EXHIBIT 8(a)(ii)
ULTRA SERIES FUND
RULE 22C-2 SHAREHOLDER INFORMATION AGREEMENT
This Agreement is made as of October 16, 2006, or such other compliance
date mandated by Rule 22c-2 of the Investment Company Act of 1940 ("RULE 22C-2")
by and between the Ultra Series Fund ("Fund") and CUNA Mutual Insurance Society
("Intermediary").
WHEREAS, The Intermediary facilitates trading for shareholders
investing in one or more subaccounts of the underlying portfolios in the Fund;
WHEREAS, Rule 22c-2 requires the Fund to enter into a Shareholder
Information Agreement with each financial intermediary, as defined by Rule
22c-2; and
NOW THEREFORE, in consideration of the foregoing and the mutual
promises set forth below, the parties agree as follows:
1. AGREEMENT TO PROVIDE SHAREHOLDER INFORMATION. Intermediary agrees to
provide the Fund, upon written request, the taxpayer identification number
("TIN"), if known, of any or all Shareholder(s) of the account and the amount,
date, name or other identifier of any investment professional(s) associated with
the Shareholder(s) or account (if known), and transaction type (purchase,
redemption, transfer, or exchange) of every purchase, redemption, transfer, or
exchange of Shares held through an account maintained by the Intermediary during
the period covered by the request.
1.1 PERIOD COVERED BY REQUEST. Requests must set forth a specific
period, not to exceed 90 days from the date of the request, for
which transaction information is sought. The Fund may request
transaction information older than 90 days from the date of the
request as is deemed necessary to investigate compliance with
policies established by the Fund for the purposes of eliminating
or reducing any dilution of the value of the outstanding shares
issued by the Fund.
1.2 FORM AND TIMING OF RESPONSE. Intermediary agrees to transmit the
requested information that is on its books and records to the
Fund or its designee promptly, but in any event not later than
five (5) business days or such other time as agreed to by the
Fund, after receipt of a request. If the requested information is
not on the Intermediary's books and records, Intermediary agrees
to promptly obtain and transmit the requested information.
Responses required by this paragraph must be communicated in
writing and in a format mutually agreed upon by the parties. To
the extent practicable, the format for any transaction
information provided to the Fund should be consistent with the
NSCC Standardized Data Reporting Format. For purposes of this
provision, an "indirect intermediary" has the same meaning as in
Rule 22c-2.
1.3 LIMITATIONS ON USE OF INFORMATION. The Fund agrees not to use the
information received for marketing or any other similar purposes
without the prior written consent of the Intermediary.
2. AGREEMENT TO RESTRICT TRADING. Intermediary agrees to execute written
instructions from the Fund to restrict or prohibit further purchases or
exchanges of Shares or take such other action as requested by the Fund for a
Shareholder that has been identified by the Fund as having engaged in
transactions of the Fund's Shares (directly or indirectly through the
Intermediary's
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account) that violate policies established by the Fund for the purposes of
eliminating or reducing any dilution of the value of the outstanding Shares
issued by the Fund.
2.1 FORM OF INSTRUCTIONS. Instructions much include the TIN, if
known, and the specific restriction(s) to be executed. If the TIN
is not known, the instructions must include an equivalent
identifying number of the Shareholder(s) or account(s) or other
agreed upon information to which the instruction relates.
2.2 TIMING OF RESPONSE. Intermediary agrees to execute instructions
as soon as reasonably practicable, but not later than five (5)
business days after receipt of the instructions by the
Intermediary.
2.3 CONFIRMATION BY INTERMEDIARY. Intermediary must provide written
confirmation to the Fund that instructions have been executed.
Intermediary agrees to provide confirmation as soon as reasonably
practicable, but not later than ten (10) business days after the
instructions have been executed.
3. DEFINITIONS. For purposes of this paragraph:
3.1 The term "Fund" includes the fund's principal underwriter. The
term does not include any money market fund.
3.2 The term "Shares" means the interests of Shareholders
corresponding to the redeemable securities of record issued by
the Fund that are held by the Intermediary.
3.3 The term "Shareholder" means the Plan participant notwithstanding
that the Plan may be deemed to be the beneficial owner of Shares.
3.4 The term "written" includes electronic writing and facsimile
transmissions.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this
Agreement as of the date first written above.
CUNA MUTUAL INSURANCE SOCIETY
By: /s/ Xxxxx Xxxxxxx
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Xxxxx Xxxxxxx, Vice President
Date: 9/25/06
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ULTRA SERIES FUND
By: /s/ Xxxxx X. Xxxxx
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Xxxxx X. Xxxxx, President
Date: 10/2/06
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