Xxxx Price. X. Xxxx Price Associates, Inc. 000 Xxxx Xxxxx Xxxxxx Baltimore, MD 21202 Attention: Xxxx Xxxxxxx Fax #: (000) 000-0000 cc: Xxxxx X. Xxxxxxx, Esq. X. Xxxx Price Associates, Inc. 000 Xxxx Xxxxx Xxxxxx Baltimore, MD 21202 Fax #: (000) 000-0000 JHLICO: Xxxx Xxxxxxx Life Insurance Company 000 Xxxxxxxxx Xxxxxx X.X. Xxx 000 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxx Fax #: (000) 000-0000 TRUST: Xxxx Xxxxxxx Variable Series Trust I 000 Xxxxxxxxx Xxxxxx X.X. Xxx 000 Xxxxxx, XX 00000 Attention: Xxxxxxx X. Xxxxx Fax #: (000) 000-0000
Xxxx Price. X. Xxxx Price may terminate this Agreement with respect to any Fund on at least sixty days' prior written notice delivered to the Trust and to JHLICO. JHLICO may terminate this Agreement with respect to any Fund on at least sixty days' prior written notice delivered to the Trust and to X.
Xxxx Price. In considering whether to recommend that the X. Xxxx Agreement be approved by shareholders, the Board requested and evaluated various information from KeyCorp Advisers and X. Xxxx Price relevant to KeyCorp Advisers' decision. In addition, the Board considered various other factors which it deemed to be relevant, including, but not limited to, the capabilities to be provided by X. Xxxx Price; the consistency and stability of its investment team; the trading systems to be utilized and the potential to minimize transaction costs; the ability to customize a portfolio for the Fund; the proposed fee schedule and allocation of fees between KeyCorp Advisers and X. Xxxx Price; X. Xxxx Price's experience acting as a sub-adviser; X. Xxxx Price's experience as a mutual fund adviser; and KeyCorp Advisers' access to the various resources of X.
Xxxx Price. You will notify X. Xxxx Price immediately in the event shares of the Funds cease to be qualified for sale under, or cease to qualify for an exemption from the requirements of, any such state or jurisdiction; and
Xxxx Price. Except to the extent set forth above in Section 1 of this Agreement, neither party hereto shall be, act as, or represent itself as, the agent or representative of the other, nor shall either party have the right or authority to assume, create or incur any liability or any obligation of any kind, express or implied, against or in the name of, or on behalf of, the other party. This Agreement is not intended to, and shall not, create any rights against either party hereto by any third party solely on account of this Agreement. Neither party hereto shall use the name of the other party in any manner without the other party's prior written consent, except: (i) as required by any applicable federal or state law, rule, regulation or requirement; (ii) pursuant to any promotional programs mutually agreed upon in writing by the parties hereto; and (iii)
Xxxx Price. Section 13 - Amendment This Agreement may be amended only by a writing executed by each party.
Xxxx Price. Accordingly, the Company covenants and agrees that (i) the Purchaser or any other registered holder of a Note shall be entitled to obtain on behalf of an applicable Participant the benefits of this Agreement and each Related Agreement and (ii) the Company shall take such action as may be necessary or advisable in order to enable the Purchaser or any other registered holder of a Note to do the same and shall not at any time insist upon, plead or in any manner whatsoever claim that a Participant is not indirectly entitled to a right or benefit available to a registered holder of a Note under this Agreement or any Related Agreement because it is a Participant and not such a registered holder. Without in any way limiting the foregoing, the Company acknowledges and agrees that its obligations under the Registration Rights Agreement are for the benefit of both the holders of the Notes and Participants and that any shares of Common Stock acquired by a Participant upon conversion of a Note or Notes in which such Participant holds a participation interest shall be subject to the terms of the Registration Rights Agreement until such shares are no longer "Transfer Restricted Securities," as such term is defined therein.
Xxxx Price. Date of Day 1 Closing Bid of Day 1 Date of Day 2 Closing Bid of Day 2 Date of Day 3 Closing Bid of Day 3 Date of Day 4 Closing Bid of Day 4 Date of Day 5 Closing Bid of Day 5 Lowest 1 (one) Closing Bid in Pricing Period Put Amount Amount Wired to Company Purchase Price (96% (ninety-six percent))
Xxxx Price. X. Xxxx Price may terminate this Agreement
Xxxx Price. Signed by the parties: United of Omaha Life Insurance Company By its authorized officer, By: /s/ -------------------------- Xxxxxxx X. Xxxx Title: Senior Vice President Date: 9/24/97 Variable Insurance Products Fund II By its authorized officer, By: /s/ -------------------------- J. Xxxx Xxxxxxxx Title: Senior Vice President Date: 7/30/97
