Common use of ERISA Assets Clause in Contracts

ERISA Assets. To the extent Shares are purchased by Financial Intermediaries’ customers through a defined contribution plan subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) (a “Plan”), Financial Intermediary represents and warrants that it either: (a) is not a “fiduciary” with respect to the provision of the services contemplated herein to any Plan(s) as such term is defined in Section 3(21) of ERISA and Section 4975 of the Internal Revenue Code of 1986, as amended (the “Code”); or (b) its receipt of fees pursuant to this Agreement and the provision of the services contemplated herein to any Plan(s) will not constitute a non-exempt “prohibited transaction” as such term is defined in Section 406 of ERISA and Section 4975 of the Code.

ERISA Assets. To the extent Shares are purchased by Financial Intermediaries’ customers through a defined contribution plan subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (“"ERISA”") (a “"Plan”), Financial Intermediary represents and warrants that it either: (a) is not a “"fiduciary” " with respect to the provision of the services contemplated herein to any Plan(s) as such term is defined in Section 3(21) of ERISA and Section 4975 of the Internal Revenue Code of 1986, as amended (the “Code”); or (b) its receipt of fees pursuant to this Agreement and the provision of the services contemplated herein to any Plan(s) will not constitute a non-exempt “"prohibited transaction” " as such term is defined in Section 406 of ERISA and Section 4975 of the Code.

ERISA Assets. To the extent Shares are purchased by Financial Intermediaries’ customers Contract owners through a defined contribution plan subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) (a “Plan”), Financial Intermediary represents and warrants that it either: (a) is not a “fiduciary” with respect to the provision of the services contemplated herein to any Plan(s) as such term is defined in Section 3(21) of ERISA and Section 4975 of the Internal Revenue Code of 1986, as amended (the “Code”); or (b) its receipt of fees pursuant to this Agreement and the provision of the services contemplated herein to any Plan(s) will not constitute a non-exempt “prohibited transaction” as such term is defined in Section 406 of ERISA and Section 4975 of the Code.

ERISA Assets. To the extent Shares are purchased by Financial Intermediaries’ customers through a Retirement Plan which is a defined contribution plan subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) (a “Plan”), Financial Intermediary represents and warrants that the arrangements provided for in this Agreement will be disclosed to such Retirement Plans(s) through their representatives and that it either: (a) is not a “fiduciary” with respect to the provision of the services contemplated herein to any such Retirement Plan(s) as such term is defined in Section 3(21) of ERISA and Section 4975 of the Internal Revenue Code of 1986, as amended (the “Code”); or (b) its receipt of fees pursuant to this Agreement and the provision of the services contemplated herein to any such Retirement Plan(s) will not constitute a non-exempt “prohibited transaction” as such term is defined in Section 406 of ERISA and Section 4975 of the Code.

ERISA Assets. To the extent Shares are purchased by Financial Intermediaries’ customers Contractowners through a defined contribution plan subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) (a an “ERISA Plan”), Financial Intermediary represents and warrants BD each represent and warrant that it either: (a) a. is not a “fiduciary” with respect to the provision of the services contemplated herein to any ERISA Plan(s) as such term is defined in Section 3(21) of ERISA and Section 4975 of the Internal Revenue Code of 1986, as amended (the “Code”); or (b) its b. the receipt of fees pursuant to this Agreement and the provision of the services contemplated herein to any ERISA Plan(s) will not constitute a non-exempt “prohibited transaction” as such term is defined in Section 406 of ERISA and Section 4975 of the Code.

ERISA Assets. To the extent Shares are purchased by Financial Intermediaries’ customers Contract owners through a defined contribution plan subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (“"ERISA”") (a “"Plan”), Financial Intermediary represents and warrants that it either: (a) is not a “"fiduciary” " with respect to the provision of the services contemplated herein to any Plan(s) as such term is defined in Section 3(21) of ERISA and Section 4975 of the Internal Revenue Code of 1986, as amended (the “Code”); or (b) its receipt of fees pursuant to this Agreement and the provision of the services contemplated herein to any Plan(s) will not constitute a non-exempt “"prohibited transaction” " as such term is defined in Section 406 of ERISA and Section 4975 of the Code.

ERISA Assets. To the extent Shares shares are purchased by Financial Intermediaries’ customers through a defined contribution an employee benefit plan subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) (a “Plan”), Financial Intermediary represents and warrants that it either: (a) is not a “fiduciary” with respect to the provision of the services contemplated herein to any Plan(s) as such term is defined in Section 3(21) of ERISA and Section 4975 of the Internal Revenue Code of 1986, as amended (the “Code”); or (b) its receipt of fees pursuant to this Agreement and the provision of the services contemplated herein to any Plan(s) will not constitute a non-exempt “prohibited transaction” as such term is defined in Section 406 of ERISA and Section 4975 of the Code.

ERISA Assets. To the extent Shares are purchased by Financial Intermediaries’ customers Contract owners through a defined contribution plan subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) (a “Plan”), Financial Intermediary Distributor represents and warrants that it either: (a) is not a “fiduciary” with respect to the provision of the services contemplated herein to any Plan(s) as such term is defined in Section 3(21) of ERISA and Section 4975 of the Internal Revenue Code of 1986, as amended (the “Code”); or (b) its receipt of fees pursuant to this Agreement and the provision of the services contemplated herein to any Plan(s) will not constitute a non-exempt “prohibited transaction” as such term is defined in Section 406 of ERISA and Section 4975 of the Code.

ERISA Assets. To the extent Shares shares are purchased by Financial Intermediaries’ customers through a defined contribution an employee benefit plan subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (“"ERISA”") (a “"Plan”"), Financial Intermediary represents and warrants that it either: (a) is not a “"fiduciary” " with respect to the provision of the services contemplated herein to any Plan(s) as such term is defined in Section 3(21) of ERISA and Section 4975 of the Internal Revenue Code of 1986, as amended (the “"Code”"); or (b) its receipt of fees pursuant to this Agreement and the provision of the services contemplated herein to any Plan(s) will not constitute a non-exempt “"prohibited transaction” " as such term is defined in Section 406 of ERISA and Section 4975 of the Code.