SHAREHOLDER INFORMATION AGREEMENT
(UNDER RULE 22c-2(a)(2) OF THE INVESTMENT COMPANY ACT OF 1940)
This Agreement is effective as of the 1st day of February,
2007, by and between OppenheimerFunds Services ("OFS"), a division of
OppenheimerFunds, Inc., OppenheimerFunds Distributor, Inc. ("Distributor") and
referred together with OFS as "Xxxxxxxxxxx", Security Distributors, Inc.
("Intermediary") the following affiliate(s), Security Benefit Life Insurance
Company and First Security Benefit Life Insurance and Annuity Company or New
York, and all future affiliates as parties to the Intermediary Agreement (the
"Agreement").
SHAREHOLDER INFORMATION
1. AGREEMENT TO PROVIDE 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 it deems necessary to investigate compliance with
policies established by the Fund for the purpose 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 5
business days, after receipt of a request. If the requested
information is not on the Intermediary's books and records,
Intermediary agrees to: (i) provide or arrange to provide to the
fund the requested information from shareholders who hold an account
with an indirect intermediary; or (ii) if directed by the Fund,
block further purchases of Fund Shares from such indirect
intermediary. In such instance, Intermediary agrees to inform the
Fund whether it plans to perform (i) or (ii). 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 SEC Rule 22c-2 under the Investment Company Act.
1.3 LIMITATIONS ON USE OF INFORMATION. The Fund agrees not to use
the information received for marketing or any other similar purpose
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 by a Shareholder that has been identified
by the Fund as having engaged in transactions of the Fund's Shares
(directly or indirectly though the Intermediary's account) that violate
policies established by the Fund for the purpose of eliminating or
reducing any dilution of the value of the outstanding Shares issued by the
Fund.
2.1 FORM OF INSTRUCTIONS. Instructions must 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 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 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 and transfer agent. The term not does include any
"excepted funds" as defined in SEC Rule 22c-2(b) under the
Investment Company Act of 1940.*
3.2 The term "Shares" means the interests of Shareholders
corresponding to the redeemable securities of record issued by
the Fund under the Investment Company Act of 1940 that are
held by the Intermediary.
3.3 The term "Shareholder" means the beneficial owner of
Shares, whether the Shares are held directly or by the
Intermediary in nominee name.
3.4 The term "written" includes electronic writings and
facsimile transmissions.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in their names and on their behalf by and though their duly authorized
officers, as of the day and year first above written.
/s/ Security Distributors, Inc.
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NAME OF INTERMEDIARY
By: /s/ Xxxxxxx X. Xxxxxx
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Name: Xxxxxxx X. Xxxxxx
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Title: President
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Date: February 1, 2007
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OPPENHEIMERFUNDS SERVICES
(a division of OppenheimerFunds, Inc.)
By: /s/ Xxxxx Xxxxxxxx
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Xxxxx Xxxxxxxx
Senior Vice President
Date: 2/4/07
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OPPENHEIMERFUNDS DISTRIBUTOR, INC.
By: /s/ Xxxxxxx Xxxxx
-------------------------------
Xxxxxxx Xxxxx
President
Date: 3/15/07
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* As defined in SEC Rule 22c-2(b), the term "excepted fund" means any: (1) money
market fund; (2) fund that issues securities that are listed on a national
exchange; and (3) fund that affirmatively permits short-term trading of its
securities, if its prospectus clearly and prominently discloses that the fund
permits short-term trading of its securities and that such trading may result in
additional costs for the fund.
