Common use of No Dividends are Payable Clause in Contracts

No Dividends are Payable. This contract is nonparticipating. This contract does not participate in our profits or surplus. We will send notice to you and any assignee of record at your last known address if we add an Index or an Interim Fund. We will send notice to you and any assignee of record at your last known address if we substitute an Index or Interim Fund, and any portion of your Contract Value is allocated to the Index or Interim Fund being substituted. An Index or Interim Fund may be substituted with a new Index or Interim Fund because: • the Index or Interim Fund is discontinued; • we are unable to use the Index because changes to the Index make it impractical or expensive to purchase derivative securities to hedge the Index; • we are not licensed to use the Index or Interim Fund; • if the method of calculation of the Index or Interim Fund values changes substantially resulting in significantly different performance results; or • it is determined in our sole discretion that such substitution is necessary. If required, we will seek regulatory approval prior to substituting an Index. If an Index or Interim Fund is renamed, we will send notice of the new name to you and any assignee of record at your last known address. We may discontinue accepting new allocations into a specific Index Option or Interim Fund at any time. We may discontinue accepting new allocations into an Interim Fund only if we offer more than one Interim Fund at a time. We will send notice to you and any assignee of record at your last known address if we discontinue accepting new allocations into a specific Index Option and any portion of your Contract Value is allocated to the Index Option or Interim Fund, which we are restricting. Only our President together with our Secretary has the authority to make any changes to this contract or waive any provisions of this contract. Any change must be in writing. General Provisions continued from the previous page Taxes paid to any governmental entity results in an amount equivalent to the tax being charged against the Contract Value. We may establish a provision for premium tax if we determine, in our sole discretion, whether taxes have resulted from our receipt of Purchase Payments, or commencement of Annuity Payments. We may, at our discretion, pay taxes when due and deduct that amount from the Contract Value at a later date. This will not waive any right we may have to deduct previously paid amounts at a later date. We may establish a provision for federal income taxes, excise taxes or foreign withholding taxes not recovered if we determine, in our sole discretion, that we will incur such tax as a result of the operation or investment experience of the Variable Account. We may deduct from the Contract Value for any income taxes incurred as a result of the operation of the Variable Account. We deduct any federal or state income withholding taxes from any payment we make, as required by applicable law.

Appears in 3 contracts

Samples: Individual Flexible Purchase Payment Variable Deferred Annuity Contract (Allianz Life Insurance Co of North America), Individual Flexible Purchase Payment Variable Deferred Annuity Contract (Allianz Life Variable Account B), Individual Flexible Purchase Payment Variable Deferred Annuity Contract (Allianz Life Variable Account B)

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No Dividends are Payable. This contract is nonparticipating. This contract does not participate in our profits or surplus. We If the publication of an Index is discontinued or if the calculation of an Index is changed substantially, we will seek regulatory approval to substitute a comparable Index. When we receive approval, we will send notice to you and any assignee of record notice of the substitution at your last known address if we add an Index or an Interim Fund. We will send notice to you and any assignee of record at your last known address if we substitute an Index or Interim Fund, and any portion of your Contract Value is allocated to the Index or Interim Fund being substituted. An Index or Interim Fund may be substituted with a new Index or Interim Fund because: • the Index or Interim Fund is discontinued; • we are unable to use the Index because changes to the Index make it impractical or expensive to purchase derivative securities to hedge the Index; • we are not licensed to use the Index or Interim Fund; • if the method of calculation of the Index or Interim Fund values changes substantially resulting in significantly different performance results; or • it is determined in our sole discretion that such substitution is necessary. If required, we will seek regulatory approval prior to substituting an Index. If an Index or Interim Fund is renamed, we will send notice of the new name to you and any assignee of record at your last known address. We may discontinue accepting new allocations into a specific Index Option or Interim Fund at any time. We may discontinue accepting new allocations into an Interim Fund only if we offer more than one Interim Fund at a time. We will send notice to you and any assignee of record at your last known address if we discontinue accepting new allocations into a specific Index Option and any portion of your Contract Value is allocated to the Index Option or Interim Fund, which we are restrictingaddresses. Only our President together with our Secretary has the authority to make any changes to this contract or waive any provisions of this contract. Any change must be in writing. L40538 14 General Provisions continued from the previous page Taxes paid to any governmental entity results in an amount equivalent to the tax being charged against the Contract Value. We may establish a provision for premium tax if we determineWe, in our sole discretion, determine whether taxes have resulted from the investment experience of the Variable Account, our receipt of Purchase Payments, or commencement of Annuity Payments. We may, at our discretion, pay taxes when due and deduct that amount from the Contract Value at a later date. This will not waive any right we may have to deduct previously paid amounts at a later date. We may establish a provision for federal income taxes, excise taxes or foreign withholding taxes not recovered if we determine, in our sole discretion, that we will incur such tax as a result of the operation or investment experience of the Variable Account. We may will deduct from the Contract Value for any income taxes incurred as a result of the operation of the Variable AccountAccount whether or not there was a provision for taxes and whether or not it was sufficient. We deduct any federal or state income withholding taxes from any payment we make, as required by applicable law. No Beneficiary can commute, encumber, alienate or assign any payment under this contract before it is due. To the extent permitted by law, no payment is subject to the debts, contracts or engagements of any Beneficiary or to any judicial process to levy upon or attach the same for payment thereof. Where any benefits under this contract are contingent on a person being alive on a given date, we may require proof satisfactory to us that the condition has been met.

Appears in 2 contracts

Samples: Individual Flexible Purchase Payment Variable Deferred Annuity Contract (Allianz Life Insurance Co of North America), Individual Flexible Purchase Payment Variable Deferred Annuity Contract (Allianz Life Variable Account B)

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No Dividends are Payable. This contract is nonparticipating. This contract does not participate in our profits or surplus. We will send notice to you and any assignee of record at your last known address if we add an Index or an Interim Fund. We will send notice to you and any assignee of record at your last known address if we substitute an Index or Interim Fund, and any portion of your Contract Value is allocated to the Index or Interim Fund being substituted. An Index or Interim Fund may be substituted with a new Index or Interim Fund because: • the Index or Interim Fund is discontinued; • we are unable to use the Index because changes to the Index make it impractical or expensive to purchase derivative securities to hedge the Index; • we are not licensed to use the Index or Interim Fund; • if the method of calculation of the Index or Interim Fund values changes substantially resulting in significantly different performance results; or • it is determined in our sole discretion that such substitution is necessary. If required, we will seek regulatory approval prior to substituting an Index. If an Index or Interim Fund is renamed, we will send notice of the new name to you and any assignee of record at your last known address. We may discontinue accepting new allocations into a specific Index Allocation Option or Interim Fund at any time. We may discontinue accepting new allocations into an Interim Fund only if we offer more than one Interim Fund at a time. We If the MVA Reference Rate is not published on any day on which an MVA is calculated, we will send notice to you and any assignee of record at your last known address if we discontinue accepting new allocations into a specific Index Option and any portion of your Contract Value is allocated to use the Index Option or Interim Fund, which we are restrictingMVA Reference Rate for the most recent day it was published. Only our President together with our Secretary has the authority to make any changes to this contract or waive any provisions of this contract. Any change must be in writing. General Provisions continued from the previous page Taxes paid to any governmental entity results in an amount equivalent to the tax being charged against the Contract Value. We may establish a provision for premium tax if we determine, in our sole discretion, whether taxes have resulted from our receipt of Purchase Payments, or commencement of Annuity Payments. We may, at our discretion, pay taxes when due and deduct that amount from the Contract Value at a later date. This will not waive any right we may have to deduct previously paid amounts at a later date. We may establish a provision for federal income taxes, excise taxes or foreign withholding taxes not recovered if we determine, in our sole discretion, that we will incur such tax as a result of the operation or investment experience of the Variable Account. We may deduct from the Contract Value for any income taxes incurred as a result of the operation of the Variable AccountAccount whether or not there was a provision for taxes and whether or not it was sufficient. We deduct any federal or state income withholding taxes from any payment we make, as required by applicable law.

Appears in 1 contract

Samples: Individual Flexible Purchase Payment Variable Deferred Annuity Contract (Allianz Life Insurance Co of North America)

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