COMPLIANCE UNDERTAKINGS. 6.1. The Fund undertakes to comply with Sub-chapter M and Section 817(h) of the Code, and all regulations issued thereunder. 6.2. The Company shall amend the Contracts Registration Statement under the 1933 Act and the Account's Registration Statement under the 1940 Act from time to time as required in order to effect the continuous offering of the Contracts or as may otherwise be required by applicable law. The Company shall register and qualify the Contracts for sale to the extent required by applicable securities laws of the various states. 6.3. The Fund shall amend the Fund Registration Statement under the 1933 Act and the 1940 Act from time to time as required in order to effect for so long as Fund shares are sold the continuous offering of Fund shares as described in the then currently effective Fund Prospectus. The Fund shall register and qualify Fund shares for sale to the extent required by applicable securities laws of the various states. 6.4. The Company shall be responsible for assuring that any prospectus offering a Contract that is a life insurance contract where it is reasonably probable that such Contract would be a "modified endowment contract," as that term is defined in Section 7702A of the Code, will identify such Contract as a modified endowment contract (or policy). 6.5. To the extent that it decides to finance distribution expenses pursuant to Rule 12b-l, the Fund undertakes to have a Board of Trustees, a majority of whom are not interested persons of the Fund, formulate and approve any plan under Rule 12b-l to finance distribution expenses.
Appears in 7 contracts
Samples: Participation Agreement (Fulcrum Separate Account Allmerica Fin Life Ins & Annuity Co), Participation Agreement (Separate Acct Va K of First Allmerica Financial Life Ins Co), Participation Agreement (Sep Acct Va K Execannuity of Allmerica Fin Lfe Ins & Ann Co)
COMPLIANCE UNDERTAKINGS. 6.1. The Fund undertakes to comply with Sub-chapter M and Section 817(h) of the Code, and all regulations issued thereunder.
6.2. The Company shall amend the Contracts Registration Statement under the 1933 Act and the Account's Registration Statement under the 1940 Act from time to time as required in order to effect the continuous offering of the Contracts or as may otherwise be required by applicable law. The Company shall register and qualify the Contracts for sale to the extent required by applicable securities laws of the various states.
6.3. The Fund shall amend the Fund Registration Statement under the 1933 Act and the 1940 Act from time to time as required in order to effect for so long as Fund shares are sold the continuous offering of Fund shares as described in the then currently effective Fund Prospectus. The Fund shall register and qualify Fund shares for sale to the extent required by applicable securities laws of the various states.
6.4. The Company shall be responsible for assuring that any prospectus offering a Contract that is a life insurance contract where it is reasonably probable that such Contract would be a "modified endowment contract," as that term is defined in Section 7702A of the Code, will identify such Contract as a modified endowment contract (or policy).
6.5. To the extent that it decides to finance distribution expenses pursuant to Rule 12b-l12b-1, the Fund undertakes to have a Board of Trustees, a majority of whom are not interested persons of the Fund, formulate and approve any plan under Rule 12b-l 12b-1 to finance distribution expenses.
Appears in 3 contracts
Samples: Participation Agreement (Allmerica Fin Life Ins & Ann Co Allmerica Sel Acct), Participation Agreement (Separate Account Va-P of First Allmerica Fin Life Insur Co), Participation Agreement (Separate Account Va-P of Allmerica Fin Life Insur & Annu Co)
COMPLIANCE UNDERTAKINGS. 6.1. The Fund undertakes to comply with Sub-chapter Subchapter M and Section 817(h) of the Code, and all regulations issued thereunder.
6.2. The Company shall amend the Contracts Registration Statement under the 1933 Act and the Account's Registration Statement under the 1940 Act from time to time as required in order to effect the continuous offering of the Contracts or as may otherwise be required by applicable law. The Company shall register and qualify the Contracts for sale to the extent required by applicable securities laws of the various states.
6.3. The Fund shall amend the Fund Registration Statement under the 1933 Act and the 1940 Act from time to time as required in order to effect for so long as Fund shares are sold the continuous offering of Fund shares as described in the then the currently effective Fund Prospectus. The Fund shall register and qualify Fund shares for sale to the extent required by applicable securities laws of the various states.
6.4. The Company shall be responsible for assuring that any prospectus offering a Contract that is a life insurance contract where it is reasonably probable that such Contract would be a "modified endowment contract," as that term is defined in Section 7702A of the Code, will identify such Contract as a modified endowment contract (or policy).
6.5. To the extent that it decides to finance distribution expenses pursuant to Rule 12b-l12b-1, the Fund undertakes to have a Fund Board of TrusteesDirectors, a majority of whom are not interested persons of the Fund, formulate and approve any plan under Rule 12b-l 12b-1 to finance distribution expenses.
6.6. The Company shall amend Schedule 4 when appropriate in order to inform the Fund of any applicable investment restrictions with which the Fund must comply.
Appears in 1 contract
Samples: Participation Agreement (Separate Acct Va K of First Allmerica Financial Life Ins Co)
COMPLIANCE UNDERTAKINGS. 6.1. The Fund undertakes to comply with Sub-chapter M and the diversification requirements of Section 817(h) of the Code, and all regulations issued thereunder.
6.2. The Company shall amend the Contracts Registration Statement under the 1933 Act and the Account's Registration Statement under the 1940 Act from time to time as required in order to effect the continuous offering of the Contracts or as may otherwise be required by applicable law. The Company shall register and qualify the Contracts for sale to the extent required by applicable securities laws of the various states.
6.3. The Fund shall amend the Fund Registration Statement under the 1933 Act and the 1940 Act from time to time as required in order to effect for so long as Fund shares are sold the continuous offering of Fund shares as described in the then currently effective Fund Prospectus. The Fund shall register and qualify Fund shares for sale to the extent required by applicable securities laws of the various states.
6.4. The Company shall be responsible for assuring that any prospectus offering a Contract that is a life insurance contract where it is reasonably probable that such Contract would be a "modified endowment contract," as that term is defined in Section 7702A of the Code, will identify such Contract as a modified endowment contract (or policy).
6.5. To the extent that it decides to finance distribution expenses pursuant to Rule 12b-l, the Fund undertakes to have a Board of Trustees, a majority of whom are not interested persons of the Fund, formulate and approve any plan under Rule 12b-l to finance distribution expenses.
Appears in 1 contract
Samples: Participation Agreement (Sep Acct Va K Execannuity of Allmerica Fin Lfe Ins & Ann Co)