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 make Shares of the Portfolios available to the Accounts at net asset value in accordance with the operational procedures mutually agreed to by the Fund and the Company or its delegate from time to time and the provisions of the then current prospectuses and statements of additional information of the Portfolios (collectively, the “Prospectus”). Shares of a particular Portfolio of the Fund shall be ordered in such quantities and at such times as determined by the Company or its delegate 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 or its delegate 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 in their sole discretion 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 4 contracts

Samples: Fund Participation Agreement (Massachusetts Mutual Variable Annuity Separate Account 4), Fund Participation Agreement, Fund Participation Agreement (Massachusetts Mutual Variable Annuity Separate Account 4)

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Sale of the Fund Shares. 1.1 Subject to Section 1.3, the Fund shall make Shares of the 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 Fund’s transfer agent), in accordance with the operational procedures mutually agreed to by the Fund and the Company or its delegate from time to time and the provisions of the then current prospectuses and statements of additional information prospectus of the Portfolios (collectively, the “Prospectus”)Portfolios. Shares of a particular Portfolio of the Fund shall be ordered in such quantities and at such times as determined by the Company or its delegate 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 or its delegate and the Accounts), or suspend or terminate the offering of Shares shares of any Portfolio, if such action is required by law or by regulatory authorities having jurisdiction or is, in their the sole discretion when of the Directors 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 2 contracts

Samples: Fund Participation Agreement (KILICO Variable Annuity Separate Account - 3), Fund Participation Agreement (KILICO Variable Annuity Separate Account - 3)

Sale of the Fund Shares. 1.1 Subject to Section 1.3, the Fund shall make Shares of the Portfolios available to the Separate Accounts at net asset value in accordance with the operational procedures mutually agreed to by the Fund and the Company or its delegate from time to time and the provisions of the then current prospectuses and statements of additional information of the Portfolios (collectively, the "Prospectus"). Shares of a particular Portfolio of the Fund shall be ordered in such quantities and at such times as determined by the Company or its delegate 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 or its delegate and the Separate 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 their sole discretion 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 1 contract

Samples: Fund Participation Agreement (Pruco Life Inurance Co of New Jersey FLXBL Prmium Var Ann Ac)

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

Appears in 1 contract

Samples: Fund Participation Agreement (Variable Account II of AGL of Delaware)

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Sale of the Fund Shares. 1.1 Subject to Section 1.3, the Fund shall make Shares of the Portfolios available to the Separate Accounts at net asset value in accordance with the operational procedures mutually agreed to by the Fund and the Company or its delegate from time to time and the provisions of the then current prospectuses and statements of additional information of the Portfolios (collectively, the “Prospectus”). Shares of a particular Portfolio of the Fund shall be ordered in such quantities and at such times as determined by the Company or its delegate 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 or its delegate and the Separate 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 their sole discretion 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 1 contract

Samples: Fund Participation Agreement (Prudential Variable Contract Account Gi-2)

Sale of the Fund Shares. 1.1 Subject to Section 1.3, the Fund shall make Shares shares of the 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 Fund’s transfer agent), in accordance with the operational procedures mutually agreed to by the Fund and the Company or its delegate from time to time and the provisions of the then current prospectuses and statements of additional information prospectus of the Portfolios (collectively, the “Prospectus”)Portfolios. Shares of a particular Portfolio of the Fund shall be ordered in such quantities and at such times as determined by the Company or its delegate 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 or its delegate and the Accounts), or suspend or terminate the offering of Shares shares of any Portfolio, if such action is required by law or by regulatory authorities having jurisdiction in their sole discretion 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 1 contract

Samples: Participation Agreement (Select Life Variable Account)

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