Common use of SALES MATERIALS Clause in Contracts

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven (7) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven (7) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISER. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 27 contracts

Sources: Fund Participation Agreement (Lincoln Life Flexible Premium Variable Life Account M), Fund Participation Agreement (Lincoln Life & Annuity Flexible Premium Variable Life Account M), Fund Participation Agreement (Lincoln Life Flexible Premium Variable Life Account M)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERN&B MANAGEMENT, each piece of sales literature or other promotional material in which TRUST, MANAGERS TRUST or ADVISER N&B MANAGEMENT is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST, MANAGERS TRUST or ADVISER N&B MANAGEMENT objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER N&B MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement, prospectus or offering statement or prospectus for such Variable Contracts, as such registration statement, prospectus or offering statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 13 contracts

Sources: Fund Participation Agreement (Lincoln Life Variable Annuity Account Q), Fund Participation Agreement (Lincoln National Variable Annuity Acct L), Fund Participation Agreement (Lincoln National Variable Annuity Account C)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '`40 Act, the '33 Act or rules thereunder.

Appears in 12 contracts

Sources: Participation Agreement (Allstate Life of N Y Var Life Sep Acct A), Participation Agreement (First Variable Annuity Fund E), Fund Participation Agreement (Sep Acct Va K Execannuity of Allmerica Fin Lfe Ins & Ann Co)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERN&B MANAGEMENT, each piece of sales literature or other promotional material in which TRUST, MANAGERS TRUST or ADVISER N&B MANAGEMENT is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST, MANAGERS TRUST or ADVISER N&B MANAGEMENT objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER N&B MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 12 contracts

Sources: Fund Participation Agreement (National Variable Life Insurance Account), Participation Agreement (Reliastar Select Life Variable Account), Participation Agreement (United Companies Separate Account One)

SALES MATERIALS. 4.1 LIFE COMPANY 6.1 The Company will furnish, or will cause to be furnished, to TRUST and ADVISERthe Fund or the Distributor, each piece of sales literature or other promotional material in which TRUST the Fund, the Distributor or ADVISER any affiliate thereof is named, at least ten (10) Business Days prior to its intended use. No such material will shall be used unless the Fund or the Distributor approves such material. Such approval shall be presumed given if TRUST or ADVISER objects notice to its use in writing the contrary is not received by the Company within seven fifteen (7IS) Business Days after receipt by the Fund or the Distributor of such material. 4.2 TRUST and ADVISER 6.2 The Fund or the Distributor will furnish, or will cause to be furnished, to LIFE COMPANYthe Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Company or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will shall be used unless the Company approves such material. Such approval shall be presumed given if LIFE COMPANY objects notice to its use in writing the contrary is not received by the Fund or within seven ten (710) Business Days after receipt by the Company of such material. 4.3 TRUST and its affiliates and agents 6.3 Except with the permission of the Company, neither the Fund nor the Distributor shall not give any information or make any representations on behalf of LIFE COMPANY the Company or concerning LIFE COMPANYthe Company, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a the registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners Owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY the Company or its designee. Neither the Fund nor the Distributor shall give such information or make such representations or statements in a context that causes the information, except representations or statements to be false or misleading. 6.4 Except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and the Fund or the Distributor, neither the Company nor its affiliates and or agents shall not give any information or make any representations or statements on behalf of TRUST the Fund, the Distributor or any affiliate thereof or concerning TRUST the Fund, the Distributor Of any affiliate thereof, other than the information or representations contained in a the registration statement statements or prospectus prospectuses for TRUSTthe Fund, as such registration statement statements and prospectus prospectuses may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the Fund, or in sales literature or other promotional material approved by TRUST the Fund or the Distributor or designee thereof. Neither the Company nor its designeeaffiliates or agents shall give such information or make such representations or statements in a context that causes the information, except with the written permission of TRUST representations or ADVISERstatements to be false or misleading. 4.5 6.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") FINRA rules, the '40 Act, the '33 Act or rules thereunderthe ‘33 Act.

Appears in 12 contracts

Sources: Fund Participation Agreement (Pacific Select Exec Separate Acct Pacific Life Ins), Fund Participation Agreement (Pacific Select Exec Separate Acct Pacific Life Ins), Fund Participation Agreement (Pacific Select Exec Separate Account of Pacific Life & Annui)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 12 contracts

Sources: Participation Agreement (Titanium Universal Life Variable Account), Fund Participation Agreement (Ameritas Life Insurance Corp Separate Account LLVL), Fund Participation Agreement (National Variable Life Insurance Account)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, furnish or will cause to be furnished, to TRUST and ADVISERN&B MANAGEMENT, each piece of sales literature or other promotional material in which TRUST, MANAGERS TRUST or ADVISER N&B MANAGEMENT is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST, MANAGERS TRUST or ADVISER N&B MANAGEMENT objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER N&B MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement, prospectus or offering statement or prospectus for such Variable Contracts, as such registration statement, prospectus or offering statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 9 contracts

Sources: Fund Participation Agreement (Llany Separate Account S for Flexible Premium Variable Life Insurance), Fund Participation Agreement (Lincoln New York Account N for Variable Annuities), Fund Participation Agreement (Llany Separate Account S for Flexible Premium Variable Life Insurance)

SALES MATERIALS. 4.1 LIFE COMPANY 5.1 The Company will furnish, or will cause to be furnished, to TRUST and ADVISERthe Fund or the Distributor, each piece of sales literature or other promotional material in which TRUST the Fund, the Distributor or ADVISER any affiliate thereof is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will shall be used unless the Fund or the Distributor approves such material. Such approval shall be presumed given if TRUST or ADVISER objects notice to its use in writing the contrary is not received by the Company within seven (7) fifteen Business Days after receipt by the Fund or the Distributor of such material. 4.2 TRUST and ADVISER 5.2 The Fund or the Distributor will furnish, or will cause to be furnished, to LIFE COMPANYthe Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Company or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will shall be used unless the Company approves such material. Such approval shall be presumed given if LIFE COMPANY objects notice to its use in writing the contrary is not received by the Fund or within seven (7) fifteen Business Days after receipt by the Company of such material. 4.3 TRUST and its affiliates and agents 5.3 Except with the permission of the Company, neither the Fund nor the Distributor shall not give any information or make any representations on behalf of LIFE COMPANY the Company or concerning LIFE COMPANYthe Company, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a the registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY the Company or its designee. Neither the Fund nor the Distributor shall give such information or make such representations or statements in a context that causes the information, except representations or statements to be false or misleading. 5.4 Except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and the Fund or the Distributor, neither the Company nor its affiliates and or agents shall not give any information or make any representations or statements on behalf of TRUST the Fund, the Distributor or any affiliate thereof or concerning TRUST the Fund, the Distributor or any affiliate thereof, other than the information or representations contained in a the registration statement statements or prospectus prospectuses for TRUSTthe Fund, as such registration statement statements and prospectus prospectuses may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the Fund, or in sales literature or other promotional material approved by TRUST the Fund or the Distributor or designee thereof. Neither the Company nor its designeeaffiliates or agents shall give such information or make such representations or statements in a context that causes the information, except with the written permission of TRUST representations or ADVISERstatements to be false or misleading. 4.5 5.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") NASD rules, the '`40 Act, the '33 Act or rules thereunderthe `▇▇ ▇▇▇.

Appears in 7 contracts

Sources: Participation Agreement (Phoenix Life Variable Accumulation Account), Fund Participation Agreement (Allstate Life of New York Separate Account A), Fund Participation Agreement (Allstate Financial Advisors Separate Account I)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISER, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST FUND or ADVISER objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST FUND and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the prior written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND or concerning TRUST FUND other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND or its designee, except with the prior written permission of TRUST or ADVISERFUND. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '`40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 6 contracts

Sources: Participation Agreement (Life of Virginia Separate Account 4), Participation Agreement (Life of Virginia Separate Account Ii), Participation Agreement (Life of Virginia Separate Account Iii)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISER, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST FUND or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST FUND and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND or concerning TRUST FUND other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND or its designee, except with the written permission of TRUST or ADVISERFUND. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 4 contracts

Sources: Fund Participation Agreement (Mony Variable Account L), Fund Participation Agreement (Fulcrum Separate Account Allmerica Fin Life Ins & Annuity Co), Fund Participation Agreement (Fulcrum Separate Account of First Allmerica Fin Life Ins Co)

SALES MATERIALS. PRIVACY ------------------------ 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERNB MANAGEMENT, each piece of sales literature or other promotional material in which TRUST or ADVISER NB MANAGEMENT is named, at least ten five (105) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER NB MANAGEMENT objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER NB MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten five (105) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act. 4.6 Subject to law and regulatory authority, each party hereto shall treat as confidential all information pertaining to the owners of the Variable Contracts and all information reasonably identified as confidential in writing by any other party hereto and, except as permitted by this Agreement, shall not disclose, disseminate or utilize such names and addresses and other confidential information until such time as it may come into the public domain without the express written consent of the affected party. Each party hereto shall be solely responsible for the compliance of their officers, directors, employees, agents, independent contractors, and any affiliated and non-affiliated third parties with all applicable privacy-related laws and regulations including but not limited to the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act or rules thereunderand Regulation S-P. The provisions of this Section 4.6 shall survive the termination of this Agreement.

Appears in 4 contracts

Sources: Fund Participation Agreement (Phoenix Life Variable Accumulation Account), Fund Participation Agreement (Riversource of New York Variable Annuity Account), Fund Participation Agreement (Phoenix Life Variable Universal Life Account)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERNB MANAGEMENT, each piece of sales literature or other promotional material in which TRUST or ADVISER NB MANAGEMENT is named, at least ten five (105) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER NB MANAGEMENT objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER NB MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten five (105) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 4 contracts

Sources: Fund Participation Agreement (SBL Variable Annuity Account Xiv), Fund Participation Agreement (SBL Variable Annuity Account Xi), Fund Participation Agreement (Variflex)

SALES MATERIALS. 4.1 LIFE COMPANY 5.1 The Company will furnish, or will cause to be furnished, to TRUST and ADVISERthe Fund or the Distributor, each piece of sales literature or other promotional material in which TRUST the Fund, the Distributor or ADVISER any affiliate thereof is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will shall be used unless the Fund or the Distributor approves such material. Such approval shall be presumed given if TRUST or ADVISER objects notice to its use in writing the contrary is not received by the Company within seven (7) fifteen Business Days after receipt by the Fund or the Distributor of such material. 4.2 TRUST and ADVISER 5.2 The Fund or the Distributor will furnish, or will cause to be furnished, to LIFE COMPANYthe Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Company or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will shall be used unless the Company approves such material. Such approval shall be presumed given if LIFE COMPANY objects notice to its use in writing the contrary is not received by the Fund or within seven (7) fifteen Business Days after receipt by the Company of such material. 4.3 TRUST and its affiliates and agents 5.3 Except with the permission of the Company, neither the Fund nor the Distributor shall not give any information or make any representations on behalf of LIFE COMPANY the Company or concerning LIFE COMPANYthe Company, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a the registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY the Company or its designee. Neither the Fund nor the Distributor shall give such information or make such representations or statements in a context that causes the information, except representations or statements to be false or misleading. 5.4 Except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and the Fund or the Distributor, neither the Company nor its affiliates and or agents shall not give any information or make any representations or statements on behalf of TRUST the Fund, the Distributor or any affiliate thereof or concerning TRUST the Fund, the Distributor or any affiliate thereof, other than the information or representations contained in a the registration statement statements or prospectus prospectuses for TRUSTthe Fund, as such registration statement statements and prospectus prospectuses may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the Fund, or in sales literature or other promotional material approved by TRUST the Fund or the Distributor or designee thereof. Neither the Company nor its designeeaffiliates or agents shall give such information or make such representations or statements in a context that causes the information, except with the written permission of TRUST representations or ADVISERstatements to be false or misleading. 4.5 5.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") NASD rules, the '`40 Act, the '33 Act or rules thereunderthe `33 Act.

Appears in 3 contracts

Sources: Participation Agreement (Phoenix Life & Annuity Variable Universal Life Account), Fund Participation Agreement (Bma Variable Life Account A), Fund Participation Agreement (FSL Separate Account M)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERNBMI, each piece of sales literature or other promotional material in which TRUST or ADVISER NBMI is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER NBMI objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER NBMI will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, literature or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 3 contracts

Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co), Fund Participation Agreement (Variable Annuity 1 Series Account), Fund Participation Agreement (Variable Annuity 1 Series Account)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERN&B MANAGEMENT, each piece of sales literature or other promotional material in which TRUST, MANAGERS TRUST or ADVISER N&B MANAGEMENT is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST, MANAGERS TRUST or ADVISER N&B MANAGEMENT objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER N&B MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import includeincluding, without limitation, limitation advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 3 contracts

Sources: Fund Participation Agreement (Variable Account D of Union Security Insurance Co), Participation Agreement (Separate Account a of Union Security Life Ins Co of New York), Participation Agreement (Variable Account D of Union Security Insurance Co)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 3 contracts

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

SALES MATERIALS. 4.1 LIFE COMPANY 6.1 The Company will furnish, or will cause to be furnished, to TRUST and ADVISERthe Corporations or the Distributor, each piece of sales literature or other promotional material in which TRUST the Portfolios, the Distributor or ADVISER any affiliate thereof is named, at least ten five (105) Business Days business days prior to its intended use. No such material will shall be used if TRUST a Corporation or ADVISER its designee reasonably objects to its such use in writing within seven five (75) Business Days after receipt of such material. Notwithstanding the foregoing, each Corporation and Distributor consent to the use of the name of each Corporation, the Portfolios and the logo for ▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇▇ in sales literature, other promotional material, prospectuses, product brochures and other materials in a manner that is consistent with prior use accepted by the Corporations and the Distributor without any prior notice to or consent from each Corporation or the Distributor. The Corporation shall have the right to require the Company to cease such use if the Corporation reasonably objects to such use in future sales literature or other promotional material, prospectuses, product brochures and other materials. 4.2 TRUST and ADVISER 6.2 Each Corporation or the Distributor will furnish, or will cause to be furnished, to LIFE COMPANYthe Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Company or its Separate Accounts are named, at least ten five (105) Business Days business days prior to its intended use. No such material will shall be used unless the Company approves such material. No material shall be used if LIFE COMPANY a Corporation or its designee reasonably objects to its such use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents 6.3 Except with the express, prior permission of the Company, neither the Corporations nor the Distributor shall not give any information or make any representations on behalf of LIFE COMPANY the Company or concerning LIFE COMPANYthe Company, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a the registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners Owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY the Company or its designee. Neither the Corporations nor the Distributor shall give such information or make such representations or statements in a context that causes the information, except representations or statements to be false or misleading. 6.4 Except with the written express, prior permission of LIFE COMPANY. 4.4 LIFE COMPANY and the Corporations or the Distributor, neither the Company nor its affiliates and or agents shall not give any information or make any representations or statements on behalf of TRUST the Corporations, the Distributor or any affiliate thereof or concerning TRUST the Portfolios, the Distributor or any affiliate thereof, other than the information or representations contained in a the registration statement or prospectus statements for TRUSTthe Portfolios, as such registration statement and prospectus statements may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the Portfolios, or in sales literature or other promotional material approved by TRUST the Corporations or the Distributor or designee thereof. Neither the Company nor its designeeaffiliates or agents shall give such information or make such representations or statements in a context that causes the information, except with the written permission of TRUST representations or ADVISERstatements to be false or misleading. 4.5 6.5 At the request of any party to this Agreement, each other party will make available to the other party’s independent auditors and/or representative of the appropriate regulatory agencies, all records, data and access to operating procedures that may be reasonably requested. 6.6 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") the FINRA rules, the '40 Act, the '33 1940 Act or rules thereunderthe 1933 Act.

Appears in 3 contracts

Sources: Fund Participation Agreement (Mutual of America Separate Account No 2), Fund Participation Agreement (Mutual of America Separate Account No 2), Fund Participation Agreement (Mutual of America Separate Account No 3)

SALES MATERIALS. 4.1 LIFE COMPANY AVLIC will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANYAVLIC, each piece of sales literature or other promotional material in which LIFE COMPANY AVLIC or its Separate separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY AVLIC objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY AVLIC or concerning LIFE COMPANYAVLIC, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANYAVLIC, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY AVLIC or its designee, except with the written permission of LIFE COMPANYAVLIC. 4.4 LIFE COMPANY AVLIC and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '`40 Act, the '`33 Act or rules thereunder.

Appears in 2 contracts

Sources: Fund Participation Agreement (Ameritas Variable Separate Account Va), Participation Agreement (Ameritas Life Insurance Corp Separate Account Llva)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISER, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST FUND or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. Notwithstanding the above, FUND and ADVISER agree that total return information of the FUND's Portfolios may be used in sales literature or other promotional material developed by LIFE COMPANY without first furnishing such sales literature or other promotional material to FUND and ADVISER, provided that such total return information is derived from the prospectus or registration statement of the FUND or from reports provided by FUND or ADVISER or the designee of either to LIFE COMPANY and provided that FUND and ADVISER have been provided prior to its intended use within the time period described above the form of the sales literature or other promotional material that contains or will contain the total return information, and that neither FUND nor ADVISER has objected to its use in writing and provided further that LIFE COMPANY shall be responsible for using such total return information in conformity with the information it is provided. 4.2 TRUST FUND and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND or concerning TRUST FUND other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material supplied or approved by TRUST FUND or its designee, except with the written permission of TRUST FUND or ADVISERits designee. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 2 contracts

Sources: Participation Agreement (Aul American Individual Unit Trust), Fund Participation Agreement (Aul American Unit Trust)

SALES MATERIALS. 4.1 LIFE COMPANY 6.1 The Company will furnish, or will cause to be furnished, to TRUST and ADVISERthe Fund or the Distributor, each piece of sales literature or other promotional material in which TRUST the Fund, the Distributor or ADVISER any affiliate thereof is named, at least ten (10) Business Days prior to its intended use. No such material will shall be used unless the Fund or the Distributor approves such material in writing. Such approval shall be presumed given if TRUST or ADVISER objects notice to its use in writing the contrary is not received by the Company within seven ten (710) Business Days after receipt by the Fund or the Distributor of such material. 4.2 TRUST and ADVISER 6.2 The Fund or the Distributor will furnish, or will cause to be furnished, to LIFE COMPANYthe Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Company or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will shall be used unless the Company approves such material. Such approval shall be presumed given if LIFE COMPANY objects notice to its use in writing the contrary is not received by the Fund or within seven ten (710) Business Days after receipt by the Company of such material. 4.3 TRUST and its affiliates and agents 6.3 Except with the permission of the Company, neither the Fund nor the Distributor shall not give any information or make any representations on behalf of LIFE COMPANY the Company or concerning LIFE COMPANYthe Company, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a the registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners Owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY the Company or its designee. Neither the Fund nor the Distributor shall give such information or make such representations or statements in a context that causes the information, except representations or statements to be false or misleading. 6.4 Except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and the Fund or the Distributor, neither the Company nor its affiliates and or agents shall not give any information or make any representations or statements on behalf of TRUST the Fund, the Distributor or any affiliate thereof or concerning TRUST the Fund, the Distributor or any affiliate thereof, other than the information or representations contained in a the registration statement statements or prospectus prospectuses for TRUSTthe Fund, as such registration statement statements and prospectus prospectuses may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the Fund, or in sales literature or other promotional material approved by TRUST the Fund or the Distributor or designee thereof. Neither the Company nor its designeeaffiliates or agents shall give such information or make such representations or statements in a context that causes the information, except with the written permission of TRUST representations or ADVISERstatements to be false or misleading. 4.5 6.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") FINRA rules, the '40 Act or the ‘33 Act. 6.6 The Company agrees and acknowledges that the Company has no right, title or interest in the names and marks of the Fund and that all use of any designation comprised in whole or part or such names or marks under this Agreement shall inure to the benefit of the Fund and the Distributor. Except as provided in Section 6.1, the '33 Act Company shall not use any such names or rules thereundermarks on its own behalf or on behalf of a Separate Account in connection with marketing the Variable Contracts without prior written consent of the Fund and the Distributor. Upon termination of this Agreement for any reason, the Company shall cease all use of any such names or marks relating to the subject matter contemplated herein. 6.7 The Fund and the Distributor agree and acknowledge that each has no right, title or interest in the names and marks of the Company, and that all use of any designation comprised in whole or part or such names or marks under this Agreement shall inure to the benefit of the Company. Except as provided in Section 6.3, the Fund and Distributor shall not use any such names or marks on its own behalf or on behalf of the Fund in connection with marketing the Fund without prior written consent of the Company. Upon termination of this Agreement for any reason, the Fund and Distributor shall cease all use of any such names or marks relating to the subject matter contemplated herein.

Appears in 2 contracts

Sources: Fund Participation Agreement (COLI VUL-2 Series Account of Great-West Life & Annuity Insurance Co of New York), Fund Participation Agreement (Coli Vul 2 Series Account)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERNB MANAGEMENT, each piece of sales literature or other promotional material in which TRUST or ADVISER NB MANAGEMENT is named, at least ten five (105) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER NB MANAGEMENT objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER NB MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten five (105) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '`40 Act, the '33 Act or rules thereunderthe `33 Act.

Appears in 2 contracts

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

SALES MATERIALS. 4.1 LIFE COMPANY 6.1 The Company will furnish, or will cause to be furnished, to TRUST and ADVISERthe Trust or the Distributor, each piece of sales literature or other promotional material in which TRUST the Trust, the Distributor or ADVISER any affiliate thereof is named, at least ten five (105) Business Days business days prior to its intended use. No such material will shall be used if TRUST the Trust or ADVISER its designee reasonably objects to its such use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER 6.2 The Trust or the Distributor will furnish, or will cause to be furnished, to LIFE COMPANYthe Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Company or its Separate Accounts are named, at least ten five (105) Business Days business days prior to its intended use. No such material will shall be used if LIFE COMPANY objects to its use in writing within seven (7) Business Days after receipt of unless the Company approves such material. 4.3 TRUST and its affiliates and agents 6.3 Except with the express, prior permission of the Company, neither the Trust nor the Distributor shall not give any information or make any representations on behalf of LIFE COMPANY the Company or concerning LIFE COMPANYthe Company, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a the registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners Owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY the Company or its designee. Neither the Trust nor the Distributor shall give such information or make such representations or statements in a context that causes the information, except representations or statements to be false or misleading. 6.4 Except with the written express, prior permission of LIFE COMPANY. 4.4 LIFE COMPANY and the Trust or the Distributor, neither the Company nor its affiliates and or agents shall not give any information or make any representations or statements on behalf of TRUST the Trust, the Distributor or any affiliate thereof or concerning TRUST the Trust, the Distributor or any affiliate thereof, other than the information or representations contained in a the registration statement statements or prospectus prospectuses for TRUSTthe Trust, as such registration statement statements and prospectus prospectuses may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the Trust, or in sales literature or other promotional material approved by TRUST the Trust or the Distributor or designee thereof. Neither the Company nor its designeeaffiliates or agents shall give such information or make such representations or statements in a context that causes the information, except with the written permission of TRUST representations or ADVISERstatements to be false or misleading. 4.5 6.5 At the request of any party to this Agreement, each other party will make available to the other party's independent auditors and/or representative of the appropriate regulatory agencies, all records, data and access to operating procedures that may be reasonably requested. 6.6 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under the National Association of Securities Dealers, Inc. ("NASD") or FINRA rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 2 contracts

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

SALES MATERIALS. 4.1 LIFE The COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISER, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER or DISTRIBUTOR is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST FUND, ADVISER or ADVISER DISTRIBUTOR objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST FUND and ADVISER DISTRIBUTOR will furnish, or will cause to be furnished, to LIFE the COMPANY, each piece of sales literature or other promotional material in which LIFE the COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE the COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE the COMPANY or concerning LIFE the COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE the COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE the COMPANY or its designee, except with the written permission of LIFE the COMPANY. 4.4 LIFE The COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND , ADVISER or DISTRIBUTOR or concerning TRUST FUND, ADVISER or DISTRIBUTOR other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND, ADVISER or DISTRIBUTOR or its designee, except with the written permission of TRUST FUND, ADVISER or ADVISERDISTRIBUTOR, as the case may be. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 2 contracts

Sources: Fund Participation Agreement (Great American Reserve Insurance Co), Fund Participation Agreement (Great American Reserve Variable Annuity Account G)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERWPG, each piece of sales literature or other promotional material in which TRUST or ADVISER WPG is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER WPG objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER WPG will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 2 contracts

Sources: Fund Participation Agreement (Great American Reserve Variable Annuity Account G), Fund Participation Agreement (Great American Reserve Insurance Co)

SALES MATERIALS. 4.1 LIFE COMPANY 6.1 The Company will furnish, or will cause to be furnished, to TRUST and ADVISERthe Fund or the Distributor, each piece of sales literature or other promotional material in which TRUST the Fund, the Distributor or ADVISER any affiliate thereof is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will shall be used unless the Fund or the Distributor approves such material. Such approval shall be presumed given if TRUST or ADVISER objects notice to its use in writing the contrary is not received by the Company within seven fifteen (715) Business Days after receipt by the Fund or the Distributor of such material. 4.2 TRUST and ADVISER 6.2 The Fund or the Distributor will furnish, or will cause to be furnished, to LIFE COMPANYthe Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Company or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will shall be used unless the Company approves such material. Such approval shall be presumed given if LIFE COMPANY objects notice to its use in writing the contrary is not received by the Fund or within seven fifteen (715) Business Days after receipt by the Company of such material. 4.3 TRUST and its affiliates and agents 6.3 Except with the permission of the Company, neither the Fund nor the Distributor shall not give any information or make any representations on behalf of LIFE COMPANY the Company or concerning LIFE COMPANYthe Company, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a the registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners Owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY the Company or its designee. Neither the Fund nor the Distributor shall give such information or make such representations or statements in a context that causes the information, except representations or statements to be false or misleading. 6.4 Except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and the Fund or the Distributor, neither the Company nor its affiliates and or agents shall not give any information or make any representations or statements on behalf of TRUST the Fund, the Distributor or any affiliate thereof or concerning TRUST the Fund, the Distributor or any affiliate thereof, other than the information or representations contained in a the registration statement statements or prospectus prospectuses for TRUSTthe Fund, as such registration statement statements and prospectus prospectuses may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the Fund, or in sales literature or other promotional material approved by TRUST the Fund or the Distributor or designee thereof. Neither the Company nor its designeeaffiliates or agents shall give such information or make such representations or statements in a context that causes the information, except with the written permission of TRUST representations or ADVISERstatements to be false or misleading. 4.5 6.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under the National Association of Securities Dealers, Inc. ("NASD") or FINRA rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 2 contracts

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

SALES MATERIALS. 4.1 LIFE COMPANY 5.1 The Company will furnish, or will cause to be furnished, to TRUST and ADVISERFund or Distributor, each piece of sales literature or other promotional material in which TRUST Fund, Distributor or ADVISER any affiliate thereof is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will shall be used unless the Fund or Distributor approves such material. Such approval shall be presumed given if TRUST or ADVISER objects notice to its use in writing the contrary is not received by Company within seven (7) fifteen Business Days after receipt by the Fund or Distributor of such material. 4.2 TRUST and ADVISER 5.2 Fund or Distributor will furnish, or will cause to be furnished, to LIFE COMPANYthe Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Company or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will shall be used unless the Company approves such material. Such approval shall be presumed given if LIFE COMPANY objects notice to its use in writing the contrary is not received by Fund or within seven (7) fifteen Business Days after receipt by the Company of such material. 4.3 TRUST and its affiliates and agents 5.3 Except with the permission of the Company, neither the Fund nor Distributor shall not give any information or make any representations on behalf of LIFE COMPANY the Company or concerning LIFE COMPANYthe Company, the Separate 5 Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a the registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY the Company or its designee, except provided however that such information or representations are used in a context that does not cause the information, representations or statements contained in the registration statement or prospectus for the Variable Contracts, reports of the Separate Account, or sales literature or other promotional material approved by the Company or its designee to be untrue or omit information contained in such documentation otherwise required to be stated or necessary to make the information, representations, or statements not misleading. 5.4 Except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and the Fund or Distributor, neither the Company nor its affiliates and or agents shall not give any information or make any representations or statements on behalf of TRUST the Fund, Distributor or any affiliate thereof or concerning TRUST the Fund, Distributor or any affiliate thereof, other than the information or representations contained in a the registration statement statements or prospectus prospectuses for TRUSTthe Fund, as such registration statement statements and prospectus prospectuses may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the Fund, or in sales literature or other promotional material approved by TRUST the Fund or its designeeDistributor or designee thereof, except with provided however that such information or representations are used in a context that does not cause the written permission of TRUST information, representations or ADVISERstatements contained in the registration statements or prospectuses for the Fund, reports to shareholders or proxy statements for the Fund, or sales literature or other promotional material approved by the Fund or Distributor or designee thereof to be untrue or omit information contained in such documentation otherwise required to be stated or necessary to make the information, representations, or statements not misleading. 4.5 5.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") NASD rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 2 contracts

Sources: Fund Participation Agreement (Variable Annuity Account a of Protective Life), Fund Participation Agreement (Protective Variable Annuity Separate Account)

SALES MATERIALS. PRIVACY 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERNB MANAGEMENT, each piece of sales literature or other promotional material in which TRUST or ADVISER NB MANAGEMENT is named, at least ten five (105) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER NB MANAGEMENT objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER NB MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten five (105) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act. 4.6 Subject to law and regulatory authority, each party hereto shall treat as confidential all information pertaining to the owners of the Variable Contracts and all information reasonably identified as confidential in writing by any other party hereto and, except as permitted by this Agreement, shall not disclose, disseminate or utilize such names and addresses and other confidential information until such time as it may come into the public domain without the express written consent of the affected party. Each party hereto shall be solely responsible for the compliance of their officers, directors, employees, agents, independent contractors, and any affiliated and non-affiliated third parties with all applicable privacy-related laws and regulations including but not limited to the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act or rules thereunderand Regulation S-P. The provisions of this Section 4.6 shall survive the termination of this Agreement.

Appears in 2 contracts

Sources: Fund Participation Agreement (Ids Life Variable Account 10), Fund Participation Agreement (Ids Life of New York Variable Annuity Account)

SALES MATERIALS. 4.1 LIFE COMPANY 5.1 The Company will furnish, or will cause to be furnished, to TRUST and ADVISERFund or Distributor, each piece of sales literature or other promotional material in which TRUST Fund, Distributor or ADVISER any affiliate thereof is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will shall be used unless the Fund or Distributor approves such material. Such approval shall be presumed given if TRUST or ADVISER objects notice to its use in writing the contrary is not received by Company within seven (7) fifteen Business Days after receipt by the Fund or Distributor of such material. 4.2 TRUST and ADVISER 5.2 Fund or Distributor will furnish, or will cause to be furnished, to LIFE COMPANYthe Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Company or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will shall be used unless the Company approves such material. Such approval shall be presumed given if LIFE COMPANY objects notice to its use in writing the contrary is not received by Fund or within seven (7) fifteen Business Days after receipt by the Company of such material. 4.3 TRUST and its affiliates and agents 5.3 Except with the permission of the Company, neither the Fund nor Distributor shall not give any information or make any representations on behalf of LIFE COMPANY the Company or concerning LIFE COMPANYthe Company, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a the registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY the Company or its designee, except provided however that such information or representations are used in a context that does not cause the information, representations or statements contained in the registration statement or prospectus for the Variable Contracts, reports of the Separate Account, or sales literature or other promotional material approved by the Company or its designee to be untrue or omit information contained in such documentation otherwise required to be stated or necessary to make the information, representations, or statements not misleading. 5.4 Except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and the Fund or Distributor, neither the Company nor its affiliates and or agents shall not give any information or make any representations or statements on behalf of TRUST the Fund, Distributor or any affiliate thereof or concerning TRUST the Fund, Distributor or any affiliate thereof, other than the information or representations contained in a the registration statement statements or prospectus prospectuses for TRUSTthe Fund, as such registration statement statements and prospectus prospectuses may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the Fund, or in sales literature or other promotional material approved by TRUST the Fund or its designeeDistributor or designee thereof, except with provided however that such information or representations are used in a context that does not cause the written permission of TRUST information, representations or ADVISERstatements contained in the registration statements or prospectuses for the Fund, reports to shareholders or proxy statements for the Fund, or sales literature or other promotional material approved by the Fund or Distributor or designee thereof to be untrue or omit information contained in such documentation otherwise required to be stated or necessary to make the information, representations, or statements not misleading. 4.5 5.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") NASD rules, the '`40 Act, the '33 Act or rules thereunderthe `▇▇ ▇▇▇.

Appears in 2 contracts

Sources: Fund Participation Agreement (Mony Variable Account A), Fund Participation Agreement (Mony America Variable Account L)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERNB MANAGEMENT, each piece of sales literature or other promotional material in which TRUST or ADVISER NB MANAGEMENT is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER NB MANAGEMENT objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER NB MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 2 contracts

Sources: Fund Participation Agreement (Neuberger Berman Advisers Management Trust), Fund Participation Agreement (Usl Separate Account Usl Vl-R)

SALES MATERIALS. 4.1 LIFE The COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISER, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER or DISTRIBUTOR is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST FUND, ADVISER or ADVISER DISTRIBUTOR objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST FUND and ADVISER DISTRIBUTOR will furnish, or will cause to be furnished, to LIFE the COMPANY, each piece of sales literature or other promotional material in which LIFE the COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE the COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE the COMPANY or concerning LIFE the COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE the COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE the COMPANY or its designee, except with the written permission of LIFE the COMPANY. 4.4 LIFE The COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND, ADVISER or DISTRIBUTOR or concerning TRUST FUND, ADVISER or DISTRIBUTOR other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND, ADVISER or DISTRIBUTOR or its designee, except with the written permission of TRUST FUND, ADVISER or ADVISERDISTRIBUTOR, as the case may be. 4.5 44.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 2 contracts

Sources: Fund Participation Agreement (Sun Life N Y Variable Account C), Fund Participation Agreement (Keyport Variable Account a/Ma)

SALES MATERIALS. 4.1 LIFE COMPANY 5.1 The Company will furnish, or will cause to be furnished, to TRUST and ADVISERthe Fund or the Distributor, each piece of sales literature or other promotional material in which TRUST the Fund, the Distributor or ADVISER any affiliate thereof is named, at least ten (10) Business Days prior to its intended use. No such material will shall be used unless the Fund or the Distributor approves such material. Such approval shall be presumed given if TRUST or ADVISER objects notice to its use in writing the contrary is not received by the Company within seven (7) fifteen Business Days after receipt by the Fund or the Distributor of such material. 4.2 TRUST and ADVISER 5.2 The Fund or the Distributor will furnish, or will cause to be furnished, to LIFE COMPANYthe Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Company or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will shall be used unless the Company approves such material. Such approval shall be presumed given if LIFE COMPANY objects notice to its use in writing the contrary is not received by the Fund or within seven (7) fifteen Business Days after receipt by the Company of such material. 4.3 TRUST and its affiliates and agents 5.3 Except with the permission of the Company, neither the Fund nor the Distributor shall not give any information or make any representations on behalf of LIFE COMPANY the Company or concerning LIFE COMPANYthe Company, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a the registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY the Company or its designee. Neither the Fund nor the Distributor shall give such information or make such representations or statements in a context that causes the information, except representations or statements to be false or misleading. 5.4 Except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and the Fund or the Distributor, neither the Company nor its affiliates and or agents shall not give any information or make any representations or statements on behalf of TRUST the Fund, the Distributor or any affiliate thereof or concerning TRUST the Fund, the Distributor or any affiliate thereof, other than the information or representations contained in a the registration statement statements or prospectus prospectuses for TRUSTthe Fund, as such registration statement statements and prospectus prospectuses may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the Fund, or in sales literature or other promotional material approved by TRUST the Fund or the Distributor or designee thereof. Neither the Company nor its designeeaffiliates or agents shall give such information or make such representations or statements in a context that causes the information, except with the written permission of TRUST representations or ADVISERstatements to be false or misleading. 4.5 5.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") NASD rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 2 contracts

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

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven (7) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven (7) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for K\PROXY\SYS2\DOCUGRPVAUTFDS\SHDRSERV\PARTAGR\WJ-INCPAI.DOC W30197 TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISER. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 1 contract

Sources: Fund Participation Agreement (Lincoln Life Variable Annuity Account N)

SALES MATERIALS. 4.1 LIFE The COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISERDISTRIBUTOR, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER DISTRIBUTOR is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST FUND or ADVISER DISTRIBUTOR objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST FUND and ADVISER DISTRIBUTOR will furnish, or will cause to be furnished, to LIFE the COMPANY, each piece of sales literature or other promotional material in which LIFE the COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE the COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE the COMPANY or concerning LIFE the COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE the COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE the COMPANY or its designee, except with the written permission of LIFE the COMPANY. 4.4 LIFE The COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND or concerning TRUST FUND other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND or its designee, except with the written permission of TRUST or ADVISERFUND. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employeesemployees (including so-called "broker only" materials), registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (Great American Reserve Variable Annuity Account G)

SALES MATERIALS. 4.1 LIFE The COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, FUND each piece of sales literature or other promotional material in which TRUST or ADVISER FUND is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER FUND objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER FUND will furnish, or will cause to be furnished, to LIFE the COMPANY, each piece of sales literature or other promotional material in which LIFE the COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE the COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE the COMPANY or concerning LIFE the COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE the COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE the COMPANY or its designee, except with the written permission of LIFE the COMPANY. 4.4 LIFE The COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND or concerning TRUST FUND other than the information or representations contained in a registration statement or prospectus for TRUSTFUND's Registration Statement, as such registration statement and prospectus Registration Statement may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND or its designee, except with the written permission of TRUST or ADVISERFUND. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, public including brochures, circulars, research reports, market letters, form letters, seminar textstext , or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employeesemployees (including so-called "broker only" materials), registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (Mitchell Hutchins Series Trust/Ma/)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven (7) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven (7) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISER. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional materialm aterial" or words of similar import includein clude, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 1 contract

Sources: Fund Participation Agreement (Lincoln Life Variable Annuity Account N)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 1 contract

Sources: Fund Participation Agreement (Titanium Annuity Variable Account)

SALES MATERIALS. 4.1 LIFE The COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE the COMPANY, each piece of sales literature or other promotional material in which LIFE the COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE the COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE the COMPANY or concerning LIFE the COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE the COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE the COMPANY or its designee, except with the written permission of LIFE the COMPANY. 4.4 LIFE The COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales “sale literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunderthe ‘33 Act.

Appears in 1 contract

Sources: Fund Participation Agreement (Prudential Discovery Premier Group Variable Contract Account)

SALES MATERIALS. PRIVACY 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERNB MANAGEMENT, each piece of sales literature or other promotional material in which TRUST or ADVISER NB MANAGEMENT is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER NB MANAGEMENT objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER NB MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANYCOMPANY or its designee, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are is named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations or statements on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports of the Separate Accounts which are in the public domain or reports prepared approved by the LIFE Camp ANY for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved provided by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST in connection with the sale of the Variable Contracts other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in published reports of THE TRUST that are IN the public domain or approved by the TRUST or NB MANAGEMENT for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved provided by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act. 4.6 TRUST and NB MANAGEMENT will provide LIFE COMPANY with as much notice as is reasonably practicable of any proxy solicitation for any Designated Portfolio, and of any material change in TRUST's registration statement, particularly any change resulting in a change to the registration statement or prospectus or statement of additional information for any Separate Account. TRUST and NB MANAGEMENT will cooperate with LIFE COMPANY so as to enable LIFE COMPANY to solicit proxies :from Variable Contract owners or to make changes to its prospectus, statement of additional information or registration statement, in an orderly manner. TRUST and NB MANAGEMENT will make reasonable efforts to attempt to have changes affecting Variable Contract prospectuses become effective simultaneously with the annual updates for such prospectuses 4.7 Subject to law and regulatory authority, each party hereto shall treat as confidential all information pertaining to the owners of the Variable Contracts and all information reasonably identified as confidential in writing by any other party hereto and, except as permitted by this Agreement, shall not disclose, disseminate or utilize such names and addresses and other confidential information until such time as it may come into the public domain without the express written consent of the affected party. Each party hereto shall be solely responsible for the compliance of their officers, directors, employees, agents, independent contractors, and any affiliated and non-affiliated third parties with all applicable privacy-related laws and regulations including but not limited to the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act or rules thereunderand Regulation S-P. The provisions of this Section 4.7 shall survive the termination of this Agreement.

Appears in 1 contract

Sources: Fund Participation Agreement (Old Mutual Financial Network Separate Account VA of Fidelity & Guaranty Life Insurance CO)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERNB MANAGEMENT, each piece of sales literature or other promotional material in which TRUST or ADVISER NB MANAGEMENT is named, at least ten five (105) Business Days prior to its intended use. , to: Ellen Busteed Neuberger Berman Management Inc. 6▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇k, ▇▇ 10158 Telephone: ▇▇▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇: ▇▇▇-▇▇▇-▇▇▇1 No such material will be used w▇▇▇ ▇▇ ▇▇▇▇ if TRUST or ADVISER objects NB MANAGEM▇▇▇ ▇▇▇▇▇▇▇ to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER NB MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts Account B are named, at least ten five (105) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate AccountsAccount B, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts Account B or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '`40 Act, the '33 Act or rules thereunderthe `33 Act.

Appears in 1 contract

Sources: Fund Participation Agreement (American Fidelity Separate Account C)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISER, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST FUND or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST FUND and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND or concerning TRUST FUND other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND or its designee, except with the written permission of TRUST or ADVISERFUND. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (PBHG Insurance Series Fund Inc)

SALES MATERIALS. 4.1 LIFE The COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERTRUST, each piece of sales literature or other promotional material in which TRUST or ADVISER its investment adviser is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE the COMPANY, each piece of sales literature or other promotional material in which LIFE the COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE the COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE the COMPANY or concerning LIFE the COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE the COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports report prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE the COMPANY or its designee, except with within the written permission of LIFE the COMPANY. 4.4 LIFE The COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST TRUST, other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (Great American Reserve Variable Annuity Account G)

SALES MATERIALS. 4.1 LIFE The COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISER, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER or DISTRIBUTOR is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST FUND, ADVISER or ADVISER DISTRIBUTOR objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST FUND and ADVISER DISTRIBUTOR will furnish, or will cause to be furnished, to LIFE the COMPANY, each piece of sales literature or other promotional material in which LIFE the COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE the COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE the COMPANY or concerning LIFE the COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE the COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE the COMPANY or its designee, except with the written permission of LIFE the COMPANY. 4.4 LIFE The COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND, ADVISER or DISTRIBUTOR or concerning TRUST FUND, ADVISER or DISTRIBUTOR other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND, ADVISER or DISTRIBUTOR or its designee, except with the written permission of TRUST FUND, ADVISER or ADVISERDISTRIBUTOR, as the case may be. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '`40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Participation Agreement (First Variable Annuity Fund E)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, furnish or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or any of its Separate Accounts are is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or Contract prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or TRUST prospectus, or prospectus for TRUSTany Portfolio, as such registration statement and or prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional materialliterature" or words of similar import includeincludes, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act Act, or rules thereunder.

Appears in 1 contract

Sources: Fund Participation Agreement (Separate Account of Usaa Life Insurance Co)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERNB MANAGEMENT, each piece of sales literature or other promotional material in which TRUST, MANAGERS TRUST or ADVISER NB MANAGEMENT is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST, MANAGERS TRUST or ADVISER NB MANAGEMENT objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER NB MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunderthe ‘33 Act.

Appears in 1 contract

Sources: Fund Participation Agreement (ALAC Separate Account 1)

SALES MATERIALS. 4.1 LIFE COMPANY PRIVACY ------------------------ 4.1. The Life Company will furnish, or will cause to be furnished, to TRUST the Trust and ADVISERthe Distributor, each piece of sales literature or other promotional material in which TRUST the Trust, the Distributor or ADVISER Adviser is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST the Trust or ADVISER the Distributor objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST 4.2. The Trust and ADVISER the Distributor will furnish, or will cause to be furnished, to LIFE COMPANYthe Life Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Life Company or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY the Life Company objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST 4.3. The Trust and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY the Life Company or concerning LIFE COMPANYthe Life Company, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANYthe Life Company, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to timeprospectus, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or educational or other promotional material approved by LIFE COMPANY the Life Company or its designee, except with the written permission of LIFE COMPANYthe Life Company. 4.4 LIFE COMPANY 4.4. The Life Company and its affiliates and agents shall not give any information or make any representations on behalf of TRUST the Trust or a Fund or concerning TRUST the Trust or a Fund other than the information or representations contained in a registration statement or prospectus for TRUSTthe Trust, as such registration statement and prospectus may be amended or supplemented from time to timeprospectus, or in sales literature or other educational or promotional material approved by TRUST the Trust or its designee, except with the written permission of TRUST or ADVISERthe Trust. 4.5 For purposes 4.5. Subject to law and regulatory authority, each party to this Agreement shall treat as confidential all information pertaining to the owners of the Variable Contracts and all information reasonably identified as confidential in writing by any other party hereto and, except as permitted by this Agreement, shall not disclose, disseminate or utilize such names and addresses and other confidential information until such time as it may come into the public domain without the express written consent of the affected party. Each party shall be solely responsible for the compliance of their officers, directors, employees, agents, independent contractors, and any affiliated and non-affiliated third parties with all applicable privacy-related laws and regulations including but not limited to the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act and Regulation S-P. The provisions of this Section shall survive the termination of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 1 contract

Sources: Fund Participation Agreement (Lincoln Variable Insurance Products Trust)

SALES MATERIALS. PRIVACY ------------------------ 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERNB MANAGEMENT, each piece of sales literature or other promotional material in which TRUST or ADVISER NB MANAGEMENT is named, at least ten five (105) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER NB MANAGEMENT objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER NB MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten five (105) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or 9 Neuberger PA - PLAC_PHLVIC.doc representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act. 4.6 Subject to law and regulatory authority, each party hereto shall treat as confidential all information pertaining to the owners of the Variable Contracts and all information reasonably identified as confidential in writing by any other party hereto and, except as permitted by this Agreement, shall not disclose, disseminate or utilize such names and addresses and other confidential information until such time as it may come into the public domain without the express written consent of the affected party. Each party hereto shall be solely responsible for the compliance of their officers, directors, employees, agents, independent contractors, and any affiliated and non-affiliated third parties with all applicable privacy-related laws and regulations including but not limited to the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act or rules thereunderand Regulation S-P. The provisions of this Section 4.6 shall survive the termination of this Agreement.

Appears in 1 contract

Sources: Participation Agreement (Phlvic Variable Universal Life Account)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERNB MANAGEMENT, each piece of sales literature or other promotional material in which TRUST, MANAGERS TRUST or ADVISER NB MANAGEMENT is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST, MANAGERS TRUST or ADVISER NB MANAGEMENT objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER NB MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (Il Annuity & Insurance Co Separate Account 1)

SALES MATERIALS. 4.1 LIFE COMPANY Company will furnish, or will cause to be furnished, to TRUST and ADVISER, Trust each piece of sales literature or other promotional material in which TRUST or ADVISER Trust is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER Trust objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER Trust will furnish, or will cause to be furnished, to LIFE COMPANYCompany, each piece of sales literature or other promotional material in which LIFE COMPANY Company or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY Company objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST Trust and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY Company or concerning LIFE COMPANYCompany, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANYCompany, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY the Company or its designee, except with the written permission of LIFE COMPANYthe Company. 4.4 LIFE COMPANY Company and its affiliates and agents shall not give any information or make any representations on behalf of TRUST Trust or concerning TRUST Trust other than the information or representations contained in a registration statement or prospectus for TRUSTTrust, as such registration statement and or prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST Trust or its designee, except with the written permission of TRUST or ADVISERTrust. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, public including brochures, circulars, research reports, market letters, form letters, seminar textstext, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employeesemployees (including so-called "broker only" materials), registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 1940 Act or the 1933 Act, the '33 Act but shall not include depositor or rules thereundervariable account financial statements sent to existing customers.

Appears in 1 contract

Sources: Participation Agreement (Potomac Insurance Trust)

SALES MATERIALS. PRIVACY 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERDISTRIBUTOR, each piece of sales literature or other promotional material in which TRUST or ADVISER DISTRIBUTOR is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER DISTRIBUTOR objects to its use in writing within seven five (75) Business Days after receipt of such material. For the purposes of this Agreement, “in writing” means facsimile transmissions and electronic mail. 4.2 TRUST and ADVISER DISTRIBUTOR will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunderthe ‘33 Act. 4.6 Subject to law and regulatory authority, each party hereto shall treat as confidential all information pertaining to the owners of the Variable Contracts and all information reasonably identified as confidential in writing by any other party hereto and, except as permitted by this Agreement, shall not disclose, disseminate or utilize such names and addresses and other confidential information until such time as it may come into the public domain without the express written consent of the affected party. Each party hereto shall be solely responsible for the compliance of their officers, directors, employees, agents, independent contractors, and any affiliated and non-affiliated third parties with all applicable privacy-related laws and regulations including but not limited to the ▇▇▇▇▇-▇▇▇▇▇-▇▇▇▇▇▇ Act and Regulation S-P. The provisions of this Section 4.6 shall survive the termination of this Agreement.

Appears in 1 contract

Sources: Fund Participation Agreement (Sentinel Variable Products Trust)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER reasonably objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY reasonably objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY.. 4 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 1 contract

Sources: Participation Agreement (United of Omaha Separate Account C)

SALES MATERIALS. 4.1 The LIFE COMPANY will furnish, or will cause to be furnished, to TRUST the FUND and the ADVISER, each piece of sales literature or other promotional material in which TRUST the FUND or the ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST the FUND or the ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST The FUND and the ADVISER will furnish, or will cause to be furnished, to the LIFE COMPANY, each piece of sales literature or other promotional material in which the LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if the LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST The FUND and its affiliates and agents shall not give any information or make any representations on behalf of the LIFE COMPANY or concerning the LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by the LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by the LIFE COMPANY or its designee, except with the written permission of the LIFE COMPANY. 4.4 The LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST the FUND or concerning TRUST the FUND other than the information or representations contained in a registration statement or prospectus for TRUSTthe FUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST the FUND or its designee, except with the written permission of TRUST or ADVISERthe FUND. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (Navellier Variable Insurance Series Fund Inc)

SALES MATERIALS. 4.1 LIFE COMPANY will shall furnish, or will shall cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten five (105) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER will shall furnish, or will shall cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten five (105) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports that have been furnished to the public or provided to LIFE COMPANY with the intent that the information in such reports may be made available to LIFE COMPANY's Separate Account owners, or proxy statements for the TRUST, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 1 contract

Sources: Fund Participation Agreement (Sun Life (N.Y.) Variable Account J)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERFUND, each piece of sales literature or other promotional material in which TRUST or ADVISER FUND is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER FUND reasonably and validly objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER FUND will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY reasonably and validly objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the its Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND or concerning TRUST FUND other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND or its designee, except with the written permission of TRUST or ADVISERFUND. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research research, reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 1940 Act or rules thereunderthe 1933 Act.

Appears in 1 contract

Sources: Fund Participation Agreement (National Security Life & Annuity Co Variable Account L)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISER, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST FUND or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST FUND and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND or concerning TRUST FUND other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND or its designee, except with the written permission of TRUST or ADVISERFUND. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '`40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (Transamerica Corporate Separate Account Sixteen)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such such, material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement statement, and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 1 contract

Sources: Fund Participation Agreement (JPF Separate Account a of Jefferson Pilot Financial Ins Co)

SALES MATERIALS. PRIVACY ------------------------ 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERNB MANAGEMENT, each piece of sales literature or other promotional material in which TRUST or ADVISER NB MANAGEMENT is named, at least ten five (105) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER NB MANAGEMENT objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER NB MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten five (105) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act. 4.6 Subject to law and regulatory authority, each party hereto shall treat as confidential all information pertaining to the owners of the Variable Contracts and all information reasonably identified as confidential in writing by any other party hereto and, except as permitted by this Agreement, shall not disclose, disseminate or utilize such names and addresses and other confidential information until such time as it may come into the public domain without the express written consent of the affected party. Each party hereto shall be solely responsible for the compliance of their officers, directors, employees, agents, independent contractors, and any affiliated and non-affiliated third parties with all applicable privacy-related laws and regulations including but not limited to the Gramm-Leach-Bliley Act or rules thereunderand Regulation ▇-▇. ▇▇▇ ▇▇▇▇▇▇▇▇ns of this Section 4.6 shall survive the termination of this Agreement.

Appears in 1 contract

Sources: Fund Participation Agreement (Ameritas Variable Separate Account Va)

SALES MATERIALS. 4.1 4.1. LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERNB MANAGEMENT, each piece of sales literature or other promotional material in which TRUST or ADVISER NB MANAGEMENT is named, at least ten five (105) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER NB MANAGEMENT objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 4.2. TRUST and ADVISER NB MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten five (105) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 4.3. TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 4.4. LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 4.5. For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunderthe ‘33 Act.

Appears in 1 contract

Sources: Fund Participation Agreement (Variable Annuity Account A)

SALES MATERIALS. 4.1 LIFE The COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISER, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER or DISTRIBUTOR is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST FUND, ADVISER or ADVISER DISTRIBUTOR objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST FUND and ADVISER DISTRIBUTOR will furnish, or will cause to be furnished, to LIFE the COMPANY, each piece of sales literature or other promotional material in which LIFE the COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE the COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE the COMPANY or concerning LIFE the COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE the COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE the COMPANY or its designee, except with the written permission of LIFE the COMPANY. 4.4 LIFE The COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND , ADVISER or DISTRIBUTOR or concerning TRUST FUND, ADVISER or DISTRIBUTOR other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND, ADVISER or DISTRIBUTOR or its designee, except with the written permission of TRUST FUND, ADVISER or ADVISERDISTRIBUTOR, as the case may be. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (Great American Reserve Variable Annuity Account F)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISER, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST FUND or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST FUND and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND or concerning TRUST FUND other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND or its designee, except with the written permission of TRUST or ADVISERFUND. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD"') rules, the '`40 Act, the '33 Act or rules thereunderthe `▇▇ ▇▇▇.

Appears in 1 contract

Sources: Fund Participation Agreement (Mony America Variable Account L)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERN B MANAGEMENT, each piece of sales literature or other promotional material in which TRUST , MANAGERS TRUST or ADVISER N B MANAGEMENT is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST, MANAGERS TRUST or ADVISER N B MANAGEMENT objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER N B MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this AgreementArticle IV, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (Ameritas Variable Separate Account Va)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERN&B MANAGEMENT, each piece of sales literature or other promotional material in which TRUST, MANGERS TRUST or ADVISER N&B MANAGEMENT is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST, MANAGERS TRUST or ADVISER N&B MANAGEMENT objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER N&B MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of or any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (First Ing of New York Separate Account A1)

SALES MATERIALS. 4.1 LIFE COMPANY The Company will furnish, or will cause to be furnished, to TRUST and ADVISERthe Trust, each piece of sales literature or other promotional material in which TRUST the Trust or ADVISER its investment adviser is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER the Trust objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER The Trust will furnish, or will cause to be furnished, to LIFE COMPANYthe Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Company or its Separate Accounts or the Variable Contracts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY the Company objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST The Trust and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY the Company or concerning LIFE COMPANYthe Company, the Separate Accounts, Accounts or the Variable Contracts issued by LIFE COMPANYthe Company, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY the Company or its designee, except with the written permission of LIFE COMPANYthe Company. 4.4 LIFE COMPANY The Company and its affiliates and agents shall not give any information or make any representations on behalf of TRUST the Trust or the Adviser or concerning TRUST the Trust or the Adviser other than the information or representations contained in a registration statement or prospectus for TRUSTthe Trust, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST the Trust or its designee, except with the written permission of TRUST or ADVISERthe Trust. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures pictures, the internet or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, texts or reprints or excerpts of any other advertisement, sales literature, literature or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, materials and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunderthe ‘33 Act.

Appears in 1 contract

Sources: Participation Agreement (ALAC Separate Account 1)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ each piece of sales literature or other promotional material in which TRUST TRUST, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, or ADVISER PAINEWEBBER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST TRUST, or ADVISER ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of of-such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST TRUST, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, or PAINEWEBBER or concerning TRUST TRUST, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, or PAINEWEBBER other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST TRUST, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, or ADVISERPAINEWEBBER. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act Act, but shall not include depositor or rules thereundervariable account financial statements sent to existing customers.

Appears in 1 contract

Sources: Participation Agreement (Select Life Variable Account)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '`40 Act, the '33 Act or rules thereunder.

Appears in 1 contract

Sources: Fund Participation Agreement (Annuity Investors Variable Account B)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER reasonably objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY reasonably objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, ' or 'in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 1 contract

Sources: Participation Agreement (Companion Life Separate Account C)

SALES MATERIALS. 4.1 LIFE The COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISER, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER or DISTRIBUTOR is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST FUND, ADVISER or ADVISER DISTRIBUTOR objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST FUND and ADVISER DISTRIBUTOR will furnish, or will cause to be furnished, to LIFE the COMPANY, each piece of sales literature or other promotional material in which LIFE the COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE the COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE the COMPANY or concerning LIFE the COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE the COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE the COMPANY or its designee, except with the written permission of LIFE the COMPANY. 4.4 LIFE The COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND , ADVISER or DISTRIBUTOR or concerning TRUST FUND, ADVISER or DISTRIBUTOR other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND, ADVISER or DISTRIBUTOR or its designee, except with the written permission of TRUST FUND, ADVISER or ADVISERDISTRIBUTOR, as the case may be. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '`40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (Lord Abbett Series Fund Inc)

SALES MATERIALS. 4.1 LIFE COMPANY COMPANIES will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST or and ADVISER objects to its use in writing within seven ten (7) 10 Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, COMPANIES each piece of sales literature or other promotional material in which LIFE COMPANY COMPANIES or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY COMPANIES objects to its use in writing within seven (7ten 10) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY COMPANIES or concerning LIFE COMPANYCOMPANIES, the [page break] Separate AccountsAccount, or the Variable Contracts issued by LIFE COMPANYLife Companies, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY Companies or its designee, except with the written permission of LIFE COMPANY.COMPANIES 4.4 LIFE COMPANY COMPANIES and its affiliates and agents shall not give any information or make any representations on behalf of TRUST Trust or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materialsstatements, prospectuses, statements of additional information, shareholder reports and proxy materials and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 1 contract

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

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERN&B MANAGEMENT, each piece of sales literature or other promotional material in which TRUST, MANAGERS TRUST or ADVISER N&B MANAGEMENT is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST, MANAGERS TRUST or ADVISER N&B MANAGEMENT objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER N&B MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (Sun Life of Canada U S Variable Account G)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven (7) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven (7) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISER. 4.5 For purposes of this Agreementagreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 1 contract

Sources: Fund Participation Agreement (Lincoln Life & Annuity Flexible Prem Vari Life Acct M)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISER, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST FUND or ADVISER reasonably objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST FUND and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY reasonably objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND or concerning TRUST FUND other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND or its designee, except with the written permission of TRUST or ADVISERFUND. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '`40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (Galic of New York Separate Account I)

SALES MATERIALS. 4.1 LIFE The COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISER, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER or DISTRIBUTOR is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST FUND, ADVISER or ADVISER DISTRIBUTOR objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST FUND and ADVISER DISTRIBUTOR will furnish, or will cause to be furnished, to LIFE the COMPANY, each piece of sales literature or other promotional material in which LIFE the COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE the COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE the COMPANY or concerning LIFE the COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE the COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE the COMPANY or its designee, except with the written permission of LIFE the COMPANY. 4.4 LIFE The COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND, ADVISER or DISTRIBUTOR or concerning TRUST FUND, ADVISER or DISTRIBUTOR other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND, ADVISER or DISTRIBUTOR or its designee, except with the written permission of TRUST FUND, ADVISER or ADVISERDISTRIBUTOR, as the case may be. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunderthe ‘33 Act.

Appears in 1 contract

Sources: Fund Participation Agreement (Delaware Life Variable Account F)

SALES MATERIALS. 4.1 LIFE The COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISER, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER or DISTRIBUTOR is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST FUND, ADVISER or ADVISER DISTRIBUTOR objects to its use in writing within seven ten (710) Business Days after receipt of such material., 4.2 TRUST FUND and ADVISER DISTRIBUTOR will furnish, or will cause to be furnished, to LIFE the COMPANY, each piece of sales literature or other promotional material in which LIFE the COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE the COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE the COMPANY or concerning LIFE the COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE the COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE the COMPANY or its designee, except with the written permission of LIFE the COMPANY. 4.4 LIFE The COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND, ADVISER or DISTRIBUTOR or concerning TRUST FUND, ADVISER or DISTRIBUTOR other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND, ADVISER or DISTRIBUTOR or its designee, except with the written permission of TRUST FUND, ADVISER or ADVISERDISTRIBUTOR, as the case may be. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published., or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (Sun Life of Canada U S Variable Account G)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER reasonably objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY reasonably objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISER. 4.5 For purposes of this Agreement, the phrase "sales literature in reports or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 1 contract

Sources: Fund Participation Agreement (WRL Series Life Corporate Account)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERNB MANAGEMENT, each piece of sales literature or other promotional material in which TRUST or ADVISER NB MANAGEMENT is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER NB MANAGEMENT objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER NB MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '`40 Act, the '33 Act or rules thereunderthe `▇▇ ▇▇▇.

Appears in 1 contract

Sources: Fund Participation Agreement (First Penn Pacific Variable Life Insurance Separate Account)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST FUND and ADVISER, each piece of sales literature or other promotional material in which TRUST FUND or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST FUND or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST FUND and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST FUND and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST FUND or concerning TRUST FUND other than the information or representations contained in a registration statement or prospectus for TRUSTFUND, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST FUND or its designee, except with the written permission of TRUST or ADVISERFUND. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '`40 Act, the '33 Act or rules thereunderthe `▇▇ ▇▇▇.

Appears in 1 contract

Sources: Fund Participation Agreement (Mony Variable Account A)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERN&B MANAGEMENT, each piece of sales literature or other promotional material in which TRUST, MANAGERS TRUST or ADVISER N&B MANAGEMENT is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST, MANAGERS TRUST or ADVISER N&B MANAGEMENT objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER N&B MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement, prospectus or offering statement or prospectus for such Variable Contracts, as such registration statement, prospectus or offering statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunderthe ‘33 Act.

Appears in 1 contract

Sources: Fund Participation Agreement (Lincoln Life Flexible Premium Variable Life Account S)

SALES MATERIALS. 4.1 LIFE COMPANY COMPANIES will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST or and ADVISER objects to its use in writing within seven ten (7) 10 Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, COMPANIES each piece of sales literature or other promotional material in which LIFE COMPANY COMPANIES or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY COMPANIES objects to its use in writing within seven (7ten 10) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY COMPANIES or concerning LIFE COMPANYCOMPANIES, the Separate AccountsAccount, or the Variable Contracts issued by LIFE COMPANYLife Companies, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY Companies or its designee, except with the written permission of LIFE COMPANY.COMPANIES 4.4 LIFE COMPANY COMPANIES and its affiliates and agents shall not give any information or make any representations on behalf of TRUST Trust or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materialsstatements, prospectuses, statements of additional information, shareholder reports and proxy materials and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 1 contract

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

SALES MATERIALS. 4.1 LIFE COMPANY 6.1 The Company will furnish, or will cause to be furnished, to TRUST and ADVISERthe Trust or the Distributor, each piece of sales literature or other promotional material in which TRUST the Trust, the Distributor or ADVISER any affiliate thereof is named, at least ten five (105) Business Days business days prior to its intended use. No such material will shall be used if TRUST the Trust or ADVISER its designee reasonably objects to its such use in writing within seven five (75) Business Days after receipt of such material. Any approval of sales literature or other promotional material that the Company develops or uses shall be in effect for one year so long as such disclosure regarding the Trust, the Distributor or any affiliate thereof that is named is the same as relevant disclosure used in the approved piece. The Company shall furnish to the Trust or Distributor or their designee any sales material or other promotional material that has materially changed for approval. 4.2 TRUST and ADVISER 6.2 The Trust or the Distributor will furnish, or will cause to be furnished, to LIFE COMPANYthe Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Company or its Separate Accounts are named, at least ten five (105) Business Days business days prior to its intended use. No such material will shall be used unless the Company approves such material. No material shall be used if LIFE COMPANY the Trust or its designee reasonably objects to its such use in writing within seven five (75) Business Days after receipt of such material. Any approval of sales literature or other promotional material that the Trust or the Distributor develops or uses shall be in effect for one year so long as such disclosure regarding the Company is the same as used in the approved piece. The Trust or the Distributor shall furnish to the Company or their designee any sales material or other promotional material that has materially changed for approval. 4.3 TRUST and its affiliates and agents 6.3 Except with the express, prior permission of the Company, neither the Trust nor the Distributor shall not give any information or make any representations on behalf of LIFE COMPANY the Company or concerning LIFE COMPANYthe Company, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a the registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners Owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY the Company or its designee. Neither the Trust nor the Distributor shall give such information or make such representations or statements in a context that causes the information, except representations or statements to be false or misleading. 6.4 Except with the written express, prior permission of LIFE COMPANY. 4.4 LIFE COMPANY and the Trust or the Distributor, neither the Company nor its affiliates and or agents shall not give any information or make any representations or statements on behalf of TRUST the Trust, the Distributor or any affiliate thereof or concerning TRUST the Trust, the Distributor or any affiliate thereof, other than the information or representations contained in a the registration statement statements or prospectus prospectuses for TRUSTthe Trust, as such registration statement statements and prospectus prospectuses may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the Trust, or in sales literature or other promotional material approved by TRUST the Trust or the Distributor or designee thereof. Neither the Company nor its designeeaffiliates or agents shall give such information or make such representations or statements in a context that causes the information, except with the written permission of TRUST representations or ADVISERstatements to be false or misleading. 4.5 6.5 At the request of any party to this Agreement, each other party will make available to the other party's independent auditors and/or representative of the appropriate regulatory agencies, all records, data and access to operating procedures that may be reasonably requested that are reasonably related to each party’s respective obligations under this Agreement. 6.6 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under the National Association of Securities Dealers, Inc. ("NASD") or FINRA rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (Symetra Resource Variable Account B)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to either TRUST and or ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten (10) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven (7) Business Days after receipt of such material. 4.2 Either TRUST and or ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten (10) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven (7) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the TRUST or reports prepared by the TRUST for distribution to owners of the Variable Contracts, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures pictures, electronic or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '`40 Act, the '`33 Act or rules thereunder.

Appears in 1 contract

Sources: Fund Participation Agreement (Farmers Variable Life Separate Account A)

SALES MATERIALS. 4.1 LIFE COMPANY NATIONWIDE will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANYNATIONWIDE, each piece of sales literature or other promotional material in which LIFE COMPANY NATIONWIDE or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY NATIONWIDE objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY NATIONWIDE or concerning LIFE COMPANYNATIONWIDE, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANYNATIONWIDE, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY NATIONWIDE or its designee, except with the written permission of LIFE COMPANYNATIONWIDE. 4.4 LIFE COMPANY NATIONWIDE and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 1 contract

Sources: Fund Participation Agreement (Nationwide Vli Separate Account 4)

SALES MATERIALS. 4.1 LIFE COMPANY The Company will furnish, or will cause to be furnished, to TRUST and ADVISERthe Trust, each piece of sales literature or other promotional material in which TRUST the Trust or ADVISER its investment adviser is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER the Trust objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER The Trust will furnish, or will cause to be furnished, to LIFE COMPANYthe Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Company or its Separate Accounts or the Variable Contracts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY the Company objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST The Trust and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY the Company or concerning LIFE COMPANYthe Company, the Separate Accounts, Accounts or the Variable Contracts issued by LIFE COMPANYthe Company, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY.such 4.4 LIFE COMPANY The Company and its affiliates and agents shall not give any information or make any representations on behalf of TRUST the Trust or the Adviser or concerning TRUST the Trust or the Adviser other than the information or representations contained in a registration statement or prospectus for TRUSTthe Trust, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST the Trust or its designee, except with the written permission of TRUST or ADVISERthe Trust. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures pictures, the internet or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, texts or reprints or excerpts of any other advertisement, sales literature, literature or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, materials and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Participation Agreement (Il Annuity & Insurance Co Separate Account 1)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERNB MANAGEMENT, each piece of sales literature or other promotional material in which TRUST or ADVISER NB MANAGEMENT is named, at least ten five (105) Business Days prior to its intended use. , to: Ellen Busteed Neuberger Berman Management Inc. 605 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇158 Telephone: 21▇-▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇: ▇▇▇-▇▇▇-▇▇▇▇ No such material will be used if wil▇ ▇▇ ▇▇▇▇ ▇▇ TRUST or ADVISER objects to NB MANAGEMEN▇ ▇▇▇▇▇▇▇ ▇o its use in writing within seven five (75) Business Days after receipt of such material. 4.2 TRUST and ADVISER NB MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts Account B are named, at least ten five (105) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven five (75) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate AccountsAccount B, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts Account B or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '`40 Act, the '33 Act or rules thereunderthe `33 Act.

Appears in 1 contract

Sources: Fund Participation Agreement (American Fidelity Separate Account B)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERN&B MANAGEMENT, each piece of sales literature or other promotional material in which TRUST, MANAGERS TRUST or ADVISER N&B MANAGEMENT is named, at least ten fifteen (1015) Business Days 6 7 prior to its intended use. No such material will be used if TRUST, MANAGERS TRUST or ADVISER N&B MANAGEMENT objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER N&B MANAGEMENT will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (Providentmutual Variable Annuity Separate Account)

SALES MATERIALS. 4.1 LIFE COMPANY The Life Company will furnish, or will cause to be furnished, to TRUST the Fund and ADVISERthe Adviser, each piece of sales literature or other promotional material in which TRUST the Fund or ADVISER the Adviser is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST the Fund or ADVISER the Adviser objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST The Fund and ADVISER the Adviser will furnish, or will cause to be furnished, to LIFE COMPANYthe Life Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Life Company or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY the Life Company objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST The Fund and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY the Life Company or concerning LIFE COMPANYthe Life Company, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANYthe Life Company, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY the Life Company or its designee, except with the written permission of LIFE COMPANYthe Life Company. 4.4 LIFE COMPANY The Life Company and its affiliates and agents shall not give any information or make any representations on behalf of TRUST the Fund or concerning TRUST the Fund other than the information or representations contained in a registration statement or prospectus for TRUSTthe Fund, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST the Fund or its designee, except with the written permission of TRUST or ADVISERthe Fund. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, Act or the '33 Act or rules thereunderAct.

Appears in 1 contract

Sources: Fund Participation Agreement (American Separate Account 5)

SALES MATERIALS. 4.1 LIFE Upon request from the FUND or the ADVISER, the COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of the FUND sales literature or other promotional material in which TRUST the FUND (or a Designated Portfolio thereof) or the ADVISER is named. The FUND reserves the right to reasonably object to the continued use of any such sales literature or other promotional material, at least ten (10) Business Days prior to its intended use. No and no such material will shall be used if TRUST or ADVISER objects to its use in writing within seven (7) Business Days after receipt of such materialthe FUND so objects. 4.2 TRUST and Upon request from the COMPANY, the FUND or the ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of the COMPANY sales literature or other promotional material materials in which LIFE COMPANY or the COMPANY, its Separate Accounts are Account(s), or any Variable Contract is named. The COMPANY reserves the right to reasonably object to the continued use of any such sales literature or other promotional material, at least ten (10) Business Days prior to its intended use. No and no such material will shall be used if LIFE the COMPANY objects to its use in writing within seven (7) Business Days after receipt of such materialso objects. 4.3 TRUST The FUND and its the ADVISER and their affiliates and agents shall not give any information or make any representations on behalf of LIFE the COMPANY or concerning LIFE the COMPANY, the Separate AccountsAccount(s), or the Variable Contracts issued by LIFE COMPANYContracts, other than the information or representations contained in a registration statement or prospectus or SAI for such Variable Contracts, as such registration statement and statement, prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus SAI may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST the COMPANY or its designee, except with the written permission of TRUST the COMPANY. 4.4 The COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of the FUND or the ADVISER or concerning the FUND and the ADVISER other than the information or representations contained in a registration statement, prospectus or SAI for the FUND, as such registration statement, prospectus or SAI may be amended or supplemented from time to time, or in sales literature or other promotional material approved by the FUND, the ADVISER, or their designee, except with the written permission of the FUND or the ADVISER. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materialsmaterials (including solicitations for voting instructions), and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. Financial Industry Regulatory Authority ("NASD"“FINRA”) rules, the '40 Act, the '33 1940 Act or rules thereunderthe ▇▇▇▇ ▇▇▇. 4.6 At the request of any Party to this Agreement, each other Party will make available to the other Party’s independent auditors and/or representative of the appropriate regulatory agencies, all records, data and access to operating procedures that may be reasonably requested in connection with compliance and regulatory requirements related to this Agreement or any Party’s obligations under this Agreement.

Appears in 1 contract

Sources: Fund Participation Agreement (Mainstay Vp Series Fund Inc)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. . 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act or rules thereunder.

Appears in 1 contract

Sources: Fund Participation Agreement (Sun Life of Canada U S Variable Account G)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '`40 Act, the '`33 Act or rules thereunder.

Appears in 1 contract

Sources: Fund Participation Agreement (Kilico Variable Separate Account/Il)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, furnish or will cause to be furnished, to TRUST and ADVISER, each piece of sales literature or other promotional material in which TRUST or ADVISER is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or any of its Separate Accounts are is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus for such Variable ContractsContract prospectus, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or TRUST prospectus, or prospectus for TRUSTany Portfolio, as such registration statement and or prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional materialliterature" or words of similar import includeincludes, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") rules, the '40 Act, the '33 Act Act, or rules thereunder.

Appears in 1 contract

Sources: Fund Participation Agreement (Life Insurance Separate Account of Usaa Life Insurance Co)

SALES MATERIALS. 4.1 LIFE COMPANY will furnish, or will cause to be furnished, to TRUST and ADVISERWPG, each piece of sales literature or other promotional material in which TRUST or ADVISER WPG is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if TRUST or ADVISER WPG objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.2 TRUST and ADVISER WPG will furnish, or will cause to be furnished, to LIFE COMPANY, each piece of sales literature or other promotional material in which LIFE COMPANY or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will be used if LIFE COMPANY objects to its use in writing within seven ten (710) Business Days after receipt of such material. 4.3 TRUST and its affiliates and agents shall not give any information or make any representations on behalf of LIFE COMPANY or concerning LIFE COMPANY, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a registration statement or prospectus (including prospectus) for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY or its designee, except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and its affiliates and agents shall not give any information or make any representations on behalf of TRUST or concerning TRUST other than the information or representations contained in a registration statement or prospectus (including prospectus) for TRUST, as such registration statement and prospectus may be amended or supplemented from time to time, or in sales literature or other promotional material approved by TRUST or its designee, except with the written permission of TRUST or ADVISERTRUST. 4.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") Inc., rules, the '`40 Act, the '33 Act or rules thereunderthe `3▇ ▇▇▇. 4.6 LIFE COMPANY will provide to the TRUST at least one copy of all solicitations for voting instructions, sales literature and other promotional materials, requests for no-action letters and all amendments to the above, that relate to the Variable Contracts or the Separate Account(s) of LIFE COMPANY promptly after filing of each with the SEC or other regulatory authority.

Appears in 1 contract

Sources: Fund Participation Agreement (Security Equity Life Insurance Co Separate Account 13)

SALES MATERIALS. 4.1 LIFE COMPANY 5.1 The Company will furnish, or will cause to be furnished, to TRUST and ADVISERFund or Distributor, each piece of sales literature or other promotional material in which TRUST Fund, Distributor or ADVISER any affiliate thereof is named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will shall be used unless the Fund or Distributor approves such material. Such approval shall be presumed given if TRUST or ADVISER objects notice to its use in writing the contrary is not received by Company within seven (7) fifteen Business Days after receipt by the Fund or Distributor of such material. 4.2 TRUST and ADVISER 5.2 Fund or Distributor will furnish, or will cause to be furnished, to LIFE COMPANYthe Company, each piece of sales literature or other promotional material in which LIFE COMPANY the Company or its Separate Accounts are named, at least ten fifteen (1015) Business Days prior to its intended use. No such material will shall be used unless the Company approves such material. Such approval shall be presumed given if LIFE COMPANY objects notice to its use in writing the contrary is not received by Fund or within seven (7) fifteen Business Days after receipt by the Company of such material. 4.3 TRUST and its affiliates and agents 5.3 Except with the permission of the Company, neither the Fund nor Distributor shall not give any information or make any representations on behalf of LIFE COMPANY the Company or concerning LIFE COMPANYthe Company, the Separate Accounts, or the Variable Contracts issued by LIFE COMPANY, other than the information or representations contained in a the registration statement or prospectus for such Variable Contracts, as such registration statement and prospectus may be amended or supplemented from time to time, or in reports of the Separate Accounts or reports prepared for distribution to owners of such Variable Contracts, or in sales literature or other promotional material approved by LIFE COMPANY the Company or its designee, except provided however that such information or representations are used in a context that does not cause the information, representations or statements contained in the registration statement or prospectus for the Variable Contracts, reports of the Separate Account, or sales literature or other promotional material approved by the Company or its designee to be untrue or omit information contained in such documentation otherwise required to be stated or necessary to make the information, representations, or statements not misleading. 5.4 Except with the written permission of LIFE COMPANY. 4.4 LIFE COMPANY and the Fund or Distributor, neither the Company nor its affiliates and or agents shall not give any information or make any representations or statements on behalf of TRUST the Fund, Distributor or any affiliate thereof or concerning TRUST the Fund, Distributor or any affiliate thereof, other than the information or representations contained in a the registration statement statements or prospectus prospectuses for TRUSTthe Fund, as such registration statement statements and prospectus prospectuses may be amended or supplemented from time to time, or in reports to shareholders or proxy statements for the Fund, or in sales literature or other promotional material approved by TRUST the Fund or its designeeDistributor or designee thereof, except with provided however that such information or representations are used in a context that does not cause the written permission of TRUST information, representations or ADVISERstatements contained in the registration statements or prospectuses for the Fund, reports to shareholders or proxy statements for the Fund, or sales literature or other promotional material approved by the Fund or Distributor or designee thereof to be untrue or omit information contained in such documentation otherwise required to be stated or necessary to make the information, representations, or statements not misleading. 4.5 5.5 For purposes of this Agreement, the phrase "sales literature or other promotional material" or words of similar import include, without limitation, advertisements (such as material published, or designed for use, in a newspaper, magazine or other periodical, radio, television, telephone or tape recording, videotape display, signs or billboards, motion pictures or other public media), sales literature (such as any written communication distributed or made generally available to customers or the public, including brochures, circulars, research reports, market letters, form letters, seminar texts, or reprints or excerpts of any other advertisement, sales literature, or published article), educational or training materials or other communications distributed or made generally available to some or all agents or employees, registration statements, prospectuses, statements of additional information, shareholder reports and proxy materials, and any other material constituting sales literature or advertising under National Association of Securities Dealers, Inc. ("NASD") NASD rules, the '40 Act, the '33 Act or rules thereunderthe ‘33 Act.

Appears in 1 contract

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