Market Timing. Dealer represents that it has and will maintain policies and procedures to detect and prevent any market timing transaction that contravenes the restrictions or prohibitions on market timing, if any, as found in the then current Funds’ prospectus and/or statement of additional information. Dealer acknowledges that it is responsible for the sales activities of its licensed representatives including, among other things, improper trading activity in violation of the terms and conditions of the Fund’s then current prospectus.
Market Timing. VPD may refuse to sell shares of any Fund (or series thereof) to any person, or suspend or terminate the offering of shares of any Fund (or series thereof), if such action is required by law or by regulatory authorities having jurisdiction with respect to VPD or Fund, as the case may be, or is, in the reasonable discretion of VPD, reasonably necessary in order to protect the best interests of its investors. You shall establish and maintain policies and procedures reasonably designed to detect, monitor and deter (including, without limitation, rejecting specific purchase orders) account owners (or their agents) whose purchase and redemption activity follows a market timing pattern, and to take such other actions as you deem necessary to discourage or reduce market timing activity. For the purposes hereof, “market timing activity” shall mean and refer to any discernable pattern of excessive trading in and out of a Fund (or series thereof) by one or more account owners (or their agents), including, without limitation, any purchase and sale (round trip) in and out of a single series of a Fund within any thirty day period. The parties acknowledge that, if necessary, such policies and procedures may include the identification of account owners engaged in such market timing activity and the imposition of restrictions on their requests to purchase or exchange Fund shares. You shall provide reasonable reports regarding your implementation and enforcement of such restrictions on purchase and redemption activity that follows a market-timing pattern upon request.
Market Timing. Customer does not presently engage in and will not engage in any Market-Timing Trading Activity, and Customer will not use the proceeds of any financing in furtherance of any Market-Timing Trading Activity. Customer does not presently engage in and will not engage in any transactions and does not and will not cause any person to engage in any transactions, that would constitute, for any party to such transactions, a violation of (i) Rule 22c-1 of the Investment Company Act or (ii) analogous Applicable Law relating to the timing of purchases, sales and exchanges of non-U.S. mutual funds, non-U.S. unit trusts or analogous non-U.S. investment vehicles. Customer will not use the proceeds of any financing to invest, whether directly or indirectly, in Market-Timing Investment Entities and Customer is, and at all times will be, in compliance with (x) Investment Company Act Rule 22c-1 in connection with the purchase, sale and exchange of all U.S. mutual funds and (y) all analogous Applicable Law relating to the timing of purchases, sales and exchanges of non-U.S. mutual funds, non-U.S. unit trusts or analogous non-U.S. investment vehicles. To the extent that Customer learns that Customer has invested in a Market-Timing Investment Entity, Customer shall immediately notify BNPP NY of such investment, including the name of each such Market-Timing Investment Entity and the amount of the investment, as well as Customer’s plan to divest Customer’s investment in such entity in a timely manner, and Customer shall immediately commence such divestment and complete the same in a timely manner.
Market Timing. CMISC will assist other service providers of the Trust as necessary in the implementation of the Trust’s market timing policy adopted by the Board, as set forth in the Fund’s Prospectus. Furthermore, to the extent applicable, CMISC will carry out its obligations set forth in the Fund’s Compliance Program concerning the implementation and administration of policies and procedures relating to Rule 22c-2 under the 1940 Act.
Market Timing. The Transfer Agent will assist other Fund service providers as necessary in the implementation of the Fund's market timing policy adopted by the Board, as set forth in the Fund's prospectus.
Market Timing. Company reserves the right to terminate this Agreement immediately without notice to any other parties if Company, in its reasonable discretion, determines that any of Producer’s or Subproducers’ clients are engaging in market timing activities (that is, programmed, large or frequent transfers) with respect to any portfolios of the Registered Products or that any Producer or Subproducer, is providing advice or assistance to any persons to engage in such market timing activities. Company reserves the right to reject any purchase orders submitted by any parties whom (or whose clients) Company determines to be engaging in market timing activity. In addition to the indemnification provided in Section 6 of this Agreement, and any other liability Producer may have, Producer will be liable to the Company and each portfolio affected by such market timing activity for any damages or losses, actual or consequential, sustained by them as a result of such market timing activity.
Market Timing. Product Distributor represents and warrants that it will not knowingly promote the Shares or the Funds to owners or prospective owners of Contracts or Policies who engage in, or may engage in, frequent or disruptive trading in separate account units that has the potential to result in frequent or disruptive trading in Shares, or otherwise knowingly facilitate the activities of such owners and prospective owners.
Market Timing. The Company has adopted its own Market Timing policies and procedures and will apply these policies and procedures consistently to all contractowners. The Company will also investigate any patterns of trading behavior identified by the Fund. As permitted by law, the Company agrees to cooperate fully with the Distributor for the purpose of preventing market timing, and will upon request furnish the Distributor such information as Distributor may consider necessary or desirable to review the possible existence and extent of market timing by any contractowner. Once Market Timing has been identified within a contract under the Company's Market Timing Procedures, or if the Distributor so determines based on its review of the information provided by the Company, we will impose restrictions on the contractowner's ability to make future transfers.
2. To change the names of certain portfolios, as indicated in Schedule A ("Amendment to Schedule A") that serve as underlying investment media for variable annuity contracts and variable life insurance policies issued by Insurer; and
3. To make shares of the Portfolios of the Fund available by Distributor to serve as underlying investment media for variable annuity contracts and variable life insurance policies issued by Insurer listed in Schedule B ("Amendment to Schedule B").
Market Timing. The Company has adopted its own Market Timing policies and procedures and will apply these policies and procedures consistently to all contractowners. The Company will also investigate any patterns of trading behavior identified by the Fund. As permitted by law, the Company agrees to cooperate fully with the Distributor for the purpose of preventing market timing, and will upon request furnish the Distributor such information as Distributor may consider necessary or desirable to review the possible existence and extent of market timing by any contractowner. Once Market Timing has been identified within a contract under the Company's Market Timing Procedures, or if the Distributor so determines based on its review of the information provided by the Company, we will impose restrictions on the contractowner's ability to make future transfers.
2. Class A shares of the Portfolios of the Fund, as listed in Schedule A ("Amendment to Schedule A") of the Participation Agreement, were made available as of July 15, 2001, to serve as underlying investment media for variable annuity contracts and variable life insurance policies issued by Insurer, and are governed by the terms and conditions of the Participation Agreement (with the exception of Section 9);
3. Shares of the Portfolios of the Fund are made available by Distributor to serve as underlying investment media for variable annuity contracts and variable life insurance policies issued by Insurer listed in Schedule B ("Amendment to Schedule B").
Market Timing. The Company agrees that it will take any and all actions reasonably necessary to ensure the compliance by Contractowners with the Fund’s policies prohibiting “market timing,” as set forth in the Fund’s current prospectus. In the event that it should come to the Company’s attention that any Contractowner is engaging in a pattern of purchases, redemptions and/or exchanges of shares of a Fund that may evidence “market timing,” the Company shall notify the Distributor of such pattern. The Company agrees to cooperate fully with the Distributor for the purpose of preventing “market timing,” and will upon request furnish to the Distributor such information as Distributor may consider necessary or desirable to review the possible existence and extent of “market timing” by any Contractowner. The Company will take any and all such actions as the Distributor may reasonably request in order to terminate any pattern of trading that the Distributor considers to be “market timing,” including, without limitation, refusing the orders of any Contractowner to purchase or exchange shares of the Fund.
