Pricing Information; Orders; Settlement. (a) Each Fund will make shares available to be purchased by the Company, and will accept redemption orders from the Company, on behalf of each Account at the net asset value applicable to each order on those days on which the Fund calculates its net asset value (a "Business Day"). Fund shares shall be purchased and redeemed in such quantity and at such times as determined by the Company to be necessary to meet the requirements of those Contracts for which the Fund serves as underlying investment media, provided, however, that the Board of Directors of the Fund (hereinafter the "Directors") may, upon reasonable notice to the Company, refuse to sell shares of any Fund to any person, or suspend or terminate the offering of shares of any Fund if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors acting in good faith and in light of their fiduciary duties under federal and/or any applicable state laws, necessary in the best interests of the shareholders of such Fund. (b) Each Fund will provide to the Company closing net asset value, dividend and capital gain information at the close of trading each day that the New York Stock Exchange (the "Exchange") is open (each such day a "Business Day"), and in no event later than 6:30 p.m. eastern time on such Business Day. The Company will send via facsimile or electronic transmission to each Fund or its specified agent orders to purchase and/or redeem Fund shares by 9:30 a.m. eastern time the following business day. Payment for net purchases will be wired by the Company to an account designated by the Fund. (c) Each Fund hereby appoints the Company as its agent for the limited purpose of accepting purchase and redemption orders for Fund shares relating to the Contracts from Contract owners or participants. Orders from Contract owners or participants received from any distributor of the Contracts (including affiliates of the Company) by the Company, acting as agent for the Fund, prior to the close of the Exchange on any given business day will be executed by the Fund at the net asset value determined as of the close of the Exchange on such Business Day, provided that the Fund receives written (or facsimile) notice of such order by 9:30 a.m. eastern time on the next following Business Day. Any orders received by the Company acting as agent on such day but after the close of the Exchange will be executed by the Fund at the net asset value determined as of the close of the Exchange on the next business day following the day of receipt of such order, provided that the Fund receives written (or facsimile) notice of such order by 9:30 a.m. eastern time within two days following the day of receipt of such order. (d) Payments for net redemptions of shares of a Fund will be wired by the Fund to an account designated by the Company. Payments for net purchases of the Fund will be wired by the Company to an account designated by the Fund on the same Business Day the Company places an order to purchase Fund shares. Payments shall be in federal funds transmitted by wire. (e) Each party has the right to rely on information or confirmations provided by the other party (or by any affiliate of the other party), and shall not be liable in the event that an error is a result of any misinformation supplied by the other party. The Company shall assume responsibility as herein described for any loss to a Fund caused by a cancellation or correction made to an Instruction by a Plan Representative or Participant subsequent to the date as of which such Instruction has been received by the Company and originally relayed to Aeltus, and the Company will immediately pay such loss to such Fund upon the Company's receipt of written notification, with supporting data. Aeltus shall indemnify and hold the Company harmless, from the effective date of this Agreement, against any amount the Company is required to pay to Plans, Plan Representatives, or Participants due to: (i) an incorrect calculation of a Fund's daily net asset value, dividend rate, or capital gains distribution rate or (ii) incorrect or unreasonably late reporting of the daily net asset value deemed material in accordance with the Fund's error correction policy, dividend rate, or capital gain distribution rate, upon written notification by the Company, with supporting data, to Aeltus. (f) The Company agrees to purchase and redeem the shares of the Funds named in this Agreement or in Schedule B hereof in accordance with the provisions of each Fund's then-current prospectus and statement of additional information. The Company shall not permit any person other than a Contract owner or Participant to give instructions to the Company which would require the Company to redeem or exchange shares of a Fund. This provision shall not be construed to prohibit the Company from substituting shares of another fund, as permitted by law.
Appears in 12 contracts
Samples: Fund Participation Agreement (Variable Annuity Account B of Aetna Life Ins & Annuity Co), Fund Participation Agreement (Variable Annuity Account I of Aetna Insurance Co of America), Fund Participation Agreement (Ing Strategic Allocation Portfolios Inc)
Pricing Information; Orders; Settlement. (a) Each The Fund will make Fund shares available to be purchased by the CompanyING, and will accept redemption orders from the CompanyING, on behalf of each Account at the net asset value applicable to each order on those days on which the Fund calculates its net asset value (a "Business Day"). Fund shares shall be purchased and redeemed in such quantity and at such times as time determined by the Company ING to be necessary to meet the requirements of those Contracts for which the Fund serves serve as underlying investment media, provided, however, that the Board of Directors Trustees of the Fund (hereinafter the "DirectorsTrustees") may, may upon reasonable notice to the CompanyING, refuse to sell shares of any Fund Portfolio to any person, or suspend or terminate the offering of shares of any Fund Portfolio if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors Trustees, acting in good faith and in light of their fiduciary duties under federal and/or any applicable state laws, necessary in the best interests of the shareholders of such Fundany Portfolio and is acting in compliance with their fiduciary obligations under federal and/or any applicable state laws.
(b) Each The Fund will provide to the Company ING closing net asset value, dividend and capital gain information at the close of trading each day that the New York Stock Exchange (the "Exchange") " is open (each such day a "Business Day"), and in no event later than 6:30 p.m. eastern East Coast time on such Business Day. The Company ING will send via facsimile or electronic transmission to each the Fund or its specified agent orders to purchase and/or redeem Fund shares by 9:30 9:00 a.m. eastern time East Coast Time the following business day. Payment for net purchases will be wired by the Company ING to an account designated by the Fund to coincide with the order for shares of the Fund.
(c) Each . The Fund hereby appoints the Company ING as its agent for the limited purpose of accepting purchase and redemption orders for Fund shares relating to the Contracts from Contract owners or participants. Orders from Contract owners or participants received from any distributor of the Contracts (including affiliates of the CompanyING) by the CompanyING, acting as agent for the Fund, prior to the close of the Exchange on any given business day will be executed by the Fund at the net asset value determined as of the close of the Exchange on such Business Day, provided that the Fund receives written (or facsimile) notice of such order by 9:30 9 a.m. eastern time East Coast Time on the next following Business Day. Any orders received by the Company ING acting as agent on such day but after the close of the Exchange will be executed by the Fund at the net asset value determined as of the close of the Exchange on the next business day following the day of receipt of such order, provided that the Fund receives written (or facsimile) notice of such order by 9:30 9 a.m. eastern time East Coast Time within two days following the day of receipt of such order.
(d) . Payments for net redemptions of shares of a the Fund will be wired by the Fund to an account designated by the Company. Payments ING, and payments for net purchases of the Fund will be wired by the Company ING to an account designated by the Fund Fund. Payments for net redemptions and net purchases will be made on the same Business Day as the Company places an order to purchase or redeem Fund shares. Payments shall be in federal funds transmitted by wire.
(e) Each party has the right to rely on information or confirmations provided by the other party (or by any affiliate of the other party), and shall not be liable in the event that an error is a result of any misinformation supplied by the other party. The Company shall assume responsibility as herein described for any loss to a Fund caused by a cancellation or correction made to an Instruction by a Plan Representative or Participant subsequent to the date as of which such Instruction has been received by the Company and originally relayed to Aeltus, and the Company will immediately pay such loss to such Fund upon the Company's receipt of written notification, with supporting data. Aeltus shall indemnify and hold the Company harmless, from the effective date of this Agreement, against any amount the Company is required to pay to Plans, Plan Representatives, or Participants due to: (i) an incorrect calculation of a Fund's daily net asset value, dividend rate, or capital gains distribution rate or (ii) incorrect or unreasonably late reporting of the daily net asset value deemed material in accordance with the Fund's error correction policy, dividend rate, or capital gain distribution rate, upon written notification by the Company, with supporting data, to Aeltus.
(f) The Company agrees to purchase and redeem the shares of the Funds named in this Agreement or in Schedule B hereof in accordance with the provisions of each Fund's then-current prospectus and statement of additional information. The Company shall not permit any person other than a Contract owner or Participant to give instructions to the Company which would require the Company to redeem or exchange shares of a Fund. This provision shall not be construed to prohibit the Company from substituting shares of another fund, as permitted by law.
Appears in 6 contracts
Samples: Fund Participation Agreement (Variable Annuity Account B of Ing Life Ins & Annuity Co), Fund Participation Agreement (Separate Account N of Reliastar Life), Fund Participation Agreement (Variable Annuity Account I of Ing Insurance Co of America)
Pricing Information; Orders; Settlement. (a) Each Fund will make shares available to be purchased by the Company, and will accept redemption orders from the Company, on behalf of each Account at the net asset value applicable to each order on those days on which the Fund calculates its net asset value (a "Business Day"). Fund shares shall be purchased and redeemed in such quantity and at such times as determined by the Company to be necessary to meet the requirements of those Contracts for which the Fund serves as underlying investment media, provided, however, that the Board of Directors of the Fund (hereinafter the "Directors") may, upon reasonable notice to the Company, refuse to sell shares of any Fund to any person, or suspend or terminate the offering of shares of any Fund if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors acting in good faith and in light of their fiduciary duties under federal and/or any applicable state laws, necessary in the best interests of the shareholders of such Fund.
(b) Each Fund will provide to the Company closing net asset value, dividend and capital gain information at the close of trading each day that the New York Stock Exchange (the "Exchange") is open (each such day a "Business Day"), and in no event later than 6:30 p.m. eastern time on such Business Day. The Company will send via facsimile or electronic transmission to each Fund or its specified agent orders to purchase and/or redeem Fund shares by 9:30 a.m. eastern time the following business day. Payment for net purchases will be wired by the Company to an account designated by the Fund.
(c) Each Fund hereby appoints the Company as its agent for the limited purpose of accepting purchase and redemption orders for Fund shares relating to the Contracts from Contract owners or participantsowners. Orders from Contract owners or participants received by the Company, acting as agent for the Fund, from any distributor of the Contracts (including affiliates of the Company) by the Company, acting as agent for the Fund), prior to the close of the Exchange on any given business day will be executed by the Fund at the net asset value determined as of the close of the Exchange on such Business Day, provided that the Fund receives written (or facsimile) notice of such order by 9:30 a.m. eastern time on the next following Business Day. Any orders received by the Company acting as agent on such day but after the close of the Exchange will be executed by the Fund at the net asset value determined as of the close of the Exchange on the next business day following the day of receipt of such order, provided that the Fund receives written (or facsimile) notice of such order by 9:30 a.m. eastern time within two days following the day of receipt of such order.
(d) Payments for net redemptions of shares of a Fund will be wired by the Fund to an account designated by the Company. Payments for net purchases of the Fund will be wired by the Company to an account designated by the Fund on the same Business Day the Company places an order to purchase Fund shares. Payments shall be in federal funds transmitted by wire.
(e) Each party has the right to rely on information or confirmations provided by the other party (or by any affiliate of the other party), and shall not be liable in the event that an error is a result of any misinformation supplied by the other party. The Company shall assume responsibility as herein described for any loss to a Fund caused by a cancellation or correction made to an Instruction by a Plan Representative Contract owner or Participant person authorized to act on his or her behalf subsequent to the date as of which such Instruction has been received by the Company and originally relayed to Aeltus, and the Company will immediately pay such loss to such Fund upon the Company's receipt of written notification, with supporting data. Aeltus shall indemnify and hold the Company harmless, from the effective date of this Agreement, against any amount the Company is required to pay to Plans, Plan Representatives, or Participants a Contract owner due to: (i) an incorrect calculation of a Fund's daily net asset value, dividend rate, or capital gains distribution rate or (ii) incorrect or unreasonably late reporting of the daily net asset value deemed material in accordance with the Fund's error correction policy, dividend rate, or capital gain distribution rate, upon written notification by the Company, with supporting data, to Aeltus.
(f) The Company agrees to purchase and redeem the shares of the Funds named in this Agreement or in Schedule B hereof in accordance with the provisions of each Fund's then-current prospectus and statement of additional information. The Company shall not permit any person other than a Contract owner or Participant person authorized to act on his or her behalf to give instructions to the Company which would require the Company to redeem or exchange shares of a Fund. This provision shall not be construed to prohibit the Company from substituting shares of another fund, as permitted by law.
(g) The Funds and the Company agree to provide pricing information, execute orders and wire payments for purchases and redemptions of Fund shares as set forth in this Section 2 until such time as they mutually agree to utilize the National Securities Clearing Corporation ("NSCC"). Upon such mutual agreement, the Funds and the Company agree to provide pricing information, execute orders and wire payments for purchases and redemptions of Fund shares through NSCC and its subsidiary systems as set forth in Schedule C.
Appears in 4 contracts
Samples: Fund Participation Agreement (Reliastar Life Ins Co of New York Var Life Sep Acct I), Fund Participation Agreement (Reliastar Select Life Variable Account), Fund Participation Agreement (Reliastar Life Ins Co of New York Var Life Sep Acct I)
Pricing Information; Orders; Settlement. (a) Each Fund will make shares available to be purchased by the Company, and will accept redemption orders from the Company, on behalf of each Account at the net asset value applicable to each order on those days on which the Fund calculates its net asset value (a "“Business Day"”). Fund shares shall be purchased and redeemed in such quantity and at such times as determined by the Company to be necessary to meet the requirements of those Contracts Policies for which the Fund serves as underlying investment media, provided, however, that the Board of Directors of the Fund (hereinafter the "“Directors"”) may, upon reasonable notice to the Company, refuse to sell shares of any Fund to any person, or suspend or terminate the offering of shares of any Fund if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors acting in good faith and in light of their fiduciary duties under federal and/or any applicable state laws, necessary in the best interests of the shareholders of such Fund.
(b) Each Fund will provide to the Company closing net asset value, dividend and capital gain information at the close of trading each day that the New York Stock Exchange Exchange
1 Effective May 1, 2002, Aetna Income Shares will change its name to ING Income Shares. 2 Effective May 1, 2002, Aetna Variable Portfolios, Inc. will change its name to ING Variable Portfolios, Inc. (the "“Exchange"”) is open (each such day a "“Business Day"”), and in no event later than 6:30 p.m. eastern time on such Business Day. The Company will send via facsimile or electronic transmission to each Fund or its specified agent orders to purchase and/or redeem Fund shares by 9:30 a.m. eastern time the following business day. Payment for net purchases will be wired by the Company to an account designated by the Fund.
(c) Each Fund hereby appoints the Company as its agent for the limited purpose of accepting purchase and redemption orders for Fund shares relating to the Contracts Policies from Contract owners or participantsPolicy owners. Orders from Contract Policy owners or participants received from any distributor of the Contracts (including affiliates of the Company) by the Company, acting as agent for the Fund, from any distributor of the Policies (including affiliates of the Company), prior to the close of the Exchange on any given business day will be executed by the Fund at the net asset value determined as of the close of the Exchange on such Business Day, provided that the Fund receives written (or facsimile) notice of such order by 9:30 a.m. eastern time on the next following Business Day. Any orders received by the Company acting as agent on such day but after the close of the Exchange will be executed by the Fund at the net asset value determined as of the close of the Exchange on the next business day following the day of receipt of such order, provided that the Fund receives written (or facsimile) notice of such order by 9:30 a.m. eastern time within two days following the day of receipt of such order.
(d) Payments for net redemptions of shares of a Fund will be wired by the Fund to an account designated by the Company. Payments for net purchases of the Fund will be wired by the Company to an account designated by the Fund on the same Business Day the Company places an order to purchase Fund shares. Payments shall be in federal funds transmitted by wire.
(e) Each party has the right to rely on information or confirmations provided by the other party (or by any affiliate of the other party), and shall not be liable in the event that an error is a result of any misinformation supplied by the other party. The Company shall assume responsibility as herein described for any loss to a Fund caused by a cancellation or correction made to an Instruction instruction by a Plan Representative Policy owner or Participant person authorized to act on his or her behalf subsequent to the date as of which such Instruction instruction has been received by the Company and originally relayed to Aeltus, and the Company will immediately pay such loss to such Fund upon the Company's ’s receipt of written notification, with supporting data. Aeltus shall indemnify and hold the Company harmless, from the effective date of this Agreement, against any amount the Company is required to pay to Plans, Plan Representatives, or Participants a Policy owner due to: (i) an incorrect calculation of a Fund's ’s daily net asset value, dividend rate, or capital gains distribution rate or (ii) incorrect or unreasonably late reporting of the daily net asset value deemed material in accordance with the Fund's ’s error correction policy, dividend rate, or capital gain distribution rate, upon written notification by the Company, with supporting data, to Aeltus.
(f) The Company agrees to purchase and redeem the shares of the Funds named in this Agreement or in Schedule B hereof in accordance with the provisions of each Fund's ’s then-current prospectus and statement of additional information. The Company shall not permit any person other than a Contract Policy owner or Participant person authorized to act on his or her behalf to give instructions to the Company which would require the Company to redeem or exchange shares of a Fund. This provision shall not be construed to prohibit the Company from substituting shares of another fund, as permitted by law.
Appears in 2 contracts
Samples: Fund Participation Agreement (Southland Separate Account L1), Fund Participation Agreement (Security Life Separate Account L1)
Pricing Information; Orders; Settlement. (a) Each The Fund will make Fund shares available to be purchased by the CompanyING, and will accept redemption orders from the CompanyING, on behalf of each Account at the net asset value applicable to each order on those days on which the Fund calculates its net asset value (a "Business Day"). Fund shares shall be purchased and redeemed in such quantity and at such times as time determined by the Company ING to be necessary to meet the requirements of those Contracts for which the Fund serves serve as underlying investment media, provided, however, that the Board of Directors Trustees of the Fund (hereinafter the "DirectorsTrustees") may, may upon reasonable notice to the CompanyING, refuse to sell shares of any Fund Portfolio to any person, or suspend or terminate the offering of shares of any Fund Portfolio if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors Trustees, acting in good faith and in light of their fiduciary duties under federal and/or any applicable state laws, necessary in the best interests of the shareholders of such Fundany Portfolio and is acting in compliance with their fiduciary obligations under federal and/or any applicable state laws.
(b) Each The Fund will provide to the Company ING closing net asset value, dividend and capital gain information at the close of trading each day that the New York Stock Exchange (the "Exchange") is open (each such day a "Business Day"), and in no event later than 6:30 p.m. eastern East Coast time on such Business Day. The Company ING will send via facsimile or electronic transmission to each the Fund or its specified agent orders to purchase and/or redeem Fund shares by 9:30 9:00 a.m. eastern time East Coast Time the following business day. Payment for net purchases will be wired by the Company ING to an account designated by the Fund to coincide with the order for shares of the Fund.
(c) Each The Fund hereby appoints the Company ING as its agent for the limited purpose of accepting purchase and redemption orders for Fund shares relating to the Contracts from Contract owners or participants. Orders from Contract owners or participants received from any distributor of the Contracts (including affiliates of the CompanyING) by the CompanyING, acting as agent for the Fund, prior to the close of the Exchange on any given business day will be executed by the Fund at the net asset value determined as of the close of the Exchange on such Business Day, provided that the Fund receives written (or facsimile) notice of such order by 9:30 9 a.m. eastern time East Coast Time on the next following Business Day. Any orders received by the Company ING acting as agent on such day but after the close of the Exchange will be executed by the Fund at the net asset value determined as of the close of the Exchange on the next business day following the day of receipt of such order, provided that the Fund receives written (or facsimile) notice of such order by 9:30 9 a.m. eastern time East Coast Time within two days following the day of receipt of such order.
(d) Payments for net redemptions of shares of a the Fund will be wired by the Fund to an account designated by the Company. Payments ING, and payments for net purchases of the Fund will be wired by the Company ING to an account designated by the Fund Fund. Payments for net redemptions and net purchases will be made on the same Business Day as the Company places an order to purchase or redeem Fund shares. Payments shall be in federal funds transmitted by wire.
(e) In lieu of applicable provisions set forth in paragraphs 2(a) through 2(d) above, the parties may agree to provide pricing information, execute orders and wire payments for purchases and redemptions through National Securities Clearing Corporation's Fund/SERV system in which case such activities will be governed by the provisions set forth in Exhibit I to this Agreement.
(f) Each party has the right to rely on information or confirmations provided by the other party (or by any affiliate of the other party), and shall not be liable in the event that an error is a result of any misinformation supplied by the other party. The Company shall assume responsibility as herein described for any loss to a Fund caused by a cancellation or correction made to an Instruction by a Plan Representative or Participant subsequent to the date as of which such Instruction has been received by the Company and originally relayed to Aeltus, and the Company will immediately pay such loss to such Fund upon the Company's receipt of written notification, with supporting data. Aeltus shall indemnify and hold the Company harmless, from the effective date of this Agreement, against any amount the Company is required to pay to Plans, Plan Representatives, or Participants due to: (i) an incorrect calculation of a Fund's daily net asset value, dividend rate, or capital gains distribution rate or (ii) incorrect or unreasonably late reporting of the daily net asset value deemed material in accordance with the Fund's error correction policy, dividend rate, or capital gain distribution rate, upon written notification by the Company, with supporting data, to Aeltus.
(fg) The Company ING agrees to purchase and redeem the shares of the Funds Portfolios named in this Agreement or in Schedule B hereof offered by the then current prospectus and statement of additional information of the Fund in accordance with the provisions of each Fund's then-current such prospectus and statement of additional information. The Company ING shall not permit any person other than a Contract owner or Participant to give instructions to the Company ING which would require the Company ING to redeem or exchange shares of a the Fund. This provision shall not be construed to prohibit the Company ING from substituting shares of another fund, as permitted by law.
Appears in 2 contracts
Samples: Fund Participation Agreement (Variable Annuity Acct C of Ing Life Insurance & Annuity Co), Fund Participation Agreement (Variable Annuity Acct C of Ing Life Insurance & Annuity Co)
Pricing Information; Orders; Settlement. (a) Each The Fund will make Fund shares available to be purchased by the Company, and will accept redemption orders from the Company, on behalf of each Account at the net asset value applicable to each order on those days on which the Fund calculates its net asset value (a "Business Day"). Fund shares shall be purchased and redeemed in such quantity and at such times as time determined by the Company to be necessary to meet the requirements of those Contracts for which the Fund serves serve as underlying investment media, provided, however, that the Board of Directors of the Fund (hereinafter the "Directors") may, may upon reasonable notice to the Company, refuse to sell shares of any Fund Portfolio to any person, or suspend or terminate the offering of shares of any Fund Portfolio if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors Directors, acting in good faith and in light of their fiduciary duties under federal and/or any applicable state laws, necessary in the best interests of the shareholders of such Fundany Portfolio and is acting in compliance with their fiduciary obligations under federal and/or any applicable state laws.
(b) Each The Fund will provide to the Company closing net asset value, dividend and capital gain information at the close of trading each day that the New York Stock Exchange (the "Exchange") is open (each such day a "Business Day"), and in no event later than 6:30 7:00 p.m. eastern time Eastern Standard Time on such Business Day. The Company will send via facsimile or electronic transmission to each the Fund or its specified agent orders to purchase and/or redeem Fund shares by 9:30 10:00 a.m. eastern time Eastern Standard Time the following business day. Payment for net purchases will be wired by the Company to an account designated by the Fund to coincide with the order for shares of the Fund.
(c) Each The Fund hereby appoints the Company as its agent for the limited purpose of accepting purchase and redemption orders for Fund shares relating to the Contracts from Contract owners or participants. Orders from Contract owners owners, participants or participants beneficiaries received from any distributor of the Contracts (including affiliates of the Company) by the Company, acting as agent for the Fund, prior to the close of the Exchange on any given business day will be executed by the Fund at the net asset value determined as of the close of the Exchange on such Business Day, provided that the Fund receives written (or facsimile) notice of such order by 9:30 10 a.m. eastern time Eastern Standard Time on the next following Business Day. Any orders received by the Company acting as agent on such day but after the close of the Exchange will be executed by the Fund at the net asset value determined as of the close of the Exchange on the next business day following the day of receipt of such order, provided that the Fund receives written (or facsimile) notice of such order by 9:30 10 a.m. eastern time Eastern Standard Time within two days following the day of receipt of such order.
(d) Payments for net redemptions of shares of a the Fund will be wired by the Fund to an account designated by the Company. Payments for net purchases of the Fund will be wired by the Company to an account designated by the Fund on the same Business Day the Company places an order to purchase Fund shares. Payments shall be in federal funds transmitted by wire.
(e) Each party has the right to rely on information or confirmations provided by the other party (or by any affiliate of the other party), and shall not be liable in the event that an error is a result of any misinformation supplied by the other party. The Company shall assume responsibility as herein described for any loss to a Fund caused by a cancellation or correction made to an Instruction by a Plan Representative or Participant subsequent to the date as of which such Instruction has been received by the Company and originally relayed to Aeltus, and the Company will immediately pay such loss to such Fund upon the Company's receipt of written notification, with supporting data. Aeltus shall indemnify and hold the Company harmless, from the effective date of this Agreement, against any amount the Company is required to pay to Plans, Plan Representatives, or Participants due to: (i) an incorrect calculation of a Fund's daily net asset value, dividend rate, or capital gains distribution rate or (ii) incorrect or unreasonably late reporting of the daily net asset value deemed material in accordance with the Fund's error correction policy, dividend rate, or capital gain distribution rate, upon written notification by the Company, with supporting data, to Aeltus.
(f) The Company agrees to purchase and redeem the shares of the Funds Portfolios named in this Agreement or in Schedule B hereof offered by the then current prospectus and statement of additional information of the Fund in accordance with the provisions of each Fund's then-current such prospectus and statement of additional information. The Company shall not permit any person other than a Contract owner owner, participant or Participant beneficiary to give instructions to the Company which would require the Company to redeem or exchange shares of a the Fund. This provision shall not be construed to prohibit the Company from substituting shares of another fund, as permitted by law.
Appears in 1 contract
Samples: Fund Participation Agreement (Variable Annuity Account I of Aetna Insurance Co of America)
Pricing Information; Orders; Settlement. (a) Each The Fund will make Fund shares available to be purchased by the Company, and will accept redemption orders from the Company, on behalf of each Account at the net asset value applicable to each order on those days on which the Fund calculates its net asset value (a "Business Day"). Fund shares shall be purchased and redeemed in such quantity and at such times as time determined by the Company to be necessary to meet the requirements of those Contracts for which the Fund serves Fund(s) serve as underlying investment media, provided, however, that the Board of Directors of the Fund (hereinafter the "Directors") may, may upon reasonable notice to the Company, refuse to sell shares of any Fund Portfolio to any person, or suspend or terminate the offering of shares of any Fund Portfolio if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors Directors, acting in good faith and in light of their fiduciary duties under federal and/or any applicable state laws, necessary in the best interests of the shareholders of such Fundany Portfolio and is acting in compliance with their fiduciary obligations under federal and/or any applicable state laws.
(b) Each The Fund will provide to the Company closing net asset value, dividend and capital gain information at the close of trading each day that the New York Stock Exchange (the "Exchange") is open (each such day a "Business Day"), and in no event later than 6:30 7:00 p.m. eastern Eastern Standard time on such Business Day. The Company will send via facsimile or electronic transmission to each Fund or its specified agent orders to purchase and/or redeem Fund shares by 9:30 a.m. eastern time the following business day. Payment for net purchases will be wired by the Company to an account designated by the Fund.
(c) Each The Fund hereby appoints the Company as its agent for the limited purpose of accepting purchase and redemption orders for Fund shares relating to the Contracts from Contract owners or participants. Orders from Contract owners or participants received from any distributor of the Contracts (including affiliates of the Company) by the Company, acting as agent for the Fund, prior to the close of the Exchange on any given business day will be executed by the Fund at the net asset value determined as of the close of the Exchange on such Business Day, provided that the Fund receives written (or facsimile) notice of such order by 9:30 10 a.m. eastern time Eastern Standard Time on the next following Business Day. Any orders received by the Company acting as agent on such day but after the close of the Exchange will be executed by the Fund at the net asset value determined as of the close of the Exchange on the next business day following the day of receipt of such order, provided that the Fund receives written (or facsimile) notice of such order by 9:30 10 a.m. eastern time Eastern Standard Time within two days following the day of receipt of such order.
(d) Payments for net redemptions of shares of a the Fund will be wired by the Fund to an account designated by the CompanyCompany on the same Business Day the Company places an order to redeem Fund Shares. Payments for net purchases of the Fund will be wired by the Company to an account designated by the Fund on the same Business Day the Company places an order to purchase Fund shares. Payments shall be in federal funds transmitted by wire.
(e) In lieu of applicable provisions set forth in paragraphs 2(a) through 2(d) above, the parties may agree to provide pricing information, execute orders and wire payments for purchases and redemptions through National Securities Clearing Corporation's Fund/SERV system in which case such activities will be governed by the provisions set forth in Exhibit 3 to this Agreement.
(f) Each party has the right to rely on information or confirmations provided by the other party (or by any affiliate of the other party), and shall not be liable in the event that an error is a result of any misinformation supplied by the other party. .
(g) The Company shall assume responsibility as herein described for any loss to a Fund caused by a cancellation or correction made to an Instruction by a Plan Representative or Participant subsequent to the date as of which such Instruction has been received by the Company and originally relayed to Aeltus, and the Company will immediately pay such loss to such Fund upon the Company's receipt of written notification, with supporting data. Aeltus Party shall indemnify and hold the Company harmless, from the effective date of this Agreement, against any amount the Company is required to pay to Plans, Plan Representatives, Contract owners or Participants participants due to: (i) an a materially (according to the Fund's materiality standards) incorrect calculation of a Fund's daily net asset value, dividend rate, or capital gains distribution rate or (ii) incorrect or unreasonably late reporting reporting, within the control of Fund Party, of the daily net asset value deemed material in accordance with the Fund's error correction policyvalue, dividend rate, or capital gain distribution raterate of a Fund, upon written notification by the Company, with supporting data, to Aeltusthe Fund Party. In addition, the Fund Party shall be liable to the Company for systems and out of pocket costs incurred by the Company in making a Contract owner's or a participant's account whole, if such costs or expenses are a result of the Fund Party's failure to provide timely or correct net asset values, dividend and capital gains or financial information and if such information is not corrected by 4:00 p.m. East Coast time of the next business day after releasing such incorrect information provided the incorrect NAV as well as the correct NAV for each day that the error occurred is provided. If a mistake is caused in supplying such information or confirmations, which results in a reconciliation with incorrect information, the amount required to make a Contract owner's or a participant's account whole shall be borne by the party providing the incorrect information, regardless of when the error is corrected. The following limits shall apply to the collective liabilities of Fund Party for systems and out of pocket costs incurred by the Company if such costs or expenses are a result of the Fund Party's failure to provide the Company with correct or timely information: (i) $1000 per day for each day that incorrect information provided by the Fund Party is not corrected, if such period does not include a month-end or a fiscal quarter-end, (ii) $1500 per day for each day that such information provided by the Fund Party is not corrected, if such period does include a month-end or fiscal quarter-end, and (iii) up to $50,000 per occurrence in the aggregate under (i) or (ii) above. Any incorrect information that has as a common nexus any single error shall be deemed to be one occurrence for these purposes provided all corrections are provided at the same time.
(fh) The Company agrees to purchase and redeem the shares of the Funds named in this Agreement or in Schedule B hereof offered by the then current prospectus and statement of additional information of the Fund in accordance with the provisions of each Fund's then-current such prospectus and statement of additional information. The Company shall not permit any person other than a Contract owner or Participant to give instructions to the Company which would require the Company to redeem or exchange shares of a Fund. This provision shall not be construed to prohibit the Company from substituting shares of another fund, as permitted by law.
Appears in 1 contract
Samples: Fund Participation Agreement (Variable Annuity Acct C of Ing Life Insurance & Annuity Co)
Pricing Information; Orders; Settlement. (a) Each The Fund will make Fund shares available to be purchased by the Company, and will accept redemption orders from the Company, on behalf of each Account at the net asset value applicable to each order on those days on which the Fund calculates its net asset value (a "Business Day"). Fund shares shall be purchased and redeemed in such quantity and at such times as time determined by the Company to be necessary to meet the requirements of those Contracts for which the Fund serves as underlying investment media, provided, however, that the Board of Directors of the Fund (hereinafter the "Directors") may, may upon reasonable notice to the Company, refuse to sell shares of any Fund Portfolio to any person, or suspend or terminate the offering of shares of any Fund Portfolio if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors Directors, acting in good faith and in light of their fiduciary duties under federal and/or any applicable state laws, necessary in the best interests of the shareholders of such Fundany Portfolio and is acting in compliance with their fiduciary obligations under federal and/or any applicable state laws.
(b) Each The Fund will provide to the Company closing net asset value, dividend and capital gain information at the close of trading each day that the New York Stock Exchange (the "Exchange") is open (each such day a "Business Day"), and in no event later than 6:30 7:00 p.m. eastern time Eastern Standard Time on such Business Day. The Company will send via facsimile or electronic transmission to each the Fund or its specified agent orders to purchase and/or redeem Fund shares by 9:30 10:00 a.m. eastern time Eastern Standard Time the following business day. Payment for net purchases will be wired by the Company to an account designated by the Fund to coincide with the order for shares of the Fund.
(c) Each The Fund hereby appoints the Company as its agent for the limited purpose of accepting purchase and redemption orders for Fund shares relating to the Contracts from Contract owners or participants. Orders from Contract owners owners, participants or participants beneficiaries received from any distributor of the Contracts (including affiliates of the Company) by the Company, acting as agent for the Fund, prior to the close of the Exchange on any given business day will be executed by the Fund at the net asset value determined as of the close of the Exchange on such Business Day, provided that the Fund receives written (or facsimile) notice of such order by 9:30 10 a.m. eastern time Eastern Standard Time on the next following Business Day. Any orders received by the Company acting as agent on such day but after the close of the Exchange will be executed by the Fund at the net asset value determined as of the close of the Exchange on the next business day following the day of receipt of such order, provided that the Fund receives written (or facsimile) notice of such order by 9:30 a.m. eastern time by
10 a. m. Eastern Standard Time within two days following the day of receipt of such order.
(d) Payments for net redemptions of shares of a the Fund will be wired by the Fund to an account designated by the Company. Payments for net purchases of the Fund will be wired by the Company to an account designated by the Fund on the same Business Day the Company places an order to purchase Fund shares. Payments shall be in federal funds transmitted by wire.
(e) Each party has the right to rely on information or confirmations provided by the other party (or by any affiliate of the other party), and shall not be liable in the event that an error is a result of any misinformation supplied by the other party. The Company shall assume responsibility as herein described for any loss to a Fund caused by a cancellation or correction made to an Instruction by a Plan Representative or Participant subsequent to the date as of which such Instruction has been received by the Company and originally relayed to Aeltus, and the Company will immediately pay such loss to such Fund upon the Company's receipt of written notification, with supporting data. Aeltus shall indemnify and hold the Company harmless, from the effective date of this Agreement, against any amount the Company is required to pay to Plans, Plan Representatives, or Participants due to: (i) an incorrect calculation of a Fund's daily net asset value, dividend rate, or capital gains distribution rate or (ii) incorrect or unreasonably late reporting of the daily net asset value deemed material in accordance with the Fund's error correction policy, dividend rate, or capital gain distribution rate, upon written notification by the Company, with supporting data, to Aeltus.
(f) The Company agrees to purchase and redeem the shares of the Funds Portfolios named in this Agreement or in Schedule B hereof offered by the then current prospectus and statement of additional information of the Fund in accordance with the provisions of each Fund's then-current such prospectus and statement of additional information. The Company shall not permit any person other than a Contract owner owner, participant or Participant beneficiary to give instructions to the Company which would require the Company to redeem or exchange shares of a the Fund. This provision shall not be construed to prohibit the Company from substituting shares of another fund, as permitted by law.
Appears in 1 contract
Samples: Fund Participation Agreement (Variable Annuity Account I of Aetna Insurance Co of America)
Pricing Information; Orders; Settlement. (a) Each The Fund will make shares of each Series available to be purchased by the Company, and will accept redemption orders from the Company, on behalf of each Account at the net asset value applicable to each order on those days on which the Fund Series calculates its net asset value (a "Business Day"). Fund Series shares shall be purchased and redeemed in such quantity and at such times as determined by the Company to be necessary to meet the requirements of those Contracts for which the Fund serves Series serve as underlying investment media, provided, however, that the Board of Directors of the Fund (hereinafter the "Directors") may, upon reasonable notice to the Company, refuse to sell shares of any Fund Series to any person, or suspend or terminate the offering of shares of any Fund Series if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors acting in good faith and in light of their fiduciary duties under federal and/or any applicable state laws, necessary in the best interests of the shareholders of such FundSeries.
(b) Each The Fund will provide to the Company closing net asset value, dividend and capital gain information at the close of trading each day that the New York Stock Exchange (the "Exchange") is open (each such day a "Business Day"), and in no event later than 6:30 7:00 p.m. eastern time on such Business Day. The Company will send via facsimile or electronic transmission to each the Fund or its specified agent orders to purchase and/or redeem Fund shares by 9:30 10:00 a.m. eastern time the following business day. Payment for net purchases will be wired by the Company to an account designated by the FundFund to coincide with the order for shares of a Series.
(c) Each The Fund hereby appoints the Company as its agent for the limited purpose of accepting purchase and redemption orders for Fund Series shares relating to the Contracts from Contract owners or participants. Orders from Contract owners or participants received from any distributor of the Contracts (including affiliates of the Company) by the Company, acting as agent for the Fund, prior to the close of the Exchange on any given business day will be executed by the Fund at the net asset value determined as of the close of the Exchange on such Business Day, provided that the Fund receives written (or facsimile) notice of such order by 9:30 10 a.m. eastern time on the next following Business Day. Any orders received by the Company acting as agent on such day but after the close of the Exchange will be executed by the Fund at the net asset value determined as of the close of the Exchange on the next business day following the day of receipt of such order, provided that the Fund receives written (or facsimile) notice of such order by 9:30 10 a.m. eastern time within two days following the day of receipt of such order.
(d) Payments for net redemptions of shares of a Fund Series will be wired by the Fund to an account designated by the Company. Payments for net purchases of the Fund will be wired by the Company to an account designated by the Fund on the same Business Day the Company places an order to purchase Fund shares. Payments shall be in federal funds transmitted by wire.
(e) Each party has the right to rely on information or confirmations provided by the other party (or by any affiliate of the other party), and shall not be liable in the event that an error is a result of any misinformation supplied by the other party. The Company ALIAC shall assume responsibility as herein described for any loss to a Fund Series caused by a cancellation or correction made to an Instruction by a Plan Representative or Participant subsequent to the date as of which such Instruction has been received by the Company ALIAC and originally relayed to Aeltus, and the Company ALIAC will immediately pay such loss to such Fund Series upon the CompanyALIAC's receipt of written notification, with supporting data. Aeltus shall indemnify and hold the Company ALIAC harmless, from the effective date of this Agreement, against any amount the Company ALIAC is required to pay to Plans, Plan Representatives, or Participants due to: (i) an incorrect calculation of a Fund's Series' daily net asset value, dividend rate, or capital gains distribution rate or (ii) incorrect or unreasonably late reporting of the daily net asset value deemed material in accordance with the Fund's error correction policyvalue, dividend rate, or capital gain distribution raterate of a Series, upon written notification by the CompanyALIAC, with supporting data, to Aeltus.
(f) The Company agrees to purchase and redeem the shares of the Funds Series named in this Agreement or in Schedule B A hereof offered by the then-current prospectus and statement of additional information of the Fund in accordance with the provisions of each Fund's then-current such prospectus and statement of additional information. The Company shall not permit any person other than a Contract owner or Participant to give instructions to the Company which would require the Company to redeem or exchange shares of a FundSeries. This provision shall not be construed to prohibit the Company from substituting shares of another fund, as permitted by law.
Appears in 1 contract
Samples: Fund Participation Agreement (Variable Annuity Acct C of Ing Life Insurance & Annuity Co)
Pricing Information; Orders; Settlement. (a) Each The Fund will make Fund shares available to be purchased by the Company, and will accept redemption orders from the Company, on behalf of each Account at the net asset value applicable to each order on those days on which the Fund calculates its net asset value (a "Business Day"). Fund shares shall be purchased and redeemed in such quantity and at such times as time determined by the Company to be necessary to meet the requirements of those Contracts for which the Fund serves serve as underlying investment media, provided, however, that the Board of Directors of the Fund (hereinafter the "Directors") may, may upon reasonable notice to the Company, refuse to sell shares of any Fund Portfolio to any person, or suspend or terminate the offering of shares of any Fund Portfolio if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors Directors, acting in good faith and in light of their fiduciary duties under federal and/or any applicable state laws, necessary in the best interests of the shareholders of such Fundany Portfolio and is acting in compliance with their fiduciary obligations under federal and/or any applicable state laws.
(b) Each The Fund will provide to the Company closing net asset value, dividend and capital gain information at the close of trading each day that the New York Stock Exchange (the "Exchange") is open (each such day a "Business Day"), and in no event later than 6:30 7:00 p.m. eastern time Eastern Standard Time on such Business Day. The Company will send via facsimile or electronic transmission to each the Fund or its specified agent orders to purchase and/or redeem Fund shares by 9:30 10:00 a.m. eastern time Eastern Standard Time the following business day. Payment for net purchases will be wired by the Company to an account designated by the Fund to coincide with the order for shares of the Fund.
(c) Each The Fund hereby appoints the Company as its agent for the limited purpose of accepting purchase and redemption orders for Fund shares relating to the Contracts from Contract owners or participants. Orders from Contract owners owners, participants or participants beneficiaries received from any distributor of the Contracts (including affiliates of the Company) by the Company, acting as agent for the Fund, prior to the close of the Exchange on any given business day will be executed by the Fund at the net asset value determined as of the close of the Exchange on such Business Day, provided that the Fund receives written (or facsimile) notice of such order by 9:30 10 a.m. eastern time Eastern Standard Time on the next following Business Day. Any orders received by the Company acting as agent on such day but after the close of the Exchange will be executed by the Fund at the net asset value determined as of the close of the Exchange on the next business day following the day of receipt of such order, provided that the Fund receives written (or facsimile) notice of such order by 9:30 a.m. eastern time by
10 a. m. Eastern Standard Time within two days following the day of receipt of such order.
(d) Payments for net redemptions of shares of a the Fund will be wired by the Fund to an account designated by the Company. Payments for net purchases of the Fund will be wired by the Company to an account designated by the Fund on the same Business Day the Company places an order to purchase Fund shares. Payments shall be in federal funds transmitted by wire.
(e) Each party has the right to rely on information or confirmations provided by the other party (or by any affiliate of the other party), and shall not be liable in the event that an error is a result of any misinformation supplied by the other party. The Company shall assume responsibility as herein described for any loss to a Fund caused by a cancellation or correction made to an Instruction by a Plan Representative or Participant subsequent to the date as of which such Instruction has been received by the Company and originally relayed to Aeltus, and the Company will immediately pay such loss to such Fund upon the Company's receipt of written notification, with supporting data. Aeltus shall indemnify and hold the Company harmless, from the effective date of this Agreement, against any amount the Company is required to pay to Plans, Plan Representatives, or Participants due to: (i) an incorrect calculation of a Fund's daily net asset value, dividend rate, or capital gains distribution rate or (ii) incorrect or unreasonably late reporting of the daily net asset value deemed material in accordance with the Fund's error correction policy, dividend rate, or capital gain distribution rate, upon written notification by the Company, with supporting data, to Aeltus.
(f) The Company agrees to purchase and redeem the shares of the Funds Portfolios named in this Agreement or in Schedule B hereof offered by the then current prospectus and statement of additional information of the Fund in accordance with the provisions of each Fund's then-current such prospectus and statement of additional information. The Company shall not permit any person other than a Contract owner owner, participant or Participant beneficiary to give instructions to the Company which would require the Company to redeem or exchange shares of a the Fund. This provision shall not be construed to prohibit the Company from substituting shares of another fund, as permitted by law.
Appears in 1 contract
Samples: Fund Participation Agreement (Variable Annuity Acct C of Aetna Life Insurance & Annuity Co)