Common use of Information Sharing Clause in Contracts

Information Sharing. The Tender and Paying Agent is a global financial organization that operates in and provides services and products to clients through its affiliates and subsidiaries located in multiple jurisdictions (the "BNY Mellon Group"). The BNY Mellon Group may (i) centralize in one or more affiliates and subsidiaries certain activities (the "Centralized Functions"), including audit, accounting, administration, risk management, legal, compliance, sales, product communication, relationship management, and the compilation and analysis of information and data regarding the Liquidity Provider (which, for purposes of this provision, includes the name and business contact information for the Liquidity Provider employees and representatives) and the accounts established pursuant to this Agreement ("Liquidity Provider Information") and (ii) use third party service providers to store, maintain and process the Liquidity Provider Information ("Outsourced Functions"). Notwithstanding anything to the contrary contained elsewhere in this Agreement and solely in connection with the Centralized Functions and/or Outsourced Functions, the Liquidity Provider consents to the disclosure of, and authorizes the Tender and Paying Agent to disclose, the Liquidity Provider Information to (i) other members of the BNY Mellon Group (and their respective officers, directors and employees) and to (ii) third-party service providers (but solely in connection with Outsourced Functions) who are required to maintain the confidentiality of the Liquidity Provider Information. In addition, the BNY Mellon Group may aggregate the Liquidity Provider Information with other data collected and/or calculated by the BNY Mellon Group, and the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies the Liquidity Provider Information with the Liquidity Provider specifically. The Liquidity Provider represents that the Liquidity Provider is authorized to consent to the foregoing and that the disclosure of the Liquidity Provider Information in connection with the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislation. The Liquidity Provider also consents to the disclosure of the Liquidity Provider Information to governmental and regulatory authorities in jurisdictions where the BNY Mellon Group operates and otherwise as required by law.

Appears in 6 contracts

Samples: VRDP Shares Purchase Agreement (Bank of America Corp /De/), VRDP Shares Purchase Agreement (Bank of America Corp /De/), VRDP Shares Purchase Agreement (Bank of America Corp /De/)

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Information Sharing. Each of the Issuer and the Guarantor understands that The Tender and Paying Agent Bank of New York Mellon Corporation is a global financial organization that operates in and provides services and products to clients through its affiliates and subsidiaries located in multiple jurisdictions (the "BNY Mellon Group"). The Each of the Issuer and the Guarantor also understands that the BNY Mellon Group may (i) centralize in one or more affiliates and affiliates, subsidiaries or unaffiliated service providers certain activities (the "Centralized Functions")activities, including audit, accounting, administration, risk management, legal, compliance, sales, product communicationmarketing, relationship management, and the compilation storage, maintenance, aggregation, processing and analysis of information and data regarding the Liquidity Provider (whichIssuer. Consequently, for purposes each of this provision, includes the name and business contact information for the Liquidity Provider employees and representatives) Issuer and the accounts established pursuant to this Agreement ("Liquidity Provider Information") and (ii) use third party service providers to store, maintain and process the Liquidity Provider Information ("Outsourced Functions"). Notwithstanding anything to the contrary contained elsewhere in this Agreement and solely in connection with the Centralized Functions and/or Outsourced Functions, the Liquidity Provider Guarantor hereby consents to the disclosure of, and authorizes the Tender Trustee (in each of its capacities hereunder as Trustee and Paying Agent as agent) to disclose, the Liquidity Provider Information disclose to (i) other members of the BNY Mellon Group (and their respective officers, directors and employees) information and data regarding the Issuer, its employees and representatives, and any accounts established pursuant to (ii) third-party service providers (but solely this Agreement in connection with Outsourced Functionsthe foregoing activities. To the extent that information and data includes personal data encompassed by relevant data protection legislation applicable to the Issuer or the Guarantor, each of the Issuer and the Guarantor represents and warrants that it is authorized to provide the foregoing consents and authorizations and that the disclosure to Trustee (in each of its capacities hereunder as Trustee and as agent) will comply with the relevant data protection legislation. Each of the Issuer and the Guarantor acknowledges and agrees that information concerning the Issuer may be disclosed to unaffiliated service providers who are required to maintain the confidentiality of the Liquidity Provider Information. In additionsuch information, the BNY Mellon Group may aggregate the Liquidity Provider Information with other data collected and/or calculated by the BNY Mellon Group, and the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies the Liquidity Provider Information with the Liquidity Provider specifically. The Liquidity Provider represents that the Liquidity Provider is authorized to consent to the foregoing and that the disclosure of the Liquidity Provider Information in connection with the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislation. The Liquidity Provider also consents to the disclosure of the Liquidity Provider Information to governmental and regulatory authorities in jurisdictions where the BNY Mellon Group operates operates, and otherwise as required by law. The Issuer and the Guarantor acknowledge that the Trustee and its affiliates may have interests in, or may be providing or may in the future provide financial or other services to, other parties with interests which the Issuer and/or the Guarantor may regard as conflicting with their respective interests and may possess information other than as a result of the Trustee and the Agents acting hereunder, that the Trustee and the Agents may not be entitled to share with the Issuer and the Guarantor. The Trustee and the Agents will not disclose non-public information obtained from the Issuer and/or the Guarantor to any of the Trustee’s and/or Agents’ other customers nor will they use on the Issuer’s or the Guarantor’s behalf any non-public information obtained from any other customer. Without prejudice to the foregoing, each of the Issuer and the Guarantor agrees that the Trustee and the agents may deal (whether for its own or its customers’ account) in, or advise on, securities of any party and that such dealing or giving of advice, will not constitute a conflict of interest for the purposes of the Securities or this Indenture.

Appears in 4 contracts

Samples: Indenture (CNOOC Finance (2015) U.S.A. LLC), Indenture (CNOOC Finance (2015) U.S.A. LLC), Indenture (CNOOC Finance (2015) U.S.A. LLC)

Information Sharing. The Tender and Paying Agent is a global financial organization that operates in and provides services and products to clients through its affiliates and subsidiaries located in multiple jurisdictions (the "BNY Mellon Group"). The BNY Mellon Group may (i) centralize in one or more affiliates and subsidiaries certain activities (the "Centralized Functions"), including audit, accounting, administration, risk management, legal, compliance, sales, product communication, relationship management, and the compilation and analysis of information and data regarding the Liquidity Provider (which, for purposes of this provision, includes the name and business contact information for the Liquidity Provider employees and representatives) and the accounts established pursuant to this Agreement ("Liquidity Provider Information") and (ii) use third party service providers to store, maintain and process the Liquidity Provider Information ("Outsourced Functions"). Notwithstanding anything to the contrary contained elsewhere in this Agreement and solely in connection with the Centralized Functions and/or Outsourced Functions, the Liquidity Provider consents to the disclosure of, and authorizes the Tender and Paying Agent to disclose, the Liquidity Provider Information to (i) other members of the BNY Mellon Group (and their respective officers, directors and employees) and to (ii) third-party service providers (but solely in connection with Outsourced Functions) who are required to maintain the confidentiality of the Liquidity Provider Information. In addition, the BNY Mellon Group may aggregate the Liquidity Provider Information with other data collected and/or calculated by the BNY Mellon Group, and the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies the Liquidity Provider Information with the Liquidity Provider specifically. The Liquidity Provider represents that the Liquidity Provider is authorized to consent to the foregoing and that the disclosure of the Liquidity Provider Information in connection with the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislation. The Liquidity Provider also consents to the disclosure of the Liquidity Provider Information to governmental and regulatory authorities in jurisdictions where the BNY Mellon Group operates and otherwise as required by law.

Appears in 4 contracts

Samples: VRDP Shares Purchase Agreement (Bank of America Corp /De/), VRDP Shares Purchase Agreement (Bank of America Corp /De/), VRDP Shares Purchase Agreement (Bank of America Corp /De/)

Information Sharing. The Tender and Paying Agent Bank of New York Mellon Corporation is a global financial organization that operates in and provides services and products to clients through its affiliates and subsidiaries located in multiple jurisdictions (the "BNY Mellon Group"). The BNY Mellon Group may (ia) centralize in one or more affiliates and subsidiaries certain activities (the "Centralized Functions"), including audit, accounting, administration, risk management, legal, compliance, sales, product communication, relationship management, and the compilation and analysis of information and data regarding the Liquidity Provider Grantor, the Beneficiary and the Direct Insurer (which, for purposes of this provision, includes is the name and business contact information for the Liquidity Provider Grantor’s, the Beneficiary’s and the Direct Insurer’s respective employees and representativesRepresentatives) and the accounts established pursuant to this Agreement ("Liquidity Provider “Account Information") and (iib) use third party service providers to store, maintain and process the Liquidity Provider Account Information ("Outsourced Functions"). Notwithstanding anything to the contrary contained elsewhere in this Agreement and solely in connection with the Centralized Functions and/or Outsourced Functions, the Liquidity Provider consents Grantor’s, the Beneficiary’s and the Direct Insurer’s respective consent to the disclosure of, and authorizes the Tender and Paying Agent authorize BNY Mellon to disclose, the Liquidity Provider disclose Account Information to (i) other members of the BNY Mellon Group (and their respective officers, directors and employees) and to (ii) third-party service providers (but solely in connection with Outsourced Functions) who are required to maintain the confidentiality of the Liquidity Provider InformationGrantor’s, the Beneficiary’s and the Direct Insurer’s Account Information in furtherance of the Trustee’s performance of its obligations hereunder. In addition, the BNY Mellon Group may aggregate the Liquidity Provider Account Information with other data collected and/or calculated by the BNY Mellon Group, and the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies the Liquidity Provider Account Information with the Liquidity Provider Grantor, the Beneficiary and the Direct Insurer specifically. The Liquidity Provider represents that Grantor, the Liquidity Provider is authorized Beneficiary and the Direct Insurer each as to itself also consent to the foregoing and that the disclosure of the Liquidity Provider Information in connection with the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislation. The Liquidity Provider also consents to the disclosure of the Liquidity Provider Grantor’s, the Beneficiary’s and the Direct Insurer’s Account Information to governmental and regulatory authorities in jurisdictions where the BNY Mellon Group operates and otherwise as required by law.

Appears in 2 contracts

Samples: Annuity Reinsurance Agreement (Talcott Resolution Life Insurance Co), Annuity Reinsurance Agreement (Talcott Resolution Life Insurance Co)

Information Sharing. The Tender and Paying Agent Bank of New York Mellon Corporation is a global financial organization that operates in and provides services and products to clients through its affiliates and subsidiaries located in multiple jurisdictions (the "BNY Mellon Group"). The BNY Mellon Group may (i) centralize in one or more affiliates and subsidiaries certain activities (the "Centralized Functions"), including audit, accounting, administration, risk management, legal, compliance, sales, product communication, relationship management, and the compilation and analysis of information and data regarding the Liquidity Provider Grantor and Beneficiary (which, for purposes of this provision, includes is the name and business contact information for the Liquidity Provider Grantor and Beneficiary’s employees and representativesRepresentatives) and the accounts established pursuant to this Agreement ("Liquidity Provider “Grantor and Beneficiary Information") and (ii) use third party service providers to store, maintain and process the Liquidity Provider Grantor and Beneficiary’s Information ("Outsourced Functions"). Notwithstanding anything to the contrary contained elsewhere in this Agreement and solely in connection with the Centralized Functions and/or Outsourced Functions, the Liquidity Provider consents Grantor and Beneficiary consent to the disclosure of, and authorizes authorize the Tender and Paying Agent BNY Mellon Group to disclose, the Liquidity Provider Grantor and Beneficiary’s Information to (i) other members of the BNY Mellon Group (and their respective officers, directors and employees) and to (ii) third-party service providers (but solely in connection with Outsourced Functions) who are required to maintain the confidentiality of Grantor and Beneficiary’s Information in furtherance of the Liquidity Provider InformationTrustee’s performance of its obligations hereunder. In addition, the BNY Mellon Group may aggregate the Liquidity Provider Grantor and Beneficiary’s Information with other data collected and/or calculated by the BNY Mellon Group, and the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies the Liquidity Provider Grantor and Beneficiary Information with the Liquidity Provider Grantor and Beneficiary specifically. The Liquidity Provider represents that the Liquidity Provider is authorized to Grantor and Beneficiary also consent to the foregoing and that the disclosure of the Liquidity Provider Information in connection with the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislation. The Liquidity Provider also consents to the disclosure of the Liquidity Provider Grantor and Beneficiary’s Information to governmental and regulatory authorities in jurisdictions where the BNY Mellon Group operates and otherwise as required by law.

Appears in 2 contracts

Samples: Annuity Reinsurance Agreement (Talcott Resolution Life Insurance Co), Annuity Reinsurance Agreement (Talcott Resolution Life Insurance Co)

Information Sharing. The Tender Custodian may share data and Paying Agent information to the same extent and under the same conditions that your Service Agreement provides for the Recordkeeper. Or, if your Service Agreement is more restrictive, the Custodian may share data and information as set forth below: AdvisorTrust may share data and information – including Nonpublic Personal Information about Individuals,including a global financial organization that operates in Plan’s Participants (including an employee who has no account but is eligible to make an elective deferralor be credited with an employer-provided contribution), a participating employer’s employees who might become eligible as a Participant and about the Plan’s Beneficiaries and Alternate Payees – with a Service Provider (includinga bank, trust company, Investment Adviser, securities broker-dealer, or insurance agency) if AdvisorTrust reasonablybelieves the Service Provider provides services to the Plan and products the Service Provider has delivered to clients through AdvisorTrust oran Affiliate a written agreement under which the Service Provider obligates itself to: use the information only to provide services to or regarding the Plan; not sell Nonpublic Personal Information about Individuals; not keep, use, or disclose the information other than as appropriate to provide the services; obey Federal and State privacy laws as they apply to AdvisorTrust or its affiliates Affiliate; and subsidiaries located in multiple jurisdictions (maintain security controls, compliance procedures, supervision procedures, and training sufficient to meet those obligations. Further, AdvisorTrust may share information with a Service Provider’s service provider if the "BNY Mellon Group")Service Provider confirmed to AdvisorTrust or its Affiliate that the service provider is bound by written obligations no less than those required of the Service Provider. The BNY Mellon Group AdvisorTrust and its Affiliates may presume a Service Provider provides a service to or regarding the Plan if: (i) centralize in one you so instruct AdvisorTrust or more affiliates and subsidiaries certain activities (the "Centralized Functions"), including audit, accounting, administration, risk management, legal, compliance, sales, product communication, relationship management, and the compilation and analysis of information and data regarding the Liquidity Provider (which, for purposes of this provision, includes the name and business contact information for the Liquidity Provider employees and representatives) and the accounts established pursuant to this Agreement ("Liquidity Provider Information") and an Affiliate; (ii) use third party you, a Directing Person, or the Service Provider furnishes a copy of an agreement that shows the service providers to storeor regarding the Plan; (iii) the Plan’s most recently filed Form 5500 Report names the Person as a Service Provider or as having received, maintain and process even indirectly, compensation regarding the Liquidity Provider Information Plan; or ("Outsourced Functions"). Notwithstanding anything iv) there is other written information that makes it Prudent for AdvisorTrust to the contrary contained elsewhere in this Agreement and solely in connection with the Centralized Functions and/or Outsourced Functions, the Liquidity Provider consents to the disclosure of, and authorizes the Tender and Paying Agent to disclose, the Liquidity Provider Information to (i) other members of the BNY Mellon Group (and their respective officers, directors and employees) and to (ii) third-party service providers (but solely in connection with Outsourced Functions) who are required to maintain the confidentiality of the Liquidity Provider Information. In addition, the BNY Mellon Group may aggregate the Liquidity Provider Information with other data collected and/or calculated by the BNY Mellon Group, and the BNY Mellon Group will own all such aggregated data, provided believe that the BNY Mellon Group shall not distribute Service Provider provides a service to or regarding the aggregated data in a format that identifies the Liquidity Provider Information with the Liquidity Provider specifically. The Liquidity Provider represents that the Liquidity Provider is authorized to consent to the foregoing and that the disclosure of the Liquidity Provider Information in connection with the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislation. The Liquidity Provider also consents to the disclosure of the Liquidity Provider Information to governmental and regulatory authorities in jurisdictions where the BNY Mellon Group operates and otherwise as required by lawPlan.

Appears in 1 contract

Samples: Custodial Account Agreement

Information Sharing. The Tender and Paying Agent Bank of New York Mellon Corporation is a global financial organization that operates in and provides services and products to clients through its affiliates and subsidiaries located in multiple jurisdictions (the "BNY Mellon Group"). The BNY Mellon Group may (i) centralize in one or more affiliates and subsidiaries certain activities (the "Centralized Functions"), including audit, accounting, administration, risk management, legal, compliance, sales, product communication, relationship management, and the compilation and analysis of information and data regarding the Liquidity Provider Grantor and WestRock (which, for purposes of this provision, includes the name and business contact information for the Liquidity Provider Grantor and WestRock’s employees and representatives) and the accounts established pursuant to this Agreement ("Liquidity Provider “Grantor and WestRock Information") and (ii) use third party service providers to store, maintain and process the Liquidity Provider Grantor and WestRock’s Information ("Outsourced Functions"). Notwithstanding anything to the contrary contained elsewhere in this Agreement and solely in connection with the Centralized Functions and/or Outsourced Functions, the Liquidity Provider consents Grantor and WestRock consent to the disclosure of, and authorizes the Tender and Paying Agent authorize BNY Mellon to disclose, the Liquidity Provider Grantor and WestRock’s Information to (i) other members of the BNY Mellon Group (and their respective officers, directors and employees) and to (ii) third-party service providers (but solely in connection with Outsourced Functions) who are required to maintain the confidentiality of the Liquidity Provider Grantor and WestRock’s Information. In addition, the BNY Mellon Group may aggregate the Liquidity Provider Grantor and WestRock’s Information with other data collected and/or calculated by the BNY Mellon Group, and the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies the Liquidity Provider Grantor and WestRock Information with the Liquidity Provider Grantor and WestRock specifically. The Liquidity Provider represents Grantor and WestRock represent that the Liquidity Provider is Grantor and WestRock are authorized to consent to the foregoing and that the disclosure of the Liquidity Provider Grantor and WestRock’s Information in connection with the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislation. The Liquidity Provider Grantor and WestRock also consents consent to the disclosure of the Liquidity Provider Grantor and WestRock’s Information to governmental and regulatory authorities in jurisdictions where the BNY Mellon Group operates and otherwise as required by law.

Appears in 1 contract

Samples: Trust Agreement (WestRock Co)

Information Sharing. The Tender and Paying Agent Bank of New York Mellon Corporation is a global financial organization that operates in and provides services and products to clients through its affiliates Affiliates and subsidiaries located in multiple jurisdictions (the "BNY Mellon Group"). The BNY Mellon Group may (i) centralize in one or more affiliates and subsidiaries certain activities (the "Centralized Functions"), including audit, accounting, administration, risk management, legal, compliance, sales, product communication, relationship management, and the compilation and analysis of information and data regarding the Liquidity Provider Grantor and Beneficiary (which, for purposes of this provision, includes the name and business contact information for the Liquidity Provider Grantor and Beneficiary’s employees and representatives) and the accounts established pursuant to this Agreement ("Liquidity Provider “Grantor and Beneficiary Information") and (ii) use third party service providers to store, maintain and process the Liquidity Provider Grantor and Beneficiary’s Information ("Outsourced Functions"). Notwithstanding anything to the contrary contained elsewhere in this Agreement and solely in connection with the Centralized Functions and/or Outsourced Functions, the Liquidity Provider consents Grantor and Beneficiary consent to the disclosure of, and authorizes authorize the Tender and Paying Agent Trustee to disclose, the Liquidity Provider Grantor and Beneficiary’s Information to (i) other members of the BNY Mellon Group (and their respective officers, directors and employees) and to (ii) third-party service providers (but solely in connection with Outsourced Functions) who are required to maintain the confidentiality of the Liquidity Provider Grantor and Beneficiary’s Information. In addition, the BNY Mellon Group may aggregate the Liquidity Provider Grantor and Beneficiary’s Information with other data collected and/or calculated by the BNY Mellon Group, and the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies the Liquidity Provider Grantor and Beneficiary Information with the Liquidity Provider Grantor and Beneficiary specifically. The Liquidity Provider represents Grantor and Beneficiary represent that the Liquidity Provider is Grantor and Beneficiary are authorized to consent to the foregoing and that the disclosure of the Liquidity Provider Grantor and Beneficiary’s Information in connection with the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislation. The Liquidity Provider Grantor and Beneficiary also consents consent to the disclosure of the Liquidity Provider Grantor and Beneficiary’s Information to governmental and regulatory authorities in jurisdictions where the BNY Mellon Group operates and otherwise as required by law.

Appears in 1 contract

Samples: Master Transaction Agreement (Cna Financial Corp)

Information Sharing. The Tender and Paying Agent Bank of New York Mellon Corporation is a global financial organization that operates in and provides services and products to clients through its affiliates and subsidiaries located in multiple jurisdictions (the "BNY Mellon Group"). The BNY Mellon Group may (i) centralize in one or more affiliates and subsidiaries certain activities (the "Centralized Functions"), including audit, accounting, administration, risk management, legal, compliance, sales, product communication, relationship management, and the compilation and analysis of information and data regarding the Liquidity Provider Interested Parties (which, for purposes of this provision, includes the name and business contact information for the Liquidity Provider Interested Parties employees and representatives) and the accounts established pursuant to this Escrow Agreement ("Liquidity Provider “Interested Parties Information") and (ii) use third party service providers to store, maintain and process the Liquidity Provider Interested Parties Information ("Outsourced Functions"). Notwithstanding anything to the contrary contained elsewhere in this Escrow Agreement and solely in connection with the Centralized Functions and/or Outsourced Functions, the Liquidity Provider consents Interested Parties consent to the disclosure of, and authorizes the Tender and Paying Agent authorize BNY Mellon to disclose, the Liquidity Provider Interested Parties Information to (i) other members of the BNY Mellon Group (and their respective officers, directors and employees) and to (ii) third-party service providers (but solely in connection with Outsourced Functions) who are required to maintain the confidentiality of the Liquidity Provider Interested Parties Information. In addition, the BNY Mellon Group may aggregate the Liquidity Provider Interested Parties Information with other data collected and/or calculated by the BNY Mellon Group, and the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies the Liquidity Provider Interested Parties Information with the Liquidity Provider Interested Parties specifically. The Liquidity Provider represents Interested Parties represent that the Liquidity Provider is Interested Parties are authorized to consent to the foregoing and that the disclosure of the Liquidity Provider Interested Parties Information in connection with the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislation. The Liquidity Provider Interested Parties also consents consent to the disclosure of the Liquidity Provider Interested Parties Information to governmental and regulatory authorities in jurisdictions where the BNY Mellon Group operates and otherwise as required by law.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cellect Biotechnology Ltd.)

Information Sharing. The Tender and Paying Agent Bank of New York Mellon Corporation is a global financial organization that operates in and provides services and products to clients through its affiliates and subsidiaries located in multiple jurisdictions (the "BNY Mellon Group"). The BNY Mellon Group may (i) centralize in one or more affiliates and subsidiaries certain activities (the "Centralized Functions")functions including, including audit, accounting, administration, risk managementrisk, legal, compliance, sales, administration, product communication, relationship management, and the storage, compilation and analysis of information customer-related data, and data regarding other functions (the Liquidity Provider (which“Centralized Functions”) in one or more affiliates, for purposes of this provision, includes the name subsidiaries and business contact information for the Liquidity Provider employees and representatives) and the accounts established pursuant to this Agreement ("Liquidity Provider Information") and (ii) use third third-party service providers to store, maintain and process the Liquidity Provider Information ("Outsourced Functions")providers. Notwithstanding anything to the contrary contained elsewhere in this Agreement and solely Solely in connection with the Centralized Functions and/or Outsourced Functions, (i) the Liquidity Provider Trust consents to the disclosure of, of and authorizes the Tender Bank to disclose information regarding the Trust (“Customer-Related Data”) to the BNY Mellon Group and Paying Agent to discloseits third-party service providers who are subject to confidentiality obligations with respect to such information provided, the Liquidity Provider Information however, that unless such Customer-Related Data is aggregated and anonymized, no such consent is provided for disclosure of Customer-Related Data to (i) other members affiliates and subsidiaries of the BNY Mellon Group (operating as a registered investment manager or adviser to mutual funds, exchange traded funds, other collective investment vehicles, separate accounts or other investment management products and their respective officers, directors and employees) and to (ii) third-party service providers (but solely in connection with Outsourced Functions) who are required to maintain the confidentiality Bank may store the names and business contact information of the Liquidity Provider InformationTrust’s employees and representatives on the systems or in the records of the BNY Mellon Group or its service providers. In addition, the The BNY Mellon Group may aggregate the Liquidity Provider Information Customer-Related Data with other data collected and/or calculated by the BNY Mellon Group, and notwithstanding anything in this Agreement to the contrary the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies the Liquidity Provider Information Customer-Related Data with the Liquidity Provider specificallya particular customer. The Liquidity Provider represents Trust, on behalf of a Fund, confirms that the Liquidity Provider it is authorized to consent to the foregoing and that the disclosure of the Liquidity Provider Information in connection with the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislation. The Liquidity Provider also consents to the disclosure of the Liquidity Provider Information to governmental and regulatory authorities in jurisdictions where the BNY Mellon Group operates and otherwise as required by lawforegoing.

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (Global X Funds)

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Information Sharing. The Tender and Paying Agent Bank of New York Mellon Corporation is a global financial organization that operates in and provides services and products to clients through its affiliates and subsidiaries located in multiple jurisdictions (the "BNY Mellon Group"). The BNY Mellon Group may (i) centralize in one or more affiliates and subsidiaries certain activities (the "Centralized Functions"), including audit, accounting, administration, risk management, legal, compliance, sales, product communication, relationship management, and the compilation and analysis of information and data regarding the Liquidity Provider Grantor and Beneficiary (which, for purposes of this provision, includes the name and business contact information for the Liquidity Provider Grantor and Beneficiary’s employees and representatives) and the accounts established pursuant to this Agreement ("Liquidity Provider “Grantor and Beneficiary Information") and (ii) use third party service providers to store, maintain and process the Liquidity Provider Grantor and Beneficiary’s Information ("Outsourced Functions"). Notwithstanding anything to the contrary contained elsewhere in this Agreement and solely in connection with the Centralized Functions and/or Outsourced Functions, the Liquidity Provider consents Grantor and Beneficiary consent to the disclosure of, and authorizes the Tender and Paying Agent authorize BNY Mellon to disclose, the Liquidity Provider Grantor and Beneficiary’s Information to (i) other members of the BNY Mellon Group (and their respective officers, directors and employees) and to (ii) third-party service providers (but solely in connection with Outsourced Functions) who are required to maintain the confidentiality of the Liquidity Provider Grantor and Beneficiary’s Information. In addition, the Nothing contained herein shall be deemed to prevent BNY Mellon Group may aggregate the Liquidity Provider Information with other from including certain information related to securities holdings and securities transactions in certain internally compiled blind or aggregated data collected and/or calculated by the BNY Mellon Group, and the BNY Mellon Group will own all such aggregated data, which is intended to be used solely for internal purposes; provided that the BNY Mellon Group shall not distribute the aggregated data in a format such information is used without any attribution to Grantor or Beneficiary, either directly or indirectly by implication. Grantor and Beneficiary represent that identifies the Liquidity Provider Information with the Liquidity Provider specifically. The Liquidity Provider represents that the Liquidity Provider is Grantor and Beneficiary are authorized to consent to the foregoing and that the disclosure of the Liquidity Provider Grantor and Beneficiary’s Information in connection with the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislation. The Liquidity Provider Grantor and Beneficiary also consents consent to the disclosure of the Liquidity Provider Grantor and Beneficiary’s Information to governmental and regulatory authorities in jurisdictions where the BNY Mellon Group operates and otherwise as required by law.

Appears in 1 contract

Samples: Annuity Reinsurance Agreement (Horace Mann Life Insurance Co Separate Account)

Information Sharing. The Tender and Paying Agent Bank of New York Mellon Corporation is a global financial organization that operates in and provides services and products to clients through its affiliates and subsidiaries located in multiple jurisdictions (the "BNY Mellon Group"). The BNY Mellon Group may (i) centralize in one or more affiliates and subsidiaries certain activities (the "Centralized Functions"), functions including audit, accounting, administration, risk managementrisk, legal, compliance, sales, administration, product communication, relationship management, and the storage, compilation and analysis of information customer-related data, and data regarding other functions (the Liquidity Provider (which“Centralized Functions”) in one or more affiliates, for purposes of this provision, includes the name subsidiaries and business contact information for the Liquidity Provider employees and representatives) and the accounts established pursuant to this Agreement ("Liquidity Provider Information") and (ii) use third third-party service providers to store, maintain and process the Liquidity Provider Information ("Outsourced Functions")providers. Notwithstanding anything to the contrary contained elsewhere in this Agreement and solely Solely in connection with the Centralized Functions and/or Outsourced Functions, (i) the Liquidity Provider Trust consents to the disclosure of, of and authorizes the Tender Bank to disclose information regarding the Trust (“Customer-Related Data”) to the BNY Mellon Group and Paying Agent to disclose, its third-party service providers who are subject to confidentiality obligations with respect to such information and (ii) the Liquidity Provider Information to (i) other members Bank may store the names and business contact information of the Trust’s employees and representatives on the systems or in the records of the BNY Mellon Group (and their respective officers, directors and employees) and to (ii) third-party or its service providers (but solely in connection with Outsourced Functions) who are required to maintain the confidentiality of the Liquidity Provider Informationproviders. In addition, the The BNY Mellon Group may aggregate the Liquidity Provider Information Customer-Related Data with other data collected and/or calculated by the BNY Mellon Group, and notwithstanding anything in this Agreement to the contrary the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies the Liquidity Provider Information Customer-Related Data with the Liquidity Provider specificallya particular customer. The Liquidity Provider represents Trust confirms that the Liquidity Provider it is authorized to consent to the foregoing foregoing. In Witness Whereof, the parties hereto have caused this Agreement to be executed in their names and that the disclosure on their behalf by and through their duly authorized officers, as of the Liquidity Provider Information in connection with the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislationday and year first above written. First Trust Advisors on behalf of each Exchange-Traded Funds Trust set forth on Exhibit A By: /s/ Name: Title: The Liquidity Provider also consents to the disclosure Bank of the Liquidity Provider Information to governmental New York Mellon By: /s/ Name: Title: First Trust Exchange-Traded Fund III First Trust Horizon Managed Volatility Domestic ETF First Trust Horizon Managed Volatility Developed International ETF First Trust Horizon Managed Volatility Small/Mid ETF First Trust California Municipal High Income ETF First Trust New York Municipal High Income ETF First Trust Short Duration Managed Municipal ETF First Trust Ultra Short Duration Municipal ETF First Trust Municipal High Income ETF First Trust Merger Arbitrage ETF First Trust Preferred Securities and regulatory authorities in jurisdictions where the BNY Mellon Group operates Income ETF First Trust Institutional Preferred Securities and otherwise as required by law.Income ETF First Trust RiverFront Dynamic Developed International ETF First Trust RiverFront Dynamic Europe ETF First Trust RiverFront Dynamic Emerging Markets ETF First Trust Emerging Markets Local Currency Bond ETF First Trust Managed Municipal ETF First Trust Long/Short Equity ETF First Trust Exchange-Traded Fund V First Trust Managed Futures Strategy Fund First Trust Exchange-Traded Fund VI First Trust Nasdaq Bank ETF First Trust Nasdaq Food & Beverage ETF First Trust Nasdaq Oil & Gas ETF First Trust Nasdaq Pharmaceuticals ETF First Trust Nasdaq Semiconductor ETF First Trust Nasdaq Transportation ETF First Trust S-Network E-Commerce ETF First Trust S-Network Streaming & Gaming ETF Emerging Markets Equity Select ETF First Trust Bloomberg Shareholder Yield ETF (SXXX) (fka Large Cap US Equity Select ETF RNLC) Mid Cap US Equity Select ETF Small Cap US Equity Select ETF US Equity Dividend Select ETF First Trust Indxx Medical Devices ETF First Trust Nasdaq Technology Dividend Index Fund Multi-Asset Diversified Income Index Fund First Trust S&P International Dividend Aristocrats Fund First Trust BuyWrite Income ETF First Trust Nasdaq BuyWrite Income ETF First Trust Rising Dividend Achievers ETF First Trust Dxxxxx Xxxxxx Focus 5 ETF First Trust RBA American Industrial Renaissance ® ETF First Trust Dxxxxx Xxxxxx Momentum & Dividend ETF First Trust Dxxxxx Xxxxxx International Focus 5 ETF First Trust Dxxxxx Xxxxxx Dynamic Focus 5 ETF First Trust Indxx Innovative Transaction & Process ETF First Trust Nasdaq Artificial Intelligence and Robotics ETF First Trust International Developed Cap Strength ETF First Trust SXXX Cap Rising Dividend Achievers ETF First Trust Dxxxxx Xxxxxx Momentum & Value ETF First Trust Dxxxxx Xxxxxx Momentum & Low Volatility ETF First Trust Dxxxxx Xxxxxx DALI 1 ETF First Trust Bloomberg R&D Leaders ETF(RND) First Trust Exchange-Traded Fund VII First Trust Alternative Absolute Return Strategy ETF First Trust Global Tactical Commodity Strategy Fund

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (First Trust Exchange-Traded Alphadex Fund Ii)

Information Sharing. The Tender and Paying Agent Bank of New York Mellon Corporation is a global financial organization that operates in and provides services and products to clients through its affiliates and subsidiaries located in multiple jurisdictions (the "BNY Mellon Group"). The BNY Mellon Group may (i) centralize in one or more affiliates and subsidiaries certain activities (the "Centralized Functions"), functions including audit, accounting, administration, risk managementrisk, legal, compliance, sales, administration, product communication, relationship management, and the storage, compilation and analysis of information customer-related data, and data regarding other functions (the Liquidity Provider (which“Centralized Functions”) in one or more affiliates, for purposes of this provision, includes the name subsidiaries and business contact information for the Liquidity Provider employees and representatives) and the accounts established pursuant to this Agreement ("Liquidity Provider Information") and (ii) use third third-party service providers to store, maintain and process the Liquidity Provider Information ("Outsourced Functions")providers. Notwithstanding anything to the contrary contained elsewhere in this Agreement and solely Solely in connection with the Centralized Functions and/or Outsourced Functions, (i) the Liquidity Provider Trust consents to the disclosure of, of and authorizes the Tender Bank to disclose information regarding the Trust (“Customer-Related Data”) to the BNY Mellon Group and Paying Agent to disclose, its third-party service providers who are subject to confidentiality obligations with respect to such information and (ii) the Liquidity Provider Information to (i) other members Bank may store the names and business contact information of the Trust’s employees and representatives on the systems or in the records of the BNY Mellon Group (and their respective officers, directors and employees) and to (ii) third-party or its service providers (but solely in connection with Outsourced Functions) who are required to maintain the confidentiality of the Liquidity Provider Informationproviders. In addition, the The BNY Mellon Group may aggregate the Liquidity Provider Information Customer-Related Data with other data collected and/or calculated by the BNY Mellon Group, and notwithstanding anything in this Agreement to the contrary the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies the Liquidity Provider Information Customer-Related Data with the Liquidity Provider specificallya particular customer. The Liquidity Provider represents Trust confirms that the Liquidity Provider it is authorized to consent to the foregoing In Witness Whereof, the parties hereto have caused this Agreement to be executed in their names and that the disclosure on their behalf by and through their duly authorized officers, as of the Liquidity Provider Information in connection with day and year first above written. First Trust Advisors on behalf of each Exchange-Traded Funds Trust set forth on Exhibit A By:____________________________________ Name:______________________________ Title________________________________ The Bank of New York Mellon By:____________________________________ Name:______________________________ Title________________________________ First Trust Exchange-Traded Fund III First Trust Horizon Managed Volatility Domestic ETF First Trust Horizon Managed Volatility Developed International ETF First Trust Horizon Managed Volatility Small/Mid ETF First Trust California Municipal High Income ETF First Trust New York Municipal High Income ETF First Trust Short Duration Managed Municipal ETF First Trust Ultra Short Duration Municipal ETF First Trust Municipal High Income ETF First Trust Merger Arbitrage ETF First Trust Preferred Securities and Income ETF First Trust Institutional Preferred Securities and Income ETF First Trust RiverFront Dynamic Developed International ETF First Trust RiverFront Dynamic Europe ETF First Trust RiverFront Dynamic Emerging Markets ETF First Trust Emerging Markets Local Currency Bond ETF First Trust Managed Municipal ETF First Trust Long/Short Equity ETF First Trust Exchange-Traded Fund V First Trust Managed Futures Strategy Fund First Trust Exchange-Traded Fund VI First Trust Nasdaq Bank ETF First Trust Nasdaq Food & Beverage ETF First Trust Nasdaq Oil & Gas ETF First Trust Nasdaq Pharmaceuticals ETF First Trust Nasdaq Semiconductor ETF First Trust Nasdaq Transportation ETF First Trust S-Network E-Commerce ETF First Trust S-Network Streaming & Gaming ETF Emerging Markets Equity Select ETF Large Cap US Equity Select ETF Mid Cap US Equity Select ETF Small Cap US Equity Select ETF US Equity Dividend Select ETF First Trust Indxx Medical Devices ETF First Trust Nasdaq Technology Dividend Index Fund Multi-Asset Diversified Income Index Fund First Trust S&P International Dividend Aristocrats Fund First Trust BuyWrite Income ETF First Trust Nasdaq BuyWrite Income ETF First Trust Rising Dividend Achievers ETF First Trust Dxxxxx Xxxxxx Focus 5 ETF First Trust RBA American Industrial Renaissance ® ETF First Trust Dxxxxx Xxxxxx Momentum & Dividend ETF First Trust Dxxxxx Xxxxxx International Focus 5 ETF First Trust Dxxxxx Xxxxxx Dynamic Focus 5 ETF First Trust Indxx Innovative Transaction & Process ETF First Trust Nasdaq Artificial Intelligence and Robotics ETF First Trust International Developed Cap Strength ETF First Trust SXXX Cap Rising Dividend Achievers ETF First Trust Dxxxxx Xxxxxx Momentum & Value ETF First Trust Dxxxxx Xxxxxx Momentum & Low Volatility ETF First Trust Dxxxxx Xxxxxx DALI 1 ETF First Trust Exchange-Traded Fund VII First Trust Alternative Absolute Return Strategy ETF First Trust Global Tactical Commodity Strategy Fund First Trust Exchange-Traded AlphaDEX® Fund II First Trust Asia Pacific Ex-Japan AlphaDEX® Fund First Trust Europe AlphaDEX® Fund First Trust Latin America AlphaDEX® Fund First Trust Brazil AlphaDEX® Fund First Trust China AlphaDEX® Fund First Trust Japan AlphaDEX® Fund First Trust Developed Markets ex-US AlphaDEX® Fund First Trust Emerging Markets AlphaDEX® Fund First Trust Germany AlphaDEX® Fund First Trust United Kingdom AlphaDEX® Fund First Trust Switzerland AlphaDEX® Fund First Trust Emerging Markets Small Cap AlphaDEX® Fund First Trust Developed Markets Ex-U.S. Small Cap AlphaDEX® Fund First Trust Eurozone AlphaDEX® ETF First Trust India NIFTY 50 Equal Weight ETF Source Documents requesting Creations and Redemptions Correspondence/AP Inquiries Reconciliations, bank statements, copies of canceled checks, cash proofs Daily/Monthly reconciliation of outstanding units between the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislation. The Liquidity Provider also consents to the disclosure of the Liquidity Provider Information to governmental Trust and regulatory authorities in jurisdictions where the BNY Mellon Group operates and otherwise as required by law.DTC Net Asset Computation Documentation Dividend Records

Appears in 1 contract

Samples: Transfer Agency and Service Agreement (First Trust Exchange-Traded Fund Iii)

Information Sharing. The Tender and Paying Agent Bank of New York Mellon Corporation is a global financial organization that operates in and provides services and products to clients through its affiliates and subsidiaries located in multiple jurisdictions (the "BNY Mellon Group"). The BNY Mellon Group may (i) centralize in one or more affiliates and subsidiaries certain activities (the "Centralized Functions"), including audit, accounting, administration, risk management, legal, compliance, sales, product communication, relationship management, and the compilation and analysis of information and data regarding the Liquidity Provider Grantor and Beneficiary (which, for purposes of this provision, includes the name and business contact information for the Liquidity Provider Grantor and Beneficiary’s employees and representatives) and the accounts established pursuant to this Agreement ("Liquidity Provider “Grantor and Beneficiary Information") and (ii) use third party service providers to store, maintain and process the Liquidity Provider Grantor and Beneficiary’s Information ("Outsourced Functions"). Notwithstanding anything to the contrary contained elsewhere in this Agreement and solely in connection with the Centralized Functions and/or Outsourced Functions, the Liquidity Provider consents Grantor and Beneficiary consent to the disclosure of, and authorizes the Tender and Paying Agent authorize BNY Mellon to disclose, the Liquidity Provider Grantor and Beneficiary’s Information to (i) other members of the BNY Mellon Group (and their respective officers, directors and employees) and to (ii) third-party service providers (but solely in connection with Outsourced Functions) who are required to maintain the confidentiality of the Liquidity Provider Grantor and Beneficiary’s Information. In addition, the BNY Mellon Group may aggregate the Liquidity Provider Grantor and Beneficiary’s Information with other data collected and/or calculated by the BNY Mellon Group, and the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies the Liquidity Provider Grantor and Beneficiary Information with the Liquidity Provider Grantor and Beneficiary specifically. The Liquidity Provider represents Grantor and Beneficiary represent that the Liquidity Provider is Grantor and Beneficiary are authorized to consent to the foregoing and that the disclosure of the Liquidity Provider Grantor and Beneficiary’s Information in connection with the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislation. The Liquidity Provider Grantor and Beneficiary also consents consent to the disclosure of the Liquidity Provider Grantor and Beneficiary’s Information to governmental and regulatory authorities in jurisdictions where the BNY Mellon Group operates and otherwise as required by law.

Appears in 1 contract

Samples: Coinsurance and Modified Coinsurance Reinsurance Agreement (Lincoln Life & Annuity Variable Annuity Account H)

Information Sharing. The Tender and Paying Agent Bank of New York Mellon Corporation is a global financial organization that operates in and provides services and products to clients through its affiliates Affiliates and subsidiaries Subsidiaries located in multiple jurisdictions (the "BNY Mellon Group"). The BNY Mellon Group may (i) centralize in one or more affiliates Affiliates and subsidiaries Subsidiaries certain activities (the "Centralized Functions"), including audit, accounting, administration, risk management, legal, compliance, sales, product communication, relationship management, and the compilation and analysis of information and data regarding the Liquidity Provider Grantors and Beneficiaries (which, for purposes of this provision, includes the name and business contact information for the Liquidity Provider Grantors’ and Beneficiaries’ employees and representatives) and the accounts established pursuant to this Agreement ("Liquidity Provider “Grantors and Beneficiaries Information") and (ii) use third party service providers to store, maintain and process the Liquidity Provider Grantors and Beneficiaries Information ("Outsourced Functions"). Notwithstanding anything to the contrary contained elsewhere in this Agreement and solely in connection with the Centralized Functions and/or Outsourced Functions, the Liquidity Provider consents Grantors and Beneficiaries consent to the disclosure of, and authorizes authorize the Tender and Paying Agent BNY Mellon Group to disclose, the Liquidity Provider Grantors and Beneficiaries Information to (i) other members of the BNY Mellon Group (and their respective officers, directors and employees) and to (ii) third-party service providers (but solely in connection with Outsourced Functions) who are required to maintain the confidentiality of the Liquidity Provider Grantors and Beneficiaries Information. In addition, the BNY Mellon Group may aggregate the Liquidity Provider Grantors and Beneficiaries Information with other data collected and/or calculated by the BNY Mellon Group, and the BNY Mellon Group will own all such aggregated data, provided that the BNY Mellon Group shall not distribute the aggregated data in a format that identifies the Liquidity Provider Grantors and Beneficiaries Information with the Liquidity Provider Grantors and Beneficiaries specifically. The Liquidity Provider represents Grantors and Beneficiaries represent that the Liquidity Provider is Grantors and Beneficiaries (respectively) are authorized to consent to the foregoing and that the disclosure of the Liquidity Provider Information in connection with the Centralized Functions and/or Outsourced Functions does not violate any relevant data protection legislationforegoing. The Liquidity Provider Grantors and Beneficiaries also consents consent to the disclosure of the Liquidity Provider Grantors and Beneficiaries Information to governmental and regulatory authorities in jurisdictions where the BNY Mellon Group operates and otherwise as required by law.

Appears in 1 contract

Samples: Trust Agreement (Hallmark Financial Services Inc)

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