Potential Conflicts. 8.1. If required under the Shared Funding Exemptive Order, the Board will monitor the Trust for the existence of any material irreconcilable conflict between the interests of the Contract owners of all Accounts investing in the Trust. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract owners; or (f) a decision by a Participating Insurance Company to disregard the voting instructions of contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 30 contracts
Samples: Fund Participation Agreement (Horace Mann Life Insurance Co Separate Account), Fund Participation Agreement (Protective NY COLI VUL), Fund Participation Agreement (Protective COLI VUL)
Potential Conflicts. 8.15.1. If required under The Board of Trustees of the Shared Funding Exemptive Order, Fund (the Board "Board") will monitor the Trust Fund for the existence of any material irreconcilable conflict between the interests of the Contract owners of all Accounts separate accounts investing in the TrustFund. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by participating insurance companies or by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract Contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 14 contracts
Samples: Life Insurance Company (Protective Variable Annuity Separate Account), Participation Agreement (Keyport Variable Account a/Ma), Participation Agreement (Annuity Investors Variable Account C)
Potential Conflicts. 8.17.1. If required under The Board of Trustees of the Shared Funding Exemptive Order, Fund (the Board "Board") will monitor the Trust Fund for the existence of any material irreconcilable conflict between the interests of the Contract contract owners of all Accounts separate accounts investing in the TrustFund. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 11 contracts
Samples: Participation Agreement (Nationwide VL Separate Account-G), Agreement (Metropolitan Life Separate Account E), Participation Agreement (Life of Virginia Separate Account Ii)
Potential Conflicts. 8.1. If required under The Board of Trustees of the Shared Funding Exemptive Order, the Board Trust will monitor the Trust Funds for the existence of any material irreconcilable conflict between the interests of the Contract owners of all Accounts separate accounts investing in the TrustFunds. An A material irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; : (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio Fund are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company to disregard the voting instructions of contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 9 contracts
Samples: Fund Participation Agreement (Wilshire Variable Insurance Trust), Fund Participation Agreement (Lincoln New York Account N for Variable Annuities), Fund Participation Agreement (Lincoln Life Variable Annuity Account N)
Potential Conflicts. 8.17.1. If required under the Shared Funding Exemptive Order, the The Board will monitor the Trust for the existence of any material irreconcilable conflict between the interests of the Contract owners contractowners of all Accounts variable annuity and variable life insurance separate accounts and Qualified Plan participants investing in the Trust. An A material irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Designated Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract ownersof Variable Contracts; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract ownersowners of Variable contracts. The Board shall promptly inform the Company MONY if it determines that an a material irreconcilable material conflict exists and the implications thereof.
Appears in 8 contracts
Samples: Participation Agreement (Eq Advisors Trust), Participation Agreement (Eq Advisors Trust), Participation Agreement (Axa Premier Vip Trust)
Potential Conflicts. 8.15.1. If required under The Board of Trustees of the Shared Funding Exemptive Order, Fund (the Board "Board") will monitor the Trust Fund for the existence of any material irreconcilable conflict between the interests of the Contract owners of all Accounts separate accounts investing in the TrustFund. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract Contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 7 contracts
Samples: Participation Agreement (Life Investors Variable Life Account A), Participation Agreement (First Metlife Investors Variable Annuity Account One), Participation Agreement (Acl Variable Annuity Account 2)
Potential Conflicts. 8.17.1. If required under the Shared Funding Exemptive Order, the The Board will monitor the Trust for the existence of any material irreconcilable conflict between the interests of the Contract owners contractowners of all Accounts variable annuity and variable life insurance separate accounts investing in the Trust. An A material irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; or (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; or (c) an administrative or judicial decision in any relevant proceeding; or (d) the manner in which the investments of any Designated Portfolio are being managed; or (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract ownersof Variable Contracts; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract ownersowners of Variable Contracts. The Board shall promptly inform the Company Equitable if it determines that an a material irreconcilable material conflict exists and the implications thereof.
Appears in 5 contracts
Samples: Participation Agreement (Separate Acct No 49 of the Equit Life Assu Soci of the U S), Participation Agreement (Eq Advisors Trust), Participation Agreement (Axa Premier Vip Trust)
Potential Conflicts. 8.1. If required under 7.1 The Board of Directors of the Shared Funding Exemptive Order, Fund (the Board "Board") will monitor the Trust Fund for the existence of any material irreconcilable conflict between the interests of the Contract contract owners of all Accounts separate accounts investing in the TrustFund. An irreconcilable material conflict may arise for a variety of reasons, including: ; (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 4 contracts
Samples: Participation Agreement (Ameritas Life Insurance Corp Separate Account LLVL), Participation Agreement (Ameritas Variable Separate Account V), Participation Agreement (Ameritas Variable Life Insurance Co Separate Account V)
Potential Conflicts. 8.1. If required under the Shared Funding Exemptive Order, the Board will monitor the Trust for the existence of any material irreconcilable conflict between the interests of the Contract contract owners of all Accounts separate accounts investing in the Trust. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company to disregard the voting instructions of contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 4 contracts
Samples: Fund Participation Agreement (Variable Annuity Account A), Fund Participation Agreement (SBL Variable Annuity Account Xiv), Fund Participation Agreement (Variable Annuity Account A)
Potential Conflicts. 8.14.1. If required under The Board of Trustees of the Shared Funding Exemptive Order, Fund (the Board "Board") will monitor the Trust Fund for the existence of any material irreconcilable conflict between the interests of the Contract owners of all Accounts separate accounts investing in the TrustFund. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract Contract owners. The Board shall promptly inform the Company Companies if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 3 contracts
Samples: Participation Agreement (Massachusetts Mutual Variable Life Separate Account I), Participation Agreement (Massachusetts Mutual Variable Life Separate Account I), Participation Agreement (MML Bay State Variable Life Separate Account I)
Potential Conflicts. 8.15.1. If required under The Board of Trustees of the Shared Funding Exemptive Order, Fund (the Board “Board”) will monitor the Trust Fund for the existence of any material irreconcilable conflict between the interests of the Contract owners of all Accounts separate accounts investing in the TrustFund. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by participating insurance companies or by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract Contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 3 contracts
Samples: Participation Agreement (Lincoln Benefit Life Variable Life Account), Participation Agreement (Mony America Variable Account A), Fund Participation Agreement (Separate Account Va Qny)
Potential Conflicts. 8.14.1. If required under The Board of Directors of the Shared Funding Exemptive Order, Fund (the Board "Board") will monitor the Trust Fund for the existence of any material irreconcilable conflict between the interests of the Contract owners of all Accounts separate accounts investing in the TrustFund. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract Contract owners. The Board shall promptly inform the Company Companies if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 2 contracts
Samples: Participation Agreement (MML Bay State Variable Life Separate Account I), Agreement (Massachusetts Mutual Variable Life Separate Account I)
Potential Conflicts. 8.15.1. If required under The Board of Directors of the Shared Funding Exemptive Order, Fund (the Board "Board") will monitor the Trust Fund for the existence of any material irreconcilable conflict between the interests of the Contract owners of all Accounts separate accounts investing in the TrustFund. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by participating insurance companies or by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract Contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 2 contracts
Samples: Participation Agreement (Variable Annuity Account), Participation Agreement (Lincoln Benefit Life Variable Annuity Account)
Potential Conflicts. 8.17.1. If required under the Shared Funding Exemptive Order, the Board will monitor the Trust for the existence of any material irreconcilable conflict between the interests of the Contract owners of all Accounts investing in the Trust. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract owners; or (f) a decision by a Participating Insurance Company to disregard the voting instructions of contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 2 contracts
Samples: Fund Participation Agreement (Delaware Life Variable Account F), Fund Participation Agreement (Sun Life of Canada (US) Variable Account K)
Potential Conflicts. 8.15.1. If required under The Board of Directors of the Shared Funding Exemptive Order, Fund (the Board “Board”) will monitor the Trust Fund for the existence of any material irreconcilable conflict between the interests of the Contract owners of all Accounts separate accounts investing in the TrustFund. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by participating insurance companies or by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract Contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 2 contracts
Samples: Participation Agreement (Lincoln Benefit Life Variable Life Account), Participation Agreement (Lincoln Benefit Life Variable Life Account)
Potential Conflicts. 8.1. If required under 7.1 The Board of Trustees of the Shared Funding Exemptive Order, Trust (the Board "Board") will monitor the Trust for the existence of any material irreconcilable conflict between the interests of the Contract contract owners of all Accounts separate accounts investing in the Trust. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio Fund are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 2 contracts
Samples: Participation Agreement (Life & Annuity Trust), Participation Agreement (American Skandia Life Assur Corp Var Acct B Cl 1 Sub Accts)
Potential Conflicts. 8.1. If required under 7.1 The Board of Trustees of the Shared Funding Exemptive Order, Trust (hereinafter the Board “Board”) will monitor the Trust for the existence of any material irreconcilable conflict between among the interests of the Contract contract owners of all Accounts separate accounts investing in the Trust. An A material irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company to disregard the voting instructions of contract owners. The Board shall promptly inform the Company if it determines that an a material irreconcilable material conflict exists and the implications thereof. The Board shall have sole authority to determine whether a material irreconcilable conflict exists, and its determination shall be binding upon the Company.
Appears in 1 contract
Samples: Participation Agreement (SEPARATE ACCOUNT EQ OF VENERABLE INSURANCE & ANNUITY Co)
Potential Conflicts. 8.1. If required under the Shared Funding Exemptive Order7.1 Subject to Section 7.2 of this Agreement, the Board will monitor the Trust Fund for the existence of any irreconcilable material irreconcilable conflict between among the interests of the Contract contract owners of all Accounts separate accounts investing in the TrustFund. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by Participating Insurance Companies or by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract owners. The Board shall will promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof. A majority of the Board will consist of persons who are not “interested” persons of the Fund.
Appears in 1 contract
Samples: Participation Agreement (Variable Annuity Account A)
Potential Conflicts. 8.14.1. If required under The Board of Trustees of the Shared Funding Exemptive Order, Fund (the Board "Board") will monitor the Trust Fund for the existence of any material irreconcilable conflict between the interests of the Contract owners of all Accounts separate accounts investing in the TrustFund. An irreconcilable material conflict may arise for a variety of reasons, . including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action noaction or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract Contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 1 contract
Samples: Participation Agreement (Ameritas Variable Separate Account V)
Potential Conflicts. 8.17.1. If required under The Board of Trustees of the Shared Funding Exemptive Order, Fund (the Board “Board”) will monitor the Trust Fund for the existence of any material irreconcilable conflict between the interests of the Contract contract owners of all Accounts separate accounts investing in the TrustFund. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-no action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 1 contract
Samples: Participation Agreement (Nationwide VL Separate Account-G)
Potential Conflicts. 8.15.1. If required under The Board of Trustees of the Shared Funding Exemptive Order, Fund (the Board "Board") will monitor the Trust Fund for the existence of any material irreconcilable conflict between the interests of the Contract owners of all Accounts separate accounts investing in the TrustFund. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract Contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 1 contract
Samples: Participation Agreement (American Enterprise Variable Annuity Account)
Potential Conflicts. 8.17.1. If required under The Board of Trustees of the Shared Funding Exemptive Order, the Board Fund ("Board") will monitor the Trust Fund for the existence of any material irreconcilable conflict between the interests of the Contract variable annuity contract owners of all Accounts and the variable life insurance policy owners investing in the TrustFund. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract policy owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract Contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 1 contract
Samples: Participation Agreement (Victory Variable Insurance Funds)
Potential Conflicts. 8.1. If required under the Shared Funding Exemptive Order, the Board will monitor the Trust for the existence of any material irreconcilable conflict between the interests of the Contract owners of all Accounts investing in the Trust. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract owners; or (f) a decision by a Participating Insurance In surance Company to disregard the voting instructions of contract owners. The Board shall promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 1 contract
Samples: Fund Participation Agreement (Jpmorgan Insurance Trust)
Potential Conflicts. 8.14.1. If required under the Shared Funding Exemptive OrderSubject to Section 4.2 of this Agreement, the Fund Board will monitor the Trust Fund for the existence of any irreconcilable material irreconcilable conflict between among the interests of the Contract contract owners of all Accounts separate accounts investing in the TrustFund. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by Participating Insurance Companies or by variable annuity contract owners and variable life insurance Contract contract owners; or (f) a decision by a Participating Insurance Company an insurer to disregard the voting instructions of contract owners. The Fund Board shall will promptly inform the Company if it determines that an irreconcilable material conflict exists and the implications thereof. A majority of the Fund Board will consist of persons who are not "interested" persons of the Fund.
Appears in 1 contract
Samples: Participation Agreement (American Enterprise Variable Annuity Account)
Potential Conflicts. 8.1. If required under the Shared Funding Exemptive Order, the Board will monitor the Trust for the existence of any material irreconcilable conflict between the interests of the Contract owners of all Accounts investing in the Trust. An irreconcilable material conflict may arise for a variety of reasons, including: (a) an action by any state insurance regulatory authority; (b) a change in applicable federal or state insurance, tax, or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax, or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Portfolio are being managed; (e) a difference in voting instructions given by variable annuity contract owners and variable life insurance Contract owners; or (f) a decision by a Participating Insurance Company to disregard the voting instructions of contract owners. The Board shall promptly inform the Company Society if it determines that an irreconcilable material conflict exists and the implications thereof.
Appears in 1 contract
Samples: Fund Participation Agreement (Modern Woodmen of America Variable Annuity Account)