the Fund or Fund's Designee and the Intermediary; and (3) To the extent practicable, the format for any transaction information provided to the Fund should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 1 contract

Samples: Customer Information Agreement (Ml of New York Variable Annuity Separate Account A)

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Form and Timing of Response. (1a) Intermediary agrees to provide, promptly upon written request of the Fund or its designee, the requested information specified in 1(a)Section 1.1, above. If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) 1.1 within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify Fund. If requested by the Fund or its Designeedesignee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it Intermediary has received the identification and transaction information specified in 1(a) Section 1.1 above is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designee, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a) Section 1.1 for those Customers shareholders who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund or its designee whether it Intermediary plans to perform (i) or (ii).; and (2b) Responses required by this paragraph Section 1.1 must be communicated in writing and in a format mutually agreed upon by the Fund or Fund's Designee its designee and the Intermediary; and (3c) To the extent practicablepracticable and agreed by the parties, the format for any transaction information provided to the Fund or its designee should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 1 contract

Samples: Shareholder Information Agreement (Ml of New York Variable Annuity Separate Account A)

Form and Timing of Response. (1) Intermediary agrees to provide, promptly upon written request of the Fund or its designee, the requested information specified in 1(a). If such request covers a period ninety (90) to one hundred eighty (180) days days, or older, prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify Fund. If requested by the Fund or its Designee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it has received the identification and transaction information specified in 1(a) is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designee, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a) for those Customers who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund whether it plans to perform (i) or (ii). (2) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the Fund or Fund's Designee and the Intermediary; and (3) To the extent practicable, the format for any transaction information provided to the Fund should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 1 contract

Samples: Customer Information Agreement (Merrill Lynch Life Variable Annuity Separate Account A)

Form and Timing of Response. (1) Intermediary agrees to provide, provide promptly upon written request of the Fund or its designee, the requested information requestedinformation specified in 1(a). If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify Fund. If requested by the Fund or its Designee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it has received the identification and transaction information specified in 1(a) is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designee, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a) for those Customers who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund whether it plans to perform (i) or (ii). (2) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon agreedupon by the Fund or Fund's Designee and the Intermediary; and (3) To the extent practicable, the format for any transaction information provided to the Fund should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 1 contract

Samples: Customer Information Agreement (Ml of New York Variable Annuity Separate Account A)

Form and Timing of Response. (1) Intermediary agrees to provide, promptly promptly, upon receipt of the written request of from the Fund Agent, the Fund or its designeeDesignee, the requested information specified in 1(a)Transaction Information. If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify Fund. If requested by the Fund or its Designee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it has received the identification and transaction information specified in 1(a) Customer Information is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designeeDesignee, promptly promptly, but in any event not later than five (5) to ten (10) business days, either: (i) provide (or arrange to have provided) the information set forth in 1(a) Customer Information for those Customers who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund whether it plans to perform (i) or (ii). (2) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the Fund Agent, Fund or Fund's Designee its Designee, if applicable, and the Intermediary; and (3) To the extent practicable, the format for any transaction information Transaction Information provided to the Fund Agent, the Fund or its Designee should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 1 contract

Samples: Customer Information Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Form and Timing of Response. (1) Intermediary agrees to provide, provide promptly upon written request of the Fund or its designee, the requested information specified in 1(a). If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify Fund. If requested by the Fund or its Designee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it has received the identification and transaction information specified in 1(a) is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designee, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a) for those Customers who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund whether it plans to perform (i) or (ii). (2) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the Fund or Fund's Designee and the Intermediary; and (3) To the extent practicable, the format for any transaction information provided to the Fund should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 1 contract

Samples: Customer Information Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Form and Timing of Response. (1) Intermediary agrees to provide, promptly promptly, upon receipt of the written request of from the Fund Agent, the Fund or its designeeDesignee, the requested information specified in 1(a)Transaction Information. If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify Fund. If requested by the Fund or its Designee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it has received the identification and transaction information specified in 1(a) Customer Information is itself a financial intermediary ("indirect intermediary") and, upon further written request of the Fund or its designeeDesignee, promptly promptly, but in any event not later than five (5) to ten (10) business days, either: (i) provide (or arrange to have provided) the information set forth in 1(a) Customer Information for those Customers who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund whether it plans to perform (i) or (ii). (2) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the Fund Agent , Fund or Fund's Designee its Designee, if applicable, and the Intermediary; and (3) To the extent practicable, the format for any transaction information Transaction Information provided to the Fund Agent, the Fund or its Designee should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 1 contract

Samples: Customer Information Agreement (Ml of New York Variable Annuity Separate Account D)

Form and Timing of Response. (1) Intermediary agrees to provide, promptly upon written request of the Fund or its designeeDesignee, the requested information specified in 1(a). If such request covers a period ninety (90) to one hundred eighty (180) days prior to the date of the request, Intermediary agrees to use its best efforts to provide the information specified in 1(a) within five (5) to ten (10) business days. If Intermediary determines during the course of investigation that due to the scope of the request, Intermediary will need additional time to provide the requested information, Intermediary shall promptly notify Fund. If requested by the Fund or its Designee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it the Fund or its Designee has received the identification and transaction information specified in 1(a) is itself a financial intermediary ("indirect intermediary"" within the meaning of Rule 22c-2 of the Investment Company Act) and, upon further written request of the Fund or its designeeDesignee, promptly either: (i) provide (or arrange to have provided) the information set forth in 1(a) for those Customers who hold an account with an indirect intermediary; or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund. Intermediary additionally agrees to inform the Fund whether it plans to perform (i) or (ii). (2) Responses required by this paragraph must be communicated in writing and in a format mutually agreed upon by the Fund or Fund's Designee and the Intermediary; and (3) To the extent practicable, the format for any transaction information provided to the Fund should be consistent with the NSCC Standardized Data Reporting Format.

Appears in 1 contract

Samples: Customer Information Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

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