Common use of Transmission of Instructions Clause in Contracts

Transmission of Instructions. (a) On each Business Day, MHRS shall transmit to Company or Company’s agent the Instructions received prior to the close of trading on the NYSE that day (the “Trade Date”) and the Instructions received after the close of trading on the NYSE on the immediately preceding Business Day. MHRS shall transmit such Instructions no later than 5:00 A.M. Eastern Time on the next Business Day (“Trade Date + 1”) without modification, except for netting and/or aggregation, via the NSCC’s Defined Contribution Clearing and Settlement (“DCC&S”) Fund/SERV system. Notwithstanding the foregoing, to the extent Instructions are not transmitted to Company or Company’s agent via the DCC&S Fund/SERV system, MHRS shall notify Company or Company’s agent and such Instructions shall be either (i) estimated and transmitted via facsimile or (ii) resubmitted via the DCC&S Fund/SERV system by no later than 8:30 A.M. Eastern Time on Trade Date + 1. (b) Instructions transmitted pursuant to Section 5(a) will receive the NAV for each Fund calculated on the Trade Date. The parties acknowledge and agree that as of the date of this Agreement there are not any loads, fees or restrictions that will be applicable in connection with the Plans transactions in the Funds hereunder. The Company agrees to notify MHRS as soon as reasonably practicable in the event any loads, fees and/or restrictions will become applicable in relation to the Plans transactions in the Funds. The parties further acknowledge and agree that any requirement that an Instruction be accompanied by a signature guarantee is waived. (c) MHRS agrees to make a reasonable business effort to provide the Company with advance notice of all large trade estimates that it has received advance notice of from an applicable Plan, including orders relating to transactions outside the ordinary course of a Plan estimated to exceed $1 million.

Appears in 1 contract

Samples: Services Agreement (GMO Series Trust)

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Transmission of Instructions. (a1) On For each Business Day, MHRS Company shall transmit to Company or Company’s agent Fund instructions (the Instructions “Instructions”) received prior to by the close of trading on the NYSE that day (the “Trade Date”) and the Instructions received after the close of trading on the NYSE on the immediately preceding Business Day. MHRS Company shall transmit such Instructions no later than 5:00 A.M. Eastern Time on the next Business Day (“Trade Date + 1”) without modification, except for netting and/or aggregation, via the NSCC’s Defined Contribution Clearing and Settlement (“DCC&S”) Fund/SERV systemsystem no later than 9:00 A.M. Eastern Time on the next Business Day (“Trade Date + 1”). Notwithstanding the foregoing, to the extent Instructions are not transmitted to Company or Company’s agent Fund via the DCC&S Fund/SERV system, MHRS Company shall notify Company or Company’s agent Fund, and such Instructions shall be either (i) estimated and transmitted via facsimile or (ii) resubmitted via the DCC&S Fund/SERV system by no later than 8:30 9:00 A.M. Eastern Time on Trade Date + 1. (b2) Instructions transmitted pursuant to Section 5(ab(1) will receive the NAV for each Fund calculated on the Trade Date. The parties acknowledge . (3) Company represents and agree warrants that (i) Company’s internal control structure over the processing and transmission of Instructions is suitably designed to help prevent or detect on a timely basis Instructions received by close of trading on the NYSE on the Trade Date (“Close of Trading”) from being aggregated with Instructions received after the Close of Trading, and to minimize errors that could result in late transmission of Instructions to the Funds (“Internal Control Procedures”); (ii) Company will review annually the adequacy of its Internal Control Procedures and will change and modify them as necessary to maintain their adequacy; and (iii) upon request by Distributor or Fund, Company will provide Distributor and Fund with a certification from Company that they are adequate as of the date of this Agreement there are not any loads, fees or restrictions that will be applicable in connection with the Plans transactions in the Funds hereunder. The Company agrees to notify MHRS as soon as reasonably practicable in the event any loads, fees and/or restrictions will become applicable in relation to the Plans transactions in the Funds. The parties further acknowledge and agree that any requirement that an Instruction be accompanied by a signature guarantee is waivedmost recent annual review. (c) MHRS agrees to make a reasonable business effort to provide the Company with advance notice of all large trade estimates that it has received advance notice of from an applicable Plan, including orders relating to transactions outside the ordinary course of a Plan estimated to exceed $1 million.

Appears in 1 contract

Samples: Fund Participation Agreement (Jefferson National Life of New York Annuity Account 1)

Transmission of Instructions. (a1) On For each Fund/SERV transaction, including transactions establishing a shareholder account with the Underwriter, the Company shall provide the Funds and Underwriter with all Page 1 of 5 information necessary or appropriate to establish and maintain each Fund/SERV transaction (and any subsequent changes to such information), which the Company hereby certifies is and shall remain true and correct. The Company shall maintain documents required by the Funds or Underwriter to effect Fund/SERV transactions. The Company certifies that all instructions delivered to Underwriter on any Business Day, MHRS Day (“Instructions”) shall transmit to have been received by the Company or Company’s agent from the Instructions received prior to shareholder by the close of trading (currently 4:00 p.m. Eastern time) on the NYSE that day New York Stock Exchange (the “Close of Trading”) on such Business Day (“Trade Date”) and the Instructions that any instructions received by it after the close Close of trading Trading on any given Business Day will be transmitted to Underwriter on the NYSE on the immediately preceding next Business Day. MHRS Each Instruction shall be deemed to be accompanied by a representation by the Company that it has received proper authorization from each person whose purchase, redemption, account transfer or exchange transaction is effected as a result of such Instruction. Company shall transmit such Instructions no later than 5:00 A.M. Eastern Time on the next Business Day (“Trade Date + 1”) without modification, except for netting and/or aggregation, via the NSCC’s Defined Contribution Clearing and Settlement (“DCC&S”) Fund/SERV systemsystem no later than 9:00 A.M. Eastern Time on the next Business Day (“Trade Date + 1”). Notwithstanding the foregoing, to the extent Instructions are not transmitted to Company or Company’s agent Underwriter via the DCC&S Fund/SERV system, MHRS Company shall notify Company or Company’s agent Underwriter, and such Instructions shall be either (i) estimated and transmitted via facsimile or (ii) resubmitted via the DCC&S Fund/SERV system by no later than 8:30 9:00 A.M. Eastern Time on Trade Date + 1. (b2) Instructions transmitted pursuant to Section 5(ab(1) will receive the NAV for each Fund calculated on the Trade Date. The parties acknowledge . (3) Company represents and agree warrants that (i) Company’s internal control structure over the processing and transmission of Instructions is suitably designed to help prevent or detect on a timely basis Instructions received by Close of Trading on the NYSE on the Trade Date from being aggregated with Instructions received after the Close of Trading, and to minimize errors that could result in late transmission of Instructions to the Underwriter (“Internal Control Procedures”); (ii) Company will review annually the adequacy of its Internal Control Procedures and will change and modify them as necessary to maintain their adequacy; and (iii) annually and upon request by Underwriter or Fund, Company will provide Underwriter and Fund with a description of its Internal Control Procedures and a certification from Company that they are adequate as of the date of this Agreement there are not any loads, fees or restrictions that will be applicable in connection with the Plans transactions in the Funds hereunder. The Company agrees to notify MHRS as soon as reasonably practicable in the event any loads, fees and/or restrictions will become applicable in relation to the Plans transactions in the Funds. The parties further acknowledge and agree that any requirement that an Instruction be accompanied by a signature guarantee is waivedmost recent annual review. (c) MHRS agrees to make a reasonable business effort to provide the Company with advance notice of all large trade estimates that it has received advance notice of from an applicable Plan, including orders relating to transactions outside the ordinary course of a Plan estimated to exceed $1 million.

Appears in 1 contract

Samples: Participation Agreement (Transamerica Corporate Separate Account Sixteen)

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Transmission of Instructions. (a) On For each Business Day, MHRS Company shall transmit to Company or Company’s agent the PSERV Instructions received prior to by the close of trading on the NYSE that day (the “Trade Date”) and the Instructions received after the close of trading on the NYSE on the immediately preceding Business Day. MHRS Company shall transmit such Instructions no later than 5:00 A.M. Eastern Time on the next Business Day (“Trade Date + 1”) without modification, except for netting and/or aggregation, via the NSCC’s Defined Contribution Clearing and Settlement (“DCC&S”) Fund/SERV systemsystem no later than 9:00 A.M. Eastern Time on the next Business Day (“Trade Date + 1”). Notwithstanding the foregoing, to the extent Instructions are not transmitted to Company or Company’s agent PSERV via the DCC&S Fund/SERV system, MHRS Company shall notify Company or Company’s agent PSERV, and such Instructions shall be either (i) estimated and transmitted via facsimile or (ii) resubmitted via the DCC&S Fund/SERV system by no later than 8:30 9:00 A.M. Eastern Time on Trade Date + 1. (b) Instructions transmitted pursuant to Section 5(a2(a) will receive the NAV for each Fund calculated on the Trade Date. The parties acknowledge and agree that as of the date of this Agreement there are not any loads, fees or restrictions that will be applicable in connection with the Plans transactions in the Funds hereunder. The Company agrees to notify MHRS as soon as reasonably practicable in the event any loads, fees and/or restrictions will become applicable in relation to the Plans transactions in the Funds. The parties further acknowledge and agree that any requirement that an Instruction be accompanied by a signature guarantee is waived. (c) MHRS agrees Company represents and warrants that (i) Company’s internal control structure over the processing and transmission of Instructions is suitably designed to make help prevent or detect on a reasonable business effort timely basis Instructions received by close of trading on the NYSE on the Trade Date (“Close of Trading”) from being aggregated with Instructions received after the Close of Trading, and to minimize errors that could result in late transmission of Instructions to the Funds (“Internal Control Procedures”); (ii) Company will review annually the adequacy of its Internal Control Procedures and will change and modify them as necessary to maintain their adequacy; and (iii) annually and upon request by PRM or PSERV, Company will provide PRM and PSERV with a description of its Internal Control Procedures and a certification from Company that they are adequate as of the Company with advance notice of all large trade estimates that it has received advance notice of from an applicable Plan, including orders relating to transactions outside the ordinary course of a Plan estimated to exceed $1 millionmost recent annual review.

Appears in 1 contract

Samples: NSCC Trading Agreement (Thrivent Variable Annuity Account I)

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