XXX XXXXXX FUNDS
SHAREHOLDER INFORMATION AGREEMENT
THIS AGREEMENT, dated as of January 1, 2007, is by and between Xxx Xxxxxx Funds
Inc. ("Fund Agent") and Security Distributors, Inc. ("Intermediary") Fund Agent
is entering into this Agreement on behalf of the Xxx Xxxxxx Family of Funds (the
"Funds").
WITNESSETH:
WHEREAS, SEC Rule 22c-2 (the "Rule") under the Investment Company Act of 1940,
as amended (the "Investment Company Act"), requires every mutual fund company or
its principal underwriter or transfer agent to enter into written agreements
with financial intermediaries (as defined by the Rule), obligating each
financial intermediary, to (i) provide the fund company, upon request, with
specific shareholder identification and transaction information, and (ii)
execute any instructions from the fund company to restrict or prohibit further
purchases or exchanges of fund shares by shareholders who have been identified
as engaging in transactions of fund shares that violate the fund company's
market-timing and short-term trading policies;
WHEREAS, Fund Agent is the principal underwriter and distributor for the Funds;
and
WHEREAS, Intermediary is either (i) a broker, dealer, bank, or other entity that
holds securities of record issued by the Funds, in nominee name; (ii) in the
case of a participant-directed employee benefit plan, the plan administrator or
plan recordkeeper; or (iii) an insurance company that sponsors registered
separate accounts organized as unit investment trusts, master-feeder funds and
certain fund of fund arrangements not specifically excepted from the Rule.
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Agreement, the parties hereto, intending to be legally bound, hereby agree and
declare as follows:
A. DEFINITIONS The following definitions shall apply for purposes of Sections
B and C below.
1 The term "Fund" includes the Funds' principal underwriter and
transfer agent The term does not include any "excepted funds" as
defined in Rule 22c-2(b) under the Investment Company Act.
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 that are held by the Intermediary.
3 The term "Shareholder" means, as applicable, (i) the beneficial
owner of Shares, whether the Shares are held directly or by the
Intermediary in nominee name; (ii) the plan participant,
notwithstanding that the plan may be deemed to be the beneficial
owner of Shares; or (iii) the holder of interests in a variable
annuity or variable life insurance contract issued by the
Intermediary.
4 The term "written" includes electronic writings and facsimile
transmissions.
5 The term "Intermediary" means a "financial intermediary" as defined
in the Rule.
6 The term "purchase" does not include the automatic reinvestment of
dividends.
B. AGREEMENT TO PROVIDE SHAREHOLDER INFORMATION Intermediary agrees to
provide the Fund, upon written request, the taxpayer identification number
("TIN"), the Individual/International Taxpayer Identification Number
("ITIN") or other government-issued identifier ("GII"), if known, of any
or all Shareholder(s) of the account(s) and the amount, date, name or
other identifier of any investment professional(s) associated with the
Shareholder(s) or account(s) (if known), and transaction type (purchase,
redemption, transfer or exchange) of every purchase, redemption, transfer
or exchange of Shares held through one or more account(s) maintained by
the Intermediary during the period covered by the request("transaction
information").
1 PERIOD COVERED BY REQUEST. Requests must set forth a specific
period, not to exceed ninety (90) business days from the date of the
request, for which transaction information is sought With the
written agreement of Intermediary, the Fund may request transaction
information older than ninety (90) business 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.
2 FORM AND TIMING OF RESPONSE. Intermediary agrees to transmit the
requested transaction information that is on its books and records
to the Fund or its designee promptly, but in any event not later
than TEN (10) BUSINESS DAYS after receipt of a request If the
requested transaction information is not on the Intermediary's books
and records, Intermediary agrees to: (i) provide, or arrange to have
provided, to the Fund the requested transaction information for
those Shareholders who hold an account with an indirect
intermediary; or (ii) if directed by the Fund, restrict or prohibit
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
identification and 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 set forth in the Rule.
3 LIMITATIONS ON USE OF INFORMATION. The Fund agrees not to use the
transaction information received from the Intermediary (or other
accountholder, if applicable) for marketing or any other similar
purpose without the prior written consent of the Intermediary (or
other accountholder, if applicable).
C. 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 through the Intermediary's account) that violate market timing
or frequent trading 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, ITIN, or
GII, if known, and the specific restrictions(s) to be executed If
the TIN, ITIN, or GII 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 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.
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.
D. EFFECTIVE DATE. The effective date of this Agreement shall be April 16,
2007 and the compliance date for supplying information requested under
this Agreement shall be October 16, 2007 ("Compliance Date"), as required
by the Rule Prior to the Compliance Date, the Fund and the Intermediary
agree that any request made to the Intermediary by the Fund for
transaction information, and the Intermediary's response to such request,
shall be governed by whatever agreement is in effect between the Fund and
the Intermediary that is intended to govern such requests or by whatever
practices the Fund and the Intermediary have utilized in the absence of a
formal agreement, if any, to govern such requests.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on their behalf by duly authorized officers as of the date first above written.
XXX XXXXXX FUNDS INC.
/s/ Xxxxxxx X Xxxxx
Xxxxxxx X Xxxxx
President and Chief Executive Officer
SECURITY DISTRIBUTORS, INC.
By: /s/ Xxxxxxx X. Xxxxxx
------------------------------------
(signature)
Name: Xxxxxxx X. Xxxxxx
----------------------------------
(please print)
Title : President
----------------------------------
Date: 4/27/07
----------------------------------
3
XXX XXXXXX LIFE INVESTMENT TRUST
SHAREHOLDER INFORMATION AGREEMENT
THIS AGREEMENT, dated as of March 16, 2007, is by and between Xxx Xxxxxx Funds
Inc ("Fund Agent") and the financial intermediary whose name appears on the
signature page of this Agreement ("Intermediary") Fund Agent is entering into
this Agreement on behalf of Xxx Xxxxxx Life Investment Trust, including any
separate series or portfolios thereof (each, a "Fund," and, collectively, the
"Funds").
WITNESSETH:
WHEREAS, SEC Rule 22c-2 (the "Rule") under the Investment Company Act of 1940,
as amended (the "Investment Company Act"), requires every mutual fund company or
its principal underwriter to enter into written agreements with financial
intermediaries (as defined by the Rule), obligating each financial intermediary,
to (i) provide the fund company, upon request, with specific shareholder
identification and transaction information, and (ii) execute any instructions
from the fund company to block trading of fund shares by shareholders who have
been identified as engaging in transactions of fund shares that violate the fund
company's market-timing and short-term trading policies;
WHEREAS, Fund Agent is the principal underwriter and distributor for the Funds;
and
WHEREAS, Intermediary is either (i) a broker, dealer, bank, or other entity that
holds securities of record issued by a fund in nominee name; (ii) in the case of
a participant-directed employee benefit plan that owns securities issued by a
Fund (1) a retirement plan administrator under ERISA or (2) an entity that
maintains the plan's participant records; or (iii) an insurance company separate
account.
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Agreement, the parties hereto, intending to be legally bound, hereby agree and
declare as follows:
A. DEFINITIONS As used in this Agreement, the following terms shall have the
following meanings, unless a different meaning is clearly required by the
contexts:
1 The term "Fund" shall mean an open-end management investment company
that is registered or required to register under section 8 of the
Investment Company Act of 1940 and includes (i) an investment
adviser to or administrator for the Funds; (ii) the principal
underwriter or distributor for the Funds; or (iii) the transfer
agent for the Funds The term not does include any "excepted funds"
as defined in SEC Rule 22c- 2(b) under the Investment Company Act of
1Act. 1
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 that are held by the Intermediary.
______________________________
1 As defined in SEC Rule 22c-2(b) 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.
3 The term "Shareholder" means the holder of interests in a variable
annuity or variable life insurance contract issued by the
Intermediary ("Contract"), or a participant in an employee benefit
plan with a beneficial interest in a contract.
4 The term "Shareholder-Initiated Transfer Purchase" means a
transaction that is initiated or directed by a Shareholder that
results in a transfer of assets within a Contract to a Fund, but
does not include transactions that are executed: (i) automatically
pursuant to a contractual or systematic program or enrollment such
as transfer of assets within a Contract to a Fund as a result of
"dollar cost averaging" programs, insurance company approved asset
allocation programs, or automatic rebalancing programs; (ii)
pursuant to a Contract death benefit; (iii) one-time step-up in
Contract value pursuant to a Contract death benefit; (iv) allocation
of assets to a Fund through a Contract as a result of payments such
as loan repayments, scheduled contributions, retirement plan salary
reduction contributions, or planned premium payments to the
Contract; or (v) pre-arranged transfers at the conclusion of a
required free look period.
5 The term "Shareholder-Initiated Transfer Redemption" means a
transaction that is initiated or directed by a Shareholder that
results in a transfer of assets within a Contract out of a Fund, but
does not include transactions that are executed: (i) automatically
pursuant to a contractual or systematic program or enrollments such
as transfers of assets within a Contract out of a Fund as a result
of annuity payouts, loans, systematic withdrawal programs, asset
allocation programs and automatic rebalancing programs; (ii) as a
result of any deduction of charges or fees under a Contract; (iii)
within a Contract out of a Fund as a result of scheduled withdrawals
or surrenders from a Contract; or (iv) as a result of payment of a
death benefit from a Contract.
6 The term "written" includes electronic writings and facsimile
transmissions.
B. AGREEMENT TO PROVIDE SHAREHOLDER INFORMATION Intermediary agrees to
provide the Fund, upon written request, the taxpayer identification number
("TIN"), the Individual/International Taxpayer Identification Number
("ITIN")*, or other government-issued identifier ("GII") and the Contract
owner number or participant account number associated with the
Shareholder, if known, of any or all Shareholder(s) of the account, and
the amount, date 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 Unless otherwise specifically requested by the
Fund, this section shall be read to require Intermediary to provide only
that information relating to Shareholder-Initiated Transfer Purchases or
Shareholder-Initiated Transfer Redemptions.
1 PERIOD COVERED BY REQUEST. Requests must set forth a specific
period, not to exceed ninety (90) business days from the date of the
request, for which transaction information is sought With the
written agreement of the Intermediary, the Fund may request
transaction information older than ninety (90) business 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.
__________________________________
* According to the IRS website, the IIIN refers to the Individual Taxpayer
Identification number, which is a nine-digit number that always begins with the
number 9 and has a 7 or 8 in the fourth digit. example 9XX-7X-XXXX The IRS
issues ITINs to individuals who are required to have a U.S. taxpayer
identification number but who do not have, and are not eligible to obtain, a
Social Security Number(SSN) from the Social Security Administration(SSA). SEC
Rule 22c-2 inadvertently refers to the ITIN as the international Taxpayer
Identification Number.
2
2 TIMING OF REQUESTS. Fund requests for Shareholder information shall
be made no more frequently than quarterly except as the Fund 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.
3 FORM AND TIMING OF RESPONSE. (a) Intermediary agrees to provide,
promptly upon request of the Fund or its designee, the requested
information specified in this Section B If requested by the Fund or
its designee, Intermediary agrees to use best efforts to determine
promptly whether any specific person about whom it has received the
identification and transaction information specified in this Section
B is itself a financial intermediary ("indirect intermediary") and,
upon further request of the Fund or its designee, promptly either
(i) provide (or arrange to have provided) the information set forth
in this Section B for those shareholders who hold an account with an
indirect intermediary or (ii) restrict or prohibit the indirect
intermediary from purchasing, in nominee name on behalf of other
persons, securities issued by the Fund Intermediary additionally
agrees to inform the Fund whether it plans to perform (i) or (ii).
(b) Responses required by this paragraph must be communicated in writing and
in a format mutually agreed upon by the Fund or its designee and the
Intermediary; and
(c) TO the extent practicable, the format for any transaction information
provided to the Fund should be consistent with the NSCC Standardized Data
Reporting Format.
C. LIMITATIONS ON THE USE OF INFORMATION. The Fund agrees not to use the
information received pursuant to this Agreement for any purpose other than
as necessary to comply with the provisions of Rule 22c-2 or to fulfill
other regulatory or legal requirements subject to the privacy provisions
of Title V of the Gramrn-Xxxxx-Xxxxxx Act (Public Law 106-102) and
comparable state laws.
D. 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 through 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 Unless
otherwise directed by the Fund, any such restrictions or prohibitions
shall only apply to Shareholder-Initiated Transfer Purchases or
Shareholder-Initiated Transfer Redemptions that are effected directly or
indirectly through Intermediary.
1 FORM OF INSTRUCTIONS. Instructions must include the TIN, ITIN, or
GII and the specific individual Contract owner number or participant
account number associated with the Shareholder, if known, and the
specific restriction(s) to be executed, including how long the
restriction(s) is(are) to remain in place. If the TIN, ITIN, GII or
the specific individual Contract owner number or participant account
number associated with the Shareholder 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 TIMING OF RESOONSE. Intermediary agrees to execute instructions as
soon as reasonably practicable, hut not later than ten business days
after receipt of the instructions by the Intermediary.
3
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.
E. CONSTRUCTION OF THE AGREEMENT; FUND PARTICIPATION AGREEMENTS. The parties
or their affiliates have entered into one or more Fund Participation
Agreements between or among them for the purchase and redemption of
shares of the Fund(s) by the Accounts in connection with the Contracts
This Agreement supplements those Fund Participation Agreements To the
extent the terms of this Agreement conflict with the terms of a Fund
Participation Agreement, the terms of this Agreement shall control.
F. TERMINATION This Agreement will terminate with respect to a specific Fund
upon the termination of the Fund Participation Agreement relating to that
Fund.
IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed as
of the date first above written.
XXX XXXXXX FUNDS INC., ON BEHALF OF
XXX XXXXXX LIFE INVESTMENT TRUST
/s/ Xxxxxxx X Xxxxx
Xxxxxxx X Xxxxx
President and Chief Executive Officer
SECURITY DISTRIBUTORS, INC., ON BEHALF OF
SECURITY BENEFIT LIFE INSURANCE COMPANY
FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK
By: /s/ Xxxxxxx X. Xxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxx
-----------------------------------
Title : President
----------------------------------
4
THE UNIVERSAL INSTITUTUIONAL FUNDS, INC.
SHAREHOLDER INFORMATION AGREEMENT
THIS AGREEMENT, dated as of March 16, 2007, is by and between Xxxxxx Xxxxxxx
Distribution, Inc ("Fund Agent") and the financial intermediary whose name
appears on the signature page of this Agreement ("Intermediary") Fund Agent is
entering into this Agreement on behalf of The Universal Institutional Funds,
Inc., including any separate series or portfolios thereof (each, a "Fund," and,
collectively, the "Funds").
WITNESSETH:
WHEREAS, SEC Rule 22c-2 (the "Rule") under the Investment Company Act of 1940,
as amended (the "Investment Company Act"), requires every mutual fund company or
its principal underwriter to enter into written agreements with financial
intermediaries (as defined by the Rule), obligating each financial intermediary,
to (i) provide the fund company, upon request, with specific shareholder
identification and transaction information, and (ii) execute any instructions
from the fund company to block trading of fund shares by shareholders who have
been identified as engaging in transactions of fund shares that violate the
fund company's market-timing and short-term trading policies;
WHEREAS, Fund Agent is the principal underwriter and distributor for the Funds;
and
WHEREAS, Intermediary is either (i) a broker, dealer, bank, or other entity that
holds securities of record issued by a fund in nominee name; (ii) in the case of
a participant-directed employee benefit plan that owns securities issued by a
Fund (1) a retirement plan administrator under ERISA or (2) an entity that
maintains the plan's participant records; or (iii) an insurance company separate
account.
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Agreement, the parties hereto, intending to be legally bound, hereby agree and
declare as follows:
A. DEFINITIONS As used in this Agreement, the following terms shall have the
following meanings, unless a different meaning is clearly required by the
contexts:
1 The term "Fund" shall mean an open-end management investment company
that is registered or required to register under section 8 of the
Investment Company Act of 1940 and includes (i) an investment
adviser to or administrator for the Funds; (ii) the principal
underwriter or distributor for the Funds; or (iii) the transfer
agent for the Funds The term not does include any "excepted funds"
as defined in SEC Rule 22c- 2(b) under the Investment Company Act of
lAct. 1
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 that are held by the Intermediary.
__________________________
1 As defined in SEC Rule 22c-2(b) 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.
3 The term "Shareholder" means the holder of interests in a variable
annuity or variable life insurance contract issued by the
Intermediary ("Contract"), or a participant in an employee benefit
plan with a beneficial interest in a contract.
4 The term "Shareholder-Initiated Transfer Purchase" means a
transaction that is initiated or directed by a Shareholder that
results in a transfer of assets within a Contract to a Fund, but
does not include transactions that are executed: (i) automatically
pursuant to a contractual or systematic program or enrollment such
as transfer of assets within a Contract to a Fund as a result of
"dollar cost averaging" programs, insurance company approved asset
allocation programs, or automatic rebalancing programs; (ii)
pursuant to a Contract death benefit; (iii) one-time step-up in
Contract value pursuant to a Contract death benefit; (iv) allocation
of assets to a Fund through a Contract as a result of payments such
as loan repayments, scheduled contributions, retirement plan salary
reduction contributions, or planned premium payments to the
Contract; or (v) pre- arranged transfers at the conclusion of a
required free look period.
5 The term "Shareholder-Initiated Transfer Redemption" means a
transaction that is initiated or directed by a Shareholder that
results in a transfer of assets within a Contract out of a Fund, but
does not include transactions that are executed: (i) automatically
pursuant to a contractual or systematic program or enrollments such
as transfers of assets within a Contract out of a Fund as a result
of annuity payouts, loans, systematic withdrawal programs, asset
allocation programs and automatic rebalancing programs; (ii) as a
result of any deduction of charges or fees under a Contract; (iii)
within a Contract out of a Fund as a result of scheduled withdrawals
or surrenders from a Contract; or (iv) as a result of payment of a
death benefit from a Contract.
6 The term "written" includes electronic writings and facsimile
transmissions.
B. AGREEMENT TO PROVIDE SHAREHOLDER INFORMATION Intermediary agrees to
provide the Fund, upon written request, the taxpayer identification number
('TIN), the Individual/International Taxpayer Identification Number
("ITIN)", or other government-issued identifier ("GII") and the Contract
owner number or participant account number associated with the
Shareholder, if known, of any or all Shareholder(s) of the account, and
the amount, date 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 Unless otherwise specifically requested by the
Fund, this section shall be read to require Intermediary to provide only
that information relating to Shareholder-Initiated Transfer Purchases or
Shareholder-Initiated Transfer Redemptions.
1 PERIOD COVERED BV REAUEST. Requests must set forth a specific
period, not to exceed ninety (90) business days from the date of the
request, for which transaction information is sought With the
written agreement of the Intermediary, the Fund may request
transaction information older than ninety (90) business 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.
__________________________
* According to the IRS website, the ITIN refers to the Individual Taxpayer
Identification number, which is a nine-digit number that always begins with the
number 9 and has a 7 or 8 in the fourth digit. example 9XX-7X-XXXX The IRS
issues ITINs to individuals who are required to have a U.S. taxpayer
identification number but who do not have, and are not eligible to obtain, a
Social Security Number(SSN) from the Social Security Administration(SSA). SEC
Rule 22c-2 inadvertently refers to the ITIN as the international Taxpayer
Identification Number.
2
2 TIMING OF REQUESTS. Fund requests for Shareholder information shall
be made no more frequently than quarterly except as the Fund 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.
3 FORM AND TIMING OF RESPONSE. (a) Intermediary agrees to provide,
promptly upon request of the Fund or its designee, the requested
information specified in this Section B If requested by the Fund or
its designee, Intermediary agrees to use best efforts to determine
promptly whether any specific person about whom it has received the
identification and transaction information specified in this Section
B is itself a financial intermediary ("indirect intermediary") and,
upon further request of the Fund or its designee, promptly either
(i) provide (or arrange to have provided) the information set forth
in this Section B for those shareholders who hold an account with an
indirect intermediary or (ii) restrict or prohibit the indirect
intermediary from purchasing, in nominee name on behalf of other
persons, securities issued by the Fund Intermediary additionally
agrees to inform the Fund whether it plans to perform (i) or (ii).
(b) Responses required by this paragraph must be communicated in writing and
in a format mutually agreed upon by the Fund or its designee and the
Intermediary; and
(c) To the extent practicable, the format for any transaction information
provided to the Fund should be consistent with the NSCC Standardized Data
Reporting Format.
C. LIMITATIONS ON THE USE OF INFORMATION. The Fund agrees not to use the
information received pursuant to this Agreement for any purpose other than
as necessary to comply with the provisions of Rule 22c-2 or to fulfill
other regulatory or legal requirements subject to the privacy provisions
of Title V of the Xxxxx-Xxxxx-Xxxxxx Act (Public Law 106-102) and
comparable state laws.
D. 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 through 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 Unless
otherwise directed by the Fund, any such restrictions or prohibitions
shall only apply to Shareholder-Initiated Transfer Purchases or
Shareholder-Initiated Transfer Redemptions that are effected directly or
indirectly through Intermediary.
1 FORM OF INSTRUCTIONS. Instructions must include the TIN, ITIN, or
GII and the specific individual Contract owner number or participant
account number associated with the Shareholder, if known, and the
specific restriction(s) to be executed, including how long the
restriction(s) is(are) to remain in place. If the TIN, ITIN, GII or
the specific individual Contract owner number or participant account
number associated with the Shareholder 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 TIMING OF RESPONSE. Intermediary agrees to execute instructions as
soon as reasonably practicable, but not later than ten business days
after receipt of the instructions by the Intermediary.
3
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.
E. CONSTRUCTION OF THE AGREEMENT; FUND PARTICIPATION AGREEMENTS. The parties
or their affiliates have entered into one or more Fund Participation
Agreements between or among them for the purchase and redemption of shares
of the Fund(s) by the Accounts in connection with the Contracts This
Agreement supplements those Fund Participation Agreements To the extent
the terms of this Agreement conflict with the terms of a Fund
Participation Agreement, the terms of this Agreement shall control.
F. TERMINATION This Agreement will terminate with respect to a specific Fund
upon the termination of the Fund Participation Agreement c elating to that
Fund.
IN WITNESS WHEREOF, the undersigned has caused this Agreement to he executed as
of the date first above written.
XXXXXX XXXXXXX DISTRIBUTION, INC., ON BEHALF OF
THE UNIVERSAL INSTITUTIONAL FUNDS, INC.
/s/ Xxxxxxx X Xxxxx
Xxxxxxx X Xxxxx
President and Chief Executive Officer
SECURITY DISTRIBUTORS, INC., ON BEHALF OF
SECURITY BENEFIT LIFE INSURANCE COMPANY
FIRST SECURITY BENEFIT LIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK
By: /s/ Xxxxxxx X. Xxxxxx
------------------------------------
Name: Xxxxxxx X. Xxxxxx
-----------------------------------
Title : President
----------------------------------
4
