X. XXXX PRICE FUNDS
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 X. Xxxx Price Services, Inc. ("Services"), X. Xxxx Price Investment
Services, Inc., ("Investment Services") (collectively "X. Xxxx Price") and
Liberty Life Insurance Company ("Intermediary").
WHEREAS, Services is the registered transfer agent and Investment Services
is the distributor and underwriter for the X. Xxxx Price Funds ("Funds");
WHEREAS, Intermediary facilitates trading for shareholders investing in one
or more of the Funds;
WHEREAS, Rule 22c-2 requires X. Xxxx Price or the Funds to enter into a
Shareholder Information Agreement with each financial intermediary, as defined
by Rule 22c-2; and
WHEREAS, X. Xxxx Price has identified Intermediary as a financial
intermediary.
NOW THEREFORE, in consideration of the foregoing and the mutual promises
set forth below, the parties agree as follows:
1. Definitions
A. The term "Fund" includes Services, Investment Services,
and/or the Fund. The term not does include any money market find.
B. 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.
C. The term "Shareholder" means the beneficial owner of
Shares, whether the Shares are held directly or by the Intermediary in nominee
name.
D. For retirement recordkeepers, the term "Shareholder" means
the Plan participant notwithstanding that the Plan maybe deemed to be the
beneficial owner of Shares.
E. For insurance companies, the term "Shareholder" means the
holder of interests in a variable annuity or variable life insurance contract
issued by the Intermediary.
F. The term "written" includes electronic writing and
facsimile transmissions.
2. 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..
A. Period Covered by Request. Requests must set forth a
specific period for which transaction information is sought, which will
generally not exceed ninety (90) calendar days of transaction information. The
Fund will not request transaction information older than ninety (90) days from
the date of the request unless the Fund deems it 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.
B. 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 (within the time period designated above): (i) provide or
arrange to provide to the Fund the required 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 each indirect intermediary In such
instances, 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 Rule 22c-2.
C. Limitations on 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.
3. 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 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.
A. Form of Instructions. Instructions must include the TIN, if
known, and the specific restriction(s) to be executed and how long the
restrictions are to remain in place. 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.
Upon request of the Intermediary, Fund agrees to provide to the Intermediary,
along with any written instructions to prohibit further purchases or exchanges
of Shares by Shareholder, information regarding those trades of the Shareholder
that violated the Fund's policies relating to eliminating or reducing any
dilution of the value of the Fund's outstanding Shares.
B. 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.
C. 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.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this
Agreement as of the date first written above
X. XXXX PRICE INVESTMENT SERVICES, INC. X. XXXX PRICE INVESMENT SERVICES, INC.
By: By:
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Name: Xxxxx Xxxxxxx Name: Xxxxx Xxxxxxx
Title: Vice President Title: Vice President
Date: Date:
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INTERMEDIARY - LIBERTY LIFE INSURANCE COMPANY
By:
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Name: Xxxxxxx Xxxxxxxxx
Title: Sr. Vice President
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Date:
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Intermediary: Please provide the following information:
Intermediary information
Address 1: 0000 Xxxx Xxxxxx
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Address 2:
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Address 3:
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City: Kansas City
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Xxxxx, Xxx Xxxx XX 00000
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Phone:
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Email:
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If Company trades through NSCC', please also provide the NSCC Firm Number(s,)
covered by this Agreement.
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