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: Gxxxxxx Sxxxx VIT Core Fixed Income Gxxxxxx Sachs VIT Government Income Gxxxxxx Sxxxx VIT Growth Opportunities Gxxxxxx Sachs VIT Large Cap Value Gxxxxxx Sxxxx VIT Mid Cap Value Gxxxxxx Sachs VIT Strategic Growth Gxxxxxx Sxxxx VIT Strategic International Equities Gxxxxxx Sachs VIT Structured Small Cap Equities Gxxxxxx Sxxxx 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: Gxxxxxx Sachs VIT Strategic Growth Gxxxxxx Sxxxx 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
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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.

Related to Available Under

  • 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.

  • 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 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:

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

  • CONDITIONS OF OBLIGATIONS OF THE UNDERWRITERS The several obligations of the Underwriters to purchase the Firm Shares on the Closing Date and the Option Shares, if any, on the Option Closing Date are subject to the accuracy, as of the Closing Date or the Option Closing Date, as the case may be, of the representations and warranties of the Company contained herein, and to the performance by the Company of its covenants and obligations hereunder and to the following additional conditions:

  • Descriptions of the Underwriting Agreement This Agreement conforms in all material respects to the description thereof contained in the Registration Statement, the Pricing Disclosure Package and the Prospectus.

  • Default by One or More of the Underwriters If one or more of the Underwriters shall fail at the Closing Time or a Date of Delivery to purchase the Securities which it or they are obligated to purchase under this Agreement (the “Defaulted Securities”), the Representatives shall have the right, within 24 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 Representatives shall not have completed such arrangements within such 24-hour period, then:

  • Conditions of the Obligations of the Underwriter The obligations of the Underwriter hereunder shall be subject to the accuracy of the representations and warranties on the part of the Company set forth in Section 2 hereof, in each case as of the date hereof and as of each Closing Date as though then made, to the timely performance by each of the Company of its covenants and other obligations hereunder on and as of such dates, and to each of the following additional conditions:

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