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
---------------------------------
Xxxxx Xxxxxxx, Vice President
Date: 9/25/06
ULTRA SERIES FUND
By: /s/ Xxxxx X. Xxxxx
---------------------------------
Xxxxx X. Xxxxx, President
Date: 10/2/06
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