Common use of Complaints and Proceedings Clause in Contracts

Complaints and Proceedings. (a) The Trust, Rxxxxx Advisors, and/or the Distributor shall immediately notify the Company of: (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order (but not including an order of a regulatory body exempting or approving a proposed transaction or arrangement) with respect to the Trust’s Registration Statement or the Prospectus of any Series or Class, (ii) any request by the SEC for any amendment to the Trust’s Registration Statement or the Prospectus of any Series or Class, (iii) the initiation of any proceedings for that purpose or for any other purposes relating to the registration or offering of the Trust shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Trust shares or any Class or Series in any state or jurisdiction, including, without limitation, any circumstance in which (A) such shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (B) such law precludes the use of such shares as an underlying investment medium for the Contracts. The Trust will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 2 contracts

Samples: Shareholder Information Agreement (Merrill Lynch Life Variable Annuity Separate Account A), Shareholder Information Agreement (Ml of New York Variable Annuity Separate Account A)

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Complaints and Proceedings. (a) The Trust, Rxxxxx Advisors, Trust and/or the Distributor shall immediately notify the Company of: (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order (but not including an order of a regulatory body exempting or approving a proposed transaction or arrangement) with respect to the Trust’s 's Registration Statement or the Prospectus of any Series or Class, ; (ii) any request by the SEC for any amendment to the Trust’s 's Registration Statement or the Prospectus of any Series or Class, ; (iii) the initiation of any material proceedings for that purpose or for any other purposes relating to the registration or offering of the Trust shares, ; or (iv) any other action or circumstances that may prevent the lawful offer or sale of Trust shares or any Class or Series in any state or jurisdiction, including, without limitation, any circumstance in which (A) such shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (B) such law precludes the use of such shares as an underlying investment medium for the ContractsContracts or the Accounts. The Trust will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 1 contract

Samples: Participation Agreement (Hartford Life Insurance Co Separate Account Seven)

Complaints and Proceedings. (a) The Trust, Rxxxxx Advisors, Trust and/or the Distributor shall immediately notify the Company of: (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order (but not including an order of a regulatory body exempting or approving a proposed transaction or arrangement) with respect to the Trust’s Registration Statement or the Prospectus of any Series or Class, (ii) any request by the SEC for any amendment requested in connection with such an order to the Trust’s Registration Statement or the Prospectus of any Series or Class, (iii) the initiation of any proceedings for that purpose or for any other purposes relating to the registration or offering of the Trust sharesShares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Trust shares Shares or any Class or Series in any state or jurisdiction, including, without limitation, any circumstance in which (A) such shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (B) such law precludes the use of such shares as an underlying investment medium for the Contracts. The Trust will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 1 contract

Samples: Participation Agreement (Separate Account a of Pacific Life & Annuity Co)

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Complaints and Proceedings. (a) The Trust, Rxxxxx Advisors, Trust and/or the Distributor shall immediately notify the Company of: (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order (but not including an order of a regulatory body exempting or approving a proposed transaction or arrangementarrangement unless required by Section 4.9 of this Agreement) with respect to the Trust’s Registration Statement or the Prospectus of any Series or Class, ; (ii) any request by the SEC for any amendment to the Trust’s Registration Statement or the Prospectus of any Series or Class, ; (iii) the initiation of any proceedings for that purpose or for any other purposes relating to the registration or offering of the Trust shares, ; or (iv) any other action or circumstances that may prevent the lawful offer or sale of Trust shares or any Class or Series in any state or jurisdiction, including, without limitation, any circumstance in which (A) such shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (B) such law precludes the use of such shares as an underlying investment medium for the ContractsContracts or the Accounts. The Trust will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 1 contract

Samples: Participation Agreement (Annuity Investors Variable Account B)

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