Term and Termination of this Agreement. 9.1 This Agreement will terminate: (a) as to any party hereto, at the option of that party, upon prior written notice to the other party as provided in Section 9.3 herein; or (b) at the option of the FUND in the event that formal administrative proceedings are instituted against the PLAN by the IRS, DOL or any other regulatory body regarding the PLAN's duties under this Agreement or related to the sale of shares to PLAN participants, the operation of the PLAN, provided, however, that the FUND determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the PLAN to perform its obligations under this Agreement; or (c) at the option of the PLAN in the event that formal administrative proceedings are instituted against the FUND by the NASD, the SEC, or any state securities or insurance commission or any other regulatory body, regarding the FUND's duties under this Agreement or related to the sale of FUND shares or the operation of the FUND, provided, however, that the PLAN determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the FUND to perform its obligations under this Agreement; or (d) at the option of the PLAN, upon requisite authority to substitute the shares of another investment company for shares of the FUND in accordance with the PLAN investment policy or standards of conduct; or (e) at the option of the PLAN, in the event any of the FUND's shares are not registered, issued, or sold in accordance with applicable federal and any state law or such law precludes the use of such shares as an investment of the PLAN; or (f) at the option of the PLAN, if the FUND fails to meet the requirements specified in Section 2.2 or 2.3 hereof; or (g) at the option of the FUND, if the investments of the PLAN fail to satisfy the diversification requirements of the Code and the regulations thereunder, or (h) at the option of the PLAN, if the FUND dissolves or becomes otherwise unable to sell shares to fund the PLAN. 9.2 It is understood and agreed that the right of any party hereto to terminate this Agreement pursuant to Section 9.1(a) may be exercised for any reason or for no reason.
Appears in 2 contracts
Samples: Participation Agreement (Aal Variable Life Account I), Participation Agreement (Aal Variable Annuity Account Ii)
Term and Termination of this Agreement. 9.1 8.1 This Agreement will terminate:
(a) as to any party hereto, at the option of that party, upon prior written notice to the other party as provided in Section 9.3 8.3 herein; or
(b) at the option of the FUND in the event that formal administrative proceedings are instituted against the PLAN AAL by the IRSNASD, DOL the SEC, any insurance commissioner or any other regulatory body regarding the PLANAAL's duties under this Agreement or related to the sale of shares to PLAN participantsthe Certificates, the operation of the PLANACCOUNT, or the purchase of FUND shares, provided, however, that the FUND determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the PLAN AAL to perform its obligations under this Agreement; or
(c) at the option of the PLAN AAL in the event that formal administrative proceedings are instituted against the FUND by the NASD, the SEC, or any state securities or insurance commission or any other regulatory body, regarding the FUND's duties under this Agreement or related to the sale of FUND shares or the operation of the FUND, provided, however, that the PLAN AAL determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the FUND to perform its obligations under this Agreement; or
(d) at the option of AAL with respect to the PLANACCOUNT, upon requisite authority to substitute the shares of another investment company for shares of the FUND in accordance with the PLAN terms of the Certificates or in accordance with the ACCOUNT's investment policy or standards of conduct; or
(e) at the option of the PLANa AAL, in the event any of the FUND's shares are not registered, issued, or sold in accordance with applicable federal and any state law or such law precludes the use of such shares as an the underlying investment media of the PLANCertificates issued or to be issued by AAL; or
(f) at the option of the PLANa AAL, if the FUND fails to meet the requirements specified in Section 2.2 or 2.3 2.6 hereof; or
(g) at the option of the FUND, if the investments of the PLAN ACCOUNTs fail to satisfy the diversification requirements of the Code and the regulations thereunder, or
(h) at the option of the PLAN, if the FUND dissolves or becomes otherwise unable to sell shares to fund the PLAN.
9.2 8.2 It is understood and agreed that the right of any party hereto to terminate this Agreement pursuant to Section 9.1(a8.1(a) may be exercised for any reason or for no reason.
Appears in 2 contracts
Samples: Participation Agreement (Aal Variable Annuity Account I), Participation Agreement (Aal Variable Product Series Fund Inc)
Term and Termination of this Agreement. 9.1 This Agreement will terminate:
(a) as to any party hereto, at the option of that party, upon prior written notice to the other party as provided in Section 9.3 herein; or
(b) at the option of the FUND in the event that formal administrative proceedings are instituted against the PLAN AAL by the IRSNASD, DOL the SEC, any state securities or insurance commissioner or any other regulatory body regarding the PLAN's AAL’s duties under this Agreement or related to the sale of shares to PLAN participantsthe Certificates, the operation of the PLANACCOUNTS, or the purchase of FUND shares, provided, however, that the FUND determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the PLAN AAL to perform its obligations under this Agreement; or
(c) at the option of the PLAN AAL in the event that formal administrative proceedings are instituted against the FUND by the NASD, the SEC, or any state securities or insurance commission or any other regulatory body, regarding the FUND's ’s duties under this Agreement or related to the sale of FUND shares or the operation of the FUND, provided, however, that the PLAN AAL determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the FUND to perform its obligations under this Agreement; or
(d) at the option of AAL with respect to the PLANACCOUNTS, upon requisite authority to substitute the shares of another investment company for shares of the FUND in accordance with the PLAN terms of the Certificates or in accordance with the ACCOUNTS investment policy or standards of conduct; or
(e) at the option of the PLANAAL, in the event any of the FUND's ’s shares are not registered, issued, or sold in accordance with applicable federal and any state law or such law precludes the use of such shares as an the underlying investment media of the PLANCertificates issued or to be issued by AAL; or
(f) at the option of the PLANAAL, if the FUND fails to meet the requirements specified in Section 2.2 Sections 2.3 or 2.3 2.6 hereof; or
(g) at the option of the FUND, if the investments of the PLAN ACCOUNTS fail to satisfy the diversification requirements of the Code and the regulations thereunder, or
(h) at the option of the PLANAAL, if the FUND dissolves or becomes otherwise unable to sell shares to fund the PLANACCOUNTS.
9.2 It is understood and agreed that the right of any party hereto to terminate this Agreement pursuant to Section 9.1(a) may be exercised for any reason or for no reason.
Appears in 1 contract
Samples: Participation Agreement (Aal Variable Product Series Fund Inc)
Term and Termination of this Agreement. 9.1 8.1 This Agreement will terminate:
(a) as to any party hereto, at the option of that party, upon prior written notice to the other party as provided in Section 9.3 8.3 herein; or
(b) at the option of the FUND in the event that formal administrative proceedings are instituted against the PLAN AAL by the IRSNASD, DOL the SEC, any state securities or insurance commissioner or any other regulatory body regarding the PLANAAL's duties under this Agreement or related to the sale of shares to PLAN participantsthe Certificates, the operation of the PLANACCOUNTS, or the purchase of FUND shares, provided, however, that the FUND determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the PLAN AAL to perform its obligations under this Agreement; or
(c) at the option of the PLAN AAL in the event that formal administrative proceedings are instituted against the FUND by the NASD, the SEC, or any state securities or insurance commission or any other regulatory body, regarding the FUND's duties under this Agreement or related to the sale of FUND shares or the operation of the FUND, provided, however, that the PLAN AAL determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the FUND to perform its obligations under this Agreement; or
(d) at the option of AAL with respect to the PLANACCOUNTS, upon requisite authority to substitute the shares of another investment company for shares of the FUND in accordance with the PLAN terms of the Certificates or in accordance with the ACCOUNTS investment policy or standards of conduct; or
(e) at the option of the PLANAAL, in the event any of the FUND's shares are not registered, issued, or sold in accordance with applicable federal and any state law or such law precludes the use of such shares as an the underlying investment media of the PLANCertificates issued or to be issued by AAL; or
(f) at the option of the PLANAAL, if the FUND fails to meet the requirements specified in Section 2.2 or 2.3 2.6 hereof; or
(g) at the option of the FUND, if the investments of the PLAN ACCOUNTS fail to satisfy the diversification requirements of the Code and the regulations thereunder, or
(h) at the option of the PLANAAL, if the FUND dissolves or becomes otherwise unable to sell shares to fund the PLANACCOUNTS.
9.2 8.2 It is understood and agreed that the right of any party hereto to terminate this Agreement pursuant to Section 9.1(a8.1(a) may be exercised for any reason or for no reason.
Appears in 1 contract
Samples: Participation Agreement (Aal Variable Product Series Fund Inc)
Term and Termination of this Agreement. 9.1 This Agreement will terminate:
(a) as to any party hereto, at the option of that party, upon prior written notice to the other party as provided in Section 9.3 herein; or
(b) at the option of the FUND in the event that formal administrative proceedings are instituted against the PLAN AAL by the IRSNASD, DOL the SEC, any state securities or insurance commissioner or any other regulatory body regarding the PLANAAL's duties under this Agreement or related to the sale of shares to PLAN participantsthe Certificates, the operation of the PLANACCOUNTS, or the purchase of FUND shares, provided, however, that the FUND determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the PLAN AAL to perform its obligations under this Agreement; or
(c) at the option of the PLAN AAL in the event that formal administrative proceedings are instituted against the FUND by the NASD, the SEC, or any state securities or insurance commission or any other regulatory body, regarding the FUND's duties under this Agreement or related to the sale of FUND shares or the operation of the FUND, provided, however, that the PLAN AAL determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the FUND to perform its obligations under this Agreement; or
(d) at the option of AAL with respect to the PLANACCOUNTS, upon requisite authority to substitute the shares of another investment company for shares of the FUND in accordance with the PLAN terms of the Certificates or in accordance with the ACCOUNTS investment policy or standards of conduct; or
(e) at the option of the PLANAAL, in the event any of the FUND's shares are not registered, issued, or sold in accordance with applicable federal and any state law or such law precludes the use of such shares as an the underlying investment media of the PLANCertificates issued or to be issued by AAL; or
(f) at the option of the PLANAAL, if the FUND fails to meet the requirements specified in Section 2.2 Sections 2.3 or 2.3 2.6 hereof; or
(g) at the option of the FUND, if the investments of the PLAN ACCOUNTS fail to satisfy the diversification requirements of the Code and the regulations thereunder, or
(h) at the option of the PLANAAL, if the FUND dissolves or becomes otherwise unable to sell shares to fund the PLANACCOUNTS.
9.2 It is understood and agreed that the right of any party hereto to terminate this Agreement pursuant to Section 9.1(a) may be exercised for any reason or for no reason.
Appears in 1 contract
Samples: Participation Agreement (Aal Variable Annuity Account Ii)
Term and Termination of this Agreement. 9.1 A. This Agreement will terminate:
(a) 1. as to any party hereto, at the option of that party, upon prior written notice to the other party as provided in Section 9.3 herein; or
(b) 2. at the option of the FUND in the event that formal administrative proceedings are instituted against the PLAN THRIVENT LIFE by the IRSNASD, DOL the SEC, any state securities or insurance commissioner or any other regulatory body regarding the PLANTHRIVENT LIFE's duties under this Agreement or related to the sale of shares to PLAN participantsthe Contracts, the operation of the PLANACCOUNTS, or the purchase of FUND shares, provided, however, that the FUND determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the PLAN THRIVENT LIFE to perform its obligations under this Agreement; or
(c) 3. at the option of the PLAN THRIVENT LIFE in the event that formal administrative proceedings are instituted against the FUND by the NASD, the SEC, or any state securities or insurance commission or any other regulatory body, regarding the FUND's duties under this Agreement or related to the sale of FUND shares or the operation of the FUND, provided, however, that the PLAN THRIVENT LIFE determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the FUND to perform its obligations under this Agreement; or
(d) 4. at the option of THRIVENT LIFE with respect to the PLANACCOUNTS, upon requisite authority to substitute the shares of another investment company for shares of the FUND in accordance with the PLAN terms of the Contracts or in accordance with the ACCOUNTS investment policy or standards of conduct; or
(e) 5. at the option of the PLANTHRIVENT LIFE, in the event any of the FUND's shares are not registered, issued, or sold in accordance with applicable federal and any state law or such law precludes the use of such shares as an the underlying investment media of the PLANContracts issued or to be issued by THRIVENT LIFE; or
(f) 6. at the option of the PLANTHRIVENT LIFE, if the FUND fails to meet the requirements specified in Section 2.2 Sections 2.3 or 2.3 2.6 hereof; or
(g) 7. at the option of the FUND, if the investments of the PLAN ACCOUNTS fail to satisfy the diversification requirements of the Code and the regulations thereunder, or
(h) 8. at the option of the PLANTHRIVENT LIFE, if the FUND dissolves or becomes otherwise unable to sell shares to fund the PLANACCOUNTS.
9.2 B. It is understood and agreed that the right of any party hereto to terminate this Agreement pursuant to Section 9.1(a) may be exercised for any reason or for no reason.
Appears in 1 contract
Samples: Participation Agreement (Tlic Variable Insurance Account A)
Term and Termination of this Agreement. 9.1 This Agreement will terminate:
(a) as to any party hereto, at the option of that party, upon prior written notice to the other party as provided in Section 9.3 herein; or
(b) at the option of the FUND in the event that formal administrative proceedings are instituted against either or both of the PLAN PLANS by the IRSInternal Revenue Service, DOL Department of Labor or any other regulatory body regarding either or both of the PLAN's PLANS’ duties under this Agreement or related to the sale purchase of FUND shares to PLAN by the PLANS’ participants, the operation of either or both of the PLANPLANS, provided, however, that the FUND determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of either or both of the PLAN PLANS to perform its their obligations under this AgreementAgreement and such termination shall only apply to the PLAN so adversely affected; or
(c) at the option of either or both of the PLAN PLANS in the event that formal administrative proceedings are instituted against the FUND by the NASD, the SEC, or any state securities or insurance commission or any other regulatory body, regarding the FUND's ’s duties under this Agreement or related to the sale of FUND shares or the operation of the FUND, provided, however, that the PLAN determinesPLANS determine, in its their sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the FUND to perform its obligations under this Agreement; or
(d) at the option of the PLANPLANS, upon requisite authority to substitute the shares of another investment company for shares of the FUND in accordance with the PLAN PLANS investment policy policies or standards of conduct; or
(e) at the option of either or both of the PLANPLANS, in the event any of the FUND's ’s shares are not registered, issued, or sold in accordance with applicable federal and any state law or such law precludes the use of such shares as an investment of either or both of the PLANPLANS; or
(f) at the option of the PLANPLANS, if the FUND fails to meet the requirements specified in Section 2.2 or 2.3 hereof; or
(g) at the option of the FUND, if the investments of the PLAN fail to satisfy the diversification requirements of the Code and the regulations thereunder, or
(h) at the option of the PLANPLANS, if the FUND dissolves or becomes otherwise unable to sell shares to fund the PLANPLANS.
9.2 It is understood and agreed that the right of any party hereto to terminate this Agreement pursuant to Section 9.1(a) may be exercised for any reason or for no reason.
Appears in 1 contract