Common use of Notice of Certain Proceedings and Other Circumstances Clause in Contracts

Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall immediately notify Insurer of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by Insurer. Distributor and the Fund will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 89 contracts

Samples: Participation Agreement (Variable Separate Account Nine), Participation Agreement (Sun Life of Canada U S Variable Account I), Participation Agreement (Sun Life N Y Variable Account C)

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Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall immediately notify Insurer of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's ’s registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's ’s shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's ’s shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by Insurer. Distributor and the Fund will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 34 contracts

Samples: Participation Agreement (Separate Account a of Pacific Life & Annuity Co), Participation Agreement (Separate Account a of Pacific Life & Annuity Co), Participation Agreement (Separate Account a of Pacific Life Insurance Co)

Notice of Certain Proceedings and Other Circumstances. (a) The Distributor or the Fund Trust shall immediately notify Insurer AGL of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the FundTrust's registration statement under the 1933 Act or the Fund Trust Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Trust Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the FundTrust's shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund Trust shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the FundTrust's shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by InsurerAGL. The Distributor and the Fund Trust will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 5 contracts

Samples: Participation Agreement (Agl Separate Account D), Participation Agreement (Sierra Variable Trust), Participation Agreement (Sierra Variable Trust)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall immediately notify Insurer Fortis Benefits of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's ’s registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's ’s shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's ’s shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by InsurerFortis Benefits. Distributor and the Fund will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 4 contracts

Samples: Participation Agreement (Variable Account D of Union Security Insurance Co), Participation Agreement (Variable Account D of Union Security Insurance Co), Participation Agreement (Separate Account a of Union Security Life Ins Co of New York)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall Each Corporation will immediately notify Insurer of Company of; (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's a Portfolio registration statement under the 1933 Act or the Fund Prospectus, Portfolio prospectus; (ii) any request by the SEC for any amendment to such Portfolio registration statement or Fund Prospectus, Portfolio prospectus that may affect the offering of Shares; (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's shares, Shares; or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares Shares in any state or jurisdiction, including, without limitation, any circumstances in which which: (xa) the Fund's shares such Shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law law; or (yb) such law precludes the use of such shares Shares as an underlying investment medium of the Variable Contracts issued or to be issued by InsurerCompany. Distributor and the Fund Each Corporation will make every reasonable effort to prevent the issuance issuance, with respect to any Portfolio, of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 3 contracts

Samples: Fund Participation Agreement (Nassau Life Variable Accumulation Account), Fund Participation Agreement (Nassau Life Variable Universal Life Account), Fund Participation Agreement (PHL Variable Accumulation Account)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall AVIF and/or AIM will immediately notify Insurer LBL of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the FundAVIF's registration statement under the 1933 Act or the Fund AVIF Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund AVIF Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the FundAVIF's sharesShares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Shares of any Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (xa) the Fund's shares such Shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law law, or (yb) such law precludes the use of such shares Shares as an underlying investment medium of the Contracts Policies issued or to be issued by InsurerLBL. Distributor and the Fund AVIF will make every reasonable effort to prevent the issuance issuance, with respect to any Fund, of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 2 contracts

Samples: Participation Agreement (Lincoln Benefit Life Variable Annuity Account), Participation Agreement (Aim Variable Insurance Funds)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall immediately notify Insurer of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by Insurer. Distributor and the Fund will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 2 contracts

Samples: Participation Agreement (Metropolitan Life Variable Annuity Separate Account II), Participation Agreement (Metropolitan Life Separate Account Ul)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall immediately notify Insurer of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x1) the Fund's shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y2) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by Insurer. Distributor and the Fund will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 2 contracts

Samples: Participation Agreement (Riversource of New York Account 8), Participation Agreement (Riversource Variable Life Separate Account)

Notice of Certain Proceedings and Other Circumstances. (a) The Distributor or the Fund Trust shall immediately notify Insurer ANLIC of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the FundTrust's registration statement under the 1933 Act or the Fund Trust Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Trust Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the FundTrust's shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund Trust shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the FundTrust's shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by InsurerANLIC. The Distributor and the Fund Trust will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 2 contracts

Samples: Participation Agreement (Variable Separate Account of Anchor National Life Insur Co), Participation Agreement (Variable Separate Account of Anchor National Life Insur Co)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall immediately notify Insurer the Company of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's ’s registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's ’s shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's ’s shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by Insurer. Distributor and the Fund will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 2 contracts

Samples: Participation Agreement (Principal Life Insurance Co Separate Account B), Participation Agreement (Principal Life Insurance Co Variable Life Sep Account)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall Trust will immediately notify Insurer USAA Life of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the FundTrust's registration statement under the 1933 Act or the Fund Trust Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Trust Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the FundTrust's shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares of any Portfolio in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's such shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts or the Policies issued or to be issued by InsurerUSAA Life. Distributor and the Fund Trust will make every reasonable effort to prevent the issuance issuance, with respect to any Portfolio, of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 2 contracts

Samples: Participation Agreement (Separate Account of Usaa Life Insurance Co), Participation Agreement (Life Insurance Separate Account of Usaa Life Insurance Co)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall immediately notify Insurer Fortis Benefits of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by InsurerFortis Benefits. Distributor and the Fund will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 2 contracts

Samples: Participation Agreement (Kelmoore Strategy Variable Trust), Participation Agreement (Kelmoore Strategy Variable Trust)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor INVESCO or the Fund shall immediately notify Insurer Fortis Benefits of (iI) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by InsurerFortis Benefits. Distributor INVESCO and the Fund will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 1 contract

Samples: Participation Agreement (Invesco Variable Investment Funds Inc)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall immediately notify Insurer of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's sharesshares , or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by Insurer. Distributor and the Fund will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 1 contract

Samples: Participation Agreement (Valley Forge Life Insurance Co Variable Annuity Separate Acc)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall immediately notify Insurer in writing of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by Insurer. Distributor and the Fund will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 1 contract

Samples: Participation Agreement (Corporate Sponsored Vul Separate Account I)

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Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall AVIF and/or AIM will immediately notify Insurer Prudential of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's AVIPs registration statement under the 1933 Act or the Fund AVIF Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund AVIF Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's sharesAVIPs Shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Shares of any Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (xa) the Fund's shares such Shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law law, or (yb) such law precludes the use of such shares Shares as an underlying investment medium of the Contracts Policies issued or to be issued by InsurerPrudential. Distributor and the Fund AVIF will make every reasonable effort to prevent the issuance issuance, with respect to any Fund, of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 1 contract

Samples: Participation Agreement by and Among (Pruco Life Variable Universal Account)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall immediately notify Insurer of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares shares' as an underlying investment medium of the Contracts issued or to be issued by Insurer. Distributor Distribution of' and the Fund will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 1 contract

Samples: Participation Agreement (Metlife Investors Variable Annuity Account One)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Each Fund shall will immediately notify Insurer LIFE COMPANY of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the such Fund's ’s registration statement under the 1933 Act or the Fund Portfolio Prospectus, (ii) any request by the SEC Commission for any amendment to such registration statement or Fund Prospectusthe Portfolio Prospectus that may affect the offering of Portfolio Shares, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's sharesPortfolio Shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares Portfolio Shares in any state or jurisdiction, including, without limitation, any circumstances in which (xa) the Fund's shares such Shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law law, or (yb) such law precludes the use of such shares Shares as an underlying investment medium of the Contracts issued or to be issued by InsurerLIFE COMPANY. Distributor and the Each Fund will make every reasonable effort to prevent the issuance issuance, with respect to such Fund or any Portfolio, of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 1 contract

Samples: Participation Agreement (First Symetra National Life Insurance Co of Ny Sep Acct S)

Notice of Certain Proceedings and Other Circumstances. (a) The Distributor or the Fund shall immediately promptly notify Insurer AGL of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts Policies issued or to be issued by InsurerAGL. The Distributor and the Fund will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 1 contract

Samples: Participation Agreement (American General Life Insurance Co Separate Account Vl R)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor INVESCO or the Fund shall immediately notify Insurer First Fortis of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's Funds shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by InsurerFirst Fortis. Distributor INVESCO and the Fund will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 1 contract

Samples: Participation Agreement (Invesco Variable Investment Funds Inc)

Notice of Certain Proceedings and Other Circumstances. (a) The Distributor or the Fund Trust shall immediately notify Insurer FSLIC of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the FundTrust's registration statement under the 1933 Act or the Fund Trust Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Trust Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the FundTrust's shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund Trust shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the FundTrust's shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by InsurerFSLIC. The Distributor and the Fund Trust will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 1 contract

Samples: Participation Agreement (Fs Variable Separate Account)

Notice of Certain Proceedings and Other Circumstances. (a) The Distributor or the Fund shall immediately promptly notify Insurer USL of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts Policies issued or to be issued by InsurerUSL. The Distributor and the Fund will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 1 contract

Samples: Participation Agreement (Usl Separate Account Usl Vl-R)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall immediately inm1ediately notify Insurer of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's ’s registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's ’s shares, or (iv) any other action or circumstances that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's ’s shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by Insurer. Distributor and the Fund will make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 1 contract

Samples: Participation Agreement (Allstate Life of New York Variable Life Separate Account A)

Notice of Certain Proceedings and Other Circumstances. (a) Distributor or the Fund shall immediately notify Insurer of (i) the issuance by any court or regulatory body of any stop order, cease and desist order, or other similar order with respect to the Fund's ’s registration statement under the 1933 Act or the Fund Prospectus, (ii) any request by the SEC for any amendment to such registration statement or Fund Prospectus, (iii) the initiation of any proceedings for that purpose or for any other purpose relating to the registration or offering of the Fund's ’s shares, or (iv) any other action or circumstances legal proceeding that may prevent the lawful offer or sale of Fund shares in any state or jurisdiction, including, without limitation, any circumstances in which (x) the Fund's ’s shares are not registered and, in all material respects, issued and sold in accordance with applicable state and federal law or (y) such law precludes the use of such shares as an underlying investment medium of the Contracts issued or to be issued by Insurer. Distributor and the Fund will 11 make every reasonable effort to prevent the issuance of any such stop order, cease and desist order or similar order and, if any such order is issued, to obtain the lifting thereof at the earliest possible time.

Appears in 1 contract

Samples: Participation Agreement (National Variable Life Insurance Account)

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