DUTIES OF INSURANCE COMPANY. Each insurance company must keep such records, make such identification of contracts, funds and accounts within funds, and supply such information as may be necessary for the proper administration of the Plan under which it is carrying insurance benefits.
DUTIES OF INSURANCE COMPANY a. Insurance Company will administer the Contracts and the Accounts, including all Contract owner service and communication activities, such as: filing any reports or other filings required by any law or regulation; establishing each Account; creating the Contracts, confirmation and other administrative forms or documents; and obtaining all required regulatory approvals to permit the sale and maintenance of the Contracts.
b. The Insurance Company will make reasonable efforts to market its Contracts. In marketing its Contracts, the Insurance Company will comply in all material respects with applicable state insurance and federal and state securities laws. The Insurance Company may market the Contracts it issues through insurance agencies or brokers including those which may be controlled by insurance companies.
c. Insurance Company will not distribute any prospectus, sales literature, advertising material or any other printed matter or material relating to the Contracts, the Series or the Funds, if, to its knowledge, any of the foregoing contains any material misstatements or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
d. Insurance Company will provide to AFD and/or CRMC, upon AFD’s and/or CRMC’s request, at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions or requests for no-action letters, and all amendments to any of the above, that materially impact the Series relate to the Contracts. Insurance Company will advise AFD and CRMC immediately of:
(i) the issuance by the SEC of any stop order suspending the effectiveness of the registration statement of the Contracts or the initiation of any proceedings for that purpose;
(ii) the institution of any regulatory proceeding, investigation or hearing involving the offer or sale of the Contracts of which it becomes aware; or
(iii) the occurrence of any material event that, if known, makes untrue any statement made in the registration statement of the Contracts or the Series or which requires the making of a change therein in order to make any statement made therein not misleading.
e. Insurance Company or its agents will receive and process applications and purchase payments in accordance with the terms of the Contracts and the current prospectus. All applica...
DUTIES OF INSURANCE COMPANY a. Insurance Company will administer the Contracts and the Accounts, including all Contractholder service and communication activities, such as: filing any reports or other filings required by any law or regulation; establishing each Account; creating the Contracts, confirmation and other administrative forms or documents; and obtaining all required regulatory approvals to permit the sale and maintenance of the Contracts.
b. In marketing its Contracts, the Insurance Company will comply in all material respects with applicable state insurance and federal and state securities laws. The Insurance Company may market the Contracts it issues through insurance agencies or brokers including those which may be controlled by insurance companies.
c. Insurance Company will not distribute any prospectus, sales literature, advertising material or any other printed matter or material relating to the Contracts, the Series or the Funds, if, to its knowledge, any of the foregoing contains any material misstatements or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading.
d. Insurance Company will provide to AFD and/or CRMC, upon AFD’s and/or CRMC’s request, at least one complete copy of all registration statements, prospectuses, statements of additional information, reports, solicitations for voting instructions, sales literature and other promotional materials, applications for exemptions or requests for no-action letters, and all amendments to any of the above that materially impact the Series relate to the Contracts. Insurance Company will advise AFD and CRMC immediately of:
(i) the issuance by the SEC of any stop order suspending the effectiveness of the registration statement of the Contracts or the initiation of any proceedings for that purpose;
(ii) the institution of any regulatory proceeding, investigation or hearing involving the offer or sale of the Contracts of which it becomes aware; or
(iii) the occurrence of any material event that, if known, makes untrue any statement made in the registration statement of the Contracts or the Series or which requires the making of a change therein in order to make any statement made therein not misleading.
e. Insurance Company or its agents will receive and process applications and purchase payments in accordance with the terms of the Contracts and the current prospectus. All applications for Contracts are subject to acceptance or rejection by Insurance Compa...
DUTIES OF INSURANCE COMPANY. Each insurance company must keep such records, make such identification of contracts, funds and accounts within funds, and supply such information as may be necessary for the proper administration of the Plan under which it is carrying insurance benefits. Note: The provisions of this Article XI are not applicable, and the Plan may not invest in insurance contracts, if a Custodian signatory to the Adoption Agreement is a bank which has not acquired trust powers from its governing state banking authority. * * * * * * * * * * * * * * * 61
DUTIES OF INSURANCE COMPANY. On behalf of the Separate Account, the Insurance Company will furnish the Principal Underwriter with copies of the Disclosure Documents and other documents that the Principal Underwriter reasonably requests for use in connection with the distribution of the Contracts.
DUTIES OF INSURANCE COMPANY. A. MAINTENANCE OF ACCOUNTING RECORDS INSURANCE COMPANY shall be responsible for the maintenance of all books and records in connection with the said variable contracts. Such books and records shall be maintained and preserved in conformity with any requirements under the Exchange Act, any regulations thereunder, or under NASD rules to the extent that such requirements are applicable to variable contract operations. All such books and records shall be maintained and held by INSURANCE COMPANY on behalf of and as agent for BROKER/DEALER. All such books and records are, and shall at all times remain, the property of BROKER/DEALER and shall at all times be subject to inspection by duly authorized officers, auditors or representatives of BROKER/DEALER and by the Securities and Exchange Commission, the NASD, or other regulatory authority having proper jurisdiction.
B. PAYMENT OF COMMISSIONS INSURANCE COMPANY shall pay on behalf of BROKER/DEALER all commissions which may be due on sales of such variable contracts to any selling broker-dealers and registered representatives of BROKER/DEALER who are also licensed insurance agents (or agencies) of INSURANCE COMPANY. Such commissions shall be payable from funds made available for such and shall be subject to approval before payment by duly authorized personnel of BROKER/DEALER. The payment of commisisions hereunder on behalf of BROKER/DEALER is intended by the parties to be a purely ministerial act by INSURANCE COMPANY and all such payments shall be properly reflected on the books and records maintained on behalf of BROKER/DEALER.
DUTIES OF INSURANCE COMPANY. MISCELLANEOUS
DUTIES OF INSURANCE COMPANY. (a) No insurance company is a party to this Agreement nor shall any insurance company be responsible for the validity of this Agreement. No insurance company is required to examine the terms of this Agreement nor be responsible for any action taken by the Trustee.
(b) Any Insurance Company issuing a Contract or Contracts under this Agreement shall be fully protected in dealing with the Trustee and shall not be required to ascertain whether the Trustee is acting pursuant to this Agreement. For the purpose of making application to an insurance company and in the exercise of any right or option contained in any policy, the insurance company may rely on the signature of the Trustee and shall be saved harmless and completely discharged in acting at the direction and authorization of the Trustee. An insurance company shall be discharged from all liability for any amount paid to the Trustee or paid pursuant to the direction of the Trustee, and it shall not be obliged to see to the distribution or further application of any monies it so pays.
DUTIES OF INSURANCE COMPANY. 11.03 9.03 Powers.........................9.01 ARTICLE XII, MISCELLANEOUS 9.04 General........................9.01 12.01 Evidence............................12.01 9.05
DUTIES OF INSURANCE COMPANY. 77 ARTICLE XII TOP-HEAVY PROVISIONS..............................................77 12.01 DETERMINATION OF TOP-HEAVY STATUS..................................77 12.02 DEFINITIONS........................................................78 12.03 TOP-HEAVY MINIMUM ALLOCATION.......................................79 12.04 DETERMINING TOP-HEAVY CONTRIBUTION RATES...........................80 12.05 PLAN WHICH WILL SATISFY TOP-HEAVY..................................80 12.06 TOP-HEAVY VESTING..................................................80
