Common use of Investment Transactions Clause in Contracts

Investment Transactions. Securities held by the Portfolios may also be held by other separate accounts or mutual funds for which the Sub-adviser or its affiliates act as an adviser or sub-adviser, or by the Sub-adviser or its affiliates. Because of different investment objectives or other factors, a particular security may be bought by the Sub-adviser or its affiliates or for one or more clients when one or more clients are selling the same security. In accordance with applicable law, if purchases or sales of securities for the Portfolios or other entities for which the Sub-adviser or its affiliates act as investment adviser or sub-adviser or for their advisory clients arise for consideration at or about the same time, the Fund and Adviser agree that the Sub-adviser may make transactions in such securities, insofar as feasible, for the respective entities and clients in a manner deemed equitable to all. To the extent that transactions on behalf of more than one client of the Sub-adviser during the same period may increase the demand for securities being purchased or the supply of securities being sold, the Fund recognizes that there may be an adverse effect on the price thereof.

Investment Transactions. Securities held by the Portfolios Fund may also be held by other separate accounts or mutual funds for which the Sub-adviser Adviser or its affiliates act as an adviser or sub-adviser, or by the Sub-adviser Adviser or its affiliates. Because of different investment objectives or other factors, a particular security may be bought by the Sub-adviser Adviser or its affiliates or for one or more clients when one or more clients are selling the same security. In accordance with applicable law, if purchases or sales of securities for the Portfolios Fund or other entities for which the Sub-adviser Adviser or its affiliates act as investment adviser or sub-adviser or for their advisory clients arise for consideration at or about the same time, Empower Funds and the Fund and Adviser agree that the Sub-adviser Adviser may make transactions in such securities, insofar as feasible, for the respective entities and clients in a manner deemed equitable to all. To the extent that transactions on behalf of more than one client of the Sub-adviser Adviser during the same period may increase the demand for securities being purchased or the supply of securities being sold, the Fund Empower Funds recognizes that there may be an adverse effect on the price thereof.

Investment Transactions. Securities held by the Portfolios Fund may also be held by other separate accounts or mutual funds for which the Sub-adviser Adviser or its affiliates act as an adviser or sub-adviser, or by the Sub-adviser Adviser or its affiliates. Because of different investment objectives or other factors, a particular security may be bought by the Sub-adviser Adviser or its affiliates or for one or more clients when one or more clients are selling the same security. In accordance with applicable law, if purchases or sales of securities for the Portfolios Fund or other entities for which the Sub-adviser Adviser or its affiliates act as investment adviser or sub-adviser or for their advisory clients arise for consideration at or about the same time, the Fund and Adviser agree that the Sub-adviser Adviser may make transactions in such securities, insofar as feasible, for the respective entities and clients in a manner deemed equitable to all. To the extent that transactions on behalf of more than one client of the Sub-adviser Adviser during the same period may increase the demand for securities being purchased or the supply of securities being sold, the Fund recognizes that there may be an adverse effect on the price thereof.

Investment Transactions. Securities held by the Portfolios Fund Account may also be held by other separate accounts or mutual funds for which the Sub-adviser Adviser or its affiliates act as an adviser or sub-adviser, or by the Sub-adviser Adviser or its affiliates. Because of different investment objectives or other factors, a particular security may be bought by the Sub-adviser Adviser or its affiliates or for one or more clients when one or more clients are selling the same security. In accordance with applicable law, if purchases or sales of securities for the Portfolios Fund Account or other entities for which the Sub-adviser Adviser or its affiliates act as investment adviser or sub-adviser or for their advisory clients arise for consideration at or about the same time, the Fund and Adviser agree that the Sub-adviser Adviser may make transactions in such securities, insofar as feasible, for the respective entities and clients in a manner deemed equitable to all. To the extent that transactions on behalf of more than one client of the Sub-adviser Adviser during the same period may increase the demand for securities being purchased or the supply of securities being sold, the Fund recognizes that there may be an adverse effect on the price thereof.