Common use of FUND SUBSTITUTION Clause in Contracts

FUND SUBSTITUTION. If a party desires to remove a Fund from a Variable Product, whomever initiates the removal will pay reasonable expenses incurred by the other party as a result of removing such Fund as an available investment option. The parties agree to provide reasonable advance notice of their election to remove a Fund. The Company acknowledges that Nationwide may need to seek the approval of the SEC under Section 26(c) of the 1940 Act for any fund substitution.

Appears in 10 contracts

Samples: Fund Participation Agreement (Nationwide Variable Account-15), Fund Participation Agreement (Nationwide Vli Separate Account 4), Fund Participation Agreement (Nationwide Variable Account Ii)

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FUND SUBSTITUTION. If a party desires to remove a Fund from a Variable Product, whomever initiates the removal will pay reasonable expenses incurred by the other party as a result of removing such Fund as an available investment option. The parties agree to provide reasonable advance notice of their election to remove a Fund. The Company acknowledges that Nationwide may need to seek the approval of the SEC Securities and Exchange Commission ("SEC") under Section 26(c26 (c) of the 1940 Act for any fund substitution.

Appears in 6 contracts

Samples: Fund Participation Agreement (Nationwide Variable Account 4), Fund Participation Agreement (Nationwide Variable Account 4), Fund Participation Agreement (Nationwide Variable Account 4)

FUND SUBSTITUTION. If a party desires to remove a Fund from a Variable Product, whomever initiates the removal will pay reasonable expenses incurred by the other party as a result of removing such Fund as an available investment option. The parties agree shall use commercially reasonable effort to provide reasonable advance notice of their election to remove a FundFund from a Variable Product or from Exhibit B of this Agreement. The Company acknowledges that Nationwide may need to seek the approval of the SEC under Section 26(c26 (c) of the 1940 Act for any fund substitution.

Appears in 3 contracts

Samples: Fund Participation Agreement (Nationwide VL Separate Account-G), Fund Participation Agreement (Nationwide VL Separate Account-G), Fund Participation Agreement (Nationwide VLI Separate Account-7)

FUND SUBSTITUTION. If a party desires to remove a Fund from a Variable Product, whomever initiates the removal will pay reasonable expenses incurred by the other party as a result of removing such Fund as an available investment option. The parties agree to provide reasonable advance notice of their election to remove a Fund. The Company acknowledges that Nationwide Jefferson may need to seek the approval of the SEC under Section 26(c) of the 1940 Act for any fund substitution.

Appears in 3 contracts

Samples: Fund Participation Agreement (Mainstay Vp Funds Trust), Fund Participation Agreement (Jefferson National Life Annuity Account G), Fund Participation Agreement (Jefferson National Life of New York Annuity Account 1)

FUND SUBSTITUTION. If a party desires to remove a Fund the Portfolio from a Variable Product, whomever initiates the removal will pay reasonable expenses incurred by the other party as a result of removing such Fund Portfolio as an available investment option. The parties agree to provide reasonable advance notice of their election to remove a Fundthe Portfolio. The Company acknowledges that Nationwide may need to seek the approval of the SEC under Section 26(c) of the 1940 Act for any fund substitution.

Appears in 2 contracts

Samples: Fund Participation Agreement (Nationwide Variable Account Ii), Fund Participation Agreement (Nationwide Vli Separate Account 4)

FUND SUBSTITUTION. If a party desires to remove a Fund from a Variable Product, whomever initiates the removal will pay reasonable expenses incurred by the other party as a result of removing such Fund as an available investment option. The parties agree to: (i) cooperatively work with the other to minimize the costs associated with the removal of a Fund; and (ii) provide reasonable advance notice of their election to remove a FundFund from a Variable Product. The Company acknowledges that Nationwide may need to seek the approval of the SEC under Section 26(c26 (c) of the 1940 Act for any fund substitution.

Appears in 2 contracts

Samples: Fund Participation Agreement (Lazard Retirement Series Inc), Fund Participation Agreement (Nationwide Vli Separate Account 4)

FUND SUBSTITUTION. If a party desires to remove a Fund from a Variable Product, whomever initiates the removal will pay reasonable expenses incurred by the other party as a result of removing such Fund as an available investment option. The parties agree to provide reasonable advance notice of their election to remove a Fund. The Company acknowledges that Nationwide may need to seek the approval of the SEC under Section 26(c) of the 1940 Act for any fund Fund substitution.

Appears in 1 contract

Samples: Fund Participation Agreement (Nationwide Variable Account-15)

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FUND SUBSTITUTION. If a party desires to remove a Fund from a Variable ProductContract (other than the exercise by the Corporation of its rights under Section 2(c) hereof), whomever the party that initiates the removal will pay reasonable expenses incurred by the other party as a result of removing such Fund as an available investment option. The parties agree to provide reasonable advance notice of their election to remove a Fund. The Company acknowledges and the Corporation acknowledge that Nationwide may need to seek the approval of the SEC under Section 26(c) of the 1940 Act for any fund Fund substitution.

Appears in 1 contract

Samples: Fund Participation Agreement (Nationwide Variable Account 4)

FUND SUBSTITUTION. If a party desires to remove a Fund from a Variable Product, whomever initiates the removal will pay reasonable expenses incurred by the other party as a result of removing such Fund as an available investment option. The parties agree to provide reasonable advance notice of their election to remove a Fund. The Company acknowledges Distributor and Trust acknowledge that Nationwide may need to seek the approval of the SEC under Section 26(c) of the 1940 Act for any fund substitution.

Appears in 1 contract

Samples: Fund Participation Agreement (Nationwide Variable Account 4)

FUND SUBSTITUTION. If a party desires to remove Should the removal of a Fund from a Variable ProductProduct be desired by the parties, whomever initiates the removal will pay parties agree to share any reasonable expenses incurred by the other party as a result of removing such Fund as an available investment option. The parties agree to provide reasonable advance notice of their election to remove a Fund. The Company acknowledges that Nationwide may need to seek the approval of the SEC Securities and Exchange Commission ("SEC") under Section 26(c26 (c) of the 1940 Act for any fund substitution.

Appears in 1 contract

Samples: Fund Participation Agreement (Nationwide VL Separate Account-G)

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