Common use of Content of Fund Documents Clause in Contracts

Content of Fund Documents. The Fund and/or the 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 Fund and/or the Underwriter shall be responsible for ensuring that the Fund Documents as provided to the Company: 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 Do not contain any untrue 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)

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Content of Fund Documents. The Fund and/or and the 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 Fund and/or and the Underwriter shall be responsible for ensuring that the Fund Documents as provided to the Company: 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 Do not contain any untrue 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)

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Content of Fund Documents. The Fund and/or Fund, the Underwriter Underwriter, and the Adviser 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 Fund and/or Fund, the Underwriter Underwriter, and the Adviser shall be responsible for ensuring that the Fund Documents as provided to the Company: 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 Do not contain any untrue 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)

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