Common use of WITHDRAWAL CHARGES Clause in Contracts

WITHDRAWAL CHARGES. At the time of any withdrawal or surrender of this contract, the amount subject to Withdrawal Charges is equal to the amount of total Purchase Payments less any amount You withdrew previously to which We applied Withdrawal Charges. We will not apply Withdrawal Charges on any amounts withdrawn or surrendered in excess of the total Purchase Payments. However, note that withdrawals of the Free Withdrawal Amount do not reduce the overall amount subject to Withdrawal Charges. The amount of Withdrawal Charges applicable to any withdrawal will equal the product of (i) the applicable Withdrawal Charge Percentage shown on the Specifications Pages and (ii) the lesser of (a) the total withdrawal amount, less any remaining Free Withdrawal Amount for the applicable Contract Year, and (b) the amount subject to Withdrawal Charges, if any, less any remaining Free Withdrawal Amount for the applicable Contract Year. The amount of Withdrawal Charges applicable to a full surrender of this contract will equal the product of (i) the applicable Withdrawal Charge Percentage shown on the Specifications Pages and (ii) the amount subject to Withdrawal Charges, if any. We will not apply, or will waive, Withdrawal Charges with respect to: • Any amounts withdrawn during the current Contract Year that are, in the aggregate, less than or equal to the Free Withdrawal Amount; • Any amounts applied to a Settlement Option; • Any amounts withdrawn after the Withdrawal Charge Period; • The portion of any amounts withdrawn that exceed the sum of all Purchase Payments; and

Appears in 2 contracts

Samples: Modified Single Premium Individual Deferred Annuity (Gainbridge Life Insurance Co), Modified Single Premium Individual Deferred Annuity (Gainbridge Life Insurance Co)

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WITHDRAWAL CHARGES. At The amount of the time Withdrawal Charge is stated in the Data Pages. We have the right to change the Charge shown in the Data Pages with respect to future Contributions, subject to any maximum stated in the Data Pages. We will give you notice of any withdrawal or surrender of this contractchange. If specified in the Data Pages, the a ‘‘Free Withdrawal Amount’’ will apply as follows: ‘‘Free Withdrawal Amount’’ means an amount subject to Withdrawal Charges is equal to the amount percentage, stated in the Data Pages, of the Annuity Account Value, minus the total Purchase Payments less any amount You withdrew previously to which We applied of all prior withdrawals (and associated Withdrawal Charges. We will not apply Withdrawal Charges on any amounts withdrawn or surrendered ) made as described in excess of the total Purchase Payments. However, note that withdrawals of the Free Withdrawal Amount do not reduce the overall amount subject to Withdrawal Charges. The amount of Withdrawal Charges applicable to any withdrawal will equal the product of (i) the applicable Withdrawal Charge Percentage shown on the Specifications Pages and (ii) the lesser of (a) the total withdrawal amount, less any remaining Free Withdrawal Amount for the applicable Contract Year, and (b) the amount subject to Withdrawal Charges, if any, less any remaining Free Withdrawal Amount for the applicable Contract Year. The amount of Withdrawal Charges applicable to a full surrender of this contract will equal the product of (i) the applicable Withdrawal Charge Percentage shown on the Specifications Pages and (ii) the amount subject to Withdrawal Charges, if any. We will not apply, or will waive, Withdrawal Charges with respect to: • Any amounts withdrawn during Section 6.01 in the current Contract Year that aremay be withdrawn each Contract Year without incurring a Withdrawal Charge. We have the right to change the Free Withdrawal Amount, but it will always be a percentage between 10% and 30% if so provided in the aggregateData Pages. If the amount of a withdrawal made under Part VI is more than the Free Withdrawal Amount (defined above), less than or we will (a) first withdraw from the Investment Options, on the basis described in Section 6.01, an amount equal to the Free Withdrawal Amount; • Any amounts applied , and (b) then withdraw from the Investment Options an amount equal to the excess of the amount requested over the Free Withdrawal Amount, plus a Settlement Option; • Any Withdrawal Charge if one applies. For purposes of this Section, amounts withdrawn after up to the Free Withdrawal Amount will not be deemed a withdrawal of any Contributions. We have the right to carry forward the Free Withdrawal Amount into a future Contract Year, if not used in any Year, if so stated in the Data Pages. Any withdrawals in excess of the Free Withdrawal Amount will be deemed withdrawals of Contributions in the reverse order in which they were made. That is, Contributions will be withdrawn on a last-in, first-out basis unless the Data Pages state that a first-in, first-out basis will apply. In addition, your years of participation under the Prior Contract or years since contributions were made under the Prior Contract, if applicable, may be included for purposes of determining the Withdrawal Charge, if so specified in the Data Pages in accordance with our rules then in effect. If specified in the Data Pages we have the right to reduce or waive the Withdrawal Charge Period; • The portion of upon such events as stated in the Data Pages. Moreover, the Withdrawal Charge will be reduced if needed in order to comply with any amounts withdrawn that exceed the sum of all Purchase Payments; andapplicable state or federal law.

Appears in 2 contracts

Samples: Flexible Premium Deferred Variable and Index Linked Annuity Contract (Separate Acct No 49 of Axa Equitable Life Insurance Co), Flexible Premium Deferred Variable and Index Linked Annuity Contract (Separate Acct No 49 of Axa Equitable Life Insurance Co)

WITHDRAWAL CHARGES. At If a cash withdrawal is made, a withdrawal charge may be assessed by the Company. The length of time between the Company acceptance of the Premium Payment(s) and the receipt of a withdrawal request determines the withdrawal charge. For this purpose each withdrawal is deemed to represent a withdrawal of a Premium Payment previously accepted (or a portion thereof). Premium Payments will be deemed to have been withdrawn in the order in which the Premium Payments were received by the Company (i.e., oldest premium first). After all Premium Payments have been deemed withdrawn, the Company will deem further withdrawals to be from net investment results attributable to such Premium Payments, if any. The schedule of withdrawal charges is set forth in the "Schedule of Charges, Expenses and Fees." On withdrawal, any applicable Market Value Adjustment will be deducted before application of any withdrawal or surrender charge. Withdrawal charges are deducted proportionately from the Fixed and/or Variable Account Sub-Account(s) from which the withdrawal is to be made, provided such Sub-Account(s) have sufficient account value(s) for making such deduction(s). If any of the account value(s) of such Sub-Account(s), however, are insufficient, its remaining withdrawal charges will be deducted on a pro rata basis from all Fixed and/or Variable Account Sub-Accounts in proportion to the then-current account value(s) of such Sub-Account(s). See "Penalty-Free Withdrawals, Transfers and Annuitization Provisions" for situations in which a withdrawal charge is not imposed. For the purpose of any qualified plan riders which may be attached to this contract, the amount subject to Withdrawal Charges is equal to the amount of total Purchase Payments less any amount You withdrew previously to which We applied Withdrawal Charges. We will not apply Withdrawal Charges on any amounts withdrawn or surrendered in excess of the total Purchase Payments. Howeverterm 'Surrender Charge' wherever referenced therein, note that withdrawals of the Free Withdrawal Amount do not reduce the overall amount subject to Withdrawal Charges. The amount of Withdrawal Charges applicable to any shall mean 'withdrawal will equal the product of (i) the applicable Withdrawal Charge Percentage shown on the Specifications Pages and (ii) the lesser of (a) the total withdrawal amount, less any remaining Free Withdrawal Amount for the applicable Contract Year, and (b) the amount subject to Withdrawal Charges, if any, less any remaining Free Withdrawal Amount for the applicable Contract Year. The amount of Withdrawal Charges applicable to a full surrender of this contract will equal the product of (i) the applicable Withdrawal Charge Percentage shown on the Specifications Pages and (ii) the amount subject to Withdrawal Charges, if any. We will not apply, or will waive, Withdrawal Charges with respect to: • Any amounts withdrawn during the current Contract Year that are, in the aggregate, less than or equal to the Free Withdrawal Amount; • Any amounts applied to a Settlement Option; • Any amounts withdrawn after the Withdrawal Charge Period; • The portion of any amounts withdrawn that exceed the sum of all Purchase Payments; andcharge' as set forth above.

Appears in 1 contract

Samples: Variable Annuity Contract (Lincoln New York Account N for Variable Annuities)

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WITHDRAWAL CHARGES. At If a cash withdrawal is made, a withdrawal charge may be assessed by the Company. The length of time between the Company acceptance of the Premium Payment(s) and the receipt of a withdrawal request determines the withdrawal charge. For this purpose each withdrawal is deemed to represent a withdrawal of a Premium Payment previously accepted (or a portion thereof). Premium Payments will be deemed to have been withdrawn in the order in which the Premium Payments were received by the Company (i.e., oldest premium first). After all Premium Payments have been deemed withdrawn, the Company will deem further withdrawals to be from net investment results attributable to such Premium Payments, if any. The schedule of withdrawal charges is set forth in the "Schedule of Charges, Expenses and Fees." On withdrawal, any applicable Annuity Account Fee and Market Value Adjustment will be deducted before application of any withdrawal or surrender charge. Withdrawal charges are deducted proportionately from the Fixed and/or Variable Account Sub-Account(s) from which the withdrawal is to be made, provided such Sub-Account(s) have sufficient account value(s) for making such deduction(s). If any of the account value(s) of such Sub-Account(s), however, are insufficient, its remaining withdrawal charges will be deducted on a pro rata basis from all Fixed and/or Variable Account Sub-Accounts in proportion to the then-current account value(s) of such Sub-Account(s). See "Penalty-Free Withdrawals, Transfers and Annuitization Provisions" for situations in which a withdrawal charge is not imposed. For the purpose of any qualified plan riders which may be attached to this contract, the amount subject to Withdrawal Charges is equal to the amount of total Purchase Payments less any amount You withdrew previously to which We applied Withdrawal Charges. We will not apply Withdrawal Charges on any amounts withdrawn or surrendered in excess of the total Purchase Payments. Howeverterm 'Surrender Charge' wherever referenced therein, note that withdrawals of the Free Withdrawal Amount do not reduce the overall amount subject to Withdrawal Charges. The amount of Withdrawal Charges applicable to any shall mean 'withdrawal will equal the product of (i) the applicable Withdrawal Charge Percentage shown on the Specifications Pages and (ii) the lesser of (a) the total withdrawal amount, less any remaining Free Withdrawal Amount for the applicable Contract Year, and (b) the amount subject to Withdrawal Charges, if any, less any remaining Free Withdrawal Amount for the applicable Contract Year. The amount of Withdrawal Charges applicable to a full surrender of this contract will equal the product of (i) the applicable Withdrawal Charge Percentage shown on the Specifications Pages and (ii) the amount subject to Withdrawal Charges, if any. We will not apply, or will waive, Withdrawal Charges with respect to: • Any amounts withdrawn during the current Contract Year that are, in the aggregate, less than or equal to the Free Withdrawal Amount; • Any amounts applied to a Settlement Option; • Any amounts withdrawn after the Withdrawal Charge Period; • The portion of any amounts withdrawn that exceed the sum of all Purchase Payments; andcharge' as set forth above.

Appears in 1 contract

Samples: Variable Annuity Contract (Lincoln New York Account N for Variable Annuities)

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