Common use of Identification of Securities Clause in Contracts

Identification of Securities. (a) During the term of this Agreement, Van Kampen shall provide MCM with reaxxxxxxx xxvance notice of the filing of each registration statement pertaining to a Trust ("Registration Statement"). Following such notice, and in accordance with the process and time frame described in attached Exhibit A, Van Kampen shall provide to MCM a lisx xx xxx xecurities identified by Van Kampen in the manner described in Xxxxxxx X in connection with each Trust. From such lists of securities, MCM, utilizing its proprietary Technical Analysis Methodology referred to in Exhibit A, will provide to Van Kampen a list of recommended secuxxxxxx (xxe "Identified Securities") for use solely in connection with the selection of stocks for the Trusts. Van Kampen will then choose from the Xxxxxxxxxx Securities those securities to be deposited in the related Trust's portfolio (the "Portfolio Securities") based upon all information available to it, including, among other factors, market capitalization and liquidity considerations. (b) MCM will provide Van Kampen with information reasonablx xxxxxxxxd by Van Kampen about the Portfolio Securixxxx xxx xse by Van Kampen in preparing updated prospxxxxx xxxxlosure and marketing materials for the Trusts. MCM shall have no investment authority or discretion with respect to a Trust's Portfolio Securities. MCM agrees to promptly review and comment upon disclosure in the Registration Statement referred to in Section 12 hereof.

Identification of Securities. (a) During the term of this Agreementperiod commencing on the date hereof and ending on the Termination Date (as defined in Section 5 hereof), Van Kampen shall provide MCM C&S with reaxxxxxxx xxvance reasonable advance notice of the filing of each filxxx xx xxxh registration statement (inclusive of any post-effective amendments) pertaining to a Trust ("Registration Statement"). Following such notice) and, and in accordance with subject to the process and time frame described in attached Exhibit Aforegoing, Van Kampen shall provide to MCM a lisx xx xxx xecurities identified by Van Kampen in the manner described in Xxxxxxx X in connection with each Trust. From such lists of securities, MCM, utilizing its proprietary Technical Analysis Methodology referred to in Exhibit A, C&S will provide to Van Kampen within ten (10) days of Van Kampen's written request a list of recommended secuxxxxxx xx xxx xxcurities that fit within xxx xxxxxxxxrs described in Exhibit A in connection with each Trust (xxe the "Identified Securities") for use solely in connection with the selection of stocks for the Trusts). Van Kampen Such Identified Securities will then choose from the Xxxxxxxxxx Securities those securities to be deposited in the related Trust's portfolio (the "Portfolio Securities") based upon ); provided, however, that Van Kampen reserves the right to modify the initial Portfolio Securitixx xxxxx xpon all information available to it, including, among other factors, market capitalization and liquidity considerations, subject to the prior approval of C&S, which approval will not be unreasonably withheld. (b) MCM C&S will provide Van Kampen with information reasonablx xxxxxxxxd reasonably requested by Van Kampen about the Portfolio Securixxxx abxxx xxx xse Xxrtfolio Securities for use by Van Kampen in preparing xxxxxxxxg updated prospxxxxx xxxxlosure prospectus disclosure and marketing materials marketixx xxxxxxxls for the TrustsTrust(s). MCM shall have no investment authority or discretion with respect to a Trust's Portfolio Securities. MCM C&S also agrees to promptly review and comment upon disclosure in the Registration Statement referred to in Section 12 13 hereof. (c) C&S shall periodically consult with and advise Van Kampen regarding the securities or methodologies used to idenxxxx xxxxx securities for inclusion in any Trust at a time and place mutually agreed upon by the parties. With the prior consent of C&S, which consent will not be unreasonably withheld, Van Kampen may permit others to participate in these consultationx.

Identification of Securities. (a) During the term of this Agreementperiod commencing on the date hereof and ending on the Termination Date (as defined in Section 6 hereof), Van Kampen Xxx Xxxxxx shall provide MCM C&S with reaxxxxxxx xxvance reasonable advance notice of the filing of each registration statement (inclusive of any post-effective amendments) pertaining to a Trust ("Registration Statement"). Following such notice) and, and in accordance with subject to the process and time frame foregoing, C&S will provide to Xxx Xxxxxx within ten (10) days of Xxx Xxxxxx'x written request a list of all securities that fit within the parameters described in attached Exhibit A, Van Kampen shall provide to MCM a lisx xx xxx xecurities identified by Van Kampen in the manner described in Xxxxxxx X A in connection with each Trust. From such lists of securities, MCM, utilizing its proprietary Technical Analysis Methodology referred to in Exhibit A, will provide to Van Kampen a list of recommended secuxxxxxx Trust (xxe the "Identified Securities") for use solely in connection with the selection of stocks for the Trusts). Van Kampen Such Identified Securities will then choose from the Xxxxxxxxxx Securities those securities to be deposited in the related Trust's portfolio (the "Portfolio Securities") ); provided, however, that Xxx Xxxxxx reserves the right to modify the initial Portfolio Securities based upon all information available to it, including, among other factors, market capitalization and liquidity considerations, subject to the prior approval of C&S, which approval will not be unreasonably withheld. (b) MCM C&S will provide Van Kampen Xxx Xxxxxx with information reasonablx xxxxxxxxd reasonably requested by Van Kampen Xxx Xxxxxx about the Portfolio Securixxxx xxx xse Securities for use by Van Kampen Xxx Xxxxxx in preparing updated prospxxxxx xxxxlosure prospectus disclosure and marketing materials for the Trusts. MCM shall have no investment authority or discretion with respect to a Trust's Portfolio Securities. MCM C&S also agrees to promptly review and comment upon disclosure in the Registration Statement referred to in Section 12 14 hereof. (c) C&S shall periodically consult with and advise Xxx Xxxxxx regarding the securities or methodologies used to identify those securities for inclusion in any Trust at a time and place mutually agreed upon by the parties. With the prior consent of C&S, which consent will not be unreasonably withheld, Xxx Xxxxxx may permit others to participate in these consultations.

Identification of Securities. (a) During the term of this Agreementperiod commencing on the date hereof and ending on the Termination Date (as defined in Section 5 hereof), Van Kampen Xxx Xxxxxx shall provide MCM Dent Advisors with reaxxxxxxx xxvance reasonable advance notice of the filing of each registration statement pertaining to a Trust ("Registration Statement"). Following such notice) and, subject to the foregoing, Dent and in accordance with Dent Advisors will provide to Xxx Xxxxxx within ten (10) days of Xxx Xxxxxx'x written request a list of securities that fit within the process and time frame parameters described in attached Exhibit A, Van Kampen shall provide to MCM a lisx xx xxx xecurities identified by Van Kampen in the manner described in Xxxxxxx X A in connection with each Trust. From such lists of securities, MCM, utilizing its proprietary Technical Analysis Methodology referred to in Exhibit A, will provide to Van Kampen a list of recommended secuxxxxxx Trust (xxe the "Identified Securities") for use solely in connection with the selection of stocks for the Trusts). Van Kampen Such Identified Securities will then choose from the Xxxxxxxxxx Securities those securities to be deposited in the related Trust's portfolio (the "Portfolio Securities") ); provided, however, that Xxx Xxxxxx reserves the right to modify the initial Portfolio Securities based upon all information available to it, including, among other factors, regulatory, market capitalization and liquidity considerations, subject to the prior approval of Dent, which approval will not be unreasonably withheld. (b) MCM Dent and Dent Advisors will provide Van Kampen Xxx Xxxxxx with information reasonablx xxxxxxxxd reasonably requested by Van Kampen Xxx Xxxxxx about Dent, Dent Foundation, Dent Advisors and the Portfolio Securixxxx xxx xse Securities for use by Van Kampen Xxx Xxxxxx in preparing updated prospxxxxx xxxxlosure prospectus disclosure and marketing materials for the Trusts. MCM shall have no investment authority or discretion with respect Dent, Dent Foundation and Dent Advisors also agree to a Trust's Portfolio Securities. MCM agrees to promptly review and comment upon disclosure in the Registration Statement referred to in Section 12 13 hereof. (c) Dent and Dent Advisors will provide general advice to and will consult with Xxx Xxxxxx with respect to the investment principles set forth in the Books and Dent's investment concerns and strategies. Dent and Dent Advisors shall also periodically consult with and advise Xxx Xxxxxx regarding the securities or methodologies used to identify those securities for inclusion in any Trust at a time and place mutually agreed upon by the parties. With the prior consent of Dent and Dent Advisors, which consent will not be unreasonably withheld, Xxx Xxxxxx may permit others to participate in these consultations. (d) Each of Dent, Dent Foundation and Dent Advisors covenants and agrees that he or it will not describe Xxx Xxxxxx'x services or recommend or specifically endorse Xxx Xxxxxx or its investment products. Further, each of Dent, Dent Foundation and Dent Advisors covenants and agrees that he or it will not, except to the extent incident to the conduct of their business (i) recommend or endorse specific securities (except, in the case of Dent Advisors, as part of Dent Advisors' business as an investment adviser); (ii) become involved in any financial services offered by Xxx Xxxxxx or any other broker-dealer, including (A) opening, maintaining, administering, or closing customer brokerage accounts with Xxx Xxxxxx or any other broker-dealer; (B) soliciting, processing, or facilitating securities transactions relating to customer brokerage accounts with Xxx Xxxxxx or any other broker-dealer; (C) extending credit to any customer for the purpose of purchasing securities through, or carrying securities with, Xxx Xxxxxx or any other broker-dealer; (D) answering customer inquiries or engaging in negotiations involving brokerage accounts or securities transactions; (E) accepting customer securities orders, selecting among broker-dealers or routing orders to markets for execution; (F) handling funds or securities of customers of Xxx Xxxxxx or any other broker-dealer, or effecting clearance or settlement of customer securities trades; or (G) resolving or attempting to resolve any problems, discrepancies, or disputes involving customer accounts of Xxx Xxxxxx or any other broker-dealer or related transactions; provided, however, that nothing herein shall be deemed to govern or limit actions of Dent or Dent Advisors with respect to parties other than Xxx Xxxxxx except when such actions relate to, or could reasonably be deemed to relate to, Xxx Xxxxxx or the Trusts. (e) Each of Dent, Dent Foundation and Dent Advisors represents and warrants that neither it nor any of its officers, directors or employees (i) is subject to an order of the SEC issued under section 15(b) of the Securities Exchange Act of 1934 ("Exchange Act"), (ii) has been convicted within the previous ten years of any felony or misdemeanor involving conduct described in section 15(b)(4) of the Exchange Act, (iii) has been found by the SEC to have engaged, or has been convicted of engaging, in any of the conduct specified in paragraphs (B), (D) or (E) of section 15(b)(4) of the Exchange Act, or (iv) has been the subject of an order, judgment or decree described in section 15(b)(4)(C) of the Exchange Act. This representation shall survive the termination of this Agreement for so long as Xxx Xxxxxx or a Trust is obligated to make payments to the Dent, Dent Foundation or Dent Advisors hereunder.

Identification of Securities. (a) During the term of this AgreementAgreement (as defined in Section 5 hereof), Van Kampen shall provide MCM Dent Advisors with reaxxxxxxx xxvance reasonable advance notice of the filing xx xxx xxxing of each registration statement pertaining to a Trust ("Registration Statement"). Following such notice) and, subject to the foregoing, Dent and in accordance with the process and time frame described in attached Exhibit A, Van Kampen shall provide to MCM a lisx xx xxx xecurities identified by Van Kampen in the manner described in Xxxxxxx X in connection with each Trust. From such lists of securities, MCM, utilizing its proprietary Technical Analysis Methodology referred to in Exhibit A, Dent Advisors will provide to Van Kampen within ten (10) days of Van Kampen's written request a list of recommended secuxxxxxx xx xxxxxxties that fit within the xxxxxxxxxx xescribed in Exhibit A in connection with each Trust (xxe the "Identified Securities") for use solely in connection with the selection of stocks for the Trusts). Van Kampen Such Identified Securities will then choose from the Xxxxxxxxxx Securities those securities to be deposited in the related Trust's portfolio (the "Portfolio Securities") based upon ); provided, however, that Van Kampen reserves the right to modify the initial Portfolio Securitixx xxxxx xpon all information available to it, including, among other factors, regulatory, market capitalization and liquidity considerations, subject to the prior approval of Dent, which approval will not be unreasonably withheld. (b) MCM Dent and Dent Advisors will provide Van Kampen with information reasonablx xxxxxxxxd reasonably requested by Van Kampen about Dxxx, Xxxx Foundation, Dent Advisors and the Portfolio Securixxxx xxx xse Portfolix Xxxxxxxxes for use by Van Kampen in preparing updated prospxxxxx xxxxlosure prospectus disclosure and marketing materials for maxxxxxxx xxr the Trusts. MCM shall have no investment authority or discretion with respect Dent, Dent Foundation and Dent Advisors also agree to a Trust's Portfolio Securities. MCM agrees to promptly review and comment upon disclosure in the Registration Statement referred to in Section 12 13 hereof. (c) Dent and Dent Advisors will provide general advice to and will consult with Van Kampen with respect to the investment principles set forth in the Xxxxx xxx Dent's investment concerns and strategies. Dent and Dent Advisors shall also periodically consult with and advise Van Kampen regarding the securities or methodologies used to identify xxxxx xxxxrities for inclusion in any Trust at a time and place mutually agreed upon by the parties. With the prior consent of Dent and Dent Advisors, which consent will not be unreasonably withheld, Van Kampen may permit others to participate in these consultations. (x) Each of Dent, Dent Foundation and Dent Advisors covenants and agrees that he or it will not describe Van Kampen's services or recommend or specifically endorse Van Kampen xx xxx xxxxxtment products. Further, each of Dent, Dent Fouxxxxxxx xxd Dent Advisors covenants and agrees that he or it will not, except to the extent incident to the conduct of their business (i) recommend or endorse specific securities (except, in the case of Dent Advisors, as part of Dent Advisors' business as an investment adviser); (ii) become involved in any financial services offered by Van Kampen or any other broker-dealer, including (A) opening, maintainxxx, xxxxxistering, or closing customer brokerage accounts with Van Kampen or any other broker-dealer; (B) soliciting, processing, or xxxxxxxxxxng securities transactions relating to customer brokerage accounts with Van Kampen or any other broker-dealer; (C) extending credit to any cusxxxxx xxx the purpose of purchasing securities through, or carrying securities with, Van Kampen or any other broker-dealer; (D) answering customer inquiriex xx xxxxxing in negotiations involving brokerage accounts or securities transactions; (E) accepting customer securities orders, selecting among broker-dealers or routing orders to markets for execution; (F) handling funds or securities of customers of Van Kampen or any other broker-dealer, or effecting clearance or settlxxxxx xx xustomer securities trades; or (G) resolving or attempting to resolve any problems, discrepancies, or disputes involving customer accounts of Van Kampen or any other broker-dealer or related transactions; providex, xxxxxxx, that nothing herein shall be deemed to govern or limit actions of Dent or Dent Advisors with respect to parties other than Van Kampen except when such actions relate to, or could reasonably be xxxxxx xx relate to, Van Kampen or the Trusts. (e) Each of Dent, Dent Foundation xxx Xxxx Xdvisors represents and warrants that neither it nor any of its officers, directors or employees (i) is subject to an order of the SEC issued under section 15(b) of the Securities Exchange Act of 1934 ("Exchange Act"), (ii) has been convicted within the previous ten years of any felony or misdemeanor involving conduct described in section 15(b)(4) of the Exchange Act, (iii) has been found by the SEC to have engaged, or has been convicted of engaging, in any of the conduct specified in paragraphs (B), (D) or (E) of section 15(b)(4) of the Exchange Act, or (iv) has been the subject of an order, judgment or decree described in section 15(b)(4)(C) of the Exchange Act. This representation shall survive the termination of this Agreement for so long as Van Kampen or a Trust is obligated to make payments to the Dent, Dent Xxxxxxxxxx or Dent Advisors hereunder.

Identification of Securities. (a) During the term of this Agreement, Van Kampen shall provide MCM Horizon with reaxxxxxxx xxvance reasonable advance notice of the filing of xxxxxx xx each registration statement (inclusive of any post-effective amendments) pertaining to a Trust ("Registration Statement"). Following such notice) and, and in accordance with subject to the process and time frame described in attached Exhibit Aforegoing, Van Kampen shall provide to MCM a lisx xx xxx xecurities identified by Van Kampen in the manner described in Xxxxxxx X in connection with each Trust. From such lists of securities, MCM, utilizing its proprietary Technical Analysis Methodology referred to in Exhibit A, Horizon will provide to Van Kampen within ten (10) days of Van Kampen's written request a list of recommended secuxxxxxx xx xxx xxcurities that fit within xxx xxxxxxxxrs described in Exhibit A in connection with each Trust (xxe the "Identified Securities") for use solely in connection with the selection of stocks for the Trusts). Van Kampen Such Identified Securities will then choose from the Xxxxxxxxxx Securities those securities to be deposited in the related Trust's portfolio (the "Portfolio Securities") based upon ); provided, however, that Van Kampen reserves the right to modify the initial Portfolio Securitixx xxxxx xpon all information available to it, including, among other factors, market capitalization and liquidity considerations, subject to the prior approval of Horizon, which approval will not be unreasonably withheld. (b) MCM Horizon will provide Van Kampen with information reasonablx xxxxxxxxd reasonably requested by Van Kampen about the Portfolio Securixxxx xxx xse txx Xxxxxxxio Securities for use by Van Kampen in preparing updated prospxxxxx xxxxlosure prexxxxxx xxxated prospectus disclosure and marketing materials for maxxxxxxx xxr the Trusts. MCM shall have no investment authority or discretion with respect to a Trust's Portfolio Securities. MCM Horizon also agrees to promptly review and comment upon disclosure in the Registration Statement referred to in Section 12 hereof. (c) Horizon shall periodically consult with and advise Van Kampen regarding the securities or methodologies used to identify xxxxx xxxxrities for inclusion in any Trust at a time and place mutually agreed upon by the parties. With the prior consent of Horizon, which consent will not be unreasonably withheld, Van Kampen may permit others to participate in these consultations.

Identification of Securities. (a) During the term of this Agreement, Van Kampen shall provide MCM Argus with reaxxxxxxx xxvance reasonable advance notice of the filing of each fxxxxx xx xach registration statement (inclusive of any post-effective amendments) pertaining to a Trust ("Registration Statement"). Following such notice) and, and in accordance with subject to the process and time frame described in attached Exhibit Aforegoing, Van Kampen shall provide to MCM a lisx xx xxx xecurities identified by Van Kampen in the manner described in Xxxxxxx X in connection with each Trust. From such lists of securities, MCM, utilizing its proprietary Technical Analysis Methodology referred to in Exhibit A, Argus will provide to Van Kampen within ten (10) days of Van Kampen's written request a list of recommended secuxxxxxx xx xxx xxcurities that fit within xxx xxxxxxxxrs described in Exhibit A in connection with each Trust (xxe the "Identified Securities") for use solely in connection with the selection of stocks for the Trusts). Van Kampen Such Identified Securities will then choose from the Xxxxxxxxxx Securities those securities to be deposited in the related Trust's portfolio (the "Portfolio Securities") based upon ); provided, however, that Van Kampen reserves the right to modify the initial Portfolio Securitixx xxxxx xpon all information available to it, including, among other factors, market capitalization and liquidity considerations, subject to the prior approval of Argus, which approval will not be unreasonably withheld. (b) MCM Argus will provide Van Kampen with information reasonablx xxxxxxxxd reasonably requested by Van Kampen about the Portfolio Securixxxx xxx xse txx Xxxxxxxio Securities for use by Van Kampen in preparing updated prospxxxxx xxxxlosure prexxxxxx xxxated prospectus disclosure and marketing materials for maxxxxxxx xxr the Trusts. MCM shall have no investment authority or discretion with respect to a Trust's Portfolio Securities. MCM Argus also agrees to promptly review and comment upon disclosure in the Registration Statement referred to in Section 12 hereof. (c) Argus shall periodically consult with and advise Van Kampen regarding the securities or methodologies used to identify xxxxx xxxxrities for inclusion in any Trust at a time and place mutually agreed upon by the parties. With the prior consent of Argus, which consent will not be unreasonably withheld, Van Kampen may permit others to participate in these consultations. (x) Van Kampen acknowledges receipt of the disclosure statement of Argus, xx xxxxxxxd by Rule 204-3 under the Advisers Act, not less than forty-eight (48) hours prior to entering into this Agreement.