PROSPECTUS AND PROXY STATEMENTS. 3.1 TRUST shall prepare and be responsible for filing with the SEC and any state regulators requiring such filing all shareholder reports, notices, proxy materials (or similar materials such as voting instruction solicitation materials), prospectuses and statements of additional information of TRUST. TRUST shall bear the costs of registration and qualification of shares of the Portfolios, preparation and filing of the documents listed in this Section 3.1 and all taxes and filing fees to which an issuer is subject on the issuance and transfer of its shares.
3.2 TRUST or its designee shall provide LIFE COMPANY, free of charge, with as many copies of the current prospectus (or prospectuses), statements of additional information, annual and semi-annual reports and proxy statements for the shares of the Portfolios as LIFE COMPANY may reasonably request for distribution to existing Variable Contract owners whose Variable Contracts are funded by such shares. TRUST or its designee shall provide LIFE COMPANY, at LIFE COMPANY's expense, with as many copies of the current prospectus (or prospectuses) for the shares as LIFE COMPANY may reasonably request for distribution to prospective purchasers of Variable Contracts. If requested by LIFE COMPANY, TRUST or its designee shall provide such documentation (including a "camera ready" copy of the current prospectus (or prospectuses) as set in type or, at the request of LIFE COMPANY, as a diskette in the form sent to the financial printer) and other assistance as is reasonably necessary in order for the parties hereto once a year (or more frequently if the prospectus (or prospectuses) for the shares is supplemented or amended) to have the prospectus for the Variable Contracts and the prospectus (or prospectuses) for the TRUST shares printed together in one document. The expenses of such printing will be apportioned between LIFE COMPANY and TRUST in proportion to the number of pages of the Variable Contract and TRUST prospectus, taking account of other relevant factors affecting the expense of printing, such as covers, columns, graphs and charts; TRUST shall bear the cost of printing the TRUST prospectus portion of such document for distribution only to owners of existing Variable Contracts funded by the TRUST shares and LIFE COMPANY shall bear the expense of printing the portion of such documents relating to the Separate Account; provided, however, LIFE COMPANY shall bear all printing expenses of such combined documents whe...
PROSPECTUS AND PROXY STATEMENTS. TRUST shall prepare and be responsible for filing with the SEC and any state regulators requiring such filing all shareholder reports, notices, proxy materials (or similar materials such as voting instruction solicitation materials), prospectuses and statements of additional information of TRUST. TRUST shall bear the costs of registration and qualification of shares of the Portfolios, preparation and filing of the documents listed in this Section 3.1 and all taxes and filing fees to which an issuer is subject on the issuance and transfer of its shares.
PROSPECTUS AND PROXY STATEMENTS. 4.1 Fund shall prepare and be responsible for filing with the SEC and any state regulators requiring such filing all shareholder reports, notices, proxy materials (or similar materials such as voting instruction solicitation materials), prospectuses and statements of additional information of Fund.
4.2 At least annually, Fund or its designee shall provide the Company, free of charge, with as many copies of the current prospectus for the Shares of the Portfolios as the Company may reasonably request for distribution to existing Variable Contract owners whose Variable Contracts are funded by such Shares. Fund or its designee shall provide the Company, at the Company's expense, with as many more copies of the current prospectus for the Shares as the Company may reasonably request for distribution to prospective purchasers of Variable Contracts. If requested by the Company in lieu thereof, Fund or its designee shall provide such documentation in a mutually agreeable form and such other assistance as is reasonably necessary in order for the parties hereto once a year (or more frequently if the prospectus for the Shares is supplemented or amended) to have the prospectus for the Variable Contracts and the prospectus for the Fund Shares and any other fund shares offered as investments for the Variable Contracts printed together in one document, provided however that Company shall ensure that, except as expressly authorized in writing by Fund, no alterations, edits or changes whatsoever are made to prospectuses or other Fund documentation after such documentation has been furnished to Company or its designee, and Company shall assume liability for any and all alterations, errors or other changes that occur to such prospectuses or other Fund documentation after it has been furnished to Company or its designee. The Fund or its designee shall reimburse the Company for the pro-rata share of the printing costs (excluding any non-printing costs such as composition and document layout costs) in a manner to be agreed upon by the parties, but at a minimum for those pages that contain the prospectus for the Shares that the Company may reasonably print for distribution to existing Variable Contract owners whose Variable Contracts are funded by Fund Shares.
4.3 The Fund shall provide the Company with copies of the Fund's proxy statements, Fund reports to shareholders, and other Fund communications to shareholders in such quantity as the Company shall reasonably require for dis...
PROSPECTUS AND PROXY STATEMENTS. 3.1 TRUST shall prepare and be responsible for filing with the SEC and any state regulators requiring such filing all shareholder reports, notices, proxy materials (or similar materials such as voting instruction solicitation materials), prospectuses and statements of additional information of TRUST. TRUST shall bear the costs of registration and qualification of shares of the Portfolios, preparation and filing of the documents listed in this Section 3.1 and all taxes to which an issuer is subject on the issuance and transfer of its shares.
3.2 TRUST will bear the printing costs (or duplicating costs with respect to the statement of additional information) and mailing costs associated with the delivery of the following TRUST (or individual Portfolio) documents, and any supplements thereto, to existing Variable Contract owners of LIFE COMPANY:
(i) prospectuses and statements of additional information; (ii) annual and semi-annual reports; and (iii) proxy materials. LIFE COMPANY will submit any bills for printing, duplicating and/or mailing costs, relating to the TRUST documents described above, to TRUST for reimbursement by TRUST. LIFE COMPANY shall monitor such costs and shall use its best efforts to control these costs. LIFE COMPANY will provide TRUST on a semi-annual basis, or more frequently as reasonably requested by TRUST, with a current tabulation of the number of existing Variable Contract owners of LIFE COMPANY whose Variable Contract values are invested in TRUST. 5 This tabulation will be sent to TRUST in the form of a letter signed by a duly authorized officer of LIFE COMPANY attesting to the accuracy of the information contained in the letter. If requested by LIFE COMPANY, the TRUST shall provide such documentation (including a final copy of the TRUST's prospectus as set in type or in camera-ready copy) and other assistance as is reasonably necessary in order for LIFE COMPANY to print together in one document the current prospectus for the Variable Contracts issued by LIFE COMPANY and the current prospectus for the TRUST. Should LIFE COMPANY wish to print any of these documents in a format different from that provided by TRUST, LIFE COMPANY shall provide Trust with sixty (60) days' prior written notice and LIFE COMPANY shall bear the cost associated with any format change. 3.3 TRUST will provide, at its expense, LIFE COMPANY with the following TRUST (or individual Portfolio) documents, and any supplements thereto, with respect to prospective Vari...
PROSPECTUS AND PROXY STATEMENTS. Voting
3.1 The FUND will provide such documentation (including a final copy of any new prospectus, statement of additional information ("SAI"), or supplement) and other assistance as is reasonably necessary in order for AAL or its designee to timely distribute the current FUND prospectus, SAI and any supplement thereto, or, in the alternative, to have the prospectus of the ACCOUNT for the Certificates and the FUND's prospectus printed together in one document once each year (or more frequently if the prospectus for the FUND is amended) (such printing to be at the FUND's expense, as provided in Section 5.1).
3.2 The FUND will provide such documentation (including a final copy of any proxy material, report to shareholders, and other communication to shareholders) and other assistance as is reasonably necessary for AAL or its designee to timely distribute the proxy material, report to shareholders, and other communication (such printing and distribution to be at AAL's expense, as provided in Section 5.2).
3.3 If, and to the extent required by law, AAL shall, at AAL's expense, as provided in Section 5.2:
(a) solicit voting instructions from Certificate owners;
(b) vote Portfolio shares in accordance with instructions received from Certificate owners;
(c) vote Portfolio shares for which no instructions have been received, as well as Portfolio shares attributable to AAL other than under Certificates, in the same proportion as shares of such Portfolio for which instructions have been received, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges. AAL reserves the right to vote Portfolio shares held in any segregated asset account or in its general account in its own right, to the extent permitted by law.
3.4 The FUND reserves the right to take all actions, including but not limited to the dissolution, merger, and sale of all assets of the FUND solely upon the authorization of its Board.
PROSPECTUS AND PROXY STATEMENTS. 3.1 TRUST shall prepare and be responsible for filing with the SEC and any state regulators requiring such filing all shareholder reports, notices, proxy materials (or similar materials such as voting instruction solicitation materials), prospectuses and statements of additional information of TRUST. TRUST shall bear the costs of registration and qualification of shares of the Portfolios, preparation and filing of the documents listed in this Section 3.1 and all taxes to which an issuer is subject on the issuance and transfer of its shares.
3.2 TRUST will bear the printing costs (or duplicating costs with respect to the statement of additional information) and mailing costs associated with the delivery of the following TRUST (or individual Portfolio) documents, and any supplements thereto, to existing Variable Contract owners of LIFE COMPANY (regardless of whether such documents are printed together with, or separate from, the documents for other trusts in the Variable Contracts):
(i) prospectuses and statements of additional information;
(ii) annual and semi-annual reports; and
(iii) proxy materials (including, but not limited to, the proxy cards, notice and statement, as well as the costs associated with tabulating votes). LIFE COMPANY will submit any bills for printing, duplicating and/or mailing costs, relating to the TRUST documents described above, to TRUST for reimbursement by TRUST. LIFE COMPANY shall monitor such costs and shall use its best efforts to control these
PROSPECTUS AND PROXY STATEMENTS. 3.1. The Trust shall prepare and file with the SEC and any state regulators requiring such filing all shareholder reports, notices, proxy materials (or similar materials such as voting instruction solicitation materials), prospectuses and statements of additional information of the Trust.
3.2. The Trust will bear the printing costs and mailing costs associated with the delivery of the following Trust (or individual Fund) documents, and any supplements thereto, to existing Variable Contract owners of the Life Company who are invested in the Trust:
(i) Prospectuses and statements of additional information;
(ii) Annual and semi-annual reports; and
(iii) Proxy materials (including, but not limited to, the proxy cards, notice and statement, as well as the costs associated with tabulating votes). The Life Company will submit any bills for printing, duplicating and/or mailing costs, relating to the Trust documents described above, to the Trust for reimbursement by the Trust. The Life Company shall monitor such costs and shall use its best efforts to control these costs. Upon request, the Life Company will provide the Trust on a semi-annual basis, or more frequently as reasonably requested by the Trust, with a current tabulation of the number of existing Variable Contract owners of the Life Company whose Variable Contract values are invested in each Fund. This tabulation will be sent to the Trust in the form of a letter signed by a duly authorized officer of the Life Company attesting to the accuracy of the information contained in the letter. If requested by the Life Company, the Trust shall provide such documentation (including a final copy of the Trust’s prospectus as set in type or in camera-ready copy) and other assistance as is reasonably necessary in order for the Life Company to print together in one document the current prospectus for the Variable Contracts issued by the Life Company and the current prospectus for the Trust. Should the Life Company wish to print any of these documents in a format different from that provided by the Trust, Life Company shall provide the Trust with sixty (60) days’ prior written notice and the Life Company shall bear the cost associated with any format change.
3.3. The Trust will provide, at its expense, the Life Company with the following Trust (or individual Fund) documents, and any supplements thereto, with respect to prospective Variable Contract owners of the Life Company:
(i) The current prospectus suitable for printi...
PROSPECTUS AND PROXY STATEMENTS. VOTING
3.1 The FUND will provide the PLAN administrator or its delegate with current FUND prospectus, statement of additional information and any supplement thereto in a manner so as to allow the PLAN administrator or its delegate to timely distribute the current FUND prospectus, SAI and any supplement thereto, to each current and prospective PLAN participant.
3.2 The FUND will provide a final copy of any proxy material, report to shareholders, and other communication to shareholders to the PLAN administrator or its delegate in a timely manner.
3.3 The FUND reserves the right to take all actions, including but not limited to the dissolution, merger, and sale of all assets of the FUND solely upon the authorization of its Board and/or shareholders as required by the 0000 Xxx.
3.4 The PLAN will vote Portfolio shares in accordance with the terms of the PLAN documents.
PROSPECTUS AND PROXY STATEMENTS. 3.1 The Fund shall prepare and be responsible for filing with the SEC and any state regulators requiring such filing all shareholder reports, notices, proxy materials (or similar materials such as voting instruction solicitation materials), prospectuses and statements of additional information of the Fund. The Fund shall bear the costs of registration and qualification of shares of the Portfolios, preparation and filing of the documents listed in this Section 3.1 and all taxes and filing fees to which an issuer is subject on the issuance and transfer of its shares.
3.2 The Fund or its designee shall provide the Life Company with copies in pdf format of the current prospectus, prospectus supplements, statement of additional information, Fund proxy materials and annual and semi-annual reports for the shares of the Portfolio's which are invested in by the Variable Contracts. The Life Company shall bear the costs of printing (if necessary) and distributing proxy materials (or similar materials such as voting solicitation instructions), prospectuses, prospectus supplements, statements of additional information and annual and semi-annual reports to Variable Contract owners in accordance with applicable federal and state securities laws.
3.3 The Fund will provide the Life Company with at least one complete copy of all prospectuses, statements of additional information, annual and semi-annual reports, proxy statements, exemptive applications and all amendments or supplements to any of the above that relate to the Portfolios promptly after the filing of each such document with the SEC or other regulatory authority. The Life Company will provide the Fund with at least one complete copy of all prospectuses, statements of additional information, annual and semi-annual reports, proxy statements, exemptive applications and all amendments or supplements to any of the above that relate to a Separate Account promptly after the filing of each such document with the SEC or other regulatory authority.
PROSPECTUS AND PROXY STATEMENTS. 3.1 Trust shall prepare and be responsible for filing with the SEC and any state regulators requiring such filing all shareholder reports, notices, proxy materials (or similar materials such as voting instruction solicitation materials), prospectuses and statements of additional information of Trust. Trust shall bear the costs of registration and qualification of shares of the Portfolios, preparation and filing of the documents listed in this Section 3.1 and all taxes and filing fees to which an issuer is subject on the issuance and transfer of its shares.
3.2 At least annually, Trust or its designee shall provide Life Company with the current prospectus, statement of additional information and any supplements thereto for the shares of the Portfolios listed on Schedule A, in the form of "camera ready" copy as set in type or, at the request of Life Company, as a diskette in the form sent to the financial printer. Trust shall be responsible for providing the prospectus and/or statement of additional information in the format (i.e., "camera ready" or diskette) in which it is accustomed to formatting prospectuses and/or statements of additional information and shall bear the expense of providing the prospectus and/or statement of additional information, and any supplements thereto, in such format (e.g. typesetting expenses), and Life Company shall bear the expense of adjusting or changing the format to conform with any of its prospectuses and/or statements of additional information. At Life Company's option and expense, once a year (or more frequently if the prospectus and/or statement of additional information for the shares is supplemented or amended), Life Company may cause Trust's prospectus and/or statement of additional information to be printed separately and/or together in one document with the prospectus and/or statement of additional information for other investment companies and/or for the Variable Contracts. Life Company shall be responsible for the costs of printing Trust's prospectus and/or statement of additional information, either separately or in combination as aforesaid, and of distribution to existing Variable Contract owners ("Owners") whose Variable Contracts are funded by such shares and to prospective purchasers of Variable Contracts.
