Common use of Sale of the Fund Shares Clause in Contracts

Sale of the Fund Shares. 1.1 Subject to Section 1.3, the Fund shall cause the Underwriter to make Shares available to the Accounts at the most recent net asset value provided to the Company prior to receipt of such purchase order by the Fund (or the Underwriter as its agent), in accordance with the operational procedures mutually agreed to by the Underwriter and the Company from time to time and the provisions of the then current prospectus of the Portfolios. Shares of a particular Portfolio of the Fund shall be ordered in such quantities and at such times as determined by the Company to be necessary to meet the requirements of the Contracts. The Directors of the Fund (the “Directors”) may refuse to sell shares of any Portfolio to any person (including the Company and the Accounts), or suspend or terminate the offering of shares of any Portfolio, if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors acting in good faith and in light of their fiduciary duties under federal and any applicable state laws, necessary in the best interests of the shareholders of such Portfolio.

Appears in 12 contracts

Samples: Fund Participation Agreement (Delaware Life Variable Account F), Fund Participation Agreement (Pacific Select Exec Separate Acct Pacific Life Ins), Fund Participation Agreement (Pacific Select Exec Separate Acct Pacific Life Ins)

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Sale of the Fund Shares. 1.1 Subject to Section 1.31.3 of this Agreement, the Fund shall cause the Underwriter to make Shares of the Portfolios available to the Accounts at the such Shares' most recent net asset value provided to the Company prior to receipt of such purchase order by the Fund (or the Underwriter as or its agent), in accordance with the operational procedures mutually agreed to by the Underwriter and the Company from time to time and the provisions of the then then-current prospectus of the PortfoliosFund. Shares of a particular Portfolio of the Fund shall be ordered in such quantities and at such times as determined by the Company to be necessary to meet the requirements of the Contracts. The Directors of the Fund (the "Directors") may refuse to sell shares Shares of any Portfolio to any person (including the Company and the Accounts), or suspend or terminate the offering of shares Shares of any Portfolio, Portfolio if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors acting in good faith and in light of their fiduciary duties under federal and any applicable state laws, necessary in the best interests of the shareholders of such Portfolio.

Appears in 10 contracts

Samples: Fund Participation Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account One), Participation Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account One), Participation Agreement (Talcott Resolution Life & Annuity Insur Co Separate Account Three)

Sale of the Fund Shares. 1.1 Subject to Section 1.3, the Fund shall cause make shares of the Underwriter to make Shares Portfolios available to the Accounts at the most recent net asset value provided to the Company prior to receipt of such purchase order by the Fund (or the Underwriter as its Fund’s transfer agent), in accordance with the operational procedures mutually agreed to by the Underwriter Fund and the Company from time to time and the provisions of the then current prospectus of the Portfolios. Shares of a particular Portfolio of the Fund shall be ordered in such quantities and at such times as determined by the Company to be necessary to meet the requirements of the Contracts. The Directors of the Fund (the “Directors”) may refuse to sell shares of any Portfolio to any person (including the Company and the Accounts), or suspend or terminate the offering of shares of any Portfolio, if such action is required by law or by regulatory authorities having jurisdiction or is, in the their sole discretion of the Directors when acting in good faith and in light of their fiduciary duties under federal and any applicable state laws, if they deem such actions necessary in the best interests of the shareholders of such Portfolio.

Appears in 8 contracts

Samples: Fund Participation Agreement (First Symetra National Life Insurance Co of Ny Sep Acct S), Fund Participation Agreement (Jefferson National Life Annuity Account G), Fund Participation Agreement (Separate Account I of Integrity Life Insurance Co)

Sale of the Fund Shares. 1.1 Subject to Section 1.31.3 of this Agreement, the Fund shall cause the Underwriter to make Shares available to the Accounts at the such Shares' most recent net asset value provided to the Company prior to receipt of such purchase order by the Fund (or the Underwriter as its agent), in accordance with the operational procedures mutually agreed to by the Underwriter and the Company from time to time and the provisions of the then then-current prospectus of the PortfoliosFund. Shares of a particular Portfolio of the Fund shall be ordered in such quantities and at such times as determined by the Company to be necessary to meet the requirements of the Contracts. The Directors of the Fund (the "Directors") may refuse to sell shares Shares of any Portfolio the Fund to any person (including the Company and the Accounts), or suspend or terminate the offering of shares of any Portfolio, Shares if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors acting in good faith and in light of their fiduciary duties under federal and any applicable state laws, necessary in the best interests of the shareholders of such Portfoliothe Fund.

Appears in 6 contracts

Samples: Fund Participation Agreement (American Fidelity Separate Account B), Fund Participation Agreement (American Fidelity Dual Strategy Fund Inc), Fund Participation Agreement (American Fidelity Separate Account C)

Sale of the Fund Shares. 1.1 Subject to Section 1.3, the Fund shall cause make shares of the Underwriter to make Shares Portfolios available to the Accounts at the most recent net asset value provided to the Company prior to receipt of such purchase order by the Fund (or the Underwriter as its Fund's transfer agent), in accordance with the operational procedures mutually agreed to by the Underwriter Fund and the Company from time to time and the provisions of the then current prospectus of the Portfolios. Shares of a particular Portfolio of the Fund shall be ordered in such quantities and at such times as determined by the Company to be necessary to meet the requirements of the Contracts. The Directors of the Fund (the "Directors") may refuse to sell shares of any Portfolio to any person (including the Company and the Accounts), or suspend or terminate the offering of shares of any Portfolio, if such action is required by law or by regulatory authorities having jurisdiction or is, in the their sole discretion of the Directors when acting in good faith and in light of their fiduciary duties under federal and any applicable state laws, if they deem such actions necessary in the best interests of the shareholders of such Portfolio.

Appears in 6 contracts

Samples: Fund Participation Agreement (Cuna Mutual Variable Annuity Account), Fund Participation Agreement (Variable Account II of AGL of Delaware), Fund Participation Agreement (Usl Separate Account Usl B)

Sale of the Fund Shares. 1.1 Subject to Section 1.3, the Fund shall cause the Underwriter to make Shares available to the Accounts at the most recent net asset value provided to the Company prior to receipt of such purchase order by the Fund (or the Underwriter as its agent), in accordance with the operational procedures mutually agreed to by the Underwriter and the Company from time to time and the provisions of the then current prospectus of the Portfolios. Shares of a particular Portfolio of the Fund shall be ordered in such quantities and at such times as determined by the Company to be necessary to meet the requirements of the Contracts. The Directors of the Fund (the "Directors") may refuse to sell shares of any Portfolio to any person (including the Company and the Accounts), or suspend or terminate the offering of shares of any Portfolio, if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors acting in good faith and in light of their fiduciary duties under federal and any applicable state laws, necessary in the best interests of the shareholders of such Portfolio.

Appears in 4 contracts

Samples: Fund Participation Agreement (Sun Life of Canada U S Variable Account G), Fund Participation Agreement (Sun Life of Canada U S Variable Account G), Fund Participation Agreement (Variable Account Ii Aig Life Insurance Co)

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Sale of the Fund Shares. 1.1 Subject to Section 1.3, the Fund shall cause the Underwriter to make Shares available to the Accounts at the most recent net asset value provided to the Company prior to receipt of such purchase order by the Fund (or the Underwriter as its Fund's transfer agent), in accordance with the operational procedures mutually agreed to by the Underwriter Fund and the Company from time to time and the provisions of the then current prospectus of the Portfolios. Shares of a particular Portfolio of the Fund shall be ordered in such quantities and at such times as determined by the Company to be necessary to meet the requirements of the Contracts. The Directors of the Fund (the "Directors") may refuse to sell shares of any Portfolio to any person (including the Company and the Accounts), or suspend or terminate the offering of shares of any Portfolio, if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors acting in good faith and in light of their fiduciary duties under federal and any applicable state laws, necessary in the best interests of the shareholders of such Portfolio.

Appears in 3 contracts

Samples: Fund Participation Agreement (Allianz Life of Ny Variable Account C), Fund Participation Agreement (Allianz Life Variable Account B), Fund Participation Agreement (Allianz Life of Ny Variable Account C)

Sale of the Fund Shares. 1.1 Subject to Section 1.3, the Fund shall cause make shares of the Underwriter to make Shares Portfolios available to the Accounts at the most recent net asset value provided to the Company prior to receipt of such purchase order by the Fund (or the Underwriter as its Fund's transfer agent), in accordance with the operational procedures mutually agreed to by the Underwriter Fund and the Company from time to time and the provisions of the then current prospectus of the Portfolios. Shares of a particular Portfolio of the Fund shall be ordered in such quantities and at such times as determined by the Company to be necessary to meet the requirements of the Contracts. The Directors of the Fund (the "Directors") may refuse to sell shares of any Portfolio to any person (including the Company and the Accounts), or suspend or terminate the offering of shares of any Portfolio, if such action is required by law or by regulatory authorities having jurisdiction or is, in the their sole discretion of the Directors when acting in good faith and in light of their fiduciary duties under federal and any applicable state laws, necessary in the best interests of the shareholders of such Portfolio.

Appears in 1 contract

Samples: Fund Participation Agreement (Minnesota Life Variable Universal Life Account)

Sale of the Fund Shares. 1.1 Subject to Section 1.3, the Fund shall cause the Underwriter to make Shares available to the Accounts at the most recent net asset value provided to the Company prior prior' to receipt of such purchase order by the Fund (or the Underwriter as its Fund's transfer agent), in accordance with the operational procedures mutually agreed to by the Underwriter Fund and the Company from time to time and the provisions of the then current prospectus of the Portfolios. Shares of a particular Portfolio of the Fund shall be ordered in such quantities and at such times as determined by the Company to be necessary to meet the requirements of the Contracts. The Directors of the Fund (the "Directors") may refuse to sell shares of any Portfolio to any person (including the Company and the Accounts), or suspend or terminate the offering of shares of any Portfolio, if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Directors acting in good faith and in light of their fiduciary duties under federal and any applicable state laws, necessary in the best interests of the shareholders of such Portfolio.

Appears in 1 contract

Samples: Fund Participation Agreement (Allianz Life Variable Account B)

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