Available Under Sample Clauses

Available Under. Each Class of Contracts Effective as of the date the Agreement was executed, Service Class Shares of each of the following Trust Classes and Series are available under the Contracts: Xxxxxxx Xxxxx VIT Core Fixed Income Xxxxxxx Sachs VIT Government Income Xxxxxxx Xxxxx VIT Growth Opportunities Xxxxxxx Sachs VIT Large Cap Value Xxxxxxx Xxxxx VIT Mid Cap Value Xxxxxxx Sachs VIT Strategic Growth Xxxxxxx Xxxxx VIT Strategic International Equities Xxxxxxx Sachs VIT Structured Small Cap Equities Xxxxxxx Xxxxx VIT Structured US Equities Additionally, Series and Classes will include any new Series and Classes created subsequent to the date hereof. SCHEDULE 2 Investment Restrictions Applicable to the Trust Effective as of the date the Agreement was executed, the following investment restrictions are applicable to the Trust: None.
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Available Under. Each Class of Contracts Effective as of the date the Agreement was executed, Service Class Shares of each of the following Trust Classes and Series are available under the Contracts: Xxxxxxx Xxxxx VIT Core Fixed Income Xxxxxxx Xxxxx VIT Government Income Xxxxxxx Xxxxx VIT Growth Opportunities Xxxxxxx Xxxxx VIT Large Cap Value Xxxxxxx Xxxxx VIT Mid Cap Value Xxxxxxx Xxxxx VIT Strategic Growth Xxxxxxx Xxxxx VIT Strategic International Equities Xxxxxxx Xxxxx VIT Structured Small Cap Equities Xxxxxxx Xxxxx VIT Structured US Equities Effective as of the date the Agreement was executed, Institutional Class Shares of each of the following Trust Classes and Series are available under the Contracts: Xxxxxxx Xxxxx VIT Strategic Growth Xxxxxxx Xxxxx VIT Structured Small Cap Equity Additionally, Series involving the Service Class will include any new Series involving the Service Class created subsequent to the date hereof. Schedule 2 Investment Restrictions Applicable to the Trust Effective as of the date the Agreement was executed, the following investment restrictions are applicable to the Trust: AMENDMENT NO. 2 TO PARTICIPATION AGREEMENT RULE 30e-3 Security Benefit Life Insurance Company (the “Company”) on its own behalf and on behalf of each separate account of the Company as set forth on Schedule A to the Participation Agreement, as may be amended from time to time (individually and collectively the “Accounts”), and Xxxxxxx Xxxxx Variable Insurance Trust (the “Trust”), a Delaware statutory trust, and Xxxxxxx Xxxxx & Co. LLC (formerly, Xxxxxxx, Xxxxx & Co.) (the “Distributor”), a New York limited liability company have entered into a participation agreement dated September 20, 1999, as amended (the “Participation Agreement”), whereby the Company invests in shares of certain of the portfolios of the Trust (the “Portfolios”) as a funding vehicle for the Accounts that issue variable annuity and/or life insurance contracts (the “Variable Contracts” or “Contracts”) to persons that are registered owners of such Variable Contracts on the books and records of the Company (the “Contract Owners”). This Amendment No. 2 to Participation Agreement (the “Amendment”) is entered into by and among the Company, the Trust, and Distributor (collectively, the “Parties”), and is effective as of the Effective Date set forth herein.
Sample 1

Related to Available Under

  • FUNDS AVAILABLE UNDER THE CONTRACTS ALL SERIES I SHARES AND SERIES II SHARES OF AIM VARIABLE INSURANCE FUNDS (INVESCO VARIABLE INSURANCE FUNDS) ACCOUNTS UTILIZING THE FUNDS ALL ACCOUNTS UTILIZING THE FUNDS CONTRACTS FUNDED BY THE ACCOUNTS ALL CONTRACTS FUNDED BY THE ACCOUNTS All other terms and provisions of the Agreement not amended herein shall remain in full force and effect. Effective date: April 30, 2010 AIM VARIABLE INSURANCE FUNDS (INVESCO VARIABLE INSURANCE FUNDS) Attest: /s/ Xxxxx Xxxxxxxx By: /s/ Xxxx X. Xxxx Name: Xxxxx Xxxxxxxx Name: Xxxx X. Xxxx Title: Assistant Secretary Title: Senior Vice President INVESCO DISTRIBUTORS, INC. Attest: /s/ Xxxxx Xxxxxxxx By: /s/ Xxxx X. Xxxxxx Name: Xxxxx Xxxxxxxx Name: Xxxx X. Xxxxxx Title: Assistant Secretary Title: President THE GUARDIAN INSURANCE & ANNUITY COMPANY, INC. Attest: /s/ Xxxx Xxxxxxxxx By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxx Xxxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Manager Title: VP GUARDIAN INVESTOR SERVICES LLC Attest: /s/ Xxxx Xxxxxxxxx By: /s/ Xxxx X. Xxxxxx Name: Xxxx Xxxxxxxxx Name: Xxxx X. Xxxxxx Title: Manager Title: Senior Vice President

  • Negative undertakings The Borrower will not:

  • Termination of the Obligations of the Underwriters The obligations of the Underwriters to purchase the Notes on the Closing Date shall be terminable by the Representatives by written notice delivered to the Issuer and the Company if at any time on or before the Closing Date (a) trading in securities generally on the New York Stock Exchange shall have been suspended or materially limited, or there shall have been any setting of minimum prices for trading on such exchange, (b) a general moratorium on commercial banking activities in New York or Virginia shall have been declared by any of Federal, New York state or Virginia state authorities, (c) there shall have occurred any material outbreak or escalation of hostilities or other calamity or crisis, the effect of which on the financial markets of the United States is such as to make it, in the Representatives’ reasonable judgment, impracticable to market the Notes on the terms and in the manner contemplated in the Prospectus or (d) any change or any development involving a prospective change, materially and adversely affecting (i) the Trust Assets taken as a whole or (ii) the business or properties of the Issuer, the Company or the Seller occurs, which, in the Representatives’ reasonable judgment, in the case of either clause (i) or (ii), makes it impracticable or inadvisable to market the Notes on the terms and in the manner contemplated in the Prospectus. Upon such notice being given, the parties to this Agreement shall (except for the liability of the Issuer, the Company and the Seller under Section 9 and Section 10 of this Agreement and the liability of each Underwriter under Section 17 of this Agreement) be released and discharged from their respective obligations under this Agreement.

  • Default by One or More Underwriters If one or more of the Underwriters shall fail on the Closing Date or an Option Closing Date to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representative shall use reasonable efforts, within 36 hours thereafter, to make arrangements for one or more of the non-defaulting Underwriters, or any other underwriters, to purchase all, but not less than all, of the Defaulted Securities in such amounts as may be agreed upon and upon the terms herein set forth; if, however, the Representative shall not have completed such arrangements within such 36-hour period, then:

  • Conditions to the Obligations of the Underwriter The several obligations of each Underwriter named in any Terms Agreement to purchase and pay for the Certificates will be subject to the accuracy of the representations and warranties on the part of the Depositor as of the date hereof, the date of the applicable Terms Agreement and the applicable Closing Date, to the accuracy of the statements made in any officers’ certificates (each an “Officer’s Certificate”) pursuant to the provisions hereof, to the performance by the Depositor of its obligations hereunder and to the following additional conditions precedent:

  • Conditions to the Obligation of the Underwriter The obligation of the Underwriter to purchase the Certificates shall be subject to the accuracy in all material respects of the representations and warranties on the part of WFASC and Wells Fargo Bank contained herein as of the date of the applicable Texxx Xgreement and as of the Closing Date, to the accuracy of the statements of WFASC and Wells Fargo Bank made in any officer's certificate pursuant to the prxxxxxons hereof, to the performance in all material respects by WFASC of its obligations hereunder and to the following additional conditions:

  • Positive undertakings The undertakings in this Clause 21 (Positive Undertakings) remain in force from the date of this Agreement for so long as any amount is outstanding under the Finance Documents or any Commitment is in force. The Borrower shall, and shall cause each of its Subsidiaries, to comply with the undertakings contained in this Clause 21.

  • Agreements of the Underwriters Each Underwriter, severally and not jointly, agrees with the Seller, the Company and NFI that upon the execution of this Agreement and authorization by each Underwriter of the release of the Offered Certificates, each Underwriter shall offer the Offered Certificates for sale upon the terms and conditions set forth herein in the amounts set forth in Annex A hereto.

  • Conditions to the Obligations of the Underwriters The obligations of the Underwriters to purchase the Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the Execution Time and the Closing Date, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

  • Certain Agreements of the Underwriter The Underwriter hereby represents and agrees that:

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