Exemptive Order. The parties to this Agreement acknowledge that the Trust has received an exemptive order from the SEC (the "Exemptive Order") granting relief from various provisions of the 1940 Act and the rules thereunder to the extent necessary to permit Trust shares to be sold to and held by variable annuity and variable life insurance separate accounts of both affiliated and unaffiliated Participating Insurance Companies and other Qualified Persons (as defined in Section 2.8 hereof). The Exemptive Order requires the Trust and each Participating Insurance Company to comply with conditions and undertakings substantially as provided in this Article VIII. The Trust will not enter into a participation agreement with any other Participating Insurance Company unless it imposes the same conditions and undertakings on that company as are imposed on the Company pursuant to this Article VIII.
Exemptive Order. The parties to this Agreement acknowledge that the Trust has filed an application with the SEC to request an order (the "Exemptive Order") granting relief from various provisions of the 1940 Act and the rules thereunder to the extent necessary to permit Trust shares to be sold to and held by variable annuity and variable life insurance separate accounts of both affiliated and unaffiliated Participating Insurance Companies and other Qualified Persons (as defined in Section 2.8 hereof). It is anticipated that the Exemptive Order, when and if issued, shall require the Trust and each Participating Insurance Company to comply with conditions and undertakings substantially as provided in this Article VIII. The Trust will not enter into a participation agreement with any other Participating Insurance Company unless it imposes the same conditions and undertakings on that company as are imposed on the Company pursuant to this Article VIII.
Exemptive Order. Prior to offering the shares of any Designated Portfolio in variable life insurance contracts of any insurance company, the Fund shall seek and obtain a customary “mixed and shared funding order” from the SEC, provided that the Fund shall not be required to obtain such an order if the SEC adopts a rule obviating the need for such an order and the Fund complies with such rule.
Exemptive Order. The Exemptive Order shall have been issued by the SEC and shall not contain any terms and conditions that are (a) unacceptable to either party, in its reasonably discretion, or (b) inconsistent with this Agreement.
Exemptive Order. (i) The Seller covenants to the Buyer that within ten (10) days of the date hereof, it will file with the Securities and Exchange Commission (the "SEC") an Application for An Order under Section 6(c) of the Investment Company Act of 1940 for An Exemption from Section 12(d)(i), 18(a), 61(a) and 19(b) of the Investment Company Act of 1940 (the "Application"). The Seller further covenants to the Buyer hereto that it will provide a true and complete copy of such Application to the Buyer with five (5) Business Days after the Closing Date.
Exemptive Order. (a) The Borrower covenants to the parties hereto that within fifteen (15) days after the date hereof, it will cause the Originator to file with the SEC an Application for An Order under Section 6(c) of the 1940 Act for An Exemption from Sections 12(d)(i), 18(a), 61(a) and 19(b) of the 1940 Act and cause to be delivered a true and complete copy of such Application to the Deal Agent within five (5) Business Days of the Closing Date.
Exemptive Order. The SEC shall have issued an order exempting the transactions contemplated by this Agreement from Section 17(a) of the 1940 Act.
Exemptive Order. Within five days after the date hereof, the Company shall notify the SEC’s Division of Investment Management of the transactions contemplated by this Agreement and the Interest Purchase Agreement for purposes of determining what action, if any, would be needed to ensure that the Exemptive Order can enable the type of co-investment transactions contemplated there under once the Contemplated Transactions are effected. The Company and Buyer shall reasonably cooperate with each other in responding to any requests from, and providing information to, the SEC in connection with the SEC’s consideration of the forgoing. The Company shall use its reasonable best efforts to take, or cause to be taken, all appropriate actions and to do, or cause to be done, all things necessary, proper or advisable to cause the Exemptive Order to remain in full force and effect and the Company and the other persons covered thereunder to be able to continue rely on the Exemptive Order or any amendment or successor order after giving effect to the consummation of the Contemplated Transactions.
Exemptive Order. Alliance Holding shall have received an exemptive order from the Securities and Exchange Commission from Sections 3(a)(I)(c) and 7(a) of the Investment Company Act of 1940 with respect to its interests in Alliance Capital.
Exemptive Order. Such reports, materials and data shall be submitted more frequently if deemed appropriate by the Board.
