Common use of Purchase and Redemption Procedures Clause in Contracts

Purchase and Redemption Procedures. The Underwriter hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund's transfer agent at the net asset value determined as of the close of trading on that same Business Day, provided that the transfer agent receives notice of such request by 9:30 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above or in any other agreement between the parties, Company shall not be, nor hold itself out to the public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any of their respective affiliates.

Appears in 1 contract

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

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Purchase and Redemption Procedures. The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Merrill Lynch, Pierce, Xxxxxx Fenner & XxxxxSmith, Inc. ("Omnibus Accounts"). Any Xxxxxxt of any such request rexxxxx (or relevant xxxxvant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the transfer agent Fund receives notice of such request by 9:30 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 6:30 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. Except as provided above If for any reason Merrill Lynch is unable to transmit the file(s) with respect to axx Xxxxnxxx Xay, Merrill Lynch will notify the Fund or in any other agreement between the parties, Company shall not be, nor hold itself out to the public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any of their respective affiliatesits designee by 9:00 a.m. EX xx xxe xxxx following Business Day.

Appears in 1 contract

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

Purchase and Redemption Procedures. The Underwriter Funds hereby appoints appoint the Company as its an agent of the Funds for the limited purpose of receiving purchase and redemption requests on behalf of from the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. Under no circumstances will the Company change, alter or manipulate any instruction received by it in good order. All transactions in Account shares Shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the a Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the transfer agent Fund receives notice of such request by 9:30 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 9:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Funds or its their designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan Account prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. Except If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Funds or their designee by 9:00 a.m. ET on the next following Business Day. Each purchase and redemption order transmitted by the Company will constitute a representation by the Company that such order was based on instructions and Contract owner level transactions that the Company received and accepted as provided above or being in any other agreement between good order no later than the partiesclose of trading on the prior Business Day, Company shall not be, nor hold itself out to and that the public or engage in any activity as an agent or distributor for order included all instructions and Contract owner level transactions so received by the Funds, the Underwriter or any of their respective affiliatesCompany.

Appears in 1 contract

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

Purchase and Redemption Procedures. (a) The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value ("Close of Trading") as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that (i) transaction instructions relating to the transfer agent Account or subaccounts thereof are received in proper form by the Company by the Close of Trading on that Business Day; and (ii) the Fund receives notice of such request by 9:30 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Instructions received in proper form by the Company at or after the Close of Trading on any given Business Day shall be treated as if received on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive such purchase and redemption requests from Company on behalf of the Account by 9:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Transfer Agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Fund of a purchase request for such Shares. Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any other agreement between provision of this Agreement to the partiescontrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Fund will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company's affiliate's proprietary Inventory Control System ("ICS"). (c) To the extent practicable, payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company on the next Business Day after the Fund is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Portfolios in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. The Fund shall not be, nor hold itself out to the public or engage in bear any activity as an agent or distributor responsibility whatsoever for the Funds, proper disbursement or crediting of redemption proceeds by the Underwriter Company; the Company alone shall be responsible for such action. (d) Any purchase or any redemption request for Shares held or to be held in the Company's general account shall be effected at the closing net asset value per share next determined after the Fund's receipt of their respective affiliatessuch request as set forth in Section 1.3(a) herein.

Appears in 1 contract

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

Purchase and Redemption Procedures. The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the transfer agent Fund receives notice of such request by 9:30 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. [To be confirmed with Xxxxxx operations] Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Fund or in any other agreement between its designee by 11:00 a.m. ET on the parties, Company shall not be, nor hold itself out to the public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any of their respective affiliatesnext following Business Day.

Appears in 1 contract

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

Purchase and Redemption Procedures. (a) The Underwriter Transfer Agent hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Accounts").Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund's transfer agent Transfer Agent at the net asset value determined as of the close of trading on that same Business Day, provided that the transfer agent Transfer Agent receives notice of such request by 9:30 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive purchase and redemption requests from Company on behalf of the Account by 6:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Transfer Agent or its designee by 10:00 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 4:00 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Transfer Agent determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Funds effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company's affiliate's proprietary Inventory Control System ("ICS"). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other agreement between designated person on the parties, Company shall not be, nor hold itself out next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the public or engage purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any activity Rules thereunder, and in accordance with the procedures and policies of the Fund as an agent or distributor described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the Funds, proper disbursement or crediting of redemption proceeds by the Underwriter Company; the Company alone shall be responsible for such action. (d) Any purchase or any redemption request for Shares held or to be held in the Company's general account shall be effected at the closing net asset value per share next determined after the Transfer Agent's receipt of their respective affiliatessuch request as set forth in Section 1.3(a) herein.

Appears in 1 contract

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

Purchase and Redemption Procedures. (a) The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's ’s affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any ”) Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the transfer agent Fund receives notice of such request by 9:30 9:00 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive purchase and redemption requests from Company on behalf of the Account by 7:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" of record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Fund or its designee by 10:00 a.m. ET on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Fund of a purchase request for such Shares. Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other agreement between designated person on the partiesnext Business Day after the Fund is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Portfolios in accordance with Section 1.3(b) of this Agreement), Company except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. The Fund shall not be, nor hold itself out to the public or engage in bear any activity as an agent or distributor responsibility whatsoever for the Funds, proper disbursement or crediting of redemption proceeds by the Underwriter Company; the Company alone shall be responsible for such action. (d) Any purchase or any redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Fund’s receipt of their respective affiliatessuch request as set forth in Section 1.3 (a) herein.

Appears in 1 contract

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

Purchase and Redemption Procedures. (a) The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the transfer agent Fund receives notice of such request by 9:30 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above If for any reason Company or in its affiliate is unable to transmit the file(s) with respect to any other agreement between the partiesBusiness Day, Company or its affiliate will notify the Transfer Agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day and provided that Company or its affiliate notify the Transfer Agent or its designee, the value of such Shares shall be calculated at the net asset value determined as of the close of trading on that prior Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Fund of a purchase request for such Shares. Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Fund or its designee will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company's affiliate's proprietary Inventory Control System ("ICS"). (c) To the extent practicable, payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company on the next Business Day after the Fund is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Portfolios in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. The Fund shall not be, nor hold itself out to the public or engage in bear any activity as an agent or distributor responsibility whatsoever for the Funds, proper disbursement or crediting of redemption proceeds by the Underwriter Company; the Company alone shall be responsible for such action. (d) Any purchase or any redemption request for Shares held or to be held in the Company's general account shall be effected at the closing net asset value per share next determined after the Fund's receipt of their respective affiliatessuch request as set forth in Section 1.3(a) herein.

Appears in 1 contract

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

Purchase and Redemption Procedures. The Underwriter Adviser hereby appoints the Company as its an agent of the Funds for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's ’s affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its Funds calculate their net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Funds prior to the time that the Fund Funds ordinarily calculates its their net asset value as described from time to time in the Fund Prospectus Prospectuses (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Funds on that same Business Day, provided that the transfer agent receives Funds receive notice of such request by 9:30 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company Such request will provide be submitted to the Transfer Agent Funds or its designee via by initiating one or more order files through the NSCC Fund SERV DCC & S DCC&S platform by 6:00 a.m. ET (which utilizes the "as of" of record layout within Fund/SERV) one or more files detailing which will detail the instructions received with respect to each Plan the Designated Portfolios prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. Except If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Funds or their designee as provided above or in any other agreement between such by 9:30 a.m. ET on the parties, Company shall not be, nor hold itself out to next following Business Day and submit the public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any of their respective affiliatesorder by 11:00 a.m. ET that day.

Appears in 1 contract

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

Purchase and Redemption Procedures. The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares on behalf of the Accounts shall be executed through the Omnibus Accounts omnibus accounts of Company's affiliate Xxxxxxx Merrill Lynch, Pierce, Xxxxxx Fenner & XxxxxSmith, Inc. ("Omnibus Accounts"). Any Xxxxxpt of any such request rxxxxxx (or relevant ox xxxevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the a Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Fund's Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the transfer agent Fund receives notice of such request by 9:30 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 9:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the FundsFund. Except as provided above If for any reason Merrill Lynch is unable to transmit the file(s) with respect to xxx Xxxixxxx Day, Merrill Lynch will notify the Fund or in any other agreement between the parties, Company shall not be, nor hold itself out to the public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any of their respective affiliatesits designee by 9:00 a.m. XX xx xhx xxxt following Business Day.

Appears in 1 contract

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

Purchase and Redemption Procedures. The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's ’s affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund's transfer agent Underwriter at the net asset value determined as of the close of trading on that same Business Day, provided that the transfer agent Underwriter receives notice of such request by 9:30 9:00 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive such purchase and redemption requests from Company on behalf of the Account by 6:30 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Underwriter or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" of record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above If for any reason Company or in its affiliate is unable to transmit the file(s) with respect to any other agreement between the partiesBusiness Day, Company shall not be, nor hold itself out to the public or engage in any activity as an agent or distributor for the Funds, its affiliate will notify the Underwriter or any of their respective affiliatesits designee by 11:00 a.m. Eastern Time on the next following Business Day.

Appears in 1 contract

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

Purchase and Redemption Procedures. The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Merrill Lynch, Pierce, Xxxxxx Fenner & XxxxxSmith, Inc. ("Omnibus Accounts"). Any such request xxxx xequest (or relevant transactional relevxxx xxansxxxxxnal information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund's transfer agent Underwriter at the net asset value determined as of the close of trading on that same Business Day, provided that the transfer agent Underwriter receives notice of such request by 9:30 9:00 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive such purchase and redemption requests from Company on behalf of the Account by 6:30 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Underwriter or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above If for any reason Company or in its affiliate is unable to transmit the file(s) with respect to any other agreement between the partiesBusiness Day, Company shall not be, nor hold itself out to the public or engage in any activity as an agent or distributor for the Funds, its affiliate will notify the Underwriter or any of their respective affiliatesits designee by 11:00 a.m. Eastern Time on the next following Business Day.

Appears in 1 contract

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

Purchase and Redemption Procedures. The Underwriter hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the transfer agent Fund receives notice of such request by 9:30 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Fund or in any other agreement between its designee by 11:00 a.m. ET on the parties, Company shall not be, nor hold itself out to the public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any of their respective affiliatesnext following Business Day.

Appears in 1 contract

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

Purchase and Redemption Procedures. (a) The Underwriter Transfer Agent hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's ’s affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Accounts”).Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund's transfer agent Transfer Agent at the net asset value determined as of the close of trading on that same Business Day, provided that the transfer agent Transfer Agent receives notice of such request by 9:30 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive purchase and redemption requests from Company on behalf of the Account by 6:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" of record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Transfer Agent or its designee by 10:00 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 4:00 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Transfer Agent determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Funds effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other agreement between designated person on the parties, Company shall not be, nor hold itself out next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the public or engage purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any activity Rules thereunder, and in accordance with the procedures and policies of the Fund as an agent or distributor described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the Funds, proper disbursement or crediting of redemption proceeds by the Underwriter Company; the Company alone shall be responsible for such action. (d) Any purchase or any redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of their respective affiliatessuch request as set forth in Section 1.3(a) herein.

Appears in 1 contract

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

Purchase and Redemption Procedures. (a) The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's ’s affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any such request (or relevant transactional information therefortherefore) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund's transfer agent Transfer Agent at the net asset value determined as of the close of trading on that same Business Day, provided that the transfer agent Transfer Agent receives notice of such request by 9:30 9:00 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Transfer Agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Fund of a purchase request for such Shares. Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Underwriter. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Underwriter, on behalf of the Fund, will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Fund’s transfer and shareholder servicing agent, Xxxxxx Fiduciary Trust Company (“PFTC”) will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other agreement between designated person on the parties, Company shall not be, nor hold itself out next Business Day after PFTC is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the public or engage purchase of Shares of other Designated Portfolios in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any activity Rules there under, and in accordance with the procedures and policies of the Fund as an agent or distributor for described in the Funds, then current prospectus. Neither the Underwriter Fund or any of their respective affiliatesits affiliates 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 Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Underwriter’s receipt of such request as set forth in Section 1.3 (a) herein.

Appears in 1 contract

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

Purchase and Redemption Procedures. The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the transfer agent Fund receives notice of such request by 9:30 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 10 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Fund or in any other agreement between its designee by 10:00 a.m. ET on the parties, Company shall not be, nor hold itself out to the public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any of their respective affiliatesnext following Business Day.

Appears in 1 contract

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

Purchase and Redemption Procedures. The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the transfer agent Fund receives notice of such request by 9:30 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Fund or in any other agreement between its designee by 11:00 a.m. ET on the parties, Company shall not be, nor hold itself out to the public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any of their respective affiliates.next following Business Day

Appears in 1 contract

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

Purchase and Redemption Procedures. The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the transfer agent Fund receives notice of such request by 9:30 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive such purchase and redemption requests from Company on behalf of the Account by 9:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Transfer Agent or in any other agreement between its designee by 11:00 a.m. Eastern Time on the parties, Company shall not be, nor hold itself out to the public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any of their respective affiliatesnext following Business Day.

Appears in 1 contract

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

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Purchase and Redemption Procedures. The Underwriter hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's ’s affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund's ’s transfer agent at the net asset value determined as of the close of trading on that same Business Day, provided that the transfer agent receives notice of such request by 9:30 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" of record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above or in any other agreement between the parties, Company shall not be, nor hold itself out to the public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any of their respective affiliates.

Appears in 1 contract

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

Purchase and Redemption Procedures. (a) The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's ’s affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange (the “Exchange”) is open for regular session trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the transfer agent Fund receives notice of such request by 9:30 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests requests, by 11 a.m. Eastern Time on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive such purchase and redemption requests from Company on behalf of the Account by 9:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S DCC&S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan contract prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Transfer Agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Fund of a purchase request for such Shares. Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any other agreement between provision of this Agreement to the partiescontrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Fund will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company on the next Business Day after the Fund is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Portfolios in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. The Fund shall not be, nor hold itself out to the public or engage in bear any activity as an agent or distributor responsibility whatsoever for the Funds, proper disbursement or crediting of redemption proceeds by the Underwriter Company; the Company alone shall be responsible for such action. (d) Any purchase or any redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Fund’s receipt of their respective affiliatessuch request as set forth in Section 1.3(a) herein.

Appears in 1 contract

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

Purchase and Redemption Procedures. (a) The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares on behalf of the Accounts shall be executed through the Omnibus Accounts omnibus accounts of Company's ’s affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (( a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund's transfer agent Fund or its designee at the net asset value determined as of the close of trading on that same Business Day, provided that the transfer agent Fund or its designee receives notice of such request by 9:30 9:00 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 11:00 a.m. Eastern Time on the next following Business Day, provided Fund or its designee receives notice of any such issues by 9:30 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" of record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each Fund. (b) The Company shall pay for Shares on the same day that it notifies the Fund of a purchase request for such Shares. Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the Fundspurchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of another Fund effected pursuant to redemption requests tendered by the Company on behalf of the Account). Except as provided above Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Fund will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other agreement between designated person on the partiesnext Business Day after the Fund is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of another Fund in accordance with Section 1.3(b) of this Agreement), Company except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the Fund’s then current prospectus. The Fund shall not be, nor hold itself out to the public or engage in bear any activity as an agent or distributor responsibility whatsoever for the Funds, proper disbursement or crediting of redemption proceeds by the Underwriter Company; the Company alone shall be responsible for such action. (d) Any purchase or any redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Fund’s receipt of their respective affiliatessuch request as set forth in Section 1.3(a) herein.

Appears in 1 contract

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

Purchase and Redemption Procedures. (a) The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's ’s affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the transfer agent Fund receives notice of such request by 9:30 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" of record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above If for any reason Company or in its affiliate is unable to transmit the file(s) with respect to any other agreement between the partiesBusiness Day, Company or its affiliate will notify the Transfer Agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day and provided that Company or its affiliate notify the Transfer Agent or its designee, the value of such Shares shall be calculated at the net asset value determined as of the close of trading on that prior Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Fund of a purchase request for such Shares. Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Fund or its designee will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) To the extent practicable, payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company on the next Business Day after the Fund is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Portfolios in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. The Fund shall not be, nor hold itself out to the public or engage in bear any activity as an agent or distributor responsibility whatsoever for the Funds, proper disbursement or crediting of redemption proceeds by the Underwriter Company; the Company alone shall be responsible for such action. (d) Any purchase or any redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Fund’s receipt of their respective affiliatessuch request as set forth in Section 1.3 (a) herein.

Appears in 1 contract

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

Purchase and Redemption Procedures. (a) The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Merrill Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value ("Close of Trading") as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that (i) transaction instructions relating to the transfer agent Account or subaccounts thereof are received in proper form by the Company by the Close of Trading on that Business Day; and (ii) the Fund receives notice of such request by 9:30 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Instructions received in proper form by the Company at or after the Close of Trading on any given Business Day shall be treated as if received on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive such purchase and redemption requests from Company on behalf of the Account by 9:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Transfer Agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Fund of a purchase request for such Shares. Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any other agreement between provision of this Agreement to the partiescontrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Fund will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company's affiliate's proprietary Inventory Control System ("ICS"). (c) To the extent practicable, payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company on the next Business Day after the Fund is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Portfolios in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. The Fund shall not be, nor hold itself out to the public or engage in bear any activity as an agent or distributor responsibility whatsoever for the Funds, proper disbursement or crediting of redemption proceeds by the Underwriter Company; the Company alone shall be responsible for such action. (d) Any purchase or any redemption request for Shares held or to be held in the Company's general account shall be effected at the closing net asset value per share next determined after the Fund's receipt of their respective affiliatessuch request as set forth in Section 1.3(a) herein.

Appears in 1 contract

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

Purchase and Redemption Procedures. (a) The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund's transfer agent Transfer Agent at the net asset value determined as of the close of trading on that same Business Day, provided that the transfer agent Transfer Agent receives notice of such request by 9:30 9:00 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Transfer Agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Fund of a purchase request for such Shares. Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Underwriter. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Underwriter, on behalf of the Fund, will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Fund's transfer and shareholder servicing agent, Xxxxxx Fiduciary Trust Company ("PFTC") will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company's affiliate's proprietary Inventory Control System ("ICS"). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other agreement between designated person on the parties, Company shall not be, nor hold itself out next Business Day after PFTC is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the public or engage purchase of Shares of other Designated Portfolios in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any activity Rules thereunder, and in accordance with the procedures and policies of the Fund as an agent or distributor for described in the Funds, then current prospectus. Neither the Underwriter Fund or any of their respective affiliatesits affiliates 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 Shares held or to be held in the Company's general account shall be effected at the closing net asset value per share next determined after the Underwriter's receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

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

Purchase and Redemption Procedures. The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund's transfer agent Transfer Agent at the net asset value determined as of the close of trading on that same Business Day, provided that the transfer agent Transfer Agent receives notice of such request by 9:30 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Transfer Agent or in any other agreement between its designee by 10:00 a.m. Eastern Time on the parties, Company shall not be, nor hold itself out to the public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any of their respective affiliatesnext following Business Day.

Appears in 1 contract

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

Purchase and Redemption Procedures. The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's ’s affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund's transfer agent Transfer Agent at the net asset value determined as of the close of trading on that same Business Day, provided that the transfer agent Transfer Agent receives notice of such request by 9:30 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Transfer Agent or in any other agreement between its designee by 10:00 a.m. Eastern Time on the parties, Company shall not be, nor hold itself out to the public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any of their respective affiliatesnext following Business Day.

Appears in 1 contract

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

Purchase and Redemption Procedures. The Underwriter Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's ’s affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the transfer agent Fund receives notice of such request by 9:30 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Fund or in any other agreement between its designee by 11:00 a.m. ET on the parties, Company shall not be, nor hold itself out to the public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any of their respective affiliatesnext following Business Day.

Appears in 1 contract

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

Purchase and Redemption Procedures. (a) The Underwriter Transfer Agent hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Accounts").Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Fund's transfer agent Transfer Agent at the net asset value determined as of the close of trading on that same Business Day, provided that the transfer agent Transfer Agent receives notice of such request by 9:30 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive such purchase and redemption requests from Company on behalf of the Account by 6:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Transfer Agent or its designee by 10:00 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 4:00 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Transfer Agent determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Funds effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company's affiliate's proprietary Inventory Control System ("ICS"). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other agreement between designated person on the parties, Company shall not be, nor hold itself out next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the public or engage purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any activity Rules thereunder, and in accordance with the procedures and policies of the Fund as an agent or distributor described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the Funds, proper disbursement or crediting of redemption proceeds by the Underwriter Company; the Company alone shall be responsible for such action. (d) Any purchase or any redemption request for Shares held or to be held in the Company's general account shall be effected at the closing net asset value per share next determined after the Transfer Agent's receipt of their respective affiliatessuch request as set forth in Section 1.3(a) herein.

Appears in 1 contract

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

Purchase and Redemption Procedures. The Underwriter Adviser hereby appoints the Company as its an agent of the Funds for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company's affiliate Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its Funds calculate their net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Funds prior to the time that the Fund Funds ordinarily calculates its their net asset value as described from time to time in the Fund Prospectus Prospectuses (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Fund's transfer agent at the net asset value determined as of the close of trading Funds on that same Business Day, provided that the transfer agent receives Funds receive notice of such request by 9:30 a.m. 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 next following Business Day. Company and Fund understand that in the event of such systems issues necessitating late delivery of the actual number of purchase and redemption requests, Company on behalf of the Account shall provide Fund with an estimate of such purchase and redemption requests by 9:30 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Funds or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan the Designated Portfolios prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. Except as provided above If for any reason Xxxxxxx Xxxxx is unable to transmit the file(s) with respect to any Business Day, Xxxxxxx Xxxxx will notify the Funds or in any other agreement between their designee by 9:30 a.m. Eastern Time on the parties, Company shall not be, nor hold itself out to the public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any of their respective affiliatesnext following Business Day.

Appears in 1 contract

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

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