Common use of Diversification and Qualification Clause in Contracts

Diversification and Qualification. 6.1. The Fund represents that it is or will be qualified as a Regulated Investment Company under Subchapter M of the Code, and that it will maintain such qualification (under Subchapter M or any successor or similar provisions) and that it will notify the Company immediately upon having a reasonable basis for believing that it has ceased to so qualify or that it might not so qualify in the future.

Appears in 17 contracts

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

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Diversification and Qualification. 6.1. The Fund represents that it is or will be qualified as a Regulated Investment Company under Subchapter M of the Code, and that it will use its best efforts to maintain such qualification (under Subchapter M or any successor or similar provisions) and that it will notify the Company immediately upon having a reasonable basis for believing that it has ceased to so qualify or that it might not so qualify in the future.

Appears in 2 contracts

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

Diversification and Qualification. 6.1. The On behalf of the Fund, the Adviser and the Underwriter represent that the Fund represents that it is or will be qualified as a Regulated Investment Company under Subchapter M of the Code, and that it will maintain such qualification (under Subchapter M or any successor or similar provisions) and that it will notify the Company immediately upon having a reasonable basis for believing that it has ceased to so qualify or that it might not so qualify in the future.

Appears in 2 contracts

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

Diversification and Qualification. 6.1. The Each Fund represents that it is or will be currently qualified as a Regulated Investment Company under Subchapter M of the Code, and that it will maintain such qualification (under Subchapter M or any successor or similar provisions) and that it will notify the Company immediately upon having a reasonable basis for believing that it has ceased to so qualify or that it might not so qualify in the future. Company acknowledges that the Funds and Portfolios are management investment companies generally sold to retail investors and not insurance-dedicated funds; the Funds are not diversified or qualified to be sold exclusively to insurance companies as provided by IRC Section 817(h).

Appears in 2 contracts

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

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Diversification and Qualification. 6.1. The Each Fund represents that it is or will be currently qualified as a Regulated Investment Company under Subchapter M of the Code, and that it will maintain such qualification (under Subchapter M or any successor or similar provisions) and that it will notify the Company immediately upon having a reasonable basis for believing that it has ceased to so qualify or that it might not so qualify in the future. Company acknowledges that the Funds and Portfolios are management investment companies generally sold to retail investors and not insurance-dedicated funds; the Funds are not diversified or qualified to be sold exclusively to insurance companies as provided by IRC §817(h).

Appears in 1 contract

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

Diversification and Qualification. 6.1. The Fund represents that it is or will be qualified as a Regulated Investment Company under Subchapter M of the Code, and that it will use it's best efforts to maintain such qualification (under Subchapter M or any successor or similar provisions) and that it will notify the Company immediately upon having a reasonable basis for believing that it has ceased to so qualify or that it might not so qualify in the future.

Appears in 1 contract

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

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