Common use of Purchase and Redemption Procedures Clause in Contracts

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient notice of such request to the Trust by 8:30 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 p.m. New York Time on the same Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 5 contracts

Samples: Participation Agreement (Life of Virginia Separate Account Ii), Participation Agreement (Life of Virginia Separate Account Ii), Participation Agreement (Life of Virginia Separate Account Ii)

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Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust its designee for the limited purpose of receiving purchase and redemption requests on behalf for Trust Shares under Schedule 1 Contracts resulting from purchase and redemption requests by Owners of Schedule 1 Contracts for units of the Account (but not with respect to any Trust shares that may be held in Schedule 1 Accounts. Receipt by the general account Company, as designee of the Company) Trust for shares this purpose, of those Series or Classes made available hereunder, based on allocations requests for the purchase and redemption of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing units of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) Schedule 1 Accounts on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business business, as defined disclosed from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York TimeExchange)) , shall constitute receipt by the Trust on that same Business Day, provided Day of requests from such Schedule 1 Accounts for the purchase and redemption of Trust Shares necessary to facilitate such purchase and redemption of units of such Schedule 1 Accounts. This limited agency only extends to requests by the Schedule 1 Accounts for the purchase and redemption of Trust Shares that the Company uses Trust (or its best efforts to provide actual and sufficient notice of such request to the Trust transfer agent) receives by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice requests for the purchase and redemption of Trust Shares may be communicated by facsimile, electronic mail, or telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimilefacsimile or electronic mail. (b) The Company shall pay for shares of each Series or Class Trust Shares on the same day that it provides actual notice to the Trust of a purchase request for such sharesShares. Payment for Series or Class shares Trust Shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 12:00 p.m. New York Time on the that day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares Trust Shares of other Series or Classes effected pursuant to redemption requests tendered on that day by the Company on behalf of the AccountCompany). In no event may proceeds Proceeds from the redemption of shares Trust Shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day shall not be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on the same day. If federal funds are not received on time, issuance of the requested Trust Shares will be cancelled and such dayfunds will be applied to the purchase of Trust Shares as soon as practicable after receipt of such funds at the Share price next computed after receipt. If the issuance of shares Trust Shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and the Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of thereto and the Company and shall become the responsibility of the Trust. If Federal funds are not received be responsible for any impact on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was receivedContract Owners. (c) Payment for Series or Class shares Trust Shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares request (unless redemption proceeds are to be applied to the purchase of Trust shares Shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement). Notwithstanding the foregoing, except that the Trust reserves the right to redeem Series or Class shares Trust Shares in assets other than cash and to delay payment of redemption proceeds to the extent disclosed in the applicable Prospectus and permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable ProspectusApplicable Law. The Trust shall not bear any responsibility whatsoever be responsible for the proper disbursement or crediting of redemption proceeds by the Company; Company or the Company alone shall be responsible for such actionAccounts. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the The Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all or the other designated persons party's agents pursuant to such protocols and security procedures as the parties may agree uponupon from time to time. Should such information change thereafter, the The Trust and the Company, as applicable, shall notify the other in writing of any changes in such changes, observing the same protocols and security procedures, information at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (fe) The procedures set forth herein in this Section 2.3 are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or and by the requirements of applicable lawApplicable Law.

Appears in 4 contracts

Samples: Participation Agreement (Forethought Life Insurance Co Separate Account A), Participation Agreement (Forethought Life Insurance Co Separate Account A), Participation Agreement (Forethought Life Insurance Co Separate Account A)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an its agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) Accounts for shares of those Series or Classes made available hereunder, based on allocations transactions in units issued by an Account (or sub-account of amounts to the Account or subaccounts thereof an Account) under the Contracts, other transactions relating to the Contracts or the Account Accounts and customary processing of the Contractssuch transactions. Receipt of any such requests for transactions in Account (or effectuation of such transaction sub-account) units, or processing) other transactions relating to the Contracts or the Accounts, on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Eastern Time on the next following Business Day and (the Trust receives such notice no later than 9:00 a.m. New York time on such Business "Notice Day"). Such notice may be communicated by telephone facsimile to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimileTrust. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such sharesNotice Day. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York 2:00 pm Eastern Time on the day the Trust receives actual notice of the purchase request for Series or Class shares Notice Day (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company (or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit ), such funds normally to be transmitted by 6:00 p.m. New York Time on the same Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.p.

Appears in 4 contracts

Samples: Participation Agreement (National Variable Life Insurance Account), Participation Agreement (Lincoln Benefit Life Variable Annuity Account), Participation Agreement (Lincoln Benefit Life Variable Annuity Account)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an its agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) Accounts for shares of those Series or Classes made available hereunder, based on allocations transactions in units issued by an Account (or sub-account of amounts to the Account or subaccounts thereof an Account) under the Contracts, other transactions relating to the Contracts or the Account Accounts and customary processing of the Contractssuch transactions. Receipt of any such requests for transactions in Account (or effectuation of such transaction sub-account) units, or processing) other transactions relating to the Contracts or the Accounts, on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Eastern Time on the next following Business Day and (the Trust receives such notice no later than 9:00 a.m. New York time on such Business "Notice Day"). Such notice may be communicated by telephone facsimile to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimileTrust. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such sharesNotice Day. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York 2:00 pm Eastern Time on the day the Trust receives actual notice of the purchase request for Series or Class shares Notice Day (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company (or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit ), such funds normally to be transmitted by 6:00 p.m. New York Eastern Time on the same Business Notice Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (fe) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 4 contracts

Samples: Participation Agreement (Principal Life Insurance Co Variable Life Sep Account), Participation Agreement (Lincoln Benefit Life Variable Life Account), Participation Agreement (Bma Variable Life Account A)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the sole and limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Designated Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, Contracts and other transactions relating to the Contracts or the Account and customary processing of the ContractsAccount. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust of any such request (or relevant transactional information therefor) that is in good order on any day the New York Stock Exchange is open for trading and on which the Trust calculates the net asset value per share of the Designated Series pursuant to the rules of the SEC (a “Business Day”) prior to the Trust's close of business time that the Trust calculates such net asset values per share as defined described from time to time in the applicable Prospectus for Trust’s statutory prospectus, as such Series or Class term is defined in Rule 498 under the 1933 Act (which as of the date of execution of this Agreement is defined ordinarily as of the close of regular trading on the New York Stock Exchange (normally Exchange, or 4:00 p.m. New York Eastern Time)(the “Valuation Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses Trust or its best efforts to provide actual and sufficient designated agent receives notice of such request to the Trust by 8:30 9:00 a.m. New York Eastern Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Designated Series or Class on the same day that it provides actual notice to notifies the Trust of a purchase request for such shares. Payment for purchased Designated Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 4:00 p.m. New York Eastern Time on the day Business Day the Trust receives actual notice is notified of the purchase request for Designated Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption which request may be net of shares redemptions of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Accountsuch shares). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely receivedreceived on time, such funds will be invested, and Designated Series shares purchased thereby will be issued, as soon as practicable and the Company shall indemnify promptly, upon the respective Fund and Distributor with respect to all Trust’s request, reimburse the Trust for any charges, costs, fees, interest or other expenses and losses relating theretoincurred by the Trust in connection with any advances to, or borrowing or overdrafts by, the Trust, or any similar expenses incurred by the Trust, as a result of portfolio transactions effected by the Trust based upon such purchase request. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Designated Series or Class shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly duly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 p.m. New York Time Company on the same Business Day after the Trust receives actual notice is properly notified of the redemption order for Series or Class of such shares (unless redemption proceeds are to which order may be applied to the net of any purchase of Trust shares of other Series or Classes in accordance with Section 2.3(borders) of this Agreement), except that the Trust reserves the right to redeem Designated Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by under Section 22(e) of the 1940 Act, any rules Act and the Rule or regulations or orders Rules thereunder, or and in accordance with the applicable Prospectusprocedures and policies of the Trust as described in the then current statutory prospectus and/or statement of additional information (“SAI”). The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Designated Series or Class shares held or to be held in the Company's ’s general account shall be effected at the net asset value per share next determined after the Trust's actual ’s receipt of such requestrequest in good order, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business on the applicable Business Day for determination of such value, as defined from time to time in the Prospectus for such Series or ClassTrust’s statutory prospectus. (e) Prior The Company shall not redeem shares of the Designated Series attributable to the first purchase Contracts (as opposed to shares of any Trust the Designated Series attributable to the Company’s assets held in the Account) except (i) as necessary to implement Contract owner initiated or approved transactions, (ii) as required by state and/or federal laws or regulations or judicial or other legal precedent of general application (hereinafter referred to as a “Legally Required Redemption”), (iii) as permitted by an order of the SEC pursuant to Section 26(c) of the 1940 Act, but only if a substitution of other securities for the shares hereunderof the Designated Series is consistent with the terms of the Contracts, or (iv) as otherwise permitted under the terms of the Contracts. Upon request, the Company and will promptly furnish to the Trust reasonable assurance that any redemption pursuant to clause (ii) above is a Legally Required Redemption. Furthermore, except in cases where permitted under the terms of the Contracts, the Company shall provide not prevent Contract owners from allocating payments to a Designated Series that was otherwise available under the Contracts without first giving the Trust 45 days notice of its intention to do so. The Trust shall use its best efforts to make the net asset value per share for each other with all information necessary to effect wire transmissions of Federal funds Designated Series (or class thereof) available to the other party Company by 6:30 p.m. Eastern Time each Business Day, and all other designated persons in any event, as soon as reasonably practicable after the net asset value per share for such Designated Series or class thereof is calculated, and shall calculate such net asset value in accordance with the Trust’s statutory prospectus. None of the Trust, any Designated Series, the Distributor, or any of their affiliates shall be liable for any information provided to the Company pursuant to such protocols and security procedures as this Agreement which information is based on incorrect information supplied by the parties may agree upon. Should such information change thereafter, Company or any other Participating Insurance Company to the Trust and or the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such informationDistributor. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 4 contracts

Samples: Participation Agreement (Virtus Variable Insurance Trust), Participation Agreement (Virtus Variable Insurance Trust), Participation Agreement (Lincoln New York Account N for Variable Annuities)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not nm with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the TrustTrust 's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 8:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (ba) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. 12:00 noon New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (cb) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (dc) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (ed) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (fa) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 3 contracts

Samples: Participation Agreement (Variable Annuity-2 Series Account), Participation Agreement (Variable Annuity-2 Series Account), Participation Agreement (Variable Annuity-2 Series Account)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust its designee for the limited purpose of receiving purchase and redemption requests on behalf for Trust Shares under Schedule 1 Contracts resulting from purchase and redemption requests by Owners of Schedule 1 Contracts for units of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account for units of the Schedule 2 Accounts or Schedule 3 Accounts). Receipt by the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing as designee of the Contracts. Receipt Trust for this purpose, of any such requests (or effectuation for the purchase and redemption of such transaction or processing) units of the Schedule 1 Accounts on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business business, as defined disclosed from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York TimeExchange)) , shall constitute receipt by the Trust on that same Business Day, provided Day of requests from such Schedule 1 Accounts for the purchase and redemption of Trust Shares necessary to facilitate such purchase and redemption of units of such Schedule 1 Accounts. This limited agency only extends to requests by the Schedule 1 Accounts for the purchase and redemption of Trust Shares that the Company uses Trust (or its best efforts to provide actual and sufficient notice of such request to the Trust transfer agent) receives by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice requests for the purchase and redemption of Trust Shares may be communicated by facsimile, electronic mail, or telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimilefacsimile or electronic mail. (b) The Company shall pay for shares of each Series or Class Trust Shares on the same day that it provides actual notice to the Trust of a purchase request for such sharesShares. Payment for Series or Class shares Trust Shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 12:00 p.m. New York Time on the that day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares Trust Shares of other Series or Classes effected pursuant to redemption requests tendered on that day by the Company on behalf of the AccountCompany). In no event may proceeds Proceeds from the redemption of shares Trust Shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day shall not be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on the same day. If federal funds are not received on time, issuance of the requested Trust Shares will be cancelled and such dayfunds will be applied to the purchase of Trust Shares as soon as practicable after receipt of such funds at the Share price next computed after receipt. If the issuance of shares Trust Shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and the Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of thereto and the Company and shall become the responsibility of the Trust. If Federal funds are not received be responsible for any impact on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was receivedContract Owners. (c) Payment for Series or Class shares Trust Shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares request (unless redemption proceeds are to be applied to the purchase of Trust shares Shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement). Notwithstanding the foregoing, except that the Trust reserves the right to redeem Series or Class shares Trust Shares in assets other than cash and to delay payment of redemption proceeds to the extent disclosed in the applicable Prospectus and permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable ProspectusApplicable Law. The Trust shall not bear any responsibility whatsoever be responsible for the proper disbursement or crediting of redemption proceeds by the Company; Company or the Company alone shall be responsible for such actionAccounts. (d) Any purchase or redemption request for Series or Class shares Trust Shares held or to be held by Schedule 2 Accounts, Schedule 3 Accounts, or in the Company's general account account, shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, that payment for Trust shares so requested Shares purchased is received by the Trust in Federal federal funds prior to the Trust's close of business for determination of such valuebusiness, as defined disclosed from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the The Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all or the other designated persons party's agents pursuant to such protocols and security procedures as the parties may agree uponupon from time to time. Should such information change thereafter, the The Trust and the Company, as applicable, shall notify the other in writing of any changes in such changes, observing the same protocols and security procedures, information at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein in this Section 2.3 are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or and by the requirements of applicable lawApplicable Law.

Appears in 3 contracts

Samples: Participation Agreement (Aul American Individual Variable Annuity Unit Trust), Participation Agreement (Aul American Individual Variable Life Unit Trust), Participation Agreement (Aul American Individual Variable Annuity Unit Trust)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 10:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 5:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 3 contracts

Samples: Participation Agreement (Agl Separate Account Vl-R), Participation Agreement (Variable Account Ii Aig Life Insurance Co), Participation Agreement (Variable Account B American Intl Life Assur Co of New York)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:30 a.m. New York Time time (8:30 a.m. Central Time) on the next following Business Day and Day. The Trust reserves discretion to extend the Trust receives such time by which notice no later than 9:00 a.m. must be received in accordance with the preceding sentence on a case by case basis if a Fund experiences a delay in calculating its net asset value which extends past 7:00 p.m. New York time on such Business Day(6:00 Central time) in accordance with Section 2.4 hereof. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire. Such wire to transfer will be initiated by the Company's bank by 1:00 p.m. Central time and received by the Trust by 3:30 p.m. New York Time the close of business of the Federal funds wire system on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely receivedreceived when required for settlement on related purchases of portfolio securities, the Company shall indemnify the respective Fund and Distributor with respect to for 50% of all costs, expenses and losses relating theretoto failure to meet such settlement obligations. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and the Series or Class shares purchased thereby will by such payment shall be issued, as soon as practicable after actual executed at the net asset value next computed following receipt of such funds but in any event not on the same day that the purchase order was receivedpayment. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time (5:00 p.m. Central Time) on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. In any event, absent extraordinary circumstances specified in Section 22(e) of the 1940 Act, the Trust shall make such payment within five (5) calendar days after the date the redemption order is placed in order to enable the Company to pay redemption proceeds within the time specified in Section 22(e) of the 1940 Act or such shorter period of time as may be required by law. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. If such Federal funds are not received on time, the Series of Class shares purchased by such payment shall be executed at the net asset value next computed following receipt of payment. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but neither party shall be liable to the other party for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 3 contracts

Samples: Participation Agreement (Ids Life Variable Account 10), Participation Agreement (American Express Platinum Variable Annuity Sm), Participation Agreement (Ids Life Variable Account 10)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that (i) with respect to the Company uses its best efforts to provide International Equity Fund, the Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day Day, and (ii) with respect to all other Funds listed on Schedule 3, the Trust receives actual and sufficient notice of such notice no later than 9:00 a.m. request by 10:00 am. New York time on such Business Daytime. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's ’s receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's ’s general account shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law. (g) The Trust will make available to the Company information concerning pending purchase and redemption transactions on any Business Day via the Internet or other means acceptable to both parties.

Appears in 3 contracts

Samples: Participation Agreement (Massachusetts Mutual Variable Life Separate Account I), Participation Agreement (Massachusetts Mutual Variable Life Separate Account I), Participation Agreement (Massachusetts Mutual Variable Life Separate Account I)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 8:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. 12:00 noon New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's ’s receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's ’s general account shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 3 contracts

Samples: Participation Agreement (Standard Insurance Co), Participation Agreement (Goldman Sachs Variable Insurance Trust), Participation Agreement (Standard Insurance Co)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account Accounts (but not with respect to any Trust shares that may be held in the general account on behalf of the Company’s general account) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof Accounts under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:30 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York Time close of the Federal wire system on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on such the same day. If the issuance of Trust shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's ’s receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class Trust shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class Trust shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time the close of the Federal wire system on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class such shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class trust shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the CompanyCompany or the Accounts; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class Trust shares held or to be held by the Accounts or in the Company's ’s general account account, shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 3 contracts

Samples: Participation Agreement (Variable Annuity Account A), Participation Agreement (Variable Annuity Account A), Participation Agreement (Variable Annuity Account A)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account on behalf of the Schedule 2 Accounts, Schedule 3 Accounts, or the Company's general account) for shares of those Series or Classes made available hereunder, based on allocations transactions in Account Units of amounts to the Account or subaccounts thereof Schedule 1 Accounts under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Schedule 1 Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 4:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such the same day. If the issuance of Trust shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class Trust shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class Trust shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same Business Day after day the Trust receives actual notice of the redemption order for Series or Class such shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class trust shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the CompanyCompany or the Accounts; the Company alone shall be responsible for such action. (d) NSCC. If any transactions in Fund shares are to be settled through the National Securities Clearing Corporation's ("NSCC") Mutual Fund Settlement, Entry and Registration Verification (Fund/SERV) system, the following provisions shall apply: (i) Each party to this Agreement represents that it or one of its affiliates has entered into the Standard Networking Agreement with the NSCC and it desires to participate in the programs offered by the NSCC Fund/SERV system which provide (i) an automated process whereby the shareholder purchases, redemptions, exchanges and transactions of mutual fund shares are executed through the Fund/SERV system, and (ii) a centralized and standardized communication system for the exchange of customer-level information and account activity through the Fund/SERV Networking system ("Networking"). (ii) For each Fund/SERV transaction, including a transaction establishing accounts with the Fund or its affiliate, the Company shall provide the Fund with all information necessary or appropriate to establish and maintain each Fund/SERV transaction (and any subsequent changes to such information), which the Company hereby certifies is and shall remain true and correct. The Company shall maintain documents required by the Fund to effect Fund/SERV transactions. Each instruction shall be deemed to be accompanied by a representation by the Company that it has received proper authorization from each person whose purchase, redemption, account transfer or exchange transaction is effected as a result of such instruction. (e) Any purchase or redemption request for Series or Class Trust shares held or to be held in by [Schedule 2 Accounts, Schedule 3 Accounts, or in] the Company's general account account, shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (ef) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (fg) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 3 contracts

Samples: Participation Agreement (Lincoln Life Flexible Premium Variable Life Account M), Participation Agreement (Lincoln Life & Annuity Flexible Premium Variable Life Account M), Participation Agreement (Lincoln Life Variable Annuity Account N)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account on behalf of the Schedule 2 Accounts, Schedule 3 Accounts, or the Company’s general account) for shares of those Series or Classes made available hereunder, based on allocations transactions in Account Units of amounts to the Account or subaccounts thereof Schedule 1 Accounts under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Schedule 1 Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 12:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on such the same day. If the issuance of Trust shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's ’s receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class Trust shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class Trust shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class such shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class trust shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, Act and any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the CompanyCompany or the Accounts; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class Trust shares held or to be held in by the Company's ’s general account account, shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. For any breach of confidentiality or security, the Distributor shall be liable to the Company. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (Symetra Separate Account Sl), Fund Participation and Service Agreement (Symetra SEPARATE ACCOUNT C)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day and the Trust shall effect such requests at that Business Day’s net asset value, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:30 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York Time the close of the fed wire system on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's ’s receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 p.m. New York Time the close of the fed wire system on the same Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash in accordance with Section 2.2 hereof and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's ’s general account shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (SBL Variable Annuity Account Xiv), Participation Agreement (SBL Variable Annuity Account Xi)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving and accepting purchase and redemption requests on behalf of the Account (but not with respect to any Trust Portfolio shares that may be held in the general account of the Company) for shares of those Series or Classes Portfolios made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, Contracts and other transactions relating to the Contracts or the Account and customary processing of the ContractsAccount. Receipt and acceptance of any such requests request (or effectuation of such transaction or processingrelevant transactional information therefore) on any day the New York Stock Exchange is open for trading and on which a Portfolio calculates its net asset value (a “Business Day Day”) pursuant to the rules of the Securities and Exchange Commission (“SEC”), by the Company as such limited agent of the Trust prior to the Trust's close of business time that the Portfolio ordinarily calculates its net asset value as defined described from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) Portfolio’s prospectus shall constitute receipt and acceptance by the Trust Portfolio on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient Trust receives notice of such request to the Trust by 8:30 9:30 a.m. New York Eastern Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class Portfolio on the same day Business Day that it provides actual notice to notifies the Trust of a purchase request for such shares. Payment for Series or Class Portfolio shares shall be made in Federal federal funds transmitted to the Trust or other designated person by wire to be received by the Trust by 3:30 3:00 p.m. New York Eastern Time on the day Business Day the Trust receives actual notice is notified of the purchase request for Series or Class Portfolio shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account, or unless the Trust otherwise determines and so advises the Company to delay the date of payment, to the extent the Trust may do so under the 1940 Act). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely receivedreceived on time, such funds will be invested, and Portfolio shares purchased thereby will be issued, as soon as practicable and the Company shall indemnify promptly, upon the respective Fund and Distributor with respect to all Trust’s request, reimburse a Portfolio for any charges, costs, fees, interest or other expenses and losses relating theretoincurred by the Portfolio in connection with any advances to, or borrowing or overdrafts by, the Portfolio, or any similar expenses incurred by the Portfolio, as a result of portfolio transactions effected by the Portfolio based upon such purchase request. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class Portfolio shares redeemed by the Account or the Company shall be made by a Portfolio in Federal federal funds transmitted by wire to the Company or any other designated person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 3:00 p.m. New York Eastern Time on the same Business Day after the Trust receives actual notice is properly notified of the redemption order for Series or Class of such shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes Portfolios in accordance with Section 2.3(b1.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by under Section 22(e) of the 1940 Act, Act and any rules or regulations or orders thereunder, or and in accordance with the applicable Prospectusprocedures and policies of the Portfolio as described in the then-current prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class Portfolio shares held or to be held in the Company's ’s general account shall be effected at the net asset value per share next determined after the Trust's actual ’s receipt and acceptance of such request, provided that, in the case of a purchase request, payment for Trust Portfolio shares so requested is received by the Trust in Federal federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or ClassPortfolio’s prospectus. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (SBL Variable Annuity Account Xiv), Participation Agreement (Variable Annuity Account A)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the sole and limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Designated Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, Contracts and other transactions relating to the Contracts or the Account and customary processing of the ContractsAccount. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust of any such request (or relevant transactional information therefor) that is in good order on any day the New York Stock Exchange is open for trading and on which the Trust calculates the net asset value per share of the Designated Series pursuant to the rules of the SEC (a “Business Day”) prior to the Trust's close of business time that the Trust calculates such net asset values per share as defined described from time to time in the applicable Prospectus for Trust’s statutory prospectus, as such Series or Class term is defined in Rule 498 under the 1933 Act (which as of the date of execution of this Agreement is defined ordinarily as of the close of regular trading on the New York Stock Exchange (normally Exchange, or 4:00 p.m. New York Eastern Time)(the “Valuation Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses Trust or its best efforts to provide actual and sufficient designated agent receives notice of such request to the Trust by 8:30 10:00 a.m. New York Eastern Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Designated Series or Class on the same day that it provides actual notice to notifies the Trust of a purchase request for such shares. Payment for purchased Designated Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 4:00 p.m. New York Eastern Time on the day Business Day the Trust receives actual notice is notified of the purchase request for Designated Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption which request may be net of shares redemptions of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Accountsuch shares). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely receivedreceived on time, such funds will be invested, and Designated Series shares purchased thereby will be issued, as soon as practicable and the Company shall indemnify promptly, upon the respective Fund and Distributor with respect to all Trust’s request, reimburse the Trust for any charges, costs, fees, interest or other expenses and losses relating theretoincurred by the Trust in connection with any advances to, or borrowing or overdrafts by, the Trust, or any similar expenses incurred by the Trust, as a result of portfolio transactions effected by the Trust based upon such purchase request. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Designated Series or Class shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly duly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 p.m. New York Time Company on the same next Business Day after the Trust receives actual notice is properly notified of the redemption order for Series or Class of such shares (unless redemption proceeds are to which order may be applied to the net of any purchase of Trust shares of other Series or Classes in accordance with Section 2.3(borders) of this Agreement), except that the Trust reserves the right to redeem Designated Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by under Section 22(e) of the 1940 Act, any rules Act and the Rule or regulations or orders Rules thereunder, or and in accordance with the applicable Prospectusprocedures and policies of the Trust as described in the then current statutory prospectus and/or statement of additional information (“SAI”). The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Designated Series or Class shares held or to be held in the Company's general account Account shall be effected at the net asset value per share next determined after the Trust's actual ’s receipt of such requestrequest in good order, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business on the applicable Business Day for determination of such value, as defined from time to time in the Prospectus for such Series or ClassTrust’s statutory prospectus. (e) Prior The Company shall not redeem shares of the Designated Series attributable to the first purchase Contracts (as opposed to shares of any Trust the Designated Series attributable to the Company’s assets held in the Account) except (i) as necessary to implement Contract owner initiated or approved transactions, (ii) as required by state and/or federal laws or regulations or judicial or other legal precedent of general application (hereinafter referred to as a “Legally Required Redemption”), (iii) as permitted by an order of the SEC pursuant to Section 26(c) of the 1940 Act, but only if a substitution of other securities for the shares hereunderof the Designated Series is consistent with the terms of the Contracts, or (iv) as otherwise permitted under the terms of the Contracts. Upon request, the Company and will promptly furnish to the Trust reasonable assurance that any redemption pursuant to clause (ii) above is a Legally Required Redemption. Furthermore, except in cases where permitted under the terms of the Contracts, the Company shall provide not prevent Contract owners from allocating payments to a Designated Series that was otherwise available under the Contracts without first giving the Trust 45 days notice of its intention to do so. The Trust shall use its best efforts to make the net asset value per share for each other with all information necessary to effect wire transmissions of Federal funds Designated Series (or class thereof) available to the other party Company by 7:00 p.m. Eastern Time each Business Day, and all other designated persons in any event, as soon as reasonably practicable after the net asset value per share for such Designated Series or class thereof is calculated, and shall calculate such net asset value in accordance with the Trust’s statutory prospectus. None of the Trust, any Designated Series, the Distributor, or any of their affiliates shall be liable for any information provided to the Company pursuant to such protocols and security procedures as this Agreement which information is based on incorrect information supplied by the parties may agree upon. Should such information change thereafter, Company or any other Participating Insurance Company to the Trust and or the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such informationDistributor. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (Virtus Variable Insurance Trust), Participation Agreement (Brighthouse Fund UL for Variable Life Insurance)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an its agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) Accounts for shares of those Series or Classes made available hereunder, based on allocations transactions in units issued by an Account (or sub-account of amounts to the Account or subaccounts thereof an Account) under the Contracts, other transactions relating to the Contracts or the Account Accounts and customary processing of the Contractssuch transactions. Receipt of any such requests for transactions in Account (or effectuation of such transaction sub-account) units, or processing) other transactions relating to the Contracts or the Accounts, on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Eastern Time on the next following - Business Day and (the Trust receives such notice no later than 9:00 a.m. New York time on such Business "Notice Day"). Such notice may be communicated by telephone facsimile to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimileTrust. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such sharesNotice Day. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York 2:00 pm Eastern Time on the day the Trust receives actual notice of the purchase request for Series or Class shares Notice Day (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company (or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit ), such funds normally to be transmitted by 6:00 p.m. New York Eastern Time on the same Business Notice Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (fe) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (Horace Mann Life Insurance Co Separate Account), Fund Participation and Service Agreement (Horace Mann Life Insurance Co Separate Account)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:30 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by close or the Trust by 3:30 p.m. New York Time Federal Reserve wire system on the day Business Day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (Group Vel Acct of 1st Allmerica Financial Life Ins Co), Participation Agreement (Group Vel Account of Allmerica Financial Life Ins & Ann Co)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account Accounts (but not with respect to any Trust shares that may be held in the general account of the Company’s general account) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the transactions in Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the ContractsUnits. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may shall be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, a mutually agreed upon means of electronic communication and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 6:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on such the same day. If the issuance of Trust shares is canceled because Federal federal funds are not timely received, the Company shall indemnify reimburse the respective Fund Portfolio and Distributor with respect to all costs, expenses and losses directly relating thereto. Upon the Trust's ’s receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class Trust shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class Trust shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time (5:00 p.m Central Time) on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class such shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class trust shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the CompanyCompany or the Accounts; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class Trust shares held or to be held in by the Company's ’s general account account, shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account A), Participation Agreement (Ml of New York Variable Annuity Separate Account A)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the sole and limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Designated Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, Contracts and other transactions relating to the Contracts or the Account and customary processing of the ContractsAccount. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust of any such request (or relevant transactional information therefor) that is in good order on any day the New York Stock Exchange is open for trading and on which the Trust calculates the net asset value per share of the Designated Series pursuant to the rules of the SEC (a "Business Day") prior to the Trust's close of business time that the Trust calculates such net asset values per share as defined described from time to time in the applicable Prospectus for Trust's statutory prospectus, as such Series or Class term is defined in Rule 498 under the 1933 Act (which as of the date of execution of this Agreement is defined ordinarily as of the close of regular trading on the New York Stock Exchange (normally Exchange, or 4:00 p.m. New York Eastern Time)(the "Valuation Time)") shall constitute receipt by the Trust on that same Business Day, provided that the Company uses Trust or its best efforts to provide actual and sufficient designated agent receives notice of such request to the Trust by 8:30 9:00 a.m. New York Eastern Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Designated Series or Class on the same day that it provides actual notice to notifies the Trust of a purchase request for such shares. Payment for purchased Designated Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 4:00 p.m. New York Eastern Time on the day Business Day the Trust receives actual notice is notified of the purchase request for Designated Series or Class shares (unless the Trust determines which request may be net of redemptions of such shares). If federal funds are not received on time, such funds will be invested, and so advises Designated Series shares purchased thereby will be issued, as soon as practicable and the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after shall promptly, upon the Trust's close of business on request, reimburse the Trust for any Business Day be applied to charges, costs, fees, interest or other expenses incurred by the payment for shares for which a purchase order was received prior to Trust in connection with any advances to, or borrowing or overdrafts by, the Trust's close , or any similar expenses incurred by the Trust, as a result of business on portfolio transactions effected by the Trust based upon such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating theretopurchase request. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Designated Series or Class shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly duly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 p.m. New York Time Company on the same Business Day after the Trust receives actual notice is properly notified of the redemption order for Series or Class of such shares (unless redemption proceeds are to which order may be applied to the net of any purchase of Trust shares of other Series or Classes in accordance with Section 2.3(borders) of this Agreement), except that the Trust reserves the right to redeem Designated Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by under Section 22(e) of the 1940 Act, any rules Act and the Rule or regulations or orders Rules thereunder, or and in accordance with the applicable Prospectusprocedures and policies of the Trust as described in the then current statutory prospectus and/or statement of additional information ("SAI"). The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Designated Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such requestrequest in good order, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business on the applicable Business Day for determination of such value, as defined from time to time in the Prospectus for such Series or ClassTrust's statutory prospectus. (e) Prior The Company shall not redeem shares of the Designated Series attributable to the first purchase Contracts (as opposed to shares of any Trust the Designated Series attributable to the Company's assets held in the Account) except (i) as necessary to implement Contract owner initiated or approved transactions, (ii) as required by state and/or federal laws or regulations or judicial or other legal precedent of general application (hereinafter referred to as a "Legally Required Redemption"), (iii) as permitted by an order of the SEC pursuant to Section 26(c) of the 1940 Act, but only if a substitution of other securities for the shares hereunderof the Designated Series is consistent with the terms of the Contracts, or (iv) as otherwise permitted under the terms of the Contracts. Upon request, the Company and will promptly furnish to the Trust reasonable assurance that any redemption pursuant to clause (ii) above is a Legally Required Redemption. Furthermore, except in cases where permitted under the terms of the Contracts, the Company shall provide not prevent Contract owners from allocating payments to a Designated Series that was otherwise available under the Contracts without first giving the Trust 45 days notice of its intention to do so. The Trust shall use its best efforts to make the net asset value per share for each other with all information necessary to effect wire transmissions of Federal funds Designated Series (or class thereof) available to the other party Company by 6:30 p.m. Eastern Time each Business Day, and all other designated persons in any event, as soon as reasonably practicable after the net asset value per share for such Designated Series or class thereof is calculated, and shall calculate such net asset value in accordance with the Trust's statutory prospectus. None of the Trust, any Designated Series, the Distributor, or any of their affiliates shall be liable for any information provided to the Company pursuant to such protocols and security procedures as this Agreement which information is based on incorrect information supplied by the parties may agree upon. Should such information change thereafter, Company or any other Participating Insurance Company to the Trust and or the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such informationDistributor. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (Lincoln Life Variable Annuity Account N), Participation Agreement (Lincoln New York Account N for Variable Annuities)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient notice of such request to the Trust by 8:30 8:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. 12:00 noon New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (Cova Variable Annuity Account One), Participation Agreement (Cova Variable Annuity Account Five)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, Contracts and other transactions relating to the Contracts or the Account. All transactions in Account and customary processing shares shall be executed through the Omnibus Accounts of the ContractsCompany's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Receipt of any such requests request (or effectuation of such transaction or processingrelevant transactional information therefor) on any day the New York Stock Exchange is open for trading and on which the Trust calculates its net asset value pursuant to the rules of the SEC (a "Business Day Day") by the Company as such limited agent of the Trust prior to the Trust's close of business time that the Trust ordinarily calculates its net asset value as defined described from time to time in the applicable Trust Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Eastern Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient Trust receives notice of such request to the Trust by 8:30 10 a.m. New York Eastern Time on the next following Business Day Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the Trust receives such notice no later than 9:00 a.m. New York time on such next following Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Company and Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day understand that it provides actual notice to is the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York Time on the day the Trust receives actual notice intent of the parties that Trust receive such purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the from Company on behalf of the Account)Account by 9:00 a.m. Eastern Time on the next following Business Day. In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied will provide to the payment for shares for Transfer Agent or its designee via the NSCC Trust SERV DCC & S platform (which a purchase order was utilizes the "as of" record layout within Trust/SERV) one or more files detailing the instructions received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease each Account prior to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 4:00 p.m. New York Eastern Time on the same prior Business Day after the Trust receives actual notice for each of the redemption order Trusts. If for Series or Class shares (unless redemption proceeds are any reason Xxxxxxx Xxxxx is unable to be applied transmit the file(s) with respect to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement)any Business Day, except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall Xxxxxxx Xxxxx will notify the other in writing of such changes, observing Transfer Agent or its designee by 11:00 a.m. Eastern Time on the same protocols and security procedures, at least three next following Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such informationDay. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (Ml of New York Variable Annuity Separate Account D), Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an its agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) Accounts for shares of those Series or Classes made available hereunder, based on allocations transactions in units issued by an Account (or sub-account of amounts to the Account or subaccounts thereof an Account) under the Contracts, other transactions relating to the Contracts or the Account Accounts and customary processing of the Contractssuch transactions. Receipt of any such requests for transactions in Account (or effectuation of such transaction sub-account) units, or processing) other transactions relating to the Contracts or the Accounts, on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Eastern Time on the next following Business Day and (the Trust receives such notice no later than 9:00 a.m. New York time on such Business “Notice Day”). Such notice may be communicated by telephone facsimile or NSCC to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimileTrust. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such sharesNotice Day. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York 2:00 pm Eastern Time on the day the Trust receives actual notice of the purchase request for Series or Class shares Notice Day (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's ’s receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company (or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit ), such funds normally to be transmitted by 6:00 p.m. New York Eastern Time on the same Business Notice Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (fe) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (Peoples Benefit Life Insurance Co Separate Account V), Participation Agreement (TFLIC Separate Account VNY)

Purchase and Redemption Procedures. In addition to the terms identified in this Section 1.3, the Trust and Company may also execute orders according to the terms of the NSCC Operating Agreement (or other agreed upon means including via NSCC). (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving and accepting purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes Designated Portfolios made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, Contracts and other transactions relating to the Contracts or the Account and customary processing of the ContractsAccount. Receipt and acceptance of any such requests request (or effectuation of such transaction or processingrelevant transactional information therefor) on any day the New York Stock Exchange is open for trading and on which a Designated Portfolio calculates its net asset value (a “Business Day Day”) pursuant to the rules of the Securities and Exchange Commission (“SEC”), by the Company as such limited agent of the Trust prior to the Trust's close of business time that the Trust ordinarily calculates its net asset value as defined described from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) Trust’s prospectus shall constitute receipt and acceptance by the Trust Designated Portfolio on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient Trust receives notice of such request to the Trust by 8:30 9:30 a.m. New York Eastern Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class Designated Portfolio on the same day Business Day that it provides actual notice to notifies the Trust of a purchase request for such shares. Payment for Series or Class Designated Portfolio shares shall be made in Federal federal funds transmitted to the Trust or other designated person by wire to be received by the Trust by 3:30 3:00 p.m. New York Eastern Time on the day Business Day the Trust receives actual notice is notified of the purchase request for Series or Class Designated Portfolio shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account, or unless the Trust otherwise determines and so advises the Company to delay the date of payment, to the extent the Trust may do so under the 1940 Act). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely receivedreceived on time, such funds will be invested, and Designated Portfolio shares purchased thereby will be issued, as soon as practicable and the Company shall indemnify promptly, upon the respective Fund and Distributor with respect to all Trust’s request, reimburse the Trust for any charges, costs, fees, interest or other expenses and losses relating theretoincurred by the Trust in connection with any advances to, or borrowing or overdrafts by, the Trust, or any similar expenses incurred by the Trust, as a result of portfolio transactions effected by the Trust based upon such purchase request. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class Designated Portfolio shares redeemed by the Account or the Company shall be made by the Trust in Federal federal funds transmitted by wire to the Company or any other designated person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 3 p.m. New York Eastern Time on the same Business Day after the Trust receives actual notice is properly notified of the redemption order for Series or Class of such shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes Designated Portfolios in accordance with Section 2.3(b1.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by under Section 22(e) of the 1940 Act, Act and any rules or regulations or orders thereunder, or and in accordance with the applicable Prospectus. The procedures and policies of the Trust shall not bear any responsibility whatsoever for as described in the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such actionthen-current prospectus. (d) Any purchase or redemption request for Series or Class Designated Portfolio shares held or to be held in the Company's ’s general account shall be effected at the net asset value per share next determined after the Trust's actual ’s receipt and acceptance of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or ClassTrust’s prospectus. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (SBL Variable Annuity Account Xiv), Participation Agreement (SBL Variable Annuity Account Xiv)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company Nationwide as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts Subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company Nationwide as such limited agent of the Trust prior to the Trust's ’s close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company Nationwide shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares hares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. 12:00 noon New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company Nationwide that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company Nationwide on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company Nationwide after the Trust's ’s close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company Nationwide shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's ’s receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company Nationwide and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company Nationwide shall be made in Federal funds transmitted by wire to the Company Nationwide or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit Nationwide, such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper property disbursement or crediting of redemption proceeds by the CompanyNationwide; the Company Nationwide alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company Nationwide and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the CompanyNationwide, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company Nationwide and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (fe) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (Nationwide Vli Separate Account 4), Participation Agreement (Nationwide Vli Separate Account 4)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account Schedule 1 Accounts (but not with respect to on behalf of any Trust shares that may be held in the Company's general account of the Companyaccount) for shares of those Series or Classes made available hereunder, based on allocations transactions in Account Units of amounts to the Account or subaccounts thereof Schedule 1 Accounts under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Schedule 1 Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:30 a.m. New York Time (8:30 a.m. Central Time) on the next following Business Day and Day. The Trust reserves discretion to extend the Trust receives such time by which notice no later than 9:00 a.m. must be received in accordance with the preceding sentence on a case by case basis if a Fund experiences a delay in calculating its net asset value which extends past 7:00 p.m. New York time on such Business DayTime (6:00 p.m. Central Time) in accordance with Section 2.4 hereof. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire. Such wire to transfer will be initiated by the Company's bank by 2:00 p. m. Eastern Time (1:00 p.m. Central time) and received by the Trust by 3:30 p.m. New York Time the close of business of the federal funds wire system on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such the same day. If the issuance of Trust shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be investedinvested at the net asset value next computed after receipt of such funds, and Series or Class Trust shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds issued but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class Trust shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time (5:00 p.m. Central Time) on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class such shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class trust shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. In any event, absent extraordinary circumstances specified in Section 22(e) of the 1940 Act, the Trust shall make such payment within five (5) calendar days after the date the redemption order is placed in order to enable the Company to pay redemption proceeds within the time specified in Section 22(e) of the 1940 Act or such shorter period of time as may be required by law. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the CompanyCompany or the Accounts; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class Trust shares held or to be held in the Company's general account account, shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but neither party shall be liable to the other party for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (Riversource Variable Life Separate Account), Participation Agreement (Riversource of New York Account 8)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account Accounts (but not with respect to any Trust shares that may be held in the general account of the Company's general account) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the transactions in Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the ContractsUnits. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may shall be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, a mutually agreed upon means of electronic communication and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 12:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such the same day. If the issuance of Trust shares is canceled because Federal federal funds are not timely received, the Company shall indemnify reimburse the respective Fund Portfolio and Distributor with respect to all costs, expenses and losses directly relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class Trust shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class Trust shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class such shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class trust shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the CompanyCompany or the Accounts; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class Trust shares held or to be held in by the Company's general account account, shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (Ml of New York Variable Annuity Separate Account C), Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account C)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account [Accounts (but not with respect to any Trust shares that may be held in the Company's general account account)] [Schedule 1 Accounts (but not on behalf of the Schedule 2 Accounts, Schedule 3 Accounts, or the Company) 's general account)] for shares of those Series or Classes made available hereunder, based on allocations transactions in Account Units [of amounts to the Account or subaccounts thereof Schedule 1 Accounts under the Schedule 1 Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts]. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 12:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such the same day. If the issuance of Trust shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class Trust shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class Trust shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class such shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class trust shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the CompanyCompany or the Accounts; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class Trust shares held or to be held in by [Schedule 2 Accounts, Schedule 3 Accounts, or in] the Company's general account account, shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 2 contracts

Samples: Participation Agreement (Genworth Life & Annuity VA Separate Account 3), Participation Agreement (Genworth Life & Annuity VA Separate Account 1)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 10:00 a.m. New York Time on the next following Business Day and Day. However, the Company undertakes to use its best efforts to provide such notice to the Trust receives such notice no later than 9:00 9:30 a.m. New York time on such Business DayTime. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 4:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's ’s receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 4:00 p.m. New York Time on the same Business Day after day the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's ’s general account shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Variable Annuity Account a of Protective Life)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 8:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. 12:00 noon New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's ’s receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class.[Reserved] (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Principal Life Insurance Co Separate Account B)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust its designee for the limited purpose of receiving purchase and redemption requests on behalf for Trust Shares under Schedule 1 Contracts resulting from purchase and redemption requests by Owners of Schedule 1 Contracts for units of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account for units of the Schedule 2 Accounts or Schedule 3 Accounts). Receipt by the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing as designee of the Contracts. Receipt Trust for this purpose, of any such requests (or effectuation for the purchase and redemption of such transaction or processing) units of the Schedule 1 Accounts on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business business, as defined disclosed from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York TimeExchange)) , shall constitute receipt by the Trust on that same Business Day, provided Day of requests from such Schedule 1 Accounts for the purchase and redemption of Trust Shares necessary to facilitate such purchase and redemption of units of such Schedule 1 Accounts. This limited agency only extends to requests by the Schedule 1 Accounts for the purchase and redemption of Trust Shares that the Company uses Trust (or its best efforts to provide actual and sufficient notice of such request to the Trust transfer agent) receives by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice requests for the purchase and redemption of Trust Shares may be communicated by facsimile, electronic mail, or telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimilefacsimile or electronic mail. (b) The Company shall pay for shares of each Series or Class Trust Shares on the same day that it provides actual notice to the Trust of a purchase request for such sharesShares. Payment for Series or Class shares Trust Shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 12:00 p.m. New York Time on the that day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares Trust Shares of other Series or Classes effected pursuant to redemption requests tendered on that day by the Company on behalf of the AccountCompany). In no event may proceeds Proceeds from the redemption of shares Trust Shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day shall not be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on the same day. If federal funds are not received on time, issuance of the requested Trust Shares will be cancelled and such dayfunds will be applied to the purchase of Trust Shares as soon as practicable after receipt of such funds at the Share price next computed after receipt. If the issuance of shares Trust Shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and the Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of thereto and the Company and shall become the responsibility of the Trust. If Federal funds are not received be responsible for any impact on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was receivedContract Owners. (c) Payment for Series or Class shares Trust Shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares request (unless redemption proceeds are to be applied to the purchase of Trust shares Shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement). Notwithstanding the foregoing, except that the Trust reserves the right to redeem Series or Class shares Trust Shares in assets other than cash and to delay payment of redemption proceeds to the extent disclosed in the applicable Prospectus and permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable ProspectusApplicable Law. The Trust shall not bear any responsibility whatsoever be responsible for the proper disbursement or crediting of redemption proceeds by the Company; Company or the Company alone shall be responsible for such actionAccounts. (d) Any purchase or redemption request for Series or Class shares Trust Shares held or to be held by Schedule 2 Accounts, Schedule 3 Accounts, or in the Company's ’s general account account, shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, that payment for Trust shares so requested Shares purchased is received by the Trust in Federal federal funds prior to the Trust’s close of business for determination of such valuebusiness, as defined disclosed from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the The Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all or the other designated persons party’s agents pursuant to such protocols and security procedures as the parties may agree uponupon from time to time. Should such information change thereafter, the The Trust and the Company, as applicable, shall notify the other in writing of any changes in such changes, observing the same protocols and security procedures, information at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein in this Section 2.3 are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or and by the requirements of applicable lawApplicable Law.

Appears in 1 contract

Samples: Participation Agreement (National Variable Annuity Account Ii)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 10:00 a.m. New York Time on the next following Business Day and Day. However, the Company undertakes to use its best efforts to provide such notice to the Trust receives such notice no later than 9:00 9:30 a.m. New York time on such Business DayTime. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 4:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 4:00 p.m. New York Time on the same Business Day after day the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Protective Variable Annuity Separate Account)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, Contracts and other transactions relating to the Contracts or the Account and customary processing of the ContractsAccount. Receipt of any such requests request (or effectuation of such transaction or processingrelevant transactional information therefor) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Trust Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 4 p.m. New York Eastern Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient Trust receives notice of such request to the Trust by 8:30 10 a.m. New York Eastern Time on the next following Business Day and Day. If the Trust receives does not receive such notice no later than 9:00 a.m. New York time on request by this time, such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and request shall be confirmed by facsimileconsidered effective for the next business day. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to notifies the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 4 p.m. New York Eastern Time on the day the Trust receives actual notice is notified of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely receivedreceived on time, the Company shall indemnify the respective Fund such funds will be invested, and Distributor with respect to all costsSeries shares purchased thereby will be issued, expenses and losses relating theretoas soon as practicable. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt by 4 p.m. Eastern Time the day the Trust is notified of such funds but in any event not on the same day that the purchase order was receivedrequest, the funds and request shall be considered effective for the next business day. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other designated person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice is properly notified of the redemption order for of Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by under Section 22(e) of the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus0000 Xxx. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of or redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or ClassTrust Prospectus. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Sti Classic Variable Trust)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust its designee for the limited purpose of receiving purchase and redemption requests on behalf for Trust Shares under Contracts resulting from purchase and redemption requests by Owners of Contracts for units of the Account (but not with respect to any Trust shares that may be held in Accounts. Receipt by the general account Company, as designee of the Company) Trust for shares this purpose, of those Series or Classes made available hereunder, based on allocations requests for the purchase and redemption of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing units of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) Accounts on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business business, as defined disclosed from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York TimeExchange)) , shall constitute receipt by the Trust on that same Business Day, provided Day of requests from such Accounts for the purchase and redemption of Trust Shares necessary to facilitate such purchase and redemption of units of such Accounts. This limited agency only extends to requests by the Accounts for the purchase and redemption of Trust Shares that the Company uses Trust (or its best efforts to provide actual and sufficient notice of such request to the Trust transfer agent) receives by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice requests for the purchase and redemption of Trust Shares may be communicated by facsimile, electronic mail, or telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimilefacsimile or electronic mail. (b) The Company shall pay for shares of each Series or Class Trust Shares on the same day that it provides actual notice to the Trust of a purchase request for such sharesShares. Payment for Series or Class shares Trust Shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 12:00 p.m. New York Time on the that day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares Trust Shares of other Series or Classes effected pursuant to redemption requests tendered on that day by the Company on behalf of the AccountCompany). In no event may proceeds Proceeds from the redemption of shares Trust Shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day shall not be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on the same day. If federal funds are not received on time, issuance of the requested Trust Shares will be cancelled and such dayfunds will be applied to the purchase of Trust Shares as soon as practicable after receipt of such funds at the Share price next computed after receipt. If the issuance of shares Trust Shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and the Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares Trust Shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares request (unless redemption proceeds are to be applied to the purchase of Trust shares Shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement). Notwithstanding the foregoing, except that the Trust reserves the right to redeem Series or Class shares Trust Shares in assets other than cash and to delay payment of redemption proceeds to the extent disclosed in the applicable Prospectus and permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable ProspectusApplicable Law. The Trust shall not bear any responsibility whatsoever be responsible for the proper disbursement or crediting of redemption proceeds by the Company; Company or the Company alone shall be responsible for such actionAccounts. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the The Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all or the other designated persons party’s agents pursuant to such protocols and security procedures as the parties may agree uponupon from time to time. Should such information change thereafter, the The Trust and the Company, as applicable, shall notify the other in writing of any changes in such changes, observing the same protocols and security procedures, information at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, and neither party shall be liable to the other party for any breach of security. (fe) The procedures set forth herein in this Section 2.3 are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or and by the requirements of applicable lawApplicable Law.

Appears in 1 contract

Samples: Participation Agreement (Delaware Life Variable Account F)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient notice of such request to the Trust by 8:30 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 p.m. New York Time on the same Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus; provided, however, that if the Trust fails to transmit such redemption proceeds by 6:00 p.m. New York Time on the same Business Day and such failure is due to circumstances within the Trust's or the Distributor's control, the Distributor will pay interest to the Company equal to the amount of such proceeds multiplied by the current Federal funds rate on each day that delivery of the proceeds is overdue. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Ge Capital Life Separate Account Ii)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an its agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) Accounts for shares of those Series or Classes made available hereunder, based on allocations transactions in units issued by an Account (or sub-account of amounts to the Account or subaccounts thereof an Account) under the Contracts, other transactions relating to the Contracts or the Account Accounts and customary processing of the Contractssuch transactions. Receipt of any such requests for transactions in Account (or effectuation of such transaction sub-account) units, or processing) other transactions relating to the Contracts or the Accounts, on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day and (the Trust receives such notice no later than 9:00 a.m. New York time on such Business "Notice Day"). Such notice may be communicated by telephone facsimile to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimileTrust. (b) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law. (c) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such sharesNotice Day. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 2:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares Notice Day (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (cd) Payment for Series or Class shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company (or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit ), such funds normally to be transmitted by 6:00 3:00 p.m. New York Time on the same Business Notice Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Variable Account D of Union Security Insurance Co)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide T rust receives actual and sufficient notice of such request to the Trust by 8:30 10:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. 12:00 noon New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Horace Mann Life Insurance Co Separate Account)

Purchase and Redemption Procedures. (a) The Trust Fund hereby appoints the Company as an agent of the Trust Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient notice of such request to the Trust by 8:30 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile.the (b) The Company shall pay for shares Shares of each Series or Class Designated Portfolio on the same day that it provides actual notice to notifies the Trust Fund of a purchase request for such sharesShares. Payment for Series or Class shares Designated Portfolio Shares shall be made in Federal federal funds transmitted to the Trust Fund by wire to be received by the Trust Fund by 3:30 the end of the Business Day (normally, 5:00 p.m. New York Time Eastern Time) on the day the Trust receives actual notice Fund is notified of the purchase request for Series or Class shares Designated Portfolio Shares (unless the Trust Fund determines and so advises the Company that sufficient proceeds are available from redemption of shares Shares of other Series or Classes Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely receivedreceived on time, such funds will be invested, and Designated Portfolio Shares purchased thereby will be issued, as soon as practicable and the Company shall indemnify promptly, upon the respective Fund's request, reimburse the Fund and Distributor with respect to all for any charges, costs, fees, interest or other expenses and losses relating theretoincurred by the Fund in connection with any advances to, or borrowing or overdrafts by, the Fund, or any similar expenses incurred by the Fund, as a result of portfolio transactions effected by the Fund based upon such purchase request. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was receivedFund. (c) The Fund will redeem Designated Portfolio Shares requested on behalf of the Account, and make payment therefore, in accordance with the provisions of the then current registration statement of the Fund. Payment for Series or Class shares Designated Portfolio Shares redeemed by the Account or the Company normally shall be made in Federal federal funds transmitted by wire to the Company or any other designated person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice Fund is properly notified of the redemption order for Series or Class shares of such Shares (unless redemption proceeds are to be applied to the purchase of Trust shares Shares of other Series or Classes Designated Portfolios in accordance with Section 2.3(b1.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust Fund shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; , the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares Designated Portfolio Shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the TrustFund's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares Fund Shares so requested is received by the Trust Fund in Federal federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.to

Appears in 1 contract

Samples: Participation Agreement (National Variable Life Insurance Account)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, Contracts and other transactions relating to the Contracts or the Account and customary processing of the ContractsAccount. Receipt of any such requests request (or effectuation of such transaction or processingrelevant transactional information therefor) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Trust Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 4 p.m. New York Eastern Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient Trust receives notice of such request to the Trust by 8:30 10 a.m. New York Eastern Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to notifies the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 4 p.m. New York Eastern Time on the day the Trust receives actual notice is notified of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely receivedreceived on time, the Company shall indemnify the respective Fund such funds will be invested, and Distributor with respect to all costsSeries shares purchased thereby will be issued, expenses and losses relating theretoas soon as practicable. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire prior to 3 p.m. to the Company or any other designated person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 p.m. New York Time on the same Business Day after that the Trust receives actual notice is properly notified of the redemption order for of Series or Class shares pursuant to Section 2.3(a) (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash cash, to the extent permitted in the prospectus, and to delay payment of redemption proceeds to the extent permitted by under Section 22(e) of the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus0000 Xxx. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or ClassTrust Prospectus. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Providian Life & Health Insurance Co Separate Account V)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient notice of such request to the Trust by 8:30 8:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time Time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. 12:00 noon New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but neither party shall be liable to the other party for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Sun Life of Canada U S Variable Account I)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of or amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 8:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. 12:00 noon New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Pruco Life of New Jersey Variable Appreciable Account)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that (i) with respect to the Company uses its best efforts to provide International Equity Fund, the Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day Day, and (ii) with respect to all other Funds listed on Schedule 3, the Trust receives actual and sufficient notice of such notice no later than 9:00 a.m. request by 10:00 am. New York time on such Business Daytime. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law. (g) The Trust will make available to the Company information concerning pending purchase and redemption transactions on any Business Day via the Internet or other means acceptable to both parties.

Appears in 1 contract

Samples: Participation Agreement (Massachusetts Mutual Variable Life Separate Account I)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that (i) with respect to the Company uses its best efforts to provide International Equity Fund and the Global Income Fund, the Trust receives the actual and sufficient notice of such request to from the Trust Company by 8:30 9:00 a.m. New York Time on the next following Business Day Day, and (ii) with respect to all other Funds listed on Schedule 3 to this Agreement, the Trust receives actual and sufficient notice of such notice no later than 9:00 request from the Company by 10:00 a.m. New York time Time on such the next following Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 2:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 4:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except provided that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Allstate Life of New York Separate Account A)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, Contracts and other transactions relating to the Contracts or the Account. All transactions in Account and customary processing shares shall be executed through the Omnibus Accounts of the ContractsCompany’s affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. (“Omnibus Accounts”). Receipt of any such requests request (or effectuation of such transaction or processingrelevant transactional information therefor) on any day the New York Stock Exchange is open for trading and on which the Trust calculates its net asset value pursuant to the rules of the SEC (a “Business Day Day”) by the Company as such limited agent of the Trust prior to the Trust's close of business time that the Trust ordinarily calculates its net asset value as defined described from time to time in the applicable Trust Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Eastern Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient Trust receives notice of such request to the Trust by 8:30 10 a.m. New York Eastern Time on the next following Business Day Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the Trust receives such notice no later than 9:00 a.m. New York time on such next following Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Company and Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day understand that it provides actual notice to is the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York Time on the day the Trust receives actual notice intent of the parties that Trust receive such purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the from Company on behalf of the Account)Account by 9:00 a.m. Eastern Time on the next following Business Day. In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied will provide to the payment for shares for Transfer Agent or its designee via the NSCC Trust SERV DCC & S platform (which a purchase order was utilizes the “as of” record layout within Trust/SERV) one or more files detailing the instructions received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease each Account prior to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 4:00 p.m. New York Eastern Time on the same prior Business Day after the Trust receives actual notice for each of the redemption order Trusts. If for Series or Class shares (unless redemption proceeds are any reason Xxxxxxx Xxxxx is unable to be applied transmit the file(s) with respect to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement)any Business Day, except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall Xxxxxxx Xxxxx will notify the other in writing of such changes, observing Transfer Agent or its designee by 11:00 a.m. Eastern Time on the same protocols and security procedures, at least three next following Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such informationDay. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

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

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the sole and limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Designated Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, Contracts and other transactions relating to the Contracts or the Account and customary processing of the ContractsAccount. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust of any such request (or relevant transactional information therefor) that is in good order on any day the New York Stock Exchange is open for trading and on which the Trust calculates the net asset value per share of the Designated Series pursuant to the rules of the SEC (a “Business Day’’) prior to the Trust's close of business time that the Trust calculates such net asset values per share as defined described from time to time in the applicable Prospectus for Trust’s statutory prospectus, as such Series or Class term is defined in Rule 498 under the 1933 Act (which as of the date of execution of this Agreement is defined ordinarily as of the close of regular trading on the New York Stock Exchange (normally Exchange, or 4:00 p.m. New York Eastern Time)(the “Valuation Time)’’) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient the Trust or its designated agent notice of such request to the Trust by 8:30 9:00 a.m. New York Eastern Time on the next following Business Day Day. The Trust will confirm receipt of each trade (ending share balances by account and the Trust receives such notice no later than 9:00 a.m. Series) by 1:00 p.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by day the trade is placed with the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile(using a mutually agreed upon format). (b) The Company shall pay for shares of each Designated Series or Class on the same day that it provides actual notice to notifies the Trust of a purchase request for such shares. Payment for purchased Designated Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 4:00 p.m. New York Eastern Time on the day Business Day the Trust receives actual notice is notified of the purchase request for Designated Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption which request may be net of shares redemptions of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Accountsuch shares). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely receivedreceived on time, such funds will be invested, and Designated Series shares purchased thereby will be issued, as soon as practicable and the Company shall indemnify promptly, upon the respective Fund and Distributor with respect to all Trust’s request, reimburse the Trust for any charges, costs, fees, interest or other expenses and losses relating theretoincurred by the Trust in connection with any advances to, or borrowing or overdrafts by, the Trust, or any similar expenses incurred by the Trust, as a result of portfolio transactions effected by the Trust based upon such purchase request. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Designated Series or Class shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly duly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 p.m. New York Time Company on the same next Business Day after the Trust receives actual notice is properly notified of the redemption order for Series or Class of such shares (unless which order may be net of any purchase orders). The Trust may satisfy a redemption proceeds are order from the Company by an in-kind distribution of securities of a Series (each a “Redemption In Kind’’), as contemplated in the then current statutory prospectus and/or statement of additional information (“SAI’’), only if the Redemption In Kind is permitted in connection with an exemptive order from the SEC pursuant to be applied Section 26(c) of the 1940 Act (the “Substitution Order’’) obtained by the Company, and all parties to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that Substitution Order agree to such Redemption In Kind. In such cases the Trust reserves and the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds Adviser to the extent permitted by Trust agree to use reasonable efforts to cooperate with the 1940 Act, any rules or regulations or orders thereunder, or Company in obtaining the applicable ProspectusSubstitution Order. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Designated Series or Class shares held or to be held in the Company's ’s general account shall be effected at the net asset value per share next determined after the Trust's actual ’s receipt of such requestrequest in good order, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business on the applicable Business Day for determination of such value, as defined from time to time in the Prospectus for such Series or ClassTrust’s statutory prospectus. (e) Prior The Company shall not redeem shares of the Designated Series attributable to the first purchase Contracts (as opposed to shares of the Designated Series attributable to the Company’s assets held in the Account) except (i) as necessary to implement Contract owner initiated or approved transactions, (ii) as required by state and/or federal laws or regulations or judicial or other legal precedent of general application (hereinafter referred to as a “Legally Required Redemption’’), (iii) as permitted by an order of the SEC pursuant to Section 26(c) of the 1940 Act or any Trust other no action relief, but only if a substitution of other securities for the shares hereunderof the Designated Series is consistent with the terms of the Contracts, or (iv) as otherwise permitted under the terms of the Contracts. Upon request, the Company and will promptly furnish to the Trust reasonable assurance that any redemption pursuant to clause (ii) above is a Legally Required Redemption. Furthermore, except in cases where permitted under the terms of the Contracts, the Company shall provide not prevent Contract owners from allocating payments to a Designated Series that was otherwise available under the Contracts and shall use its best efforts to first give the Trust 30 days notice of its intention to do so. The Trust shall use its best efforts to make the net asset value per share for each other with all information necessary to effect wire transmissions of Federal funds Designated Series (or class thereof) available to the other party Company by 7:00 p.m. Eastern Time each Business Day, and all other designated persons in any event, as soon as reasonably practicable after the net asset value per share for such Designated Series or class thereof is calculated, and shall calculate such net asset value in accordance with the Trust’s statutory prospectus. None of the Trust, any Designated Series, the Distributor, or any of their affiliates shall be liable for any information provided to the Company pursuant to such protocols and security procedures as this Agreement which information is based on incorrect information supplied by the parties may agree upon. Should such information change thereafter, Company or any other Participating Insurance Company to the Trust and or the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such informationDistributor. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (New York Life Ins & Annuity Corp Var Univ Life Sep Acc I)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company company uses its best efforts to provide actual and sufficient notice of such request to the Trust by 8:30 a.m. New York Time on the next following Business Day and the Trust trust receives such notice no later than 9:00 a.m. New York time Time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trusttrust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, costs expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 p.m. New York Time on the same Business Day after the Trust receives actual notice of the redemption order for Series or Class class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section section 2.3(b) of this Agreementagreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus; provided, however, that if the Trust fails to transmit such redemption proceeds by 6:00 p.m. New York Time on the same Business Day and such failure is due to circumstances within the Trust's or the Distributor's control, the Distributor will pay interest to the Company equal to the amount of such proceeds multiplied by the current Federal funds rate on each day that delivery of the proceeds is overdue. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trusttrust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Ge Capital Life Separate Account Ii)

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Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:30 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by close or the Trust by 3:30 p.m. New York Time Federal Reserve wire system on the day Business Day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. CAN YOU PLEASE CLARIFY WHETHER PROCE FROM DAY 1 OR DAY 2 WILL APPLY. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Group Vel Account of Allmerica Financial Life Ins & Ann Co)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the tbe Company) for shares of those Series or Classes Class made available hereunder, based on allocations of amounts amount to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Trust's Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Eastern Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 8:00 a.m. New York Eastern Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York 12:00 noon Eastern Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In ) but in no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 p.m. New York Time on the same Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.8:00 a.

Appears in 1 contract

Samples: Participation Agreement (Goldman Sachs Variable Insurance Trust)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust its designee for the limited purpose of receiving purchase and redemption requests on behalf for Trust Shares under Schedule 1 Contracts resulting from purchase and redemption requests by Owners of Schedule 1 Contracts for units of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account for units of the Schedule 2 Accounts or Schedule 3 Accounts). Receipt by the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing as designee of the Contracts. Receipt Trust for this purpose, of any such requests (or effectuation for the purchase and redemption of such transaction or processing) units of the Schedule 1 Accounts on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business business, as defined disclosed from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (Exchange, normally 4:00 p.m. New York TimeEastern Time (“Close of Trading”)) ), shall constitute receipt by the Trust on that same Business Day, provided Day of requests from such Schedule 1 Accounts for the purchase and redemption of Trust Shares necessary to facilitate such purchase and redemption of units of such Schedule 1 Accounts. This limited agency only extends to requests by the Schedule 1 Accounts for the purchase and redemption of Trust Shares that the Company uses Trust (or its best efforts to provide actual and sufficient notice of such request to the Trust transfer agent) receives by 8:30 10:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice Requests for the purchase and redemption of Trust Shares may be communicated (i) for manual processing, by facsimile, electronic mail, or telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimilefacsimile or electronic mail, or (ii) for NSCC processing, in accordance with Section 2.3(g) below. (b) The Company shall pay for shares of each Series or Class Trust Shares on the same day that it provides actual notice to the Trust of a purchase request for such sharesShares. Payment for Series or Class shares Trust Shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 6:00 p.m. New York Time on the that day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares Trust Shares of other Series or Classes effected pursuant to redemption requests tendered on that day by the Company on behalf of the AccountCompany). In no event may proceeds Proceeds from the redemption of shares Trust Shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day shall not be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on the same day. If federal funds are not received on time, issuance of the requested Trust Shares will be cancelled and such dayfunds will be applied to the purchase of Trust Shares as soon as practicable after receipt of such funds at the Share price next computed after receipt. If the issuance of shares Trust Shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and the Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of thereto and the Company and shall become the responsibility of the Trust. If Federal funds are not received be responsible for any impact on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was receivedContract Owners. (c) Payment for Series or Class shares Trust Shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares request (unless redemption proceeds are to be applied to the purchase of Trust shares Shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement). Notwithstanding the foregoing or any other provision in this Section 2.3, except that the Trust reserves the right to redeem Series or Class shares Trust Shares in assets other than cash and to delay payment of redemption proceeds to the extent disclosed in the applicable Prospectus and permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable ProspectusApplicable Law. The Trust shall not bear any responsibility whatsoever be responsible for the proper disbursement or crediting of redemption proceeds by the Company; Company or the Company alone shall be responsible for such actionAccounts. (d) Any purchase or redemption request for Series or Class shares Trust Shares held or to be held by Schedule 2 Accounts, Schedule 3 Accounts, or in the Company's ’s general account account, shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, that payment for Trust shares so requested Shares purchased is received by the Trust in Federal federal funds prior to the Trust’s close of business for determination of such valuebusiness, as defined disclosed from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the The Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all or the other designated persons party’s agents pursuant to such protocols and security procedures as the parties may agree uponupon from time to time. Should such information change thereafter, the The Trust and the Company, as applicable, shall notify the other in writing of any changes in such changes, observing the same protocols and security procedures, information at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein in this Section 2.3 are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or and by the requirements of applicable lawApplicable Law.

Appears in 1 contract

Samples: Participation Agreement (Mutual of America Separate Account No 2)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 8:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 4:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 4:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Cg Corporate Insurance Variable Life Separate Account 2)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient notice of such request to the Trust by 8:30 8:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time Time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. 12:00 noon New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but neither party shall be liable to the other party for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Sun Life of Canada U S Variable Account F)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:30 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may must be communicated by telephone facsimile to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall receipt of such notice may be confirmed by facsimilethe Company using DSTVISION to access this information or by facsimile or email in the event that access to DSTVISION is unavailable. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 no later than 6:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be received by the Company no later than 6:00 p.m. New York Time on the same Business Day after day the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of any applicable law. (g) The Trust shall provide confirmation to the Company of the amount of shares traded and the associated net asset value total trade amount and the outstanding share balances held in the Account as of the end of each Business Day via access to DSTVISION, or by facsimile or email in the event that access to DSTVISION is unavailable. Such information will be available by 1:00 p.m. on the next Business Day.

Appears in 1 contract

Samples: Participation Agreement (Metlife of Ct Fund Ul for Variable Life Insurance)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in on behalf of the Schedule 2 Accounts, Schedule 3 Accounts, or the Company's general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations transactions in Account units of amounts to the Account or subaccounts thereof Schedule 1 Accounts under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Schedule 1 Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 12:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such the same day. If the issuance of Trust shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class Trust shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class Trust shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class such shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class its shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the CompanyCompany or the Accounts; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class Trust shares held or to be held by Schedule 2 Accounts, Schedule 3 Accounts, or in the Company's general account account, shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Commonwealth Annuity Separate Account A)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account on behalf of the Schedule 2 Accounts, Schedule 3 Accounts, or the Company's general account) for shares of those Series or Classes made available hereunder, based on allocations transactions in Account Units of amounts to the Account or subaccounts thereof Schedule 1 Accounts under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Schedule 1 Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 12:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such the same day. If the issuance of Trust shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class Trust shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class Trust shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds by 6:00 p.m. New York Time on the same Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are normally to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.transmitted by

Appears in 1 contract

Samples: Participation Agreement (Vel Ii Account of Commonwealth Annuity & Life Insurance Co)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account on behalf of the Schedule 2 Accounts, Schedule 3 Accounts, or the Company's general account) for shares of those Series or Classes made available hereunder, based on allocations transactions in Account units of amounts to the Account or subaccounts thereof Schedule 1 Accounts under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Schedule 1 Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 12:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such the same day. If the issuance of Trust shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class Trust shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class Trust shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class such shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the CompanyCompany or the Accounts; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class Trust shares held or to be held by Schedule 2 Accounts, Schedule 3 Accounts, or in the Company's general account account, shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Commonwealth Annuity Separate Account A)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account on behalf of the Schedule 2 Accounts, Schedule 3 Accounts, or the Company's general account) for shares of those Series or Classes made available hereunder, based on allocations transactions in Account Units of amounts to the Account or subaccounts thereof Schedule 1 Accounts under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Schedule 1 Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 12:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such the same day. If the issuance of Trust shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class Trust shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class Trust shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class such shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class trust shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the CompanyCompany or the Accounts; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class Trust shares held or to be held by Schedule 2 Accounts, Schedule 3 Accounts, or in the Company's general account account, shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Variable Annuity Account)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account on behalf of the Schedule 2 Accounts, Schedule 3 Accounts, or the Company's general account) for shares of those Series or Classes made available hereunder, based on allocations transactions in Account Units of amounts to the Account or subaccounts thereof Schedule 1 Accounts under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Schedule 1 Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 12:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such the same day. If the issuance of Trust shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class Trust shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class Trust shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class such shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the CompanyCompany or the Accounts; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class Trust shares held or to be held by Schedule 2 Accounts, Schedule 3 Accounts, or in the Company's general account account, shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Commonwealth Annuity Separate Account A)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust its designee for the limited purpose of receiving purchase and redemption requests on behalf for Trust Shares under Schedule 1 Contracts resulting from purchase and redemption requests by Owners of Schedule 1 Contracts for units of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account for units of the Schedule 2 Accounts or Schedule 3 Accounts). Receipt by the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing as designee of the Contracts. Receipt Trust for this purpose, of any such requests (or effectuation for the purchase and redemption of such transaction or processing) units of the Schedule 1 Accounts on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business business, as defined disclosed from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York TimeExchange)) , shall constitute receipt by the Trust on that same Business Day, provided Day of requests from such Schedule 1 Accounts for the purchase and redemption of Trust Shares necessary to facilitate such purchase and redemption of units of such Schedule 1 Accounts. This limited agency only extends to requests by the Schedule 1 Accounts for the purchase and redemption of Trust Shares that the Company uses Trust (or its best efforts to provide actual and sufficient notice of such request to the Trust transfer agent) receives by 8:30 9:00 a.m. New York Eastern Standard Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice requests for the purchase and redemption of Trust Shares may be communicated by facsimile, electronic mail, or telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimilefacsimile or electronic mail. (b) The Company shall pay for shares of each Series or Class Trust Shares on the same day that it provides actual notice to the Trust of a purchase request for such sharesShares. Payment for Series or Class shares Trust Shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York Time on the day the Trust receives actual notice close of the purchase request for Series or Class shares Federal Reserve on that day (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares Trust Shares of other Series or Classes effected pursuant to redemption requests tendered on that day by the Company on behalf of the AccountCompany). In no event may proceeds Proceeds from the redemption of shares Trust Shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day shall not be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on the same day. If federal funds are not received on time, issuance of the requested Trust Shares will be cancelled and such dayfunds will be applied to the purchase of Trust Shares as soon as practicable after receipt of such funds at the Share price next computed after receipt. If the issuance of shares Trust Shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and the Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of thereto and the Company and shall become the responsibility of the Trust. If Federal funds are not received be responsible for any impact on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was receivedContract Owners. (c) Payment for Series or Class shares Trust Shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Eastern Standard Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares request (unless redemption proceeds are to be applied to the purchase of Trust shares Shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement). Notwithstanding the foregoing, except that the Trust reserves the right to redeem Series or Class shares Trust Shares in assets other than cash and to delay payment of redemption proceeds to the extent disclosed in the applicable Prospectus and permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable ProspectusApplicable Law. The Trust shall not bear any responsibility whatsoever be responsible for the proper disbursement or crediting of redemption proceeds by the Company; Company or the Company alone shall be responsible for such actionAccounts. (d) Any purchase or redemption request for Series or Class shares Trust Shares held or to be held by Schedule 2 Accounts, Schedule 3 Accounts, or in the Company's ’s general account account, shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, that payment for Trust shares so requested Shares purchased is received by the Trust in Federal federal funds prior to the Trust’s close of business for determination of such valuebusiness, as defined disclosed from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the The Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all or the other designated persons party’s agents pursuant to such protocols and security procedures as the parties may agree uponupon from time to time. Should such information change thereafter, the The Trust and the Company, as applicable, shall notify the other in writing of any changes in such changes, observing the same protocols and security procedures, information at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein in this Section 2.3 are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or and by the requirements of applicable lawApplicable Law.

Appears in 1 contract

Samples: Participation Agreement (MEMBERS Horizon Variable Separate Account)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an its agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) Accounts for shares of those Series or Classes made available hereunder, based on allocations transactions in units issued by an Account (or sub-account of amounts to the Account or subaccounts thereof an Account) under the Contracts, other transactions relating to the Contracts or the Account Accounts and customary processing of the Contractssuch transactions. Receipt of any such requests for transactions in Account (or effectuation of such transaction sub-account) units, or processing) other transactions relating to the Contracts or the Accounts, on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:30 a.m. New York Time on the next following Business Day and (the Trust receives such notice no later than 9:00 a.m. New York time on such Business "Notice Day"). Such notice may be communicated by telephone facsimile to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimileTrust. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such sharesNotice Day. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by transmitted to the Trust by 3:30 p.m. New York 2:00 pm Eastern Time on the day the Trust receives actual notice of the purchase request for Series or Class shares Notice Day (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company (or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit ), such funds normally to be transmitted by 6:00 p.m. New York Eastern Time on the same Business Notice Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (fe) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Lincoln National Variable Annuity Account C)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account on behalf of the Schedule 2 Accounts, Schedule 3 Accounts, or the Company's general account) for shares of those Series or Classes made available hereunder, based on allocations transactions in Account Units of amounts to the Account or subaccounts thereof Schedule 1 Accounts under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Schedule 1 Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 4:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such the same day. If the issuance of Trust shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class Trust shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class Trust shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same Business Day after day the Trust receives actual notice of the redemption <Page> order for Series or Class such shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.with

Appears in 1 contract

Samples: Participation Agreement (Lincoln Life Flexible Premium Variable Life Account M)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust its designee for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust designee prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that (i) with respect to all Funds listed on Schedule 3 (other than the Company uses its best efforts to provide International Equity Fund and the Global Income Fund), the Trust receives actual and sufficient notice of such request to the Trust by 8:30 10:00 a.m. New York Time time on the next following Business Day Day, and (ii) with respect to the International Equity Fund and the Global Income Fund, the Trust receives actual and sufficient notice of such notice no later than 9:00 request by 9:30 a.m. New York time on such the next following Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The In the event the Company's order results in a net purchase of Trust shares, the Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment In the event that the Company's order results in a net redemption of Trust shares, payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds received by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but neither the Trust nor the Company shall be liable to the other for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Kilico Variable Separate Account 2)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an its agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) Accounts for shares of those Series or Classes made available hereunder, based on allocations transactions in units issued by an Account (or sub-account of amounts to the Account or subaccounts thereof an Account) under the Contracts, other transactions relating to the Contracts or the Account Accounts and customary processing of the Contractssuch transactions. Receipt of any such requests for transactions in Account (or effectuation of such transaction sub-account) units, or processing) other transactions relating to the Contracts or the Accounts, on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Eastern Time on the next following Business Day and (the Trust receives such notice no later than 9:00 a.m. New York time on such Business “Notice Day”). Such notice may be communicated by telephone facsimile to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimileTrust. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such sharesNotice Day. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York 2:00 pm Eastern Time on the day the Trust receives actual notice of the purchase request for Series or Class shares Notice Day (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's ’s receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company (or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit ), such funds normally to be transmitted by 6:00 p.m. New York Eastern Time on the same Business Notice Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (fe) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Wells Fargo Variable Trust)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an its agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) Accounts for shares of those Series or Classes made available hereunder, based on allocations transactions in units issued by an Account (or sub-account of amounts to the Account or subaccounts thereof an Account) under the Contracts, other transactions relating to the Contracts or the Account Accounts and customary processing of the Contractssuch transactions. Receipt of any such requests for transactions in Account (or effectuation of such transaction sub-account) units, or processing) other transactions relating to the Contracts or the Accounts, on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Eastern Time on the next following Business Day and (the Trust receives such notice no later than 9:00 a.m. New York time on such Business “Notice Day”). Such notice may be communicated by telephone facsimile to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimileTrust. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such sharesNotice Day. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York 2:00 pm Eastern Time on the day the Trust receives actual notice of the purchase request for Series or Class shares Notice Day (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the AccountAccounts). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's ’s receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company (or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit ), such funds normally to be transmitted by 6:00 p.m. New York Eastern Time on the same Business Notice Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (fe) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Annuity Investors Variable Account B)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the the’ limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New g:\ramch1\vit\paracipation agtsCM_Massvl 3 11/1/99 York Time)) shall constitute receipt by the Trust on that same Business Day, provided that (i) with respect to the Company uses its best efforts to provide International Equity Fund, the Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day Day, and (ii) with respect to all other Funds listed on Schedule 3, the Trust receives actual and sufficient notice of such notice no later than 9:00 a.m. request by 10:00 am. New York time on such Business Daytime. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's ’s receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's ’s general account shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall g:\ramch1\vit\paracipation agtsCM_Massvl 4 11/1/99 notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law. (g) The Trust will make available to the Company information concerning pending purchase and redemption transactions on any Business Day via the Internet or other means acceptable to both parties.

Appears in 1 contract

Samples: Participation Agreement (C M Life Variable Life Separate Account I)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf for Trust Shares by Owners of Schedule 1 Contracts to the extent such Owners make such requests indirectly through their purchase and redemption requests for units of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account for units of the Company) Schedule 2 Accounts or Schedule 3 Accounts). As a limited agent for shares the Trust, receipt of those Series or Classes made available hereunder, based on allocations requests for the purchase and redemption of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing units of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) Schedule 1 Accounts on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business business, as defined disclosed from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York TimeExchange)) , shall constitute receipt by the Trust on that same Business Day, provided Day of requests from such Schedule 1 Accounts for the purchase and redemption of Trust Shares necessary to facilitate such purchase and redemption of units of such Schedule 1 Accounts. This limited agency only extends to requests by the Schedule 1 Accounts for the purchase and redemption of Trust Shares that the Company uses Trust (or its best efforts to provide actual and sufficient notice of such request to the Trust transfer agent) receives by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice requests for the purchase and redemption of Trust Shares may be communicated by facsimile, electronic mail, or telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimilefacsimile or electronic mail. (b) The Company shall pay for shares of each Series or Class Trust Shares on the same day that it provides actual notice to the Trust of a purchase request for such sharesShares. Payment for Series or Class shares Trust Shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 6:00 p.m. New York Time on the that day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares Trust Shares of other Series or Classes effected pursuant to redemption requests tendered on that day by the Company on behalf of the AccountCompany). In no event may proceeds Proceeds from the redemption of shares Trust Shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day shall not be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on the same day. If federal funds are not received on time, issuance of the requested Trust Shares will be cancelled and such dayfunds will be applied to the purchase of Trust Shares as soon as practicable after receipt of such funds at the Share price next computed after receipt. If the issuance of shares Trust Shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and the Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares Trust Shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same Business Day after the Trust receives actual notice of the redemption order for Series or Class shares request (unless redemption proceeds are to be applied to the purchase of Trust shares Shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement). If mutually agreed upon by the parties, except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by Applicable Law and consistent with the 1940 ActTrust’s prospectus, any rules or regulations or orders thereunder, or the applicable Prospectuspayment for redeemed Trust Share may be made in assets other than cash. The Trust shall not bear any responsibility whatsoever be responsible for the proper disbursement or crediting of redemption proceeds by the Company; Company or the Accounts. The Trust shall not bear responsible for the proper disbursement or crediting of redemption proceeds by the Company alone shall be responsible for such actionor the Accounts. (d) Any purchase or redemption request for Series or Class shares Trust Shares held or to be held in by the Company's ’s general account shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, that payment for Trust shares so requested purchased is received by the Trust in Federal federal funds prior to the Trust’s close of business for determination of such valuebusiness, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the The Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all or the other designated persons party’s agents pursuant to such protocols and security procedures as the parties may agree uponupon from time to time. Should such information change thereafter, the The Trust and the Company, as applicable, shall notify the other in writing of any changes in such changes, observing the same protocols and security procedures, information at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein in this Section 2.3 are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or and by the requirements of applicable lawApplicable Law.

Appears in 1 contract

Samples: Participation Agreement (Coli Vul 2 Series Account)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the the’ limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that (i) with respect to the Company uses its best efforts to provide International Equity Fund, the Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day Day, and (ii) with respect to all other Funds listed on Schedule 3, the Trust receives actual and sufficient notice of such notice no later than 9:00 a.m. request by 10:00 am. New York time on such Business Daytime. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile.. [_____] 11/1/99 (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's ’s receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's ’s general account shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information., but the Trust shall not be liable to the Company for any breach of security. [_____] 11/1/99 (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law. (g) The Trust will make available to the Company information concerning pending purchase and redemption transactions on any Business Day via the Internet or other means acceptable to both parties.

Appears in 1 contract

Samples: Participation Agreement (C M Life Variable Life Separate Account I)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient notice of such request to the Trust by 8:30 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 p.m. New York Time on the same Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus; provided, however, that if the Trust fails to transmit such redemption proceeds by 6:00 p.m. New York Time on the same Business Day or the end of such Business Day and such failure is due to circumstances within the Trust's or the Distributor's control, the Distributor will pay interest to the Company equal to the amount of such proceeds multiplied by the current Federal funds rate on each day that delivery of the proceeds is overdue. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Farmers Annuity Separate Account A)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust its designee for the limited purpose of receiving purchase and redemption requests on behalf for Trust Shares under Schedule 1 Contracts resulting from purchase and redemption requests by Owners of Schedule 1 Contracts for units of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account for units of the Schedule 2 Accounts or Schedule 3 Accounts). Receipt by the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing as designee of the Contracts. Receipt Trust for this purpose, of any such requests (or effectuation for the purchase and redemption of such transaction or processing) units of the Schedule 1 Accounts on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business business, as defined disclosed from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York TimeExchange)) , shall constitute receipt by the Trust on that same Business Day, provided Day of requests from such Schedule 1 Accounts for the purchase and redemption of Trust Shares necessary to facilitate such purchase and redemption of units of such Schedule 1 Accounts. This limited agency only extends to requests by the Schedule 1 Accounts for the purchase and redemption of Trust Shares that the Company uses Trust (or its best efforts to provide actual and sufficient notice of such request to the Trust transfer agent) receives by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice Requests for the purchase and redemption of Trust Shares may be communicated (i) for manual processing, by facsimile, electronic mail, or telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimilefacsimile or electronic mail, or (ii) for NSCC processing, in accordance with Section 2.3(g) below. (b) The Company shall pay for shares of each Series or Class Trust Shares on the same day that it provides actual notice to the Trust of a purchase request for such sharesShares. Payment for Series or Class shares Trust Shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 4:00 p.m. New York Time on the that day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares Trust Shares of other Series or Classes effected pursuant to redemption requests tendered on that day by the Company on behalf of the AccountCompany). In no event may proceeds Proceeds from the redemption of shares Trust Shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day shall not be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on the same day. If federal funds are not received on time, issuance of the requested Trust Shares will be cancelled and such dayfunds will be applied to the purchase of Trust Shares as soon as practicable after receipt of such funds at the Share price next computed after receipt. If the issuance of shares Trust Shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and the Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of thereto and the Company and shall become the responsibility of the Trust. If Federal funds are not received be responsible for any impact on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was receivedContract Owners. (c) Payment for Series or Class shares Trust Shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 4:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares request (unless redemption proceeds are to be applied to the purchase of Trust shares Shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement). Notwithstanding the foregoing, except that the Trust reserves the right to redeem Series or Class shares Trust Shares in assets other than cash and to delay payment of redemption proceeds to the extent disclosed in the applicable Prospectus and permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable ProspectusApplicable Law. The Trust shall not bear any responsibility whatsoever be responsible for the proper disbursement or crediting of redemption proceeds by the Company; Company or the Company alone shall be responsible for such actionAccounts. (d) Any purchase or redemption request for Series or Class shares Trust Shares held or to be held by Schedule 2 Accounts, Schedule 3 Accounts, or in the Company's ’s general account account, shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, that payment for Trust shares so requested Shares purchased is received by the Trust in Federal federal funds prior to the Trust’s close of business for determination of such valuebusiness, as defined disclosed from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the The Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all or the other designated persons party’s agents pursuant to such protocols and security procedures as the parties may agree uponupon from time to time. Should such information change thereafter, the The Trust and the Company, as applicable, shall notify the other in writing of any changes in such changes, observing the same protocols and security procedures, information at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein in this Section 2.3 are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or and by the requirements of applicable lawApplicable Law.

Appears in 1 contract

Samples: Participation Agreement (Thrivent Variable Annuity Account I)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust its designee for the limited purpose of receiving purchase and redemption requests on behalf for Trust Shares under Schedule 1 Contracts resulting from purchase and redemption requests by Owners of Schedule 1 Contracts for units of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account for units of the Schedule 2 Accounts or Schedule 3 Accounts). Receipt by the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing as designee of the Contracts. Receipt Trust for this purpose, of any such requests (or effectuation for the purchase and redemption of such transaction or processing) units of the Schedule 1 Accounts on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business business, as defined disclosed from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York TimeExchange)) , shall constitute receipt by the Trust on that same Business Day, provided Day of requests from # 1286928 v.9 such Schedule 1 Accounts for the purchase and redemption of Trust Shares necessary to facilitate such purchase and redemption of units of such Schedule 1 Accounts. This limited agency only extends to requests by the Schedule 1 Accounts for the purchase and redemption of Trust Shares that the Company uses Trust (or its best efforts to provide actual and sufficient notice of such request to the Trust transfer agent) receives by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice requests for the purchase and redemption of Trust Shares may be communicated by facsimile, electronic mail, or telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimilefacsimile or electronic mail. (b) The Company shall pay for shares of each Series or Class Trust Shares on the same day that it provides actual notice to the Trust of a purchase request for such sharesShares. Payment for Series or Class shares Trust Shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 12:00 p.m. New York Time on the that day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares Trust Shares of other Series or Classes effected pursuant to redemption requests tendered on that day by the Company on behalf of the AccountCompany). In no event may proceeds Proceeds from the redemption of shares Trust Shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day shall not be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on the same day. If federal funds are not received on time, issuance of the requested Trust Shares will be cancelled and such dayfunds will be applied to the purchase of Trust Shares as soon as practicable after receipt of such funds at the Share price next computed after receipt. If the issuance of shares Trust Shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and the Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of thereto and the Company and shall become the responsibility of the Trust. If Federal funds are not received be responsible for any impact on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was receivedContract Owners. (c) Payment for Series or Class shares Trust Shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares request (unless redemption proceeds are to be applied to the purchase of Trust shares Shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement). Notwithstanding the foregoing, except that the Trust reserves the right to redeem Series or Class shares Trust Shares in assets other than cash and to delay payment of redemption proceeds to the extent disclosed in the applicable Prospectus and permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable ProspectusApplicable Law. The Trust shall not bear any responsibility whatsoever be responsible for the proper disbursement or crediting of redemption proceeds by the Company; Company or the Company alone shall be responsible for such actionAccounts. (d) Any purchase or redemption request for Series or Class shares Trust Shares held or to be held by Schedule 2 Accounts, Schedule 3 Accounts, or in the Company's general account account, shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, that payment for Trust shares so requested Shares purchased is received by the Trust in Federal federal funds prior to the Trust's close of business for determination of such valuebusiness, as defined disclosed from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the The Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all or the other designated persons # 1286928 v.9 party's agents pursuant to such protocols and security procedures as the parties may agree uponupon from time to time. Should such information change thereafter, the The Trust and the Company, as applicable, shall notify the other in writing of any changes in such changes, observing the same protocols and security procedures, information at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein in this Section 2.3 are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or and by the requirements of applicable lawApplicable Law.

Appears in 1 contract

Samples: Participation Agreement (Brighthouse Fund UL for Variable Life Insurance)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 8:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be he communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this AgreementTrust, and shall be he confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 p.m. 12:00 noon New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be he invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Pruco Life Variable Universal Account)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an its agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) Accounts for shares of those Series or Classes made available hereunder, based on allocations transactions in units issued by an Account (or sub-account of amounts to the Account or subaccounts thereof an Account) under the Contracts, other transactions relating to the Contracts or the Account Accounts and customary processing of the Contractssuch transactions. Receipt of any such requests for transactions in Account (or effectuation of such transaction sub-account) units, or processing) other transactions relating to the Contracts or the Accounts, on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide Trust receives actual and sufficient notice of such request to the Trust by 8:30 9:00 a.m. New York Time on the next following Business Day and (the Trust receives such notice no later than 9:00 a.m. New York time on such Business "Notice Day"). Such notice may be communicated by telephone facsimile to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimileTrust. (b) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by requirements of applicable law. (c) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to the Trust of a purchase request for such sharesNotice Day. Payment for Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 2:00 p.m. New York Time on the day the Trust receives actual notice of the purchase request for Series or Class shares Notice Day (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (cd) Payment for Series or Class shares redeemed by the Account Accounts or the Company shall be made in Federal federal funds transmitted by wire to the Company (or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit ), such funds normally to be transmitted by 6:00 3:00 p.m. New York Time on the same Business Notice Day after the Trust receives actual notice of the redemption order for Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Hartford Life Insurance Co Separate Account Seven)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust its designee for the limited purpose of receiving purchase and redemption requests on behalf for Trust Shares under Schedule 1 Contracts resulting from purchase and redemption requests by Owners of Schedule 1 Contracts for units of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account for units of the Schedule 2 Accounts or Schedule 3 Accounts). Receipt by the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing as designee of the Contracts. Receipt Trust for this purpose, of any such requests (or effectuation for the purchase and redemption of such transaction or processing) units of the Schedule 1 Accounts on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business business, as defined disclosed from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York TimeExchange)) , shall constitute receipt by the Trust on that same Business Day, provided Day of requests from such Schedule 1 Accounts for the purchase and redemption of Trust Shares necessary to facilitate such purchase and redemption of units of such Schedule 1 Accounts. This limited agency only extends to requests by the Schedule 1 Accounts for the purchase and redemption of Trust Shares that the Company uses Trust (or its best efforts to provide actual and sufficient notice of such request to the Trust transfer agent) receives by 8:30 10:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice Requests for the purchase and redemption of Trust Shares may be communicated (i) for manual processing, by facsimile, electronic mail, or telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimilefacsimile or electronic mail, or (ii) for NSCC processing, in accordance with Section 2.3(g) below. (b) The Company shall pay for shares of each Series or Class Trust Shares on the same day that it provides actual notice to the Trust of a purchase request for such sharesShares. Payment for Series or Class shares Trust Shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 2:00 p.m. New York Time on the that day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares Trust Shares of other Series or Classes effected pursuant to redemption requests tendered on that day by the Company on behalf of the AccountCompany). In no event may proceeds Proceeds from the redemption of shares Trust Shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day shall not be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on the same day. If federal funds are not received on time, issuance of the requested Trust Shares will be cancelled and such dayfunds will be applied to the purchase of Trust Shares as soon as practicable after receipt of such funds at the Share price next computed after receipt. If the issuance of shares Trust Shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and the Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of thereto and the Company and shall become the responsibility of the Trust. If Federal funds are not received be responsible for any impact on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was receivedContract Owners. (c) Payment for Series or Class shares Trust Shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares request (unless redemption proceeds are to be applied to the purchase of Trust shares Shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement). Notwithstanding the foregoing, except that the Trust reserves the right to redeem Series or Class shares Trust Shares in assets other than cash and to delay payment of redemption proceeds to the extent disclosed in the applicable Prospectus and permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable ProspectusApplicable Law. The Trust shall not bear any responsibility whatsoever be responsible for the proper disbursement or crediting of redemption proceeds by the Company; Company or the Company alone shall be responsible for such actionAccounts. (d) Any purchase or redemption request for Series or Class shares Trust Shares held or to be held by Schedule 2 Accounts, Schedule 3 Accounts, or in the Company's ’s general account account, shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, that payment for Trust shares so requested Shares purchased is received by the Trust in Federal federal funds prior to the Trust’s close of business for determination of such valuebusiness, as defined disclosed from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the The Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all or the other designated persons party’s agents pursuant to such protocols and security procedures as the parties may agree uponupon from time to time. Should such information change thereafter, the The Trust and the Company, as applicable, shall notify the other in writing of any changes in such changes, observing the same protocols and security procedures, information at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein in this Section 2.3 are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or and by the requirements of applicable lawApplicable Law.

Appears in 1 contract

Samples: Participation Agreement (Separate Account a of Pacific Life & Annuity Co)

Purchase and Redemption Procedures. (a) The Trust ADAMA hereby appoints appoints, or shall cause the Company to be appointed as an agent of the each Trust for the limited purpose of receiving and accepting purchase and redemption requests on behalf of the Account (but not with respect to any Trust Portfolio shares that may be held in the general account of the Company) for shares of those Series or Classes Designated Portfolios made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, Contracts and other transactions relating to the Contracts or the Account and customary processing of the ContractsAccount. Receipt and acceptance of any such requests request (or effectuation of such transaction or processingrelevant transactional information therefor) on any day the New York Stock Exchange is open for trading and on which a Designated Portfolio calculates its net asset value (a “Business Day Day”) pursuant to the rules of the Securities and Exchange Commission (“SEC”), by the Company as such limited agent of the each Trust prior to the Trust's close of business time that such Trust ordinarily calculates its net asset value as defined described from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York Time)) Trust’s prospectus shall constitute receipt and acceptance by the Trust Designated Portfolio on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient such Trust receives notice of such request to the Trust by 8:30 9:00 a.m. New York Eastern Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile. (b) The Company shall pay for shares of each Series or Class Designated Portfolio on the same day Business Day that it provides actual notice to the Trust notifies ADAMA of a purchase request for such shares. Payment for Series or Class Designated Portfolio shares shall be made in Federal federal funds transmitted to the applicable Trust or other designated person by wire to be received by the Trust by 3:30 3:00 p.m. New York Eastern Time on the day Business Day the applicable Trust receives actual notice is notified of the purchase request for Series or Class Designated Portfolio shares (unless the Trust ADAMA determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account, or unless ADAMA otherwise determines and so advises the Company to delay the date of payment, to the extent the Trust may do so under the 1940 Act). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely receivedreceived on time, such funds will be invested, and Designated Portfolio shares purchased thereby will be issued, as soon as practicable and the Company shall indemnify promptly, upon the respective Fund and Distributor with respect to all ADAMA’s request, reimburse the Trust for any charges, costs, fees, interest or other expenses and losses relating theretoincurred by the Trust in connection with any advances to, or borrowing or overdrafts by, the Trust, or any similar expenses incurred by the Trust, as a result of portfolio transactions effected by the Trust based upon such purchase request. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was receivedADAMA. (c) Payment ADAMA shall cause the applicable Trust to pay for Series or Class Designated Portfolio shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other designated person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 3 p.m. New York Eastern Time on the same Business Day after the such Trust receives actual notice is properly notified of the redemption order for Series or Class of such shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes Designated Portfolios in accordance with Section 2.3(b1.3(b) of this Agreement), except that the each Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by under Section 22(e) of the 1940 Act, Act and any rules or regulations or orders thereunder, or and in accordance with the procedures and policies of the applicable ProspectusTrust as described in the then-current prospectus. The Neither Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds to the Contract by the Company; : the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class Designated Portfolio shares held or to be held in the Company's ’s general account shall be effected at the net asset value per share next determined after the applicable Trust's actual ’s receipt and acceptance of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the applicable Trust in Federal federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or Classapplicable Trust’s prospectus. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (SBL Variable Annuity Account Xiv)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the sole and limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Designated Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, Contracts and other transactions relating to the Contracts or the Account and customary processing of the ContractsAccount. Receipt of any such requests (or effectuation of such transaction or processing) on any Business Day by the Company as such limited agent of the Trust of any such request (or relevant transactional information therefor) that is in good order on any day the New York Stock Exchange is open for trading and on which the Trust calculates the net asset value per share of the Designated Series pursuant to the rules of the SEC (a “Business Day”) prior to the Trust's close of business time that the Trust calculates such net asset values per share as defined described from time to time in the applicable Prospectus for Trust’s statutory prospectus, as such Series or Class term is defined in Rule 498 under the 1933 Act (which as of the date of execution of this Agreement is defined ordinarily as of the close of regular trading on the New York Stock Exchange (normally Exchange, or 4:00 p.m. New York Eastern Time)(the “Valuation Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient the Trust or its designated agent notice of such request to the Trust by 8:30 9:00 a.m. New York Eastern Time on the next following Business Day Day. The Trust will confirm receipt of each trade (ending share balances by account and the Trust receives such notice no later than 9:00 a.m. Series) by 1:00 p.m. New York time on such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by day the trade is placed with the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimile(using a mutually agreed upon format). (b) The Company shall pay for shares of each Designated Series or Class on the same day that it provides actual notice to notifies the Trust of a purchase request for such shares. Payment for purchased Designated Series or Class shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 4:00 p.m. New York Eastern Time on the day Business Day the Trust receives actual notice is notified of the purchase request for Designated Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption which request may be net of shares redemptions of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Accountsuch shares). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal federal funds are not timely receivedreceived on time, such funds will be invested, and Designated Series shares purchased thereby will be issued, as soon as practicable and the Company shall indemnify promptly, upon the respective Fund and Distributor with respect to all Trust’s request, reimburse the Trust for any charges, costs, fees, interest or other expenses and losses relating theretoincurred by the Trust in connection with any advances to, or borrowing or overdrafts by, the Trust, or any similar expenses incurred by the Trust, as a result of portfolio transactions effected by the Trust based upon such purchase request. Upon the Trust's receipt of Federal federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Designated Series or Class shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly duly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 p.m. New York Time Company on the same next Business Day after the Trust receives actual notice is properly notified of the redemption order for Series or Class of such shares (unless which order may be net of any purchase orders). The Trust may satisfy a redemption proceeds are order from the Company by an in-kind distribution of securities of a Series (each a “Redemption In Kind”), as contemplated in the then current statutory prospectus and/or statement of additional information (“SAI”), only if the Redemption In Kind is permitted in connection with an exemptive order from the SEC pursuant to be applied Section 26(c) of the 1940 Act (the “Substitution Order”) obtained by the Company, and all parties to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that Substitution Order agree to such Redemption In Kind. In such cases the Trust reserves and the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds Adviser to the extent permitted by Trust agree to use reasonable efforts to cooperate with the 1940 Act, any rules or regulations or orders thereunder, or Company in obtaining the applicable ProspectusSubstitution Order. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Designated Series or Class shares held or to be held in the Company's ’s general account shall be effected at the net asset value per share next determined after the Trust's actual ’s receipt of such requestrequest in good order, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal federal funds prior to close of business on the applicable Business Day for determination of such value, as defined from time to time in the Prospectus for such Series or ClassTrust’s statutory prospectus. (e) Prior The Company shall not redeem shares of the Designated Series attributable to the first purchase Contracts (as opposed to shares of the Designated Series attributable to the Company’s assets held in the Account) except (i) as necessary to implement Contract owner initiated or approved transactions, (ii) as required by state and/or federal laws or regulations or judicial or other legal precedent of general application (hereinafter referred to as a “Legally Required Redemption”), (iii) as permitted by an order of the SEC pursuant to Section 26(c) of the 1940 Act or any Trust other no action relief, but only if a substitution of other securities for the shares hereunderof the Designated Series is consistent with the terms of the Contracts, or (iv) as otherwise permitted under the terms of the Contracts. Upon request, the Company and will promptly furnish to the Trust reasonable assurance that any redemption pursuant to clause (ii) above is a Legally Required Redemption. Furthermore, except in cases where permitted under the terms of the Contracts, the Company shall provide not prevent Contract owners from allocating payments to a Designated Series that was otherwise available under the Contracts and shall use its best efforts to first give the Trust 30 days notice of its intention to do so. The Trust shall use its best efforts to make the net asset value per share for each other with all information necessary to effect wire transmissions of Federal funds Designated Series (or class thereof) available to the other party Company by 7:00 p.m. Eastern Time each Business Day, and all other designated persons in any event, as soon as reasonably practicable after the net asset value per share for such Designated Series or class thereof is calculated, and shall calculate such net asset value in accordance with the Trust’s statutory prospectus. None of the Trust, any Designated Series, the Distributor, or any of their affiliates shall be liable for any information provided to the Company pursuant to such protocols and security procedures as this Agreement which information is based on incorrect information supplied by the parties may agree upon. Should such information change thereafter, Company or any other Participating Insurance Company to the Trust and or the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such informationDistributor. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Virtus Variable Insurance Trust)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Trust shares that may be held in the general account of the Company) for shares of those Series or Classes made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts, Contracts and other transactions relating to the Contracts or the Account and customary processing of the ContractsAccount. Receipt of any such requests request (or effectuation of such transaction or processingrelevant transactional information therefore) on any Business Day by the Company as such limited agent of the Trust prior to the Trust's close of business as defined from time to time in the applicable Trust Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 4 p.m. New York Eastern Time)) shall constitute receipt by the Trust on that same Business Day, provided that the Company uses its best efforts to provide actual and sufficient Trust receives notice of such request to the Trust by 8:30 10 a.m. New York Eastern Time on the next following Business Day and Day. If the Trust receives does not receive such notice no later than 9:00 a.m. New York time on request by this time, such Business Day. Such notice may be communicated by telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and request shall be confirmed by facsimileconsidered effective for the next business day. (b) The Company shall pay for shares of each Series or Class on the same day that it provides actual notice to notifies the Trust of a purchase request for such shares. Payment for Series or Class shares shall be made in Federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 4 p.m. New York Eastern Time on the day the Trust receives actual notice is notified of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares of other Series or Classes effected pursuant to redemption requests tendered by the Company on behalf of the Account). In no event may proceeds from the redemption of shares requested pursuant to an order received by the Company after the Trust's close of business on any Business Day be applied to the payment for shares for which a purchase order was received prior to the Trust's close of business on such day. If the issuance of shares is canceled because Federal funds are not timely receivedreceived on time, the Company shall indemnify the respective Fund such funds will be invested, and Distributor with respect to all costsSeries shares purchased thereby will be issued, expenses and losses relating theretoas soon as practicable. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt by 4 p.m. Eastern Time the day the Trust is notified of such funds but in any event not on the same day that the purchase order was receivedrequest, the funds and request shall be considered effective for the next business day. (c) Payment for Series or Class shares redeemed by the Account or the Company shall be made in Federal funds transmitted by wire to the Company or any other designated person properly designated in writing by the Company. The Trust shall use its best efforts to transmit such funds by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice is properly notified of the redemption order for of Series or Class shares (unless redemption proceeds are to be applied to the purchase of Trust shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement), except that the Trust reserves the right to redeem Series or Class shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted by under Section 22(e) of the 1940 Act, any rules or regulations or orders thereunder, or the applicable Prospectus0000 Xxx. The Trust shall not bear any responsibility whatsoever for the proper disbursement or crediting of or redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Series or Class shares held or to be held in the Company's general account shall be effected at the net asset value per share next determined after the Trust's actual receipt of such request, provided that, in the case of a purchase request, payment for Trust shares so requested is received by the Trust in Federal funds prior to close of business for determination of such value, as defined from time to time in the Prospectus for such Series or ClassTrust Prospectus. (e) Prior to the first purchase of any Trust shares hereunder, the Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal funds to the other party and all other designated persons pursuant to such protocols and security procedures as the parties may agree upon. Should such information change thereafter, the Trust and the Company, as applicable, shall notify the other in writing of such changes, observing the same protocols and security procedures, at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information. (f) The procedures set forth herein are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or by the requirements of applicable law.

Appears in 1 contract

Samples: Participation Agreement (Allstate Financial Advisors Separate Account I)

Purchase and Redemption Procedures. (a) The Trust hereby appoints the Company as an agent of the Trust for the limited purpose of receiving purchase and redemption requests on behalf for Trust Shares by Owners of Schedule 1 Contracts to the extent such Owners make such requests indirectly through their purchase and redemption requests for units of the Account Schedule 1 Accounts (but not with respect to any Trust shares that may be held in the general account for units of the Company) Schedule 2 Accounts or Schedule 3 Accounts). As a limited agent for shares the Trust, receipt of those Series or Classes made available hereunder, based on allocations requests for the purchase and redemption of amounts to the Account or subaccounts thereof under the Contracts, other transactions relating to the Contracts or the Account and customary processing units of the Contracts. Receipt of any such requests (or effectuation of such transaction or processing) Schedule 1 Accounts on any Business Day by the Company as such limited agent of the Trust prior to the Trust's ’s close of business business, as defined disclosed from time to time in the applicable Prospectus for such Series or Class (which as of the date of execution of this Agreement is defined as the close of regular trading on the New York Stock Exchange (normally 4:00 p.m. New York TimeExchange)) , shall constitute receipt by the Trust on that same Business Day, provided Day of requests from such Schedule 1 Accounts for the purchase and redemption of Trust Shares necessary to facilitate such purchase and redemption of units of such Schedule 1 Accounts. This limited agency only extends to requests by the Schedule 1 Accounts for the purchase and redemption of Trust Shares that the Company uses Trust (or its best efforts to provide actual and sufficient notice of such request to the Trust transfer agent) receives by 8:30 9:00 a.m. New York Time on the next following Business Day and the Trust receives such notice no later than 9:00 a.m. New York time on such Business Day. Such notice requests for the purchase and redemption of Trust Shares may be communicated by facsimile, electronic mail, or telephone to the office or person designated for such notice by the Trust as indicated on Schedule 5 to this Agreement, and shall be confirmed by facsimilefacsimile or electronic mail. (b) The Company shall pay for shares of each Series or Class Trust Shares on the same day that it provides actual notice to the Trust of a purchase request for such sharesShares. Payment for Series or Class shares Trust Shares shall be made in Federal federal funds transmitted to the Trust by wire to be received by the Trust by 3:30 12:00 p.m. New York Time on the that day the Trust receives actual notice of the purchase request for Series or Class shares (unless the Trust determines and so advises the Company that sufficient proceeds are available from redemption of shares Trust Shares of other Series or Classes effected pursuant to redemption requests tendered on that day by the Company on behalf of the AccountCompany). In no event may proceeds Proceeds from the redemption of shares Trust Shares requested pursuant to an order received by the Company after the Trust's ’s close of business on any Business Day shall not be applied to the payment for shares for which a purchase order was received prior to the Trust's ’s close of business on the same day. If federal funds are not received on time, issuance of the requested Trust Shares will be cancelled and such dayfunds will be applied to the purchase of Trust Shares as soon as practicable after receipt of such funds at the Share price next computed after receipt. If the issuance of shares Trust Shares is canceled because Federal federal funds are not timely received, the Company shall indemnify the respective Fund and the Distributor with respect to all costs, expenses and losses relating thereto. Upon the Trust's receipt of Federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Trust. If Federal funds are not received on time, such funds will be invested, and Series or Class shares purchased thereby will be issued, as soon as practicable after actual receipt of such funds but in any event not on the same day that the purchase order was received. (c) Payment for Series or Class shares Trust Shares redeemed by the Account or the Company shall be made in Federal federal funds transmitted by wire to the Company or any other person properly designated in writing by the Company. The Trust shall use its best efforts to transmit , such funds normally to be transmitted by 6:00 p.m. New York Time on the same next Business Day after the Trust receives actual notice of the redemption order for Series or Class shares request (unless redemption proceeds are to be applied to the purchase of Trust shares Shares of other Series or Classes in accordance with Section 2.3(b) of this Agreement). Notwithstanding the foregoing, except that the Trust reserves the right to redeem Series or Class shares Trust Shares in assets other than cash and to delay payment of redemption proceeds to the extent disclosed in the applicable Prospectus and permitted by the 1940 Act, any rules or regulations or orders thereunder, or the applicable ProspectusApplicable Law. The Trust shall not bear any responsibility whatsoever responsible for the proper disbursement or crediting of redemption proceeds by the Company; Company or the Company alone shall be responsible for such actionAccounts. (d) Any purchase or redemption request for Series or Class shares Trust Shares held or to be held by Schedule 2 Accounts, Schedule 3 Accounts, or in the Company's ’s general account account, shall be effected at the net asset value per share next determined after the Trust's ’s actual receipt of such request, provided that, in the case of a purchase request, that payment for Trust shares so requested Shares purchased is received by the Trust in Federal federal funds prior to the Trust’s close of business for determination of such valuebusiness, as defined disclosed from time to time in the Prospectus for such Series or Class. (e) Prior to the first purchase of any Trust shares hereunder, the The Company and the Trust shall provide each other with all information necessary to effect wire transmissions of Federal federal funds to the other party and all or the other designated persons party’s agents pursuant to such protocols and security procedures as the parties may agree uponupon from time to time. Should such information change thereafter, the The Trust and the Company, as applicable, shall notify the other in writing of any changes in such changes, observing the same protocols and security procedures, information at least three Business Days in advance of when such change is to take effect. The Company and the Trust shall observe customary procedures to protect the confidentiality and security of such information, but the Trust shall not be liable to the Company for any breach of security. (f) The procedures set forth herein in this Section 2.3 are subject to any additional terms set forth in the applicable Prospectus for the Series or Class or and by the requirements of applicable lawApplicable Law.

Appears in 1 contract

Samples: Participation Agreement (Jefferson National Life Annuity Account G)

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