Common use of Amendment and Restatement; Form of Agreement Clause in Contracts

Amendment and Restatement; Form of Agreement. A.1. The Fund, the Underwriter and the Adviser acknowledge the planned merger of American Centurion Life with and into IDS Life of New York (the "Merger") and the "intact transfer" ("Transfer") of the Accounts of American Centurion Life to IDS Life of New York by operation of law and incident to the Merger, on December 31, 2006 at 10:59:59 p.m. Central Time ("Effective Time"), subject to all necessary regulatory approvals being obtained in connection with the Merger and the Transfer, and the re-naming of IDS Life of New York to RiverSource Life Insurance Co. of New York simultaneously with the Merger. On and after the Effective Time, all references in this Agreement and its Schedules to American Centurion Life and IDS Life of New York shall mean and refer to RiverSource Life Insurance Co. of New York. The Fund, the Underwriter and the Adviser consent to the transfer of the rights and obligations of American Centurion Life under this Agreement to IDS Life of New York at the Effective Time of the Merger. A.2. This agreement shall amend and supersede the Participation Agreement dated as of November 1, 2004 among the Fund, the Underwriter, the Adviser, and American Centurion Life with respect to all investments by American Centurion Life or its separate accounts in each Portfolio of the Fund prior to the date of this Agreement. In addition, the foregoing parties hereby amend and restate their agreements as set forth herein to include among other agreements, the addition of IDS Life of New York as a party to this agreement in respect of its Accounts as set forth in Schedule A-1 to this Agreement, and in contemplation of the Transfer of the Accounts of American Centurion Life to IDS Life of New York on December 31, 2006, incident to the Merger. Although the parties have executed this Agreement in this form for administrative convenience, this Agreement shall create a separate participation agreement with each Company until the Effective Time of the Merger.

Appears in 2 contracts

Samples: Participation Agreement (Riversource of New York Variable Annuity Account), Participation Agreement (Riversource of New York Variable Annuity Account)

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Amendment and Restatement; Form of Agreement. A.1. The Fund, the Underwriter 1A.1 Dreyfus and the Adviser Participating Funds acknowledge the planned merger of American Centurion Life with and into IDS Life of New York (the "Merger") and the "intact transfer" ("Transfer") of the Separate Accounts of American Centurion Life to IDS Life of New York by operation of law and incident to the Merger, on December 31, 2006 at 10:59:59 p.m. Central Time ("Effective Time"), subject to all necessary regulatory approvals being obtained in connection with the Merger and the Transfer, and the re-naming of IDS Life of New York to RiverSource Life Insurance Co. Company of New York simultaneously with the Merger. On and after the Effective Time, all references in this Agreement and its Schedules Exhibits to American Centurion Life and IDS Life Insurance Company of New York shall mean and refer to RiverSource Life Insurance Co. of New York. The Fund, the Underwriter Dreyfus and the Adviser Participating Funds consent to the transfer of the rights and obligations of American Centurion Life under this Agreement to IDS Life of New York at the Effective Time of the Merger. A.2. 1A.2 This agreement shall amend and supersede the Participation Agreement dated as of November 1September 14, 2004 2004, as amended April 30, 2004, among the Fund, the Underwriter, the Adviser, and American Centurion Life Life, Dreyfus and the Participating Funds with respect to all investments by American Centurion Life or its separate accounts Separate Accounts in each Portfolio of the Fund such Participating Funds prior to the date of this Agreement. In addition, the foregoing parties hereby amend and restate their agreements as set forth herein to include among other agreements, the addition of IDS Life of New York as a party to this agreement in respect of its Separate Accounts as set forth in Schedule A-1 on Exhibit A to this Agreement, and in contemplation of the Transfer of the Separate Accounts of American Centurion Life to IDS Life of New York on December 31, 2006, incident to the Merger. Although the parties have executed this Agreement in this form for administrative convenience, this Agreement shall create a separate participation agreement with each Insurance Company until the Effective Time of the Merger.

Appears in 1 contract

Samples: Fund Participation Agreement (Riversource of New York Variable Annuity Account)

Amendment and Restatement; Form of Agreement. A.1. The Fund, (a) ACIS acknowledges the Underwriter planned merger of both American Enterprise Life and American Partners Life with and into IDS Life (the "Merger") and the Adviser acknowledge "intact transfer" (the "Transfer") of the Accounts of American Enterprise Life and American Partners Life to IDS Life by operation of law and incident to the Merger, on December 31, 2006 at 10:59:59 p.m. Central Time (the "Effective Time"), subject to all necessary regulatory approvals being obtained in connection with the Merger and the Transfer, and the re-naming of IDS Life to RiverSource Life Insurance Company simultaneously with the Merger. On and after the Effective Time, all references in this Agreement and its Schedule to American Enterprise Life, American Partners Life and IDS Life shall mean and refer to RiverSource Life Insurance Company. ACIS consents to the transfer of the rights and obligations of American Enterprise Life and American Partners Life under this Agreement to IDS Life at the Effective Time of the Merger. (b) ACIS also acknowledges the planned merger of American Centurion Life with and into IDS Life of New York (the "Merger") and the "intact transfer" (the "Transfer") of the Accounts of American Centurion Life to IDS Life of New York by operation of law and incident to the Merger, on December 31, 2006 at 10:59:59 p.m. Central Time (the "Effective Time"), subject to all necessary regulatory approvals being obtained in connection with the Merger and the Transfer, and the re-naming of IDS Life of New York to RiverSource Life Insurance Co. of New York simultaneously with the Merger. On and after the Effective Time, all references in this Agreement and its Schedules Schedule to American Centurion Life and IDS Life of New York shall mean and refer to RiverSource Life Insurance Co. of New York. The Fund, the Underwriter and the Adviser consent ACIS consents to the transfer of the rights and obligations of American Centurion Life under this Agreement to IDS Life of New York at the Effective Time of the Merger. A.2. This agreement shall amend and supersede the Participation Agreement dated as of November 1, 2004 among the Fund, the Underwriter, the Adviser, and American Centurion Life with respect to all investments by American Centurion Life or its separate accounts in each Portfolio of the Fund prior to the date of this Agreement. In addition, the foregoing parties hereby amend and restate their agreements as set forth herein to include among other agreements, the addition of IDS Life of New York as a party to this agreement in respect of its Accounts as set forth in Schedule A-1 to this Agreement, and in contemplation of the Transfer of the Accounts of American Centurion Life to IDS Life of New York on December 31, 2006, incident to the Merger. Although the parties have executed this Agreement in this form for administrative convenience, this Agreement shall create a separate participation agreement with each Company until the Effective Time of the Merger.

Appears in 1 contract

Samples: Fund Participation Agreement (Riversource of New York Account 8)

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Amendment and Restatement; Form of Agreement. A.1. The Fund, the Underwriter 1A.1 Dreyfus and the Adviser Participating Funds acknowledge the planned merger of American Centurion Enterprise Life with and into IDS Life of New York (the "Merger") and the "intact transfer" ("Transfer") of the Separate Accounts of American Centurion Enterprise Life to IDS Life of New York by operation of law and incident to the Merger, on December 31, 2006 at 10:59:59 p.m. Central Time ("Effective Time"), subject to all necessary regulatory approvals being obtained in connection with the Merger and the Transfer, and the re-naming of IDS Life of New York to RiverSource Life Insurance Co. of New York Company simultaneously with the Merger. On and after the Effective Time, all references in this Agreement and its Schedules Exhibits to American Centurion Enterprise Life and IDS Life of New York Insurance Company shall mean and refer to RiverSource Life Insurance Co. of New YorkCompany. The Fund, the Underwriter Dreyfus and the Adviser Participating Funds consent to the transfer of the rights and obligations of American Centurion Enterprise Life under this Agreement to IDS Life of New York Insurance Company at the Effective Time of the Merger. A.2. 1A.2 This agreement shall amend and supersede the Participation Agreement dated as of November 1August 26, 2004 1999, as amended April 30, 2004, among the FundAmerican Enterprise Life, the Underwriter, the Adviser, Dreyfus and American Centurion Life certain Participating Funds with respect to all investments by American Centurion Enterprise Life or its separate accounts Separate Accounts in each Portfolio of the Fund such Participating Funds prior to the date of this Agreement. In addition, the foregoing parties hereby amend and restate their agreements as set forth herein to include among other agreements, the addition of IDS Life of New York as a party to this agreement in respect of its Separate Accounts as set forth in Schedule A-1 on Exhibit A to this Agreement, and in contemplation of the Transfer of the Separate Accounts of American Centurion Enterprise Life to IDS Life of New York on December 31, 2006, incident to the Merger. Although the parties have executed this Agreement in this form for administrative convenience, this Agreement shall create a separate participation agreement with each Insurance Company until the Effective Time of the Merger.

Appears in 1 contract

Samples: Fund Participation Agreement (Riversource Variable Account 10)

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