PROSPECTUS AND PROXY STATEMENTS; VOTING. 3.1. At least annually, the Trust or its designee shall provide the Company, free of charge, with as many copies of the current prospectus (describing only the Portfolios listed in Schedule A hereto) for the Shares as the Company may reasonably request for distribution to existing Policy owners whose Policies are funded by such Shares. The Trust or its designee shall provide the Company, at the Company's expense, with as many copies of the current prospectus for the Shares as the Company may reasonably request for distribution to prospective purchasers of Policies. If requested by the Company in lieu thereof, the Trust or its designee shall provide such documentation (including a "camera ready" copy of the new prospectus as set in type or, at the request of the 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 each year (or more frequently if the prospectus for the Shares is supplemented or amended) to have the prospectus for the Policies and the prospectus for the Shares printed together in one document; the expenses of such printing to be apportioned between (a) the Company and (b) the Trust or its designee in proportion to the number of pages of the Policy and Shares' prospectuses, taking account of other relevant factors affecting the expense of printing, such as covers, columns, graphs and charts; the Trust or its designee to bear the cost of printing the Shares' prospectus portion of such document for distribution to owners of existing Policies funded by the Shares and the Company to bear the expenses of printing the portion of such document relating to the Accounts; provided, however, that the Company shall bear all printing expenses of such combined documents where used for distribution to prospective purchasers or to owners of existing Policies not funded by the Shares. In the event that the Company requests that the Trust or its designee provides the Trust's prospectus in a "camera ready" or diskette format, the Trust shall be responsible for providing the prospectus in the format in which it or MFS is accustomed to formatting prospectuses and shall bear the expense of providing the prospectus in such format (e.g., typesetting expenses), and the Company shall bear the expense of adjusting or changing the format to conform with any of its prospectuses.
3.2. The prospectus for the Shares shall state that the statement of additional information for t...
PROSPECTUS AND PROXY STATEMENTS; VOTING. 4.1 The Fund will provide the Company with as many copies of the current Fund prospectus and any supplements thereto for the Designated Portfolio(s) as the Company may reasonably request for distribution, at the Fund's expense, to Contract owners at the time of Contract fulfillment and confirmation. To the extent that the Designated Portfolio(s) are one or more of several Portfolios of the Fund, the Fund shall bear the cost of providing the Company only with disclosure related to the Designated Portfolio(s). The Fund will provide, at the Fund's expense, as many copies of said prospectus as necessary for distribution, at the Fund's expense, to existing Contract owners. The Fund will provide the copies of said prospectus to the Company or to its mailing agent. The Company will distribute the prospectus to existing Contract owners and will xxxx the Fund for the reasonable cost of such distribution. If requested by the Company, in lieu thereof, the Fund will provide such documentation, including a final copy of a current prospectus set in type at the Fund's expense, and other assistance as is reasonably necessary in order for the Company at least annually (or more frequently if the Fund prospectus is amended more frequently) to have the new prospectus for the Contracts and the Fund's new prospectus printed together, in which case the Fund agrees to pay its proportionate share of reasonable expenses directly related to the required disclosure of information concerning the Fund. The Fund will, upon request, provide the Company with a copy of the Fund's prospectus through electronic means to facilitate the Company's efforts to provide Fund prospectuses via electronic delivery, in which case the Fund agrees to pay its proportionate share of reasonable expenses related to the required disclosure of information concerning the Fund.
4.2 The Fund's prospectus will state that the Statement of Additional Information (the "SAI") for the Fund is available from the Company. The Fund will provide the Company, at the Fund's expense, with as many copies of the SAI and any supplements thereto as the Company may reasonably request for distribution, at the Fund's expense, to prospective Contract owners and applicants. To the extent that the Designated Portfolio(s) are one or more of several Portfolios of the Fund, the Fund shall bear the cost of providing the Company only with disclosure related to the Designated Portfolio(s). The Fund will provide, at the Fund's expense, as man...
PROSPECTUS AND PROXY STATEMENTS; VOTING. 4.1. The Fund or the Distributor will provide the Company with as many copies of the current Fund prospectus and any supplements thereto for the Designated Portfolio(s) as the Company may reasonably request for distribution to Contract owners at the time of Contract fulfillment and confirmation. The Fund will also provide as many copies of said prospectus as necessary for distribution to existing Contract owners. The Fund will provide the copies of said prospectus to the Company or to its mailing agent for distribution. The Company will xxxx the Fund or the Distributor for the reasonable cost of such distribution. To the extent that the Designated Portfolio(s) are one or more of several Funds of the Fund, the Fund shall be obligated to provide the Company only with disclosure related to the Designated Portfolio(s). If requested by the Company, in lieu thereof, the Fund or the Distributor will provide such documentation, including a final copy of a current prospectus set in type or camera-ready or electronic format, and other assistance as is reasonably necessary in order for the Company at least annually (or more frequently if the Fund prospectus is amended more frequently) to have the new prospectus for the Contracts and the Fund's new prospectus printed together. The Fund or the Distributor will, upon request, provide the Company with a copy of the Fund's prospectus through electronic means to facilitate the Company's efforts to provide Fund prospectuses via electronic delivery.
4.2. The Fund's prospectus will state that a Statement of Additional Information ("SAI") for the Fund is available, and will disclose how investors may obtain the SAI.
4.3. The Fund, at its expense, will provide the Company or its mailing agent with copies of its proxy material, if any, with respect to the Designated Portfolios, reports to shareholders/Contract owners and other communications to shareholders/ Contract owners in such quantity as the Company will reasonably require. The Company will distribute this proxy material, reports and other communications to existing Contract owners.
4.4. If and to the extent required by law, the Company will:
(a) solicit voting instructions from Contract owners;
(b) vote the shares of the Designated Portfolios held in the Separate Account in accordance with instructions received from Contract owners; and
(c) vote shares of the Designated Portfolios held in the Separate Account for which no timely instructions have been received in the same...
PROSPECTUS AND PROXY STATEMENTS; VOTING. 3.1. The Fund or the Adviser, at its expense, shall provide a typewritten copy of the Fund's current prospectus and other assistance as is reasonably necessary in order for the Company once each year (or more frequently if the prospectus for the Fund is supplemented or amended) to have the prospectus for the Contracts and the Fund's prospectus printed together in one document. Upon request, the Adviser shall be permitted to review and approve the typeset form of the Fund's prospectus prior to such printing.
3.2. The Fund's prospectus shall state that the statement of additional information for the Fund is available from the Fund (or its transfer agent) and shall print and provide such Statement to the Company and to any owner of a Contract or prospective owner who requests such Statement at the Fund's expense.
3.3. The Fund or the Adviser, at its expense, shall provide the Company with a typewritten copy of the Fund's communications to shareholders for printing and distributing to Contract owners and with copies of the Fund's proxy material and semi-annual and annual reports to shareholders (or may, at the Fund or the Adviser's option, reimburse the Company for the pro rata cost of printing such reports) in such quantities as the Company shall reasonably require, for distributing to Contract owners at the Company's expense. Upon request, the Adviser shall be permitted to review and approve the typeset form of such proxy material, communications and shareholder reports prior to such printing.
3.4. If and to the extent required by law (or the Mixed and Shared Funding Exemptive Order) the Company shall:
(i) solicit voting instructions from Contract owners;
(ii) vote the Fund shares in accordance with instructions received from Contract owners or participants; and
(iii) vote Fund shares for which no instructions have been received in the same proportion as Fund shares of such Portfolio for which instructions have been received from the Company's Contract owners; so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable Contract owners. The Company reserves the right to vote Fund shares held in any Account in its own right, to the extent permitted by law.
3.5. The Fund will comply with all applicable provisions of the 1940 Act requiring voting by shareholders.
PROSPECTUS AND PROXY STATEMENTS; VOTING. 3.1. The Trust shall provide the Company (at the Trust's expense) with as many copies of the Trust's current prospectus as the Company may reasonably request. If requested by the Company in lieu thereof, the Trust shall provide such documentation (including a final "camera ready" copy of the new prospectus as set in type at the Trust's expense) and other assistance as is reasonably necessary in order for the Company once a year (or more frequently if the prospectus for the Trust is supplemented or amended) to have the prospectus for the Contracts and the Trust's prospectus printed together in one document (such printing to be at the Trust's expense).
3.2. The Trust's prospectus shall state that the Statement of Additional Information for the Trust is available from the Trust. The Trust, at its expense, shall print and provide such Statement free of charge to the Company and to any owner of a contract or prospective owner who requests such Statement.
3.3. The Trust, at its expense, shall provide the Company with copies of its proxy material, reports to stockholders and other communications to stockholders in such quantity as the Company shall reasonably require for distributing to Contract owners.
3.4. If and to the extent required by law (or the Mixed Funding Exemptive Order) the Company shall:
1. solicit voting instructions from contract owners;
PROSPECTUS AND PROXY STATEMENTS; VOTING. 4.1 The Fund will provide the Company with a current Fund prospectus and any supplements thereto for the Designated Portfolio(s) set in type at the Fund’s expense. The Fund will bear the cost of printing said prospectus for Contract owners at the time of Contract fulfillment and confirmation and for existing Contract owners. The Company will bear the cost of printing and distributing the prospectus and other shareholder reports for prospective contract owners and distributing the prospectus to Contract owners.
4.2 The Fund’s prospectus will state that the Statement of Additional Information (the “SAI”) for the Fund is available from the Company. The Fund will provide, at the Fund’s expense, as many copies of said SAI as necessary for distribution, to any existing Contract owner who requests such statement or whenever state or federal law requires that such statement be provided. The Fund will provide the copies of said SAI to the Company or to its mailing agent. If requested by the Company, in lieu thereof, the Fund will provide the current SAI set in type at the Fund’s expense. The Company will distribute the SAI as requested or required.
4.3 The Fund, at its expense, will provide the Company or its mailing agent with copies of its proxy material, if any, reports to shareholders/Contract owners and other permissible communications to shareholders/Contract owners in such quantity as the Company will reasonably require. The Company will distribute this proxy material, reports and other communications to existing Contract owners and will xxxx the Fund for the reasonable cost of such distribution.
4.4 If and to the extent required by law, the Company will:
(a) solicit voting instructions from Contract owners;
(b) vote the shares of the Designated Portfolios held in the Account in accordance with instructions received from Contract owners; and
(c) vote shares of the Designated Portfolios held in the Account for which no timely instructions have been received, in the same proportion as shares of such Designated Portfolio for which instructions have been received from the Company’s Contract owners, so long as and to the extent that the Commission continues to interpret the 1940 Act to require pass-through voting privileges for Contract owners. The Company reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law. The Company will be responsible for assuring that the Accounts participating in the ...
PROSPECTUS AND PROXY STATEMENTS; VOTING. 3.1. At least annually, the Fund or the Manager shall provide the Company, free of charge, with as many copies of the Fund's current prospectus as the Company may reasonably request for distribution to both existing Policy owners and prospective purchasers. If requested by the Company in lieu thereof, the Fund shall provide such documentation (including a final "camera ready" copy of the new prospectus as set in type at the Fund's expense) and other assistance as is reasonably necessary in order for the parties hereto once each year (or more frequently if the prospectus for the Fund is supplemented or amended) to have the prospectus for the Policies and the Fund's prospectus printed together in one document; the expenses of such printing to be apportioned between (a) the Company, and (b) the Fund or the Manager, in proportion to the number of pages of the Policy and Fund Prospectuses, taking account of other relevant factors affecting the expense of printing, such as columns, charts, etc.; the Fund or the Manager to bear the cost of printing the Fund's portion of such document, and the Company to bear the expenses of printing the Account's portion of such document.
3.2. The Fund's prospectus shall state that the Statement of Additional Information for the Fund is available from the Fund (or a specified affiliate). The Fund or an affiliate, at its expense, shall print and provide such Statement free of charge to the Company and to any owner of a Policy or prospective purchaser who requests such Statement.
3.3. The Fund, at its expense, shall provide the Company with copies of its proxy material, reports to shareholders and other communications to shareholders in such quantity as the Company shall reasonably require for distributing to Policy owners.
3.4. If and to the extent required by law, the Company shall:
(i) solicit voting instructions from Policy owners;
(ii) vote the Fund shares in accordance with instructions received from Policy owners; and
(iii) vote Fund shares for which no instructions have been received in the same proportion as Fund shares of such Portfolio for which instructions have been received; so long as and to the extent that the Securities and Exchange Commission continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. The Company reserves the right to vote Fund shares held in the Account in its own right, to the extent permitted by law.
3.5. The process of soliciting Policy owners' v...
PROSPECTUS AND PROXY STATEMENTS; VOTING. 3.1 FUND will provide COMPANY camera ready copy of the current FUND prospectus, and any supplements thereto for printing by COMPANY. FUND will provide COMPANY a copy of the statement of additional information for duplication. FUND will provide COMPANY copies of its proxy material suitable for printing. FUND will provide COMPANY annual and semi-annual reports and any supplements thereto, in camera-ready form.
3.2 COMPANY shall provide pass-through voting privileges to all variable contract owners so long as the Securities and Exchange Commission continues to interpret the 1940 Act to require such passthrough voting privileges for variable contract owners. COMPANY shall be responsible for assuring that each of its separate accounts participating in the FUND calculates voting privileges in a manner CONSISTENT with the 1940 Act. It is a condition of the Agreement that COMPANY will vote shares of FUND, for which it has not received voting instructions as well as shares attributable to COMPANY, in the same proportion as it votes shares for which it has received instructions.
PROSPECTUS AND PROXY STATEMENTS; VOTING. 3.1. At least annually, MFS or its designee shall provide the Company, free of charge, with as many copies of the current prospectus (describing only the Funds listed in Schedule A hereto) for the Shares as the Company may reasonably request for distribution to existing Policy owners whose Policies are funded by such Shares. MFS or its designee shall also provide the Company, at MFS' expense, with copies of the current prospectus for the Shares for distribution to prospective purchasers of the Policies in amounts mutually agreeable to MFS and the Company.
3.2. The prospectus for the Shares shall state that the statement of additional information for the Shares is available from MFS or its designee. MFS or its designee, at its expense, shall print and provide such statement of additional information to the Company (or a master of such statement suitable for duplication by the Company) for distribution to any prospective or existing Policy owner.
3.3. MFS or its designee shall provide the Company free of charge copies, if and to the extent applicable to the Shares, of the Funds' proxy materials, reports to Shareholders and other communications to Shareholders in such quantity as the Company shall reasonably require for distribution to existing Policy owners. MFS or its designee shall also provide the Company, at MFS' expense, with copies of such materials, reports and communications for distribution to prospective purchasers of Policies in amounts mutually agreeable to MFS and the Company.
3.4. If and to the extent required by law, the Company shall:
(a) solicit voting instructions from Policy owners;
(b) vote the Shares in accordance with instructions received from Policy owners; and
(c) vote the Shares for which no instructions have been received in the same proportion as the Shares of such Fund for which instructions have been received from Policy owners; so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass through voting privileges for variable contract owners. The Company will in no way recommend action in connection with or oppose or interfere with the solicitation of proxies for the Shares held for such Policy owners. The Company reserves the right to vote shares held in any segregated asset account in its own right, to the extent permitted by law.
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.
