Free Shares Other Than Omnibus Shares. Free Shares (excluding Omnibus Shares) of a Fund outstanding on any date shall be attributed to the Distributor or a Successor Distributor, as the case may be, in the same proportion that the Commission Shares (excluding Omnibus Shares) of such Fund outstanding on such date are attributed to it on such date; provided that the Distributor reasonably determines that the Transfer Agent or the Selling Agent is able to produce monthly reports which track the Date of Original Issuance for the Commission Shares related to such Free Shares, then the Free Shares shall be allocated pursuant to clause 1(a), (b) and (c) above.
Appears in 10 contracts
Samples: Underwriting Agreement (Voya FUNDS TRUST), Underwriting Agreement (Voya EQUITY TRUST), Underwriting Agreement (Voya MUTUAL FUNDS)
Free Shares Other Than Omnibus Shares. Free Shares (excluding Omnibus Shares) of a Fund outstanding on any date shall be attributed to the Distributor PSI or a Successor Distributor, as the case may be, in the same proportion that the Commission Shares (excluding Omnibus Shares) of such Fund outstanding on such date are attributed to it on such date; provided that the Distributor if PSI reasonably determines that the Transfer Agent or the Selling Agent is able to produce monthly reports which track the Date of Original Issuance for the Commission Shares related to such Free Shares, then the Free Shares shall be allocated pursuant to clause 1(a), (b) and (c) above.
Appears in 3 contracts
Samples: Underwriting Agreement (Voya SERIES FUND INC), Underwriting Agreement (Ing Variable Insurance Trust), Underwriting Agreement (Pilgrim Mutual Funds)
Free Shares Other Than Omnibus Shares. Free Shares (excluding Omnibus Shares) of a Fund outstanding on any date shall be attributed to the Distributor or a Successor Distributor, as the case may be, in the same proportion that the Commission Shares (excluding Omnibus Shares) of such Fund outstanding on such date are attributed to it on such date; provided that the Distributor reasonably determines that the Transfer Agent or the Selling Agent is able to produce monthly reports which track the Date of Original Issuance for the Commission Shares related to such Free Shares, then the Free Shares shall be allocated pursuant to clause 1(al(a), (b) and (c) above.
Appears in 3 contracts
Samples: Underwriting Agreement (Ing Mutual Funds), Underwriting Agreement (Ing Funds Trust), Underwriting Agreement (Ing Equity Trust)
Free Shares Other Than Omnibus Shares. Free Shares (excluding Omnibus Shares) of a Fund outstanding on any date shall be attributed to the Distributor IID or a Successor Distributor, as the case may be, in the same proportion that the Commission Shares (excluding Omnibus Shares) of such Fund outstanding on such date are attributed to it on such date; provided that the Distributor if IID reasonably determines that the Transfer Agent or the Selling Agent is able to produce monthly reports which track the Date of Original Issuance for the Commission Shares related to such Free Shares, then the Free Shares shall be allocated pursuant to clause 1(a(1)(a), (b) and (c) above.
Appears in 2 contracts
Samples: Underwriting Agreement (Voya SENIOR INCOME FUND), Underwriting Agreement (Ing Senior Income Fund)
Free Shares Other Than Omnibus Shares. Free Shares (excluding Omnibus Shares) of a Fund outstanding on any date shall be attributed to the Distributor IFD or a Successor Distributor, as the case may be, in the same proportion that the Commission Shares (excluding Omnibus Shares) of such Fund outstanding on such date are attributed to it on such date; provided that the Distributor if IFD reasonably determines that the Transfer Agent or the Selling Agent is able to produce monthly reports which track the Date of Original Issuance for the Commission Shares related to such Free Shares, then the Free Shares shall be allocated pursuant to clause 1(a(1)(a), (b) and (c) above.
Appears in 1 contract
Free Shares Other Than Omnibus Shares. Free Shares (excluding Omnibus Shares) of a Fund outstanding on any date shall be attributed to the Distributor VID or a Successor Distributor, as the case may be, in the same proportion that the Commission Shares (excluding Omnibus Shares) of such Fund outstanding on such date are attributed to it on such date; provided that the Distributor if VID reasonably determines that the Transfer Agent or the Selling Agent is able to produce monthly reports which track the Date of Original Issuance for the Commission Shares related to such Free Shares, then the Free Shares shall be allocated pursuant to clause 1(a(1)(a), (b) and (c) above.
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