Common use of Purchase and Redemption Procedures Clause in Contracts

Purchase and Redemption Procedures. The Funds hereby appoint the Company as an agent of the Funds for the limited purpose of receiving purchase and redemption requests from the Account (but not with respect to any Fund Shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. Under no circumstances will the Company change, alter or manipulate any instruction received by it in good order. All transactions in Account Shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("MLPF&S") ("Omnibus Accounts"). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund or its transfer agent at the net asset value determined as of the close of trading on that same Business Day, provided that the Fund or its transfer agent receives notice of such request by 6:50 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests, by 11:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Fund or its transfer agent or its designee via the NSCC Fund/SERV DCC&S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Account prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. If for any reason the Company or its affiliate is unable to transmit the file(s) with respect to any Business Day, the Company or its affiliate will notify the Fund or its transfer agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day and provided that such notification is received the value of such Shares shall be calculated at the net asset value determined as of the close of trading on that prior Business Day. Such notification shall be by facsimile or phone (confirmed by facsimile), including all relevant information about the purchase or redemption order. Each purchase and redemption order transmitted by the Company will constitute a representation by the Company that such order was based on instructions and Contract owner level transactions that the Company received and accepted as being in good order no later than the close of trading on the prior Business Day, and that the order included all instructions and Contract owner level transactions so received by the Company.

Appears in 1 contract

Samples: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

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Purchase and Redemption Procedures. The Funds Underwriter hereby appoint appoints the Company as an its agent of the Funds for the limited purpose of receiving purchase and redemption requests from on behalf of the Account (but not with respect to any Fund Shares shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. Under no circumstances will the Company change, alter or manipulate any instruction received by it in good order. All transactions in Account Shares shares shall be executed through the Omnibus Accounts of Company's ’s affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("MLPF&S") ("Omnibus Accounts"). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund or its transfer agent Underwriter at the net asset value determined as of the close of trading on that same Business Day, provided that the Fund or its transfer agent Underwriter receives notice of such request by 6:50 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests, by 11:00 9:30 a.m. Eastern Time on the next following Business Day. Company will provide to the Fund or its transfer agent Underwriter or its designee via the NSCC Fund/Fund SERV DCC&S DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Account Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. If for any reason the Company or its affiliate Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, the Company or its affiliate Xxxxxxx Xxxxx will notify the Fund or its transfer agent Underwriter or its designee by 11:00 9:30 a.m. Eastern Time on the next following Business Day and provided that such notification is received the value of such Shares shall be calculated at the net asset value determined as of the close of trading on that prior Business Day. Such notification shall be by facsimile or phone (confirmed by facsimile), including all relevant information about the purchase or redemption order. Each purchase and redemption order transmitted by the Company will constitute a representation by the Company that such order was based on instructions and Contract owner level transactions that the Company received and accepted as being in good order no later than the close of trading on the prior Business Day, and that the order included all instructions and Contract owner level transactions so received by the Company.

Appears in 1 contract

Samples: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. The Funds hereby appoint the Company as an agent of the Funds for the limited purpose of receiving purchase and redemption requests from the Account (but not with respect to any Fund Shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. Under no circumstances will the Company change, alter or manipulate any instruction received by it in good order. All transactions in Account Shares shall be executed through the Omnibus Accounts of Company's ’s affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("MLPF&S") ("Omnibus Accounts"). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund or its transfer agent at the net asset value determined as of the close of trading on that same Business Day, provided that the Fund or its transfer agent receives notice of such request by 6:50 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests, by 11:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Fund or its transfer agent or its designee via the NSCC Fund/SERV DCC&S platform (which utilizes the "as of" of record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Account prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. If for any reason the Company or its affiliate is unable to transmit the file(s) with respect to any Business Day, the Company or its affiliate will notify the Fund or its transfer agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day and provided that such notification is received the value of such Shares shall be calculated at the net asset value determined as of the close of trading on that prior Business Day. Such notification shall be by facsimile or phone (confirmed by facsimile), including all relevant information about the purchase or redemption order. Each purchase and redemption order transmitted by the Company will constitute a representation by the Company that such order was based on instructions and Contract owner level transactions that the Company received and accepted as being in good order no later than the close of trading on the prior Business Day, and that the order included all instructions and Contract owner level transactions so received by the Company.

Appears in 1 contract

Samples: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. The Funds (a) Underwriter hereby appoint appoints the Company as an its agent of the Funds for the limited purpose of receiving purchase and redemption requests from on behalf of the Account (but not with respect to any Fund Shares shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. Under no circumstances will the Company change, alter or manipulate any instruction received by it in good order. All .All transactions in Account Shares shares shall be executed through the Company’s Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("MLPF&S") ("Omnibus Accounts"). Any such request (or relevant transactional information thereforthereof) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund or its transfer agent Underwriter at the net asset value determined as of the close of trading on that same Business Day, provided that the Fund or its transfer agent Underwriter receives notice of such request by 6:50 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests, by 11:00 9:30 a.m. Eastern Time on the next following Business Day. Company will provide to the Fund or its transfer agent Underwriter or its designee via the NSCC Fund/Fund SERV DCC&S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Account plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. If for any reason the Company or its affiliate is unable to transmit the file(s) with respect to any Business Day, the Company or its affiliate will notify the Fund or its transfer agent Underwriter or its designee by 11:00 9:30 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Fund of a purchase request for such Shares. Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Funds effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Fund will provide to Company a daily transmission of positions and provided that such notification trading activity taking place in the Omnibus Accounts using Company’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Fund is received properly notified of the value redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Funds in accordance with Section 1.3 (b) of this Agreement), except that Underwriter, on behalf of the Funds, reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Funds as described in the then current prospectus. Neither Underwriter nor Fund shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company, the Company alone shall be calculated responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after a Funds’ receipt of such request as of the close of trading on that prior Business Day. Such notification shall be by facsimile or phone set forth in Section 1.3 (confirmed by facsimile), including all relevant information about the purchase or redemption order. Each purchase and redemption order transmitted by the Company will constitute a representation by the Company that such order was based on instructions and Contract owner level transactions that the Company received and accepted as being in good order no later than the close of trading on the prior Business Day, and that the order included all instructions and Contract owner level transactions so received by the Companya) herein.

Appears in 1 contract

Samples: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

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Purchase and Redemption Procedures. (a) The Funds Transfer Agent hereby appoint appoints the Company as an agent of the Funds Fund for the limited purpose of receiving purchase and redemption requests from on behalf of the Account (but not with respect to any Fund Shares shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. Under no circumstances will the Company change, alter or manipulate any instruction received by it in good order. All transactions in Account Shares shares shall be executed through the Omnibus Accounts of Company's Company or its affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("MLPF&S") ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange (the “Exchange”) is open for regular session trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund or its transfer agent at the net asset value determined as of the close of trading on that same Business Dayday, provided that the Fund or its transfer agent receives notice of such request by 6:50 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests, by 11:00 11 a.m. Eastern Time on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive such purchase and redemption requests from Company on behalf of the Account by 9:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Fund or its transfer agent Transfer Agent or its designee via the NSCC Fund/Fund SERV DCC&S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Account contract prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. If for any reason the Company or its affiliate is unable to transmit the file(s) with respect to any Business Day, the Company or its affiliate will notify the Fund or its transfer agent Transfer Agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Transfer Agent is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent will provide the Company a daily transmission of positions and provided that such notification trading activity taking place in the Omnibus Accounts. (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company on the next Business Day after the Fund is received properly notified of the value redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Portfolios in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. The Fund shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be calculated responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Fund’s receipt of such request as of the close of trading on that prior Business Day. Such notification shall be by facsimile or phone (confirmed by facsimile), including all relevant information about the purchase or redemption order. Each purchase and redemption order transmitted by the Company will constitute a representation by the Company that such order was based on instructions and Contract owner level transactions that the Company received and accepted as being set forth in good order no later than the close of trading on the prior Business Day, and that the order included all instructions and Contract owner level transactions so received by the CompanySection 1.3(a) herein.

Appears in 1 contract

Samples: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

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