Common use of Representations and Agreements of the Parties Clause in Contracts

Representations and Agreements of the Parties. 1.1 The Trust makes the following representations and covenants: (a) The Trust has been established and is validly existing and in good standing as a business trust under the laws of the Commonwealth of Massachusetts and consists of separate series described in the most recent Post-Effective Amendment to its Registration Statement on Form N-1A (the "Trust Registration Statement"). (b) The Trust is a no-load diversified, open-end, management investment company and is registered under the Investment Company Act of 1940, as amended (the "1940 Act"). The offering of the securities of the Trust has been registered under the Securities Act of 1933, as amended (the "1933 Act"). (c) The Trust has supplied written information regarding the Trust and each of the Funds to Integrity Life for inclusion in the Post-Effective Amendments to the Registration Statements of the Separate Accounts (the "Integrity Life Registration Statements") for the Contracts (as defined in Section 1.2(a) below) to be issued by the Separate Accounts. The information does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. (d) The Trust Registration Statement does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. This representation does not extend to statements or omissions made in reliance upon and in conformity with written information furnished by Integrity Life for inclusion in the Trust Registration Statement. (e) The Trust and each Fund complies with and qualifies under the requirements applicable to regulated investment companies under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code"). The Trust will notify Integrity Life immediately upon having a reasonable basis for believing that the Trust or any Fund has ceased to comply with these requirements or might not meet these requirements in the future. (f) Each Fund complies with the diversification requirements set forth in Section 5(b)(1) of the 1940 Act and Section 817(h) of the Code and Section 1.817-5(b) of the regulations under the Code. The Trust will notify Integrity Life immediately upon having a reasonable basis for believing that any Fund has ceased to meet these requirements or might not meet these requirements in the future. (g) Except for shares or interests sold for organizational purposes prior to the effective date of the initial Registration Statement of the Trust, the Trust will not sell shares of the Funds to purchasers other than the Separate Accounts or one or more other separate accounts established by Integrity Life or other life insurance companies. 1.2 Integrity Life makes the following representations and covenants: (a) Integrity Life is an insurance company organized and is validly existing and in good standing under applicable law and has legally and validly established the Separate Accounts as separate accounts under __________________ law. The Separate Accounts are registered as unit investment trusts under the 1940 Act to serve as investment vehicles for variable annuity contracts and flexible premium variable universal life insurance contracts to be offered by the Separate Accounts (the "Contracts"). (b) The offering of the Contracts has been registered under the 1933 Act. The Contracts are treated as annuity contracts or life insurance contracts under the applicable provisions of the Code. Integrity Life will notify the Trust immediately upon having a reasonable basis for believing that the Contracts have ceased to be so treated or might not be so treated in the future. (c) Each Sub-Account is a "segregated asset account" for purposes of diversification testing. Interests in each Sub-Account are offered exclusively through the purchase of a "variable contract," within the meaning of such term under Section 817(d) of the Code. Integrity Life will notify the Trust immediately upon having a reasonable basis for believing that these requirements are no longer being met or might not be met in the future. (d) The information regarding Integrity Life and the Separate Accounts that Integrity Life has supplied to the Trust for inclusion in the Trust Registration Statement does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. 1.3 The representations and covenants contained in Sections 1.1 and 1.2 are continuing representations and covenants of each party making them and must be satisfied throughout the term of this Agreement. The Trust will provide Integrity Life, within ten (10) business days (y) after the end of each year, a letter from the appropriate officer of the Trust certifying to the continued accuracy of the representations contained in Section 1.1 above, and (z) after the end of each calendar quarter, a detailed listing of the individual securities and other assets, if any, held by each Fund as of the end of such calendar quarter. Integrity Life will provide the Trust, within ten (10) business days after the end of each year, a letter from the appropriate officer of Integrity Life certifying to the continued accuracy of the representations contained in Section 1.2 above.

Appears in 3 contracts

Samples: Fund Participation Agreement (Separate Account I of National Integrity Life Ins Co), Fund Participation Agreement (Separate Account I of Integrity Life Insurance Co), Fund Participation Agreement (Separate Account I of Integrity Life Insurance Co)

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Representations and Agreements of the Parties. 1.1 The Trust makes the following representations and covenants: (a) The Trust has been established and is validly existing and in good standing as a business trust under the laws of the Commonwealth of Massachusetts and consists of separate series described in the most recent Post-Effective Amendment to its Registration Statement on Form N-1A (the "Trust Registration Statement"). (b) The Trust is a no-load diversified, open-end, management investment company and is registered under the Investment Company Act of 1940, as amended (the "1940 Act"). The offering of the securities of the Trust has been registered under the Securities Act of 1933, as amended (the "1933 Act"). (c) The Trust has supplied written information regarding the Trust and each of the Funds to National Integrity Life for inclusion in the Post-Effective Amendments to the Registration Statements of the Separate Accounts (the "National Integrity Life Registration Statements") for the Contracts (as defined in Section 1.2(a) below) to be issued by the Separate Accounts. The information does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. (d) The Trust Registration Statement does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. This representation does not extend to statements or omissions made in reliance upon and in conformity with written information furnished by National Integrity Life for inclusion in the Trust Registration Statement. (e) The Trust and each Fund complies with and qualifies under the requirements applicable to regulated investment companies under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code"). The Trust will notify National Integrity Life immediately upon having a reasonable basis for believing that the Trust or any Fund has ceased to comply with these requirements or might not meet these requirements in the future. (f) Each Fund complies with the diversification requirements set forth in Section 5(b)(1) of the 1940 Act and Section 817(h) of the Code and Section 1.817-5(b) of the regulations under the CodeCode and each Fund will at all times invest money from the Contracts in such a manner to ensure the Contracts will be treated as "variable contracts" under the Code and regulations issued thereunder. The Trust will notify National Integrity Life immediately upon having a reasonable basis for believing that any Fund has ceased to meet these requirements or might not meet these requirements in the future. (g) Except for shares or interests sold for organizational purposes prior to the effective date of the initial Registration Statement of the Trust, the Trust will not sell shares of the Funds to purchasers other than the Separate Accounts or one or more other separate accounts established by National Integrity Life or other life insurance companies. 1.2 National Integrity Life makes the following representations and covenants: (a) National Integrity Life is an insurance company organized and is validly existing and in good standing under applicable law and has legally and validly established the Separate Accounts as separate accounts under __________________ New York law. The Separate Accounts are registered as unit investment trusts under the 1940 Act to serve as investment vehicles for variable annuity contracts and flexible premium variable universal life insurance contracts to be offered by the Separate Accounts (the "Contracts"). (b) The offering of the Contracts has been registered under the 1933 Act. The Contracts are treated as annuity contracts or life insurance contracts under the applicable provisions of the Code. National Integrity Life will notify the Trust immediately upon having a reasonable basis for believing that the Contracts have ceased to be so treated or might not be so treated in the future. (c) Each Sub-Account is a "segregated asset account" for purposes of diversification testing. Interests in each Sub-Account are offered exclusively through the purchase of a "variable contract," within the meaning of such term under Section 817(d) of the Code. National Integrity Life will notify the Trust immediately upon having a reasonable basis for believing that these requirements are no longer being met or might not be met in the future. (d) The information regarding National Integrity Life and the Separate Accounts that National Integrity Life has supplied to the Trust for inclusion in the Trust Registration Statement does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. 1.3 The representations and covenants contained in Sections 1.1 and 1.2 are continuing representations and covenants of each party making them and must be satisfied throughout the term of this Agreement. The Trust Each party will provide Integrity Life, within ten (10) business days (y) after immediately notify the end of each year, a letter from the appropriate officer of the Trust certifying to the continued accuracy other if any of the representations and covenants contained in Section 1.1 above, and (z) after the end of each calendar quarter, a detailed listing of the individual securities and other assets, if any, held by each Fund as of the end of such calendar quarter. Integrity Life these Sections have not or will provide the Trust, within ten (10) business days after the end of each year, a letter from the appropriate officer of Integrity Life certifying to the continued accuracy of the representations contained in Section 1.2 abovenot be met.

Appears in 2 contracts

Samples: Fund Participation Agreement (Separate Account I of National Integrity Life Ins Co), Fund Participation Agreement (Separate Account I of National Integrity Life Ins Co)

Representations and Agreements of the Parties. 1.1 The Trust makes the following representations and covenants: (a) The Trust has been established and is validly existing and in good standing as a business trust under the laws of the Commonwealth of Massachusetts and consists of separate series described in the most recent Post-Effective Amendment to its Registration Statement on Form N-1A (the "Trust Registration Statement"). (b) The Trust is a no-load diversified, open-end, management investment company and is registered under the Investment Company Act of 1940, as amended (the "1940 Act"). The offering of the securities of the Trust has been registered under the Securities Act of 1933, as amended (the "1933 Act"). (c) The Trust has supplied written information regarding the Trust and each of the Funds to Integrity Life for inclusion in the Post-Effective Amendments to the Registration Statements of the Separate Accounts (the "Integrity Life Registration Statements") for the Contracts (as defined in Section 1.2(a) below) to be issued by the Separate Accounts. The information does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. (d) The Trust Registration Statement does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. This representation does not extend to statements or omissions made in reliance upon and in conformity with written information furnished by Integrity Life for inclusion in the Trust Registration Statement. (e) The Trust and each Fund complies with and qualifies under the requirements applicable to regulated investment companies under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code"). The Trust will notify Integrity Life immediately upon having a reasonable basis for believing that the Trust or any Fund has ceased to comply with these requirements or might not meet these requirements in the future. (f) Each Fund complies with the diversification requirements set forth in Section 5(b)(1) of the 1940 Act and Section 817(h) of the Code and Section 1.817-5(b) of the regulations under the CodeCode and each Fund will at all times invest money from the Contracts in such a manner to ensure the Contracts will be treated as "variable contracts" under the Code and regulations issued thereunder. The Trust will notify Integrity Life immediately upon having a reasonable basis for believing that any Fund has ceased to meet these requirements or might not meet these requirements in the future. (g) Except for shares or interests sold for organizational purposes prior to the effective date of the initial Registration Statement of the Trust, the Trust will not sell shares of the Funds to purchasers other than the Separate Accounts or one or more other separate accounts established by Integrity Life or other life insurance companies. 1.2 Integrity Life makes the following representations and covenants: (a) Integrity Life is an insurance company organized and is validly existing and in good standing under applicable law and has legally and validly established the Separate Accounts as separate accounts under __________________ Ohio law. The Separate Accounts are registered as unit investment trusts under the 1940 Act to serve as investment vehicles for variable annuity contracts and flexible premium variable universal life insurance contracts to be offered by the Separate Accounts (the "Contracts"). (b) The offering of the Contracts has been registered under the 1933 Act. The Contracts are treated as annuity contracts or life insurance contracts under the applicable provisions of the Code. Integrity Life will notify the Trust immediately upon having a reasonable basis for believing that the Contracts have ceased to be so treated or might not be so treated in the future. (c) Each Sub-Account is a "segregated asset account" for purposes of diversification testing. Interests in each Sub-Account are offered exclusively through the purchase of a "variable contract," within the meaning of such term under Section 817(d) of the Code. Integrity Life will notify the Trust immediately upon having a reasonable basis for believing that these requirements are no longer being met or might not be met in the future. (d) The information regarding Integrity Life and the Separate Accounts that Integrity Life has supplied to the Trust for inclusion in the Trust Registration Statement does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. 1.3 The representations and covenants contained in Sections 1.1 and 1.2 are continuing representations and covenants of each party making them and must be satisfied throughout the term of this Agreement. The Trust Each party will provide Integrity Life, within ten (10) business days (y) after immediately notify the end of each year, a letter from the appropriate officer of the Trust certifying to the continued accuracy other if any of the representations and covenants contained in Section 1.1 above, and (z) after the end of each calendar quarter, a detailed listing of the individual securities and other assets, if any, held by each Fund as of the end of such calendar quarter. Integrity Life these Sections have not or will provide the Trust, within ten (10) business days after the end of each year, a letter from the appropriate officer of Integrity Life certifying to the continued accuracy of the representations contained in Section 1.2 abovenot be met.

Appears in 2 contracts

Samples: Fund Participation Agreement (Separate Account I of Integrity Life Insurance Co), Fund Participation Agreement (Separate Account I of Integrity Life Insurance Co)

Representations and Agreements of the Parties. 1.1 The Trust makes the following representations and covenants: (a) The Trust has been established and is validly existing and in good standing as a business trust under the laws of the Commonwealth of Massachusetts and consists of separate series described in the most recent Post-Effective Amendment to its Registration Statement on Form N-1A (the "Trust Registration Statement"). (b) The Trust is a no-load diversified, open-end, management investment company and is registered under the Investment Company Act of 1940, as amended (the "1940 Act"). The offering of the securities of the Trust has been registered under the Securities Act of 1933, as amended (the "1933 Act"). (c) The Trust has supplied written information regarding the Trust and each of the Funds to Integrity Life for inclusion in the Post-Effective Amendments to the Registration Statements of the Separate Accounts (the "Integrity Life Registration Statements") for the Contracts (as defined in Section 1.2(a) below) to be issued by the Separate Accounts. The information does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. (d) The Trust Registration Statement does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. This representation does not extend to statements or omissions made in reliance upon and in conformity with written information furnished by Integrity Life for inclusion in the Trust Registration Statement. (e) The Trust and each Fund complies with and qualifies under the requirements applicable to regulated investment companies under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code"). The Trust will notify Integrity Life immediately upon having a reasonable basis for believing that the Trust or any Fund has ceased to comply with these requirements or might not meet these requirements in the future. (f) Each Fund complies with the diversification requirements set forth in Section 5(b)(1) of the 1940 Act and Section 817(h) of the Code and Section 1.817-5(b) of the regulations under the Code. The Trust will notify Integrity Life immediately upon having a reasonable basis for believing that any Fund has ceased to meet these requirements or might not meet these requirements in the future. (g) Except for shares or interests sold for organizational purposes prior to the effective date of the initial Registration Statement of the Trust, the Trust will not sell shares of the Funds to purchasers other than the Separate Accounts or one or more other separate accounts established by Integrity Life or other life insurance companies. 1.2 Integrity Life makes the following representations and covenants: (a) Integrity Life is an insurance company organized and is validly existing and in good standing under applicable law and has legally and validly established the Separate Accounts as separate accounts under __________________ law. The Separate Accounts are registered as unit investment trusts under the 1940 Act to serve as investment vehicles for variable annuity contracts and flexible premium variable universal life insurance contracts to be offered by the Separate Accounts (the "Contracts"). (b) The offering of the Contracts has been registered under the 1933 Act. The Contracts are treated as annuity contracts or life insurance contracts under the applicable provisions of the Code. Integrity Life will notify the Trust immediately upon having a reasonable basis for believing that the Contracts have ceased to be so treated or might not be so treated in the future. (c) Each Sub-Account is a "segregated asset account" for purposes of diversification testing. Interests in each Sub-Account are offered exclusively through the purchase of a "variable contract," within the meaning of such term under Section 817(d) of the Code. Integrity Life will notify the Trust immediately upon having a reasonable basis for believing that these requirements are no longer being met or might not be met in the future. (d) The information regarding Integrity Life and the Separate Accounts that Integrity Life has supplied to the Trust for inclusion in the Trust Registration Statement does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. 1.3 The representations and covenants contained in Sections 1.1 and 1.2 are continuing representations and covenants of each party making them and must be satisfied throughout the term of this Agreement. The Trust will provide Integrity Life, within ten (10) business days (y) after the end of each year, a letter from the appropriate officer of the Trust certifying to the continued accuracy of the representations contained in Section 1.1 above, and (z) after the end of each calendar quarter, a detailed listing of the individual securities and other assets, if any, held by each Fund as of the end of such calendar quarter. Integrity Life will provide the Trust, within ten (10) business days after the end of each year, a letter from the appropriate officer of Integrity Life certifying to the continued accuracy of the representations contained in Section 1.2 above.

Appears in 1 contract

Samples: Fund Participation Agreement (Separate Account I of National Integrity Life Ins Co)

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Representations and Agreements of the Parties. 1.1 The Each of the SA Trust makes and the VI Trust (sometimes herein together called the "Trusts") make the following respective representations and covenants: (a) The VI Trust has been established and is validly existing and in good standing as a business trust under the laws of the Commonwealth of Massachusetts and consists of separate series for each of the Portfolios described in the most recent Post-Effective Amendment to its Registration Statement registration statement on Form N-1A for such trust heretofore filed with the SEC (the "VI Trust Registration Statement"). The SA Trust has been established and is validly existing and in good standing as a business trust under the laws of the State of New York and consists of separate series for each of the Portfolios described in the registration statement on Form N-1A for such trust heretofore filed with the SEC (the "SA Trust Registration Statement"). The VI Trust Registration Statement and the SA Trust Registration Statement are sometimes together referred to as the "Trust Registration Statements". (b) The Trust Each of the Trusts is a no-load diversified, open-end, management investment company and is duly registered under the Investment Company Act of 1940, as amended 1940 (the "1940 Act"). The offering of the securities of the VI Trust (but not those of the SA Trust) has been duly registered under the Securities Act of 1933, as amended (the "1933 Act")amended. (c) The Trust has supplied written information regarding the VI Trust and the SA Trust and each of the Funds Portfolios thereof that each Trust has supplied to Integrity Life Western-Southern for inclusion in the Postregistration statements filed by Western-Effective Amendments to Southern with the Registration Statements of the Separate Accounts SEC (the "Integrity Life Western-Southern Registration Statements") for in respect of the Contracts (as defined in Section 1.2(a) below1.2) to be issued by each of the Separate Accounts. The information Accounts does not contain any untrue statement of a material fact or omit to state a material fact 2 required to be stated therein or necessary to make the statements therein not misleading. (d) The Neither the VI Trust Registration Statement does not contain nor the SA Trust Registration Statement contains any untrue statement of a material fact or omit omits to state a material fact required to be stated therein or a material fact that is necessary in order to make the statements therein not misleading. This ; provided, however, that this representation does not extend to statements or omissions made in reliance upon and in conformity with written information furnished by Integrity Life Western-Southern for inclusion in the Trust Registration StatementStatements. (e) The Each Trust and each Fund complies Portfolio thereof will comply with and qualifies qualify under the requirements applicable to regulated investment companies under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code"). The , and the affected Trust will notify Integrity Life Western-Southern immediately upon having a reasonable basis for believing that the such Trust or any Fund Portfolio thereof has ceased to comply with these requirements or might not meet these requirements in the futureso comply. (f) Each Fund complies Portfolio will comply with the diversification requirements set forth in Section 5(b)(1) of the 1940 Act and Section 817(h) of the Code and Section 1.817-5(b) of the regulations under the Code, and each Trust will cause each of its Portfolios to maintain such Portfolio's compliance with such diversification requirements. The Each Trust will notify Integrity Life Western-Southern immediately upon having a reasonable basis for believing that any Fund Portfolio thereof has ceased to meet these such requirements or might not meet these such requirements in the future. (g) Except for shares or interests sold for organizational purposes prior to the effective date of the initial each Trust Registration Statement of the TrustStatement, the neither Trust will not sell shares of or interests in the Funds Portfolios of such Trust to purchasers other than the Separate Accounts or one or more other separate accounts established by Integrity Life Western-Southern or other life insurance companies. 1.2 Integrity Life makes the following representations and covenants: (a) Integrity Life is an insurance company organized and is validly existing and in good standing under applicable law and has legally and validly established the Separate Accounts as separate accounts under __________________ law. The Separate Accounts are registered as unit investment trusts under the 1940 Act to serve as investment vehicles for variable annuity contracts and flexible premium variable universal life insurance contracts to be offered by the Separate Accounts (the "Contracts"). (b) The offering of the Contracts has been registered under the 1933 Act. The Contracts are treated as annuity contracts or life insurance contracts under the applicable provisions of the Code. Integrity Life will notify the Trust immediately upon having a reasonable basis for believing that the Contracts have ceased to be so treated or might not be so treated in the future. (c) Each Sub-Account is a "segregated asset account" for purposes of diversification testing. Interests in each Sub-Account are offered exclusively through the purchase of a "variable contract," within the meaning of such term under Section 817(d) of the Code. Integrity Life will notify the Trust immediately upon having a reasonable basis for believing that these requirements are no longer being met or might not be met in the future. (d) The information regarding Integrity Life and the Separate Accounts that Integrity Life has supplied to the Trust for inclusion in the Trust Registration Statement does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. 1.3 The representations and covenants contained in Sections 1.1 and 1.2 are continuing representations and covenants of each party making them and must be satisfied throughout the term of this Agreement. The Trust will provide Integrity Life, within ten (10) business days (y) after the end of each year, a letter from the appropriate officer of the Trust certifying to the continued accuracy of the representations contained in Section 1.1 above, and (z) after the end of each calendar quarter, a detailed listing of the individual securities and other assets, if any, held by each Fund as of the end of such calendar quarter. Integrity Life will provide the Trust, within ten (10) business days after the end of each year, a letter from the appropriate officer of Integrity Life certifying to the continued accuracy of the representations contained in Section 1.2 above.

Appears in 1 contract

Samples: Fund Participation Agreement (Western Southern Life Assurance Co Separate Account 2)

Representations and Agreements of the Parties. 1.1 The Trust makes the following representations and covenants: (a) The Trust has been established and is validly existing and in good standing as a business trust under the laws of the Commonwealth of Massachusetts and consists of separate series described in the most recent Post-Effective Amendment to its Registration Statement on Form N-1A (the "Trust Registration Statement"). (b) The Trust is a no-load diversified, open-end, management investment company and is duly registered under the Investment Company Act of 1940, as amended (the "1940 Act"). The offering of the securities of the Trust has been duly registered under the Securities Act of 1933, as amended (the "1933 Act"). (c) The Trust has supplied written the information regarding the Trust and each of the Funds to Integrity Columbus Life for inclusion in the Pre- and Post-Effective Amendments to the Registration Statements of the Separate Accounts Statement on Form S-6 (the "Integrity Columbus Life Registration StatementsStatement") for the Contracts (as defined in Section 1.2(a) below1.2) to be issued by the Separate AccountsAccount. The information does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. (d) The Trust Registration Statement does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or a material fact that is necessary in order to make the statements therein not misleading. This representation does not extend to statements or omissions made in reliance upon and in conformity with written information furnished by Integrity Columbus Life for inclusion in the Trust Registration Statement. (e) The Trust and each Fund complies will comply with and qualifies qualify under the requirements applicable to regulated investment companies under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code"). The , and the Trust will notify Integrity Columbus Life immediately upon having a reasonable basis for believing that the Trust or any Fund has ceased to comply with these requirements or might not meet these requirements in the futurerequirements. (f) Each Fund complies will comply with the diversification requirements set forth in Section 5(b)(1) of the 1940 Act and Section 817(h) of the Code and Section 1.817-5(b) of the regulations under the Code, and the Trust will cause each Fund to comply with these diversification requirements. The Trust will notify Integrity Columbus Life immediately upon having a reasonable basis for believing that any Fund has ceased to meet these requirements or might not meet these requirements in the future. (g) Except for shares or interests sold for organizational purposes prior to the effective date of the its initial Registration Statement of the TrustStatement, the Trust will not sell shares of or interests in the Funds to purchasers other than the Separate Accounts Account or one or more other separate accounts established by Integrity Columbus Life or other life insurance companies. 1.2 Integrity Columbus Life makes the following representations represents and covenantscovenants as follows: (a) Integrity Life It is an insurance company duly organized and is validly existing and in good standing under applicable law and has legally and validly established the Separate Accounts Account as a separate accounts account under __________________ Ohio law. The , and has registered the Separate Accounts are registered Account as a unit investment trusts trust under the 1940 Act to serve as an investment vehicles vehicle for variable annuity contracts and flexible premium variable universal life insurance contracts to be offered by the Separate Accounts Account (the "Contracts"). (b) The Contracts provide for the allocation of net amounts received by Columbus Life to the Separate Account and to the Sub-Accounts. Selection of a particular Sub-Account is made by the Contract owner, who may change such selection from time to time in accordance with the terms of the applicable Contract. (c) The offering of the Contracts has been registered under the 1933 Act. The Contracts are treated as annuity contracts or life insurance contracts under the applicable provisions of the Code. Integrity Life will notify the Trust immediately upon having a reasonable basis for believing that the Contracts have ceased to be so treated or might not be so treated in the future. (cd) Each Sub-Account is a "segregated asset account" for purposes of diversification testing. Interests in each Sub-Account are offered exclusively through the purchase of a "variable contract," within the meaning of such term under Section 817(d) of the Code. Integrity Columbus Life will exercise its best efforts to continue to meet such definitional requirements, and will notify the Trust immediately upon having a reasonable basis for believing that a Sub-Account has ceased to meet these requirements are no longer being met or might not be met meet these requirements in the future. (de) The information regarding Integrity Columbus Life and the Separate Accounts Account that Integrity Columbus Life has and the Separate Account have supplied to the Trust for inclusion in the Trust Registration Statement does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. 1.3 The representations and covenants contained in Sections 1.1 and 1.2 are continuing representations and covenants of each party making them and must be satisfied throughout the term of this Agreement. The Trust will provide Integrity Columbus Life, within ten (10) business days (y) after the end of each year, a letter from the appropriate officer of the Trust certifying to the continued accuracy of the representations contained in Section 1.1 1.1, above, and (z) after the end of each calendar quarter, a detailed listing of the individual securities and other assets, if any, held by each Fund as of the end of such calendar quarter. Integrity Columbus Life will provide the Trust, within ten (10) business days after the end of each year, a letter from the appropriate officer of Integrity Columbus Life certifying to the continued accuracy of the representations contained in Section 1.2 above.

Appears in 1 contract

Samples: Fund Participation Agreement (Columbus Life Separate Account 1)

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