Common use of Content of Fund Documents Clause in Contracts

Content of Fund Documents. The Trust and the Distributor shall be responsible for the content and substance of the Fund Documents as provided to the Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust and the Distributor shall be responsible for ensuring that the Fund Documents as provided to the Company: (a) Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) Do not contain any untrue statements of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 25 contracts

Samples: Participation Agreement (Separate Account Va B), Participation Agreement (Transamerica Series Trust), Participation Agreement (Separate Account Va B)

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Content of Fund Documents. The Trust and the Distributor Fund shall be responsible for the content and substance of the Fund Documents as provided to the Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust and the Distributor Fund shall be responsible for ensuring that the Fund Documents as provided to the Company: (a) Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) Do not contain any untrue statements statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 16 contracts

Samples: Participation Agreement (Mutual of America Separate Account No 2), Participation Agreement (Dfa Investment Dimensions Group Inc), Participation Agreement (Dfa Investment Dimensions Group Inc)

Content of Fund Documents. The Trust Fund and the Distributor shall be responsible for the content and substance of the Fund Documents as provided to the Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust Fund and the Distributor shall be responsible for ensuring that the Fund Documents as provided to the Company: (a) Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) Do not contain any untrue statements of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 15 contracts

Samples: Participation Agreement (Separate Account Va B), Participation Agreement (Separate Account Va Bny), Participation Agreement (Separate Account Va U)

Content of Fund Documents. The Trust Fund and the Distributor shall be responsible for the content and substance of the Fund Documents as provided to the Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust Fund and the Distributor shall be responsible for ensuring that the Fund Documents as provided to the Company: (a) Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) Do not contain any untrue statements statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 8 contracts

Samples: Participation Agreement (Equitable America Variable Account No.70A), Participation Agreement (Separate Account No. 70), Participation Agreement (Separate Account No. 70)

Content of Fund Documents. The Trust and the Distributor shall be responsible for the content and substance of the Fund Trust Documents as provided to the Company, including, but not limited to, the accuracy and completeness of the Fund Trust Documents. Without limiting the generality of the foregoing in any manner, the Trust and the Distributor shall be responsible for ensuring that the Fund Trust Documents as provided to the Company: (a) Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) Do not contain any untrue statements of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 4 contracts

Samples: Participation Agreement (Separate Account Va B), Participation Agreement (Separate Account Va B), Participation Agreement (Separate Account Va B)

Content of Fund Documents. The Trust Fund and the Distributor Lazard shall be responsible for the content and substance of the Fund Documents as provided to the Insurance Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust Fund and the Distributor Lazard shall be responsible for ensuring that the Fund Documents as provided to the Insurance Company: (a) Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) Do not contain any untrue statements statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 4 contracts

Samples: Fund Participation Agreement (MEMBERS Horizon Variable Separate Account), Fund Participation Agreement (MEMBERS Life Insurance Co), Fund Participation Agreement (MEMBERS Horizon Variable Separate Account)

Content of Fund Documents. The Trust and the Distributor Fund shall be responsible for the content and substance of the Fund Documents as provided to the Life Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust Fund and the Distributor Underwriter shall be responsible for ensuring that the Fund Documents as provided to the Life Company: (a) Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) Do not contain any untrue statements of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 4 contracts

Samples: Participation Agreement (Separate Account Va B), Participation Agreement (Separate Account Va B), Participation Agreement (Separate Account Va B)

Content of Fund Documents. The Trust and Fund and/or the Distributor Underwriter shall be responsible for the content and substance of the Fund Documents as provided to the Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust and Fund and/or the Distributor Underwriter shall be responsible for ensuring that the Fund Documents as provided to the Company: (a) Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) Do not contain any untrue statements statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 3 contracts

Samples: Participation Agreement (Victory Variable Insurance Funds), Participation Agreement (Victory Variable Insurance Funds), Participation Agreement (Victory Variable Insurance Funds)

Content of Fund Documents. The Trust and the Distributor Fund or its agent on its behalf shall be responsible for the content and substance of the Fund Documents as provided to the Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust Fund and the Distributor Underwriter shall be responsible for ensuring that the Fund Documents as provided to the Company: (a) Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) Do not contain any untrue statements statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 3 contracts

Samples: Participation Agreement (Equitable America Variable Account No.70A), Participation Agreement (Separate Account No. 70), Participation Agreement (Separate Account Fp)

Content of Fund Documents. The Trust and the Distributor Fund shall be responsible for the content and substance of the Fund Documents as provided to the Life Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust and the Distributor Fund shall be responsible for ensuring that the Fund Documents as provided to the Life Company: (a) Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) Do not contain any untrue statements of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 2 contracts

Samples: Participation Agreement (Separate Account Va Bny), Participation Agreement (Separate Account Va Bny)

Content of Fund Documents. The Trust Series and the Distributor shall be responsible for the content and substance of the Fund Documents as provided to the Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust Series and the Distributor shall be responsible for ensuring that the Fund Documents as provided to the Company: (a) Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) Do not contain any untrue statements statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 2 contracts

Samples: Fund Participation and Service Agreement (Separate Account Fp), Fund Participation and Service Agreement (Separate Account Fp)

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Content of Fund Documents. The Trust and Fund and/or the Distributor Underwriter shall be responsible for the content and substance of the Fund Documents as provided to the Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust and Fund and/or the Distributor Underwriter shall be responsible for ensuring that the Fund Documents as provided to the Company: (a) : Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) and Do not contain any untrue statements statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 2 contracts

Samples: Participation Agreement (Protective COLI VUL), Participation Agreement (Protective NY COLI VUL)

Content of Fund Documents. The Trust Fund and the Distributor Underwriter shall be responsible for the content and substance of the Fund Documents as provided to the Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust Fund and the Distributor Underwriter shall be responsible for ensuring that the Fund Documents as provided to the Company: (a) Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all applicable rules and regulations under those Acts; and (b) Do not contain any untrue statements statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 2 contracts

Samples: Participation Agreement (Equitable America Variable Account K), Participation Agreement (Separate Account A)

Content of Fund Documents. The Trust Fund and the Distributor Underwriter shall be responsible for the content and substance of the Fund Documents as provided to the Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust Fund and the Distributor Underwriter shall be responsible for ensuring that the Fund Documents as provided to the Company: (a) : Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) and Do not contain any untrue statements statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 2 contracts

Samples: Participation Agreement (Protective NY COLI VUL), Participation Agreement (Protective Variable Annuity Separate Account)

Content of Fund Documents. The Trust Funds and the Distributor Underwriter shall be responsible for the content and substance of the Fund Documents as provided to the Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust Funds and the Distributor Underwriter shall be responsible for ensuring that the Fund Documents as provided to the Company: (a) Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) Do not contain any untrue statements statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 1 contract

Samples: Participation Agreement (C M Life Variable Life Separate Account I)

Content of Fund Documents. The Trust Investment Company and the Distributor shall be responsible for the content and substance of the Fund Documents as provided to on the Investment Company, including, but not limited to, ’s website. The Investment Company shall be responsible for the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust and the Distributor Investment Company shall be responsible for ensuring that the Fund Documents as provided to on the Investment Company: (a) ’s website: Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) and Do not contain any untrue statements statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 1 contract

Samples: Participation Agreement (Protective NY COLI VUL)

Content of Fund Documents. The Trust and the Distributor shall be responsible for the content and substance of the Fund Documents as provided to the Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust and the Distributor shall be responsible for ensuring that the Fund Documents as provided to the Company: (a) Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) Do not contain any untrue statements of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 1 contract

Samples: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account A)

Content of Fund Documents. The Trust Fund and the Distributor Underwriter shall be responsible for the content and substance of the Fund Documents as provided to the Company, including, but not limited to, the accuracy and completeness of the Fund Documents. Without limiting the generality of the foregoing in any manner, the Trust Fund and the Distributor Underwriter shall be responsible for ensuring that the Fund Documents as provided to the Company: (a) Meet the applicable standards of the 1933 Act, the Securities Exchange Act of 1934, as amended; the 1940 Act; and all rules and regulations under those Acts; and (b) Do not contain any untrue statements of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

Appears in 1 contract

Samples: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account A)

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