Common use of Disclosure Documents and Voting Clause in Contracts

Disclosure Documents and Voting. 3.1. Xxxxx Distributors shall provide the Insurance Company (at the Insurance Company’s expense) with as many copies of the current prospectus for each Fund listed on Schedule C herein as the Insurance Company may reasonably request for distribution to prospective purchasers of contracts. Xxxxx Distributors shall also provide the Insurance Company (free of charge) with as many copies of the current prospectus for each Fund listed on Schedule C herein as the Insurance Company may reasonably request for distribution to existing Contract owners whose Contracts are funded by shares of such Fund(s). If requested by the Insurance Company in lieu thereof, the Company shall provide such documentation (including a final copy of the new prospectus as set in type at the Company’s expense, or, at the request of the Insurance Company, as a diskette in the form sent to financial printers) and other assistance as is reasonably necessary in order for the Insurance Company once each year (or more frequently if the prospectus for the Company is amended) to have the prospectus for the Contracts and the Company’s prospectus printed together in one document. With respect to any prospectuses of the Funds that are printed in combination with any one or more Contract prospectuses (the “Prospectus Booklet”), the costs of printing Prospectus Booklets for distribution to existing Contract owners shall be prorated to the Company based on (a) the ratio of the number of pages of the prospectuses for the Funds included in the Prospectus Booklet to the number of pages in the Prospectus Booklet as a whole; and (b) the ratio of the number of Contract owners with Contract value allocated to the Funds to the total number of Contract owners; provided however, that the Insurance Company shall bear all printing expenses of such combined documents where used for distribution to prospective purchasers or to owners of existing Contracts not funded by the Funds.

Appears in 2 contracts

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

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Disclosure Documents and Voting. 3.1. Xxxxx Distributors shall provide the Insurance Company (at the Insurance Company’s 's expense) with as many copies of the current prospectus for each Fund listed on Schedule C herein as the Insurance Company may reasonably request for distribution to prospective purchasers of contracts. Xxxxx Distributors shall also provide the Insurance Company (free of charge) with as many copies of the current prospectus for each Fund listed on Schedule C herein as the Insurance Company may reasonably request for distribution to existing Contract owners whose Contracts are funded by shares of such Fund(s). If requested by the Insurance Company in lieu thereof, the Company shall provide such documentation (including a final copy of the new prospectus as set in type at the Company’s 's expense, or, at the request of the Insurance Company, as a diskette in the form sent to financial printers) and other assistance as is reasonably necessary in order for the Insurance Company once each year (or more frequently if the prospectus for the Company is amended) to have the prospectus for the Contracts and the Company’s 's prospectus printed together in one document. With respect to any prospectuses of the Funds that are printed in combination with any one or more Contract prospectuses (the “.(the "Prospectus Booklet"), the costs of printing Prospectus Booklets for distribution to existing Contract owners shall be prorated to the Company based on (a) the ratio of the number of pages of the prospectuses for the Funds included in the Prospectus Booklet to the number of pages in the Prospectus Booklet as a whole; and (b) the ratio of the number of Contract owners with Contract value allocated to the Funds to the total number of Contract owners; provided however, that the Insurance Company shall bear all printing expenses of such combined documents where used for distribution to prospective purchasers or to owners of existing Contracts not funded by the Funds.

Appears in 2 contracts

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

Disclosure Documents and Voting. 3.1. Xxxxx Distributors shall provide the Insurance Company (at the Insurance Company’s expense) with as many copies of the current prospectus for each Fund listed on Schedule C herein as the Insurance Company may reasonably request for distribution to prospective purchasers of contracts. Xxxxx Distributors shall also provide the Insurance Company (free of charge) with as many copies of the current prospectus for each Fund listed on Schedule C herein as the Insurance Company may reasonably request for distribution to existing Contract owners whose Contracts are funded by shares of such Fund(s). If requested by the Insurance Company in lieu thereof, the Company shall provide such documentation (including a final copy of the new prospectus as set in type at the Company’s expense, or, at the request of the Insurance Company, as a diskette in the form sent to financial printers) and other assistance as is reasonably necessary in order for the Insurance Company once each year (or more frequently if the prospectus for the Company is amended) to have the prospectus for the Contracts and the Company’s prospectus printed together in one document. With respect to any prospectuses of the Funds that are printed in combination with any one or more Contract prospectuses (the .(the “Prospectus Booklet”), the costs of printing Prospectus Booklets for distribution to existing Contract owners shall be prorated to the Company based on (a) the ratio of the number of pages of the prospectuses for the Funds included in the Prospectus Booklet to the number of pages in the Prospectus Booklet as a whole; and (b) the ratio of the number of Contract owners with Contract value allocated to the Funds to the total number of Contract owners; provided however, that the Insurance Company shall bear all printing expenses of such combined documents where used for distribution to prospective purchasers or to owners of existing Contracts not funded by the Funds.

Appears in 1 contract

Samples: Participation Agreement (Ml of New York Variable Annuity Separate Account A)

Disclosure Documents and Voting. 3.1. Xxxxx Distributors 3.01 At least annually, the Series Fund or its designee shall provide the Insurance Company (at the Insurance Company’s expense) , free of charge, with as many copies of the current prospectus for each Fund listed on Schedule C herein as the Insurance Company may reasonably request for distribution to prospective purchasers of contracts. Xxxxx Distributors shall also provide the Insurance Company (free of charge) with as many copies shares of the current prospectus for each Fund listed on Schedule C herein Funds as the Insurance Company may reasonably request for distribution to existing Contract owners whose Contracts are funded by such shares. The Series Fund or its designee shall provide the Insurance Company, at the Insurance Company's expense, with as many more copies of the current prospectus for the shares as the Insurance Company may reasonably request for distribution to prospective purchasers of such Fund(s)Contracts. If requested by the Insurance Company in lieu thereof, the Company Series Fund or its designee shall provide such documentation (including a final "camera ready" copy of the new prospectus as set in type at the Company’s expense, or, at the request of the Insurance Company, as a diskette in the form sent to the financial printersprinter) and other assistance as is reasonably necessary in order for the Insurance Company parties hereto once each a year (or more frequently if the prospectus for the Company shares is supplemented or amended) to have the prospectus for the Contracts and the Company’s prospectus for the Series Fund shares and any other fund shares offered as investments for the Contracts printed together in one document. With respect to any prospectuses The expenses of the Funds that are printed in combination with any one or more Contract prospectuses (the “Prospectus Booklet”), the costs of such printing Prospectus Booklets for distribution to existing Contract owners shall be prorated to the Company based on apportioned between (a) the ratio of Insurance Company and (b) the Series Fund in proportion to the number of pages of the Contract, other fund shares prospectuses and the Series Fund shares prospectus, taking account of other relevant factors affecting the expense of printing' such as covers, columns, graphs and charts; the Series Fund to bear the cost of printing the shares' prospectus portion of such document for distribution only to owners of existing Contracts funded by the Funds included in Series Fund shares and the Prospectus Booklet Insurance Company to bear the expense of printing the portion of such documents relating to the number of pages in the Prospectus Booklet as a wholeAccount; and (b) the ratio of the number of Contract owners with Contract value allocated to the Funds to the total number of Contract owners; provided provided, however, that the Insurance Company shall bear all printing expenses of such combined documents where used for distribution to prospective purchasers or to owners of existing Contracts not funded by the Fundsshares.

Appears in 1 contract

Samples: Participation Agreement (FSL Separate Account M)

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Disclosure Documents and Voting. 3.1. Xxxxx Distributors At least annually, the Trust or its designee shall provide the Insurance Company (at the Insurance Company’s expense) , free of charge, with as many copies of the current prospectus for each Fund listed on Schedule C herein as the Insurance Company may reasonably request for distribution to prospective purchasers of contracts. Xxxxx Distributors shall also provide the Insurance Company (free of charge) with as many copies shares of the current prospectus for each Fund listed on Schedule C herein Funds as the Insurance Company may reasonably request for distribution to existing Contract owners whose Contracts are funded by such shares. The Trust or its designee shall provide the Insurance Company, at the Insurance Company's expense, with as many more copies of the current prospectus for the shares as the Insurance Company may reasonably request for distribution to prospective purchasers of such Fund(s)Contracts. If requested by the Insurance Company in lieu thereof, the Company Trust or its designee shall provide such documentation (including a final "Camera Ready" copy of the new prospectus as set in type at the Company’s expense, or, at the request of the Insurance Company, as a diskette in the form sent to the financial printersprinter) and other assistance as is reasonably necessary in order for the Insurance Company parties hereto once each a year (or more frequently if the prospectus for the Company shares is supplemented or amended) to have the prospectus prospectuses for the Contracts and the Company’s prospectus for the Trust shares and any other fund shares offered under the Contracts printed together in one document. With respect to any prospectuses The expense of the Funds that are printed in combination with any one or more Contract prospectuses (the “Prospectus Booklet”), the costs of such printing Prospectus Booklets for distribution to existing Contract owners shall will be prorated to the Company based on apportioned between (a) the ratio of Insurance Company, (b) other funds, and (c) the Trust in proportion to the number of pages of the Contract, other fund shares' prospectuses and the Trust shares prospectus, taking account of other relevant factors affecting the expense of printing, such as covers, columns, graphs and charts. The Trust shall bear the cost of printing the shares' prospectus portion of such document for distribution only to owners of existing Contracts funded by the Funds included in Trust shares, and the Prospectus Booklet to Insurance Company shall bear all other expenses of printing the number of pages in the Prospectus Booklet as a whole; and (b) the ratio of the number of Contract owners with Contract value allocated to the Funds to the total number of Contract owners; provided however, that the combined documents. The Insurance Company shall bear all printing expenses of such combined documents where used for distribution to prospective purchasers or to owners of existing Contracts not funded by the Fundsshares.

Appears in 1 contract

Samples: Participation Agreement (Berger Institutional Products Trust)

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