Common use of THE VARIABLE ACCOUNT Clause in Contracts

THE VARIABLE ACCOUNT. The Variable Account The Variable Account (called "the Account") is a separate investment account established by the Company in accordance with Delaware law. The assets of the Account are owned by the Company. The assets of the Account will be used to provide values and benefits under this Policy and similar policies; but the Account is not chargeable with liabilities arising out of any other business the Company may conduct. Sub-Accounts The Account consists of sub-accounts, each of which is invested in shares of one portfolio of the New England Zenith Fund or its successor. Shares of a portfolio are purchased for a sub-account at their net asset value. The Policy's first investment in the Account is made as of the latest of: . The Policy Date; . The date of Part II of the Application; and . The date the first premium is received by the Company. The Policy's Cash Value will be transferred to the sub-accounts you elected as of the later of: 45 days after Part I of the Application is signed; and 10 days after the Company mails the separate Notice of Withdrawal Right. Before this transfer, the values and benefits of the Policy will depend on the net investment performance of the Money Market sub-account. Each future net premium will be invested in the sub-accounts as of its due date. Each net Unscheduled Payment will be invested in the sub-accounts as of the date it is received by the Company at its Administrative Office. Each distribution of income, dividends and capital gains from a portfolio to the Account will be reinvested for the benefit of the owners of the policies at net asset value in shares of the portfolio which made the distribution. The Cash Value of the Policy at any time cannot be allocated among more than 10 sub-accounts, except with the consent of the Company. The values and benefits of a policy depend on the investment performance of the portfolios in which the sub-accounts are invested. The Company does not guarantee the investment performance of the portfolios. You bear the investment risk for amounts invested for your Policy. Election of Sub-Accounts You elect the sub-accounts in which future net premiums and future net Unscheduled Payments are to be invested. (See Section 1 for net annual premiums.) You can change the election for future premiums and future Unscheduled Payments at any time by notice to the Company. The portion to be applied to each sub-account elected must be a whole percent not less than 10. The portfolios as of the Date of Issue are listed in the then current prospectus for the Account. Change in Portfolios The Company can add or remove portfolios as sub-account investments as permitted by law. When a change is made, the Company will send you: a revised prospectus for the Account which will describe all of the portfolios then in the New England Zenith Fund; and any notice required by law. When a portfolio is removed, the Company has the right to substitute a different portfolio in which the sub-account will then invest: . The value of the removed portfolio; and . Future net premiums and future net Unscheduled Payments applied to that sub-account. Transfer Option After the Right to Return the Policy period you can transfer all or a portion of the Policy's existing share of a sub-account to another sub-account. Requests for transfers can be made in writing or by telephone. The Company is not responsible for the authenticity of transfer instructions received by telephone. Transfers will be subject to a limit of 4 in each policy year, except with the consent of the Company. Change of Investment Policy The investment policy of the Account will not be changed unless: (a) the change has been approved by the Insurance Commissioner of the state of Delaware; and (b) a statement of the approval process has been filed with the Insurance Department of the state in which this Policy is delivered. If the investment policy of the Account is changed, the Company will give you written notice of the change. You can then choose to exchange this Policy for a new policy which has a fixed death benefit. The exchange will be on the same basis as that described in the Exchange of Policy section. If you choose to make the exchange, the request for the exchange must be made within 60 days of the later of: (a) the effective date of the investment policy change; or (b) the date you receive the notice of the change. Rights Reserved by the Company The Company reserves the right to take certain actions subject to compliance with law including, if required, the approval of the owners of the policies. These actions are: (a) to create new investment accounts; (b) to combine any two or more separate investment accounts, including the Account; (c) to invest some or all of the assets of the Account other than in the New England Zenith Fund; (d) to operate the Account as a management investment company and to charge investment advisory fees under the Investment Company Act of 1940 or to operate the Account in any other form permitted by law; and (e) to deregister the Account under the Investment Company Act of 1940 if registration is no longer required.

Appears in 1 contract

Samples: New England Variable Life Separate Account

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THE VARIABLE ACCOUNT. The Variable Account The Variable Account (called "the Account") is a separate investment account established by the Company in accordance with Delaware law. The assets of the Account are owned by the Company. The assets of the Account will be used to provide values and benefits under this Policy and similar policies; but the Account is not chargeable with liabilities arising out of any other business the Company may conduct. Sub-Accounts The Account consists of sub-accounts, each of which is invested in shares of one portfolio of the New England Zenith Fund fund or its successorsuccessor or any other investment company in which the Account is invested. Shares of a portfolio are purchased for a sub-account at their net asset value. The Policy's first investment initial premium is allocated to the Account and the Fixed Account based on allocation instructions in the Application for insurance. The portion of the initial premium allocated to the Account is made invested in the Money Market sub- account as of the latest of: . The Policy Date; . The date of the last Part II of the Application, if any is required; . The effective date of the choice of the Account; and . The date the first premium is received by the Company. The Policy's Cash Value in the Money Market sub-account will be transferred transferred, based on your choice, to the sub-accounts you elected as of the later of: 45 days after Part I of the Application is signed; and 10 days after the Company mails the separate Notice of Withdrawal Right. Before this transfer, the values and benefits of the Policy will depend on on: the net investment performance of the Money Market sub-accountsub- account if any portion of the initial premium is allocated to the Account; and the Policy's portion of the Fixed Account. Each future After this transfer each net premium allocated to the Account and each net unscheduled payment allocated to the Account will be invested in the sub-accounts as of its due date. Each net Unscheduled Payment will be invested in the sub-accounts you chose as of the date it is received by the Company at its Administrative Office. Each distribution of income, dividends and capital gains from a portfolio to the Account a sub-account will be reinvested for the benefit of the owners of the policies in that sub-account at net asset value in shares of the portfolio which made the distribution. The Cash Value of the Policy at any time cannot be allocated among more than 10 9 sub-accounts, except with the consent of the Company; and the Fixed Account will be counted in the limit of 9. The values and benefits of a policy depend on on: the investment performance of the portfolios in which the sub-accounts are invested; and the interest credited to the Fixed Account. The Company does not guarantee the investment performance of the portfoliosportfolios of the sub-accounts. You bear the investment risk for amounts invested in the sub-accounts for your Policy. Election Choice of Sub-Accounts You elect choose the sub-accounts in which future net premiums and future net Unscheduled Payments unscheduled payments are to be invested. (See Section 1 for net annual premiums.) You can change the election choice for future premiums and future Unscheduled Payments unscheduled payments at any time by notice to the Company. The portion of the net premium and the net unscheduled payment to be applied to each sub-account elected chosen must be a whole percent not less than 10. The portfolios as of the Date of Issue are listed in the then current prospectus for the Account. Change in Portfolios The Company can add or remove portfolios as sub-account investments as permitted by law. When a change is made, the Company will send you: a revised prospectus for the Account which will describe all of the portfolios then available in the New England Zenith FundFund or its successor or any other investment company in which the Account is invested; and any notice required by law. When a portfolio is removed, the Company has the right to substitute a different portfolio in which the sub-account will then invest: . The value of the removed portfolio; and . Future net premiums and future net Unscheduled Payments unscheduled payments applied to that sub-account. Transfer Option After the Right to Return the Policy period you can transfer all or a portion of the Policy's existing share of a sub-account to another sub-account. Requests for transfers can be made in writing or by telephone. The Company is not responsible for the authenticity of transfer instructions received by telephone. Transfers will be subject to a limit of 4 in each policy year, except with the consent of the Company. Change of Investment Policy The investment policy of the Account will not be changed unless: (a) the change has been approved by the Insurance Commissioner of the state of Delaware; and (b) a statement of the approval process has been filed with the Insurance Department of the state in which this Policy is delivered. If the investment policy of the Account is changed, the Company will give you written notice of the change. You can then choose to exchange this Policy for a new policy which has a fixed death benefit. The exchange will be on the same basis as that described in the Exchange of Policy section. If you choose to make the exchange, the request for the exchange must be made within 60 days of the later of: (a) the effective date of the investment policy change; or (b) the date you receive the notice of the change. Rights Reserved by the Company The Company reserves the right to take certain actions subject to compliance with law including, if required, the approval of the owners of the policies. These actions are: (a) to create new investment accounts; (b) to combine any two or more separate investment accounts, including the Account; (c) to invest some or all of the assets of the Account other than in the New England Zenith Fund; (d) to operate the Account as a management investment company and to charge investment advisory fees under the Investment Company Act of 1940 or to operate the Account in any other form permitted by law; and (e) to deregister the Account under the Investment Company Act of 1940 if registration is no longer required.

Appears in 1 contract

Samples: New England Variable Life Separate Account

THE VARIABLE ACCOUNT. The Variable Account The Variable Account (called "the Account") is a separate investment account established by the Company in accordance with Delaware law. The assets of the Account are owned by the Company. The assets of the Account will be used to provide values and benefits under this Policy and similar policies; but the Account is not chargeable with liabilities arising out of any other business the Company may conduct. Sub-Accounts The Account consists of sub-accounts, each of which is invested in shares of one portfolio of the New England Zenith Fund fund or its successorsuccessor or any other investment company in which the Account is invested. Shares of a portfolio are purchased for a sub-account at their net asset value. The Policy's first investment is made in the Account is made Money Market sub-account as of the latest of: . The Policy Date; . The date of Part II of the Application, if any is required; and . The date the first premium is received by the Company. The Policy's Cash Value will be transferred transferred, based on your choice, to the sub-sub- accounts you elected and the Fixed Account as of the later of: 45 days after Part I of the Application is signed; and 10 days after the Company mails the separate Notice of Withdrawal Right. Before this transfer, the values and benefits of the Policy will depend on the net investment performance of the Money Market sub-account. Each future After this transfer: each net premium allocated to the Account will be invested in the sub-accounts you chose as of its due date. Each ; and each net Unscheduled Payment allocated to the Account will be invested in the sub-accounts you chose as of the date it is received by the Company at its Administrative Office. Each distribution of income, dividends and capital gains from a portfolio to the Account a sub-account will be reinvested for the benefit of the owners of the policies in that sub-account at net asset value in shares of the portfolio which made the distribution. The Cash Value of the Policy at any time cannot be allocated among more than 10 sub-accounts, except with the consent of the Company; and the Fixed Account will be counted in the limit of 10. The values and benefits of a policy depend on on: the investment performance of the portfolios in which the sub-accounts are invested; and the interest credited to the Fixed Account. The Company does not guarantee the investment performance of the portfoliosportfolios of the sub-accounts. You bear the investment risk for amounts invested in the sub-accounts for your Policy. Election Choice of Sub-Accounts You elect choose the sub-accounts in which future net premiums and future net Unscheduled Payments are to be invested. (See Section 1 for net annual premiums.) You can change the election choice for future premiums and future Unscheduled Payments at any time by notice to the Company. The portion of the net premium and the net Unscheduled Payment to be applied to each sub-account elected chosen must be a whole percent not less than 10. The portfolios as of the Date of Issue are listed in the then current prospectus for the Account. Change in Portfolios The Company can add or remove portfolios as sub-account investments as permitted by law. When a change is made, the Company will send you: a revised prospectus for the Account which will describe all of the portfolios then available in the New England Zenith FundFund or its successor or any other investment company in which the Account is invested; and any notice required by law. When a portfolio is removed, the Company has the right to substitute a different portfolio in which the sub-account will then invest: . The value of the removed portfolio; and . Future net premiums and future net Unscheduled Payments applied to that sub-account. Transfer Option After the Right to Return the Policy period you can transfer all or a portion of the Policy's existing share of a sub-account to another sub-accountaccount or to the Fixed Account. (See Restriction of New Amounts Applied to the Fixed Account provision.) Requests for transfers can be made in writing or by telephone. The Company is not responsible for determining the authenticity of transfer instructions received by telephone. Transfers will be subject to a limit of 4 in each policy year, except with the consent of the Company. Change of Investment Policy The investment policy of the Account will not be changed unless: (a) the change has been approved by the Insurance Commissioner of the state of Delaware; and (b) a statement of the approval process has been filed with the Insurance Department of the state in which this Policy is delivered. If the investment policy of the Account is changed, the Company will give you written notice of the change. You can then choose to exchange this Policy for a new policy which has a fixed death benefit. The exchange will be on the same basis as that described in the Exchange of Policy section. If you choose to make the exchange, the request for the exchange must be made within 60 days of the later of: (a) the effective date of the investment policy change; or (b) the date you receive the notice of the change. Rights Reserved by the Company The Company reserves the right to take certain actions subject to compliance with law including, if required, the approval of the owners of the policies. These actions are: (a) to create new investment accounts; (b) to combine any two or more separate investment accounts, including the Account; (c) to invest some or all of the assets of the Account other than in the New England Zenith Fund; (d) to operate the Account as a management investment company and to charge investment advisory fees under the Investment Company Act of 1940 or to operate the Account in any other form permitted by law; and (e) to deregister the Account under the Investment Company Act of 1940 if registration is no longer required.

Appears in 1 contract

Samples: New England Variable Life Separate Account

THE VARIABLE ACCOUNT. The Variable Account The Variable Account (called "the Account") is a separate investment account established by the Company in accordance with Delaware law. The assets of the Account are owned by the Company. The assets of the Account will be used to provide values and benefits under this Policy and similar policies; but the Account is not chargeable with liabilities arising out of any other business the Company may conduct. Sub-Accounts The Account consists of sub-accounts, each of which is invested in shares of one portfolio of the New England Zenith Fund fund or its successorsuccessor or any other investment company in which the Account is invested. Shares of a portfolio are purchased for a sub-account at their net asset value. The Policy's first investment is made in the Account is made Money Market sub-account as of the latest of: . The Policy Date; . The date of Part II of the Application, if any is required; and . The date the first premium is received by the Company. The Policy's Cash Value will be transferred transferred, based on your choice, to the sub-sub- accounts you elected and the Fixed Account as of the later of: 45 days after Part I of the Application is signed; and 10 days after the Company mails the separate Notice of Withdrawal Right. Before this transfer, the values and benefits of the Policy will depend on the net investment performance of the Money Market sub-account. Each future After this transfer: each net premium allocated to the Account will be invested in the sub-accounts you chose as of its due date. Each ; and each net Unscheduled Payment allocated to the Account will be invested in the sub-accounts you chose as of the date it is received by the Company at its Administrative Office. Each distribution of income, dividends and capital gains from a portfolio to the Account a sub-account will be reinvested for the benefit of the owners of the policies in that sub-account at net asset value in shares of the portfolio which made the distribution. The Cash Value of the Policy at any time cannot be allocated among more than 10 sub-accounts, except with the consent of the Company; and the Fixed Account will be counted in the limit of 10. The values and benefits of a policy depend on on: the investment performance of the portfolios in which the sub-accounts are invested; and the interest credited to the Fixed Account. The Company does not guarantee the investment performance of the portfoliosportfolios of the sub-accounts. You bear the investment risk for amounts invested in the sub-accounts for your Policy. Election Choice of Sub-Accounts You elect choose the sub-accounts in which future net premiums and future net Unscheduled Payments are to be invested. (See Section 1 for net annual premiums.) You can change the election choice for future premiums and future Unscheduled Payments at any time by notice to the Company. The portion of the net premium and the net Unscheduled Payment to be applied to each sub-account elected chosen must be a whole percent not less than 10. The portfolios as of the Date of Issue are listed in the then current prospectus for the Account. Change in Portfolios The Company can add or remove portfolios as sub-account investments as permitted by law. When a change is made, the Company will send you: a revised prospectus for the Account which will describe all of the portfolios then available in the New England Zenith FundFund or its successor or any other investment company in which the Account is invested; and any notice required by law. When a portfolio is removed, . the Company has the right to substitute a different portfolio in which the sub-account will then invest: . The value of the removed portfolio; and . Future net premiums and future net Unscheduled Payments applied to that sub-account. Transfer Option After the Right to Return the Policy period you can transfer all or a portion of the Policy's existing share of a sub-account to another sub-accountaccount or to the Fixed Account. (See Restriction of New Amounts Applied to the Fixed Account provision.) Requests for transfers can be made in writing or by telephone. The Company is not responsible for determining the authenticity of transfer instructions received by telephone. Transfers will be subject to a limit of 4 in each policy year, except with the consent of the Company. Change of Investment Policy The investment policy of the Account will not be changed unless: (a) the change has been approved by the Insurance Commissioner of the state of Delaware; and (b) a statement of the approval process has been filed with the Insurance Department of the state in which this Policy is delivered. If the investment policy of the Account is changed, the Company will give you written notice of the change. You can then choose to exchange this Policy for a new policy which has a fixed death benefit. The exchange will be on the same basis as that described in the Exchange of Policy section. If you choose to make the exchange, the request for the exchange must be made within 60 days of the later of: (a) the effective date of the investment policy change; or (b) the date you receive the notice of the change. Rights Reserved by the Company The Company reserves the right to take certain actions subject to compliance with law including, if required, the approval of the owners of the policies. These actions are: (a) to create new investment accounts; (b) to combine any two or more separate investment accounts, including the Account; (c) to invest some or all of the assets of the Account other than in the New England Zenith Fund; (d) to operate the Account as a management investment company and to charge investment advisory fees under the Investment Company Act of 1940 or to operate the Account in any other form permitted by law; and (e) to deregister the Account under the Investment Company Act of 1940 if registration is no longer required.

Appears in 1 contract

Samples: New England Variable Life Separate Account

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THE VARIABLE ACCOUNT. The Variable Account THE VARIABLE ACCOUNT The Variable Account (called "the Account") is a separate investment account established by the Company in accordance with Delaware law and is now operated in accordance with Massachusetts law. The assets of the Account are owned by the Company. The assets of the Account will be used to provide values and benefits under this Policy and similar policies; but . The portion of the Account assets equal to the reserves plus other policy liabilities of the Account is not chargeable with liabilities arising out of any other business the Company may conduct. SubThe Company reserves the right to transfer to its general account Variable Account assets which exceed the total of reserves and other liabilities of the Account. Incoxx xxx realized and unrealized capital gains and losses of the Account are credited to the Account without regard to any of the Company's other income or capital gains and losses. SUB-Accounts ACCOUNTS The Account consists of sub-accounts, each of which is invested in shares of one portfolio of the New England Zenith Fund fund or its successorsuccessor or any other investment company in which the Account is invested. Shares of a portfolio are purchased for a sub-account at their net asset value. The Policy's first investment initial net premium is allocated to the Account and the Fixed Account based on allocation instructions in the Application for insurance. The portion of the initial net premium allocated to the Account is made as of will be credited with Money Market sub-account net investment performance beginning on the latest of: . - The Policy Date; . - The date of the last Part II of the Application, if any is required; - The effective date of the choice of the Account; and . - The date the first premium is received by the Company. NEV-18-E 44 The portion of the Policy's Cash Value allocated to the Account will be transferred to deposited in the Money Market sub-accounts you elected as of account on the later of: 45 days after Part I of day the Application is signed; and 10 Company mails the Confirmation for the initial premium. Fifteen days after the Company mails the separate Notice Confirmation for the initial premium, the portion of Withdrawal Rightthe Policy's Cash Value allocated to the Account will be transferred, based on your choice, to the sub-accounts. Before this transferdate, the values and benefits of the Policy will depend on on: the net investment performance of the Money Market sub-accountaccount if any portion of the initial premium is allocated to the Account; and the Policy's portion of the Fixed Account. Each After this date each future net premium allocated to the Account and each future net unscheduled payment allocated to the Account will be invested in the sub-accounts as of its due date. Each net Unscheduled Payment will be invested in the sub-accounts you chose as of the date it is received by the Company at its Administrative Home Office. Each distribution of income, dividends and capital gains from a portfolio to the Account a sub-account will be reinvested for the benefit of the owners of the policies in that sub-account at net asset value in shares of the portfolio which made the distribution. The Cash Value of the Policy at any time cannot be allocated among more than 10 9 sub-accounts, except with the consent of the Company; and the Fixed Account will be counted in the limit of 9. The values and benefits of a policy depend on on: the investment performance of the portfolios in which the sub-accounts are invested; and the interest credited to the Fixed Account. The Company does not guarantee the investment performance of the portfoliosportfolios of the sub-accounts. You bear the investment risk for amounts invested in the sub-accounts for your Policy. Election of SubCHOICE OF SUB-Accounts ACCOUNTS You elect choose the sub-accounts in which future net premiums and future net Unscheduled Payments unscheduled payments are to be invested. (See Section 1 for net annual premiums.) You can change the election choice for future premiums and future Unscheduled Payments unscheduled payments at any time by notice to the Company. The portion of the net premium and the net unscheduled payment to be applied to each sub-account elected chosen must be a whole percent not less than 10percent. The portfolios as of the Date of Issue are listed in the then current prospectus for the Account. Change in Portfolios CHANGE IN PORTFOLIOS The Company can add or remove portfolios as sub-account investments as permitted by law. When a change is made, the Company will send you: a revised prospectus for the Account which will describe all of the portfolios then available in the New England Zenith FundFund or its successor or any other investment company in which the Account is invested; and any notice required by law. When a portfolio is removed, the Company has the right to substitute a different portfolio in which the sub-account will then invest: . - The value of the removed portfolio; and . - Future net premiums and future net Unscheduled Payments unscheduled payments applied to that sub-account. Transfer Option After the Right to Return the Policy period you can transfer all or a portion of the Policy's existing share of a sub-account to another sub-account. Requests for transfers can be made in writing or by telephone. The Company is not responsible for the authenticity of transfer instructions received by telephone. Transfers will be subject to a limit of 4 in each policy year, except with the consent of the Company. Change of Investment Policy The investment policy of the Account will not be changed unless: (a) the change has been approved by the Insurance Commissioner of the state of Delaware; and (b) a statement of the approval process has been filed with the Insurance Department of the state in which this Policy is delivered. If the investment policy of the Account is changed, the Company will give you written notice of the change. You can then choose to exchange this Policy for a new policy which has a fixed death benefit. The exchange will be on the same basis as that described in the Exchange of Policy section. If you choose to make the exchange, the request for the exchange must be made within 60 days of the later of: (a) the effective date of the investment policy change; or (b) the date you receive the notice of the change. Rights Reserved by the Company The Company reserves the right to take certain actions subject to compliance with law including, if required, the approval of the owners of the policies. These actions are: (a) to create new investment accounts; (b) to combine any two or more separate investment accounts, including the Account; (c) to invest some or all of the assets of the Account other than in the New England Zenith Fund; (d) to operate the Account as a management investment company and to charge investment advisory fees under the Investment Company Act of 1940 or to operate the Account in any other form permitted by law; and (e) to deregister the Account under the Investment Company Act of 1940 if registration is no longer required.

Appears in 1 contract

Samples: New England Variable Life Separate Account

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