FUND SHARES. 3.1 Fund agrees to make the shares of each Portfolio available for purchase by Insurance Company and each Separate Account at net asset value, subject to the terms and conditions of this Agreement and the Portfolio Prospectus. Fund may refuse to sell the shares of any Portfolio to any person, or suspend or terminate the offering of the shares of any Portfolio, as permitted by law or by regulatory authorities having jurisdiction or if, in the sole discretion of the Board acting in good faith and in light of its fiduciary duties under federal and any applicable state laws, suspension or termination is necessary and in the best interests of the shareholders of such Portfolio.
Appears in 15 contracts
Samples: Fund Participation Agreement (Empire Fidelity Investments Variable Annuity Account A), Fund Participation Agreement (Lazard Retirement Series Inc), Fund Participation Agreement (Fidelity Investments Variable Annuity Account I)
FUND SHARES. 3.1 Fund agrees to make the shares Shares of each Portfolio available for purchase by Insurance Company and each Separate Account at net asset value, subject to the terms and conditions of this Agreement and the Portfolio Prospectus. Fund may refuse to sell the shares Shares of any Portfolio to any person, or suspend or terminate the offering of the shares Shares of any Portfolio, as permitted by law or by regulatory authorities having jurisdiction or if, in the sole discretion of the Board acting in good faith and in light of its fiduciary duties under federal and any applicable state laws, suspension or termination is necessary and in the best interests of the shareholders of such Portfolio.
Appears in 8 contracts
Samples: Participation Agreement (Delaware Life Variable Account F), Fund Participation Agreement (Lazard Retirement Series Inc), Fund Participation Agreement (MEMBERS Horizon Variable Separate Account)
FUND SHARES. 3.1 Fund agrees to make the shares of each Portfolio available for purchase by Insurance Company and each Separate Account at net asset valuevalue on each Business Day, subject to the terms and conditions of this Agreement and the Portfolio Prospectus. Fund may refuse to sell the shares of any Portfolio to any person, or suspend or terminate the offering of the shares of any Portfolio, as permitted by law or by regulatory authorities having jurisdiction or if, in the sole discretion of the Board acting in good faith and in light of its fiduciary duties under federal and any applicable state laws, suspension or termination is necessary and in the best interests of the shareholders of such Portfolio, including Insurance Company and the Separate Accounts.
Appears in 6 contracts
Samples: Fund Participation Agreement (Lazard Retirement Series Inc), Fund Participation Agreement (PHL Variable Accumulation Account), Fund Participation Agreement (Phoenix Life Variable Accumulation Account)
FUND SHARES. 3.1 3.1. Fund agrees to make the shares of each Portfolio available for purchase by Insurance Company Insurer and each Separate Account at net asset valuevalue and without sales charge, subject to the terms and conditions of this Agreement and the Portfolio ProspectusAgreement. Fund may refuse to sell the shares of any Portfolio to any person, or suspend or terminate the offering of the shares of any Portfolio, as permitted Portfolio if such action is required by law or by regulatory authorities having jurisdiction or ifis, in the sole discretion of the Board Board, acting in good faith and in light of its fiduciary duties under federal and any applicable state laws, suspension or termination is necessary and in the best interests of the shareholders of such Portfolio.
Appears in 5 contracts
Samples: Fund Participation Agreement (Lazard Retirement Series Inc), Fund Participation Agreement (Ids Life Variable Account 10), Participation Agreement (Allstate Financial Advisors Separate Account I)
FUND SHARES. 3.1 3.2. Fund agrees to make the shares of each Portfolio available for purchase by Insurance Company Insurer and each Separate Account at net asset valuevalue and without sales charge, subject to the terms and conditions of this Agreement and the Portfolio ProspectusAgreement. Fund may refuse to sell the shares of any Portfolio to any person, or suspend or terminate the offering of the shares of any Portfolio, as permitted Portfolio if such action is required by law or by regulatory authorities having jurisdiction or ifis, in the sole discretion of the Board Board, acting in good faith and in light of its fiduciary duties under federal and any applicable state laws, suspension or termination is necessary and in the best interests of the shareholders of such Portfolio.
Appears in 3 contracts
Samples: Fund Participation Agreement (Lincoln Benefit Life Variable Annuity Account), Participation Agreement (Allstate Life of N Y Var Life Sep Acct A), Fund Participation Agreement (Valley Forge Life Insurance Co Variable Life Separate Accoun)
FUND SHARES. 3.1 Fund agrees to make the shares of each Portfolio available for purchase by Insurance Company Insurer and each Separate Account at net asset valuevalue and without sales charge, subject to the terms and conditions of this Agreement and the Portfolio ProspectusAgreement. Fund may refuse to sell the shares of any Portfolio to any person, or suspend or terminate the offering of the shares of any Portfolio, as permitted Portfolio if such action is required by law or by regulatory authorities having jurisdiction or ifis, in the sole discretion of the Board Board, acting in good faith and in light of its fiduciary duties under federal and any applicable state laws, suspension or termination is necessary and in the best interests of the shareholders of such Portfolio.
Appears in 1 contract
Samples: Fund Participation Agreement (Lazard Retirement Series Inc)
FUND SHARES. 3.1 Fund agrees to make the shares Shares of each Portfolio available for purchase by Insurance Company and each Separate Account at net asset value, subject to the terms and conditions of this Agreement and the Portfolio Prospectus. Fund may refuse to sell the shares Shares of any Portfolio to any person, or suspend or terminate the offering of the shares Shares of any Portfolio, as permitted by law or by regulatory authorities having jurisdiction or if, in the sole discretion of the Board acting in good faith and in light of its fiduciary duties under federal and any applicable state laws, suspension or termination is necessary and in the best interests of the shareholders of such Portfolio. Fund will make commercially reasonable efforts to notify Insurance Company prior to the suspension or termination of the offering of any Portfolio Shares unless such notification would conflict with any federal or state securities law or regulation.
Appears in 1 contract
Samples: Fund Participation Agreement (Lazard Retirement Series Inc)
FUND SHARES. 3.1 Fund agrees to make the shares of each Portfolio available for purchase by Insurance Company and each Separate Account at net asset netasset value, subject to the terms and conditions of this Agreement and the Portfolio Prospectus. Fund may refuse to sell the shares theshares of any Portfolio to any person, or suspend or terminate the offering of the shares of any Portfolio, as permitted by law or by orby regulatory authorities having jurisdiction or if, in the sole discretion of the Board acting in good faith and in light of its fiduciary itsfiduciary duties under federal and any applicable state laws, suspension or termination is necessary and in the best interests of the ofthe shareholders of such Portfolio.
Appears in 1 contract
Samples: Fund Participation Agreement (Metlife Investors Usa Separate Account A)