Market Timing and Late Trading. (a) Company acknowledges that Distributor has the right to refuse any purchase order for any reason, particularly if the Trust determines that a Fund would be unable to invest the money effectively in accordance with its investment policies or would otherwise be adversely affected due to the size of the transaction, frequency of trading by the account or other factors.
Market Timing and Late Trading. (A) Insurer shall not knowingly offer, adopt, implement, conduct or participate in any program, plan, arrangement, advice or strategy Distributor or the Funds reasonably deem to be harmful to Shareholders or potentially disruptive to the management of the Funds, as communicated to Insurer by Distributor in writing from time to time, or which violates the policies and procedures of the Funds as disclosed in each Fund's Prospectus; including without limitation, any activity involving market timing, programmed transfer, frequent transfer and similar investment programs. Insurer, at all times during the term of this Agreement, shall have active, formal policies and procedures aimed at deterring "market timers." Such policies and procedures shall provide for Insurer's ongoing review of its customers' account activity and prescribe effective actions to deter or detect and stop disruptive activities; (B) With respect to Shares held by Insurer on an omnibus basis with the Funds, Insurer shall upon Distributor's request, promptly provide the TIN of each Shareholder that purchased, redeemed, transferred or exchanged Shares of a Fund and the amount and dates of such Shareholder purchases, redemptions, transfers and exchanges; and (C) Insurer shall follow Distributor's instructions to restrict or prohibit further purchases or exchanges of Shares by a Shareholder that has been identified by Distributor as having engaged in transactions of Shares (whether directly or through Insurer) that violate the policies and procedures of the Funds as disclosed in each Fund's Prospectus or that are deemed disruptive to the Funds as determined by Distributor in its sole discretion. Upon Insurer's request, Distributor and/or Fund shall provide to Insurer, in a format that may be shared with the affected Shareholder, a written statement that a Shareholder is believed to have violated a Fund's policy regarding frequent trading. Distributor and Funds acknowledge that the date of compliance with Rule 22c-2 is October 16, 2006, and that the SEC is considering further comments on same. Distributor and Funds further acknowledge and agree that Insurer's obligations set forth in this Article X hereof, with respect to Rule 22c-2, shall begin as of such effective date and are subject to change should Rule 22c-2 change, provided that, in the interim, if based upon its review of the activity in any omnibus account held by Insurer, Distributor has concerns that market timing activities have taken ...
Market Timing and Late Trading a. The parties understand and acknowledge that Modern Woodmen has agreed with certain mutual funds made available as investment options under the Contracts, to maintain policies and procedures intended to ensure that Contracts and Purchase Payments therefore are not solicited, offered, or sold in connection with any so-called “market timing” or “asset allocation” program, plan, arrangement or service inconsistent with the market timing policies adopted by such funds. MWAFS agrees that it will not permit the Contracts or Purchase Payments therefore to be solicited, offered or sold by its Representatives in connection with a market timing or asset allocation program inconsistent with the market timing prevention policies and procedures adopted by Modern Woodmen, as communicated by Modern Woodmen to MWAFS from time to time. Should Modern Woodmen determine at its sole discretion that MWAFS is soliciting, offering, or selling, or has solicited, offered, or sold, Contracts or Purchase Payments subject to any so-called “market timing” or “asset allocation” program, plan, arrangement or service that is inconsistent with Modern Woodmen’s policies and procedures, Modern Woodmen may take such action that is necessary, in its sole discretion, to halt such solicitations, offers or sales by MWAFS and its Representatives.
Market Timing and Late Trading. The Company represents and warrants that it has implemented policies and procedures reasonably designed (a) to guard against market timing of the Funds by its Contract Owners and (b) to ensure that purchase and redemption transactions are processed in compliance with all applicable rules and regulations, including but not limited to Rule 22c-1 of the 1940 Act. The Company further represents and warrants that it will follow (a) any procedures set forth in the Agreement; (b) all applicable rules and regulations, including but not limited to Rule 22c-1 of the 1940 Act; and (c) its own internal policies and procedures regarding the processing of purchase and redemption transactions in a timely fashion and regarding anti-market timing policies.
