Common use of Diversification and Qualification Clause in Contracts

Diversification and Qualification. 6.1. The Fund and the Distributor each represents and warrants that the Fund will at all times sell its shares and invest its assets in such a manner as to ensure that the Contracts will be treated as annuity contracts under the Code, and the regulations issued thereunder. Without limiting the scope of the foregoing, each Designated Portfolio thereof will at all times comply with Section 817(h) of the Code and Treasury Regulation §1.817-5, as amended from time to time, and any Treasury interpretations thereof, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications or successor provisions to such Section or Regulations. In the event of a breach of this Article VI by the Fund, the Fund and Distributor will take all reasonable steps to: (a) notify the Company of such breach, and (b) adequately diversify the Fund so as to achieve compliance within the 30-day grace period afforded by Regulation 1.817-5.

Diversification and Qualification. 6.1. 6.1 The Fund and the Distributor each represents and warrants that the Fund will at all times sell its shares and invest its assets in such a manner as to ensure that the Contracts will be treated as annuity contracts or life insurance contracts, whichever is appropriate, under the Internal Revenue Code of 1986, as amended (the "Code, ") and the regulations issued thereunderthereunder (or any successor provisions). Without limiting the scope of the foregoing, each Designated Portfolio thereof has complied and will at all times continue to comply with Section 817(h) of the Code and Treasury Regulation §Sec. 1.817-5, as amended from time to time, and any Treasury interpretations thereof, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts contracts, and any amendments or other modifications or successor provisions to such Section or Regulations. In the event of a breach of this Article VI by the Fund, the Fund and Distributor it will take all reasonable steps to: (a) to notify the Company of such breach, breach and (b) to adequately diversify the Fund so as to achieve compliance within the 30-day grace period afforded by Regulation 1.817-5817.5.

Diversification and Qualification. 6.1. The Fund and the Distributor each represents and warrants that the Fund will at all times sell its shares and invest its assets in such a manner as to ensure that the Contracts will be treated as annuity contracts under the Code, and the regulations issued thereunder. Without limiting the scope of the foregoing, each Designated Portfolio thereof will at all times comply with Section 817(h) of the Code and Treasury Regulation §1.817-5, as amended from time to time, and any Treasury interpretations thereof, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications or successor provisions to such Section or Regulations. In the event of a breach of this Article VI by the Fund, the Fund and Distributor will take all reasonable steps to: (a) notify the Company of such breach, and (b) adequately diversify the Fund so as to achieve compliance within the 30-day grace period afforded by Regulation 1.817-5.

Diversification and Qualification. 6.1. The Fund and the Distributor each represents and warrants that the Fund will at all times sell its shares and invest its assets in such a manner as to ensure that the Contracts will be treated as annuity contracts under the Code, and the regulations issued thereunder. Without limiting the scope of the foregoing, each Designated Portfolio thereof will at all times comply with Section 817(h) of the Code and Treasury Regulation §Section 1.817-5, as amended from time to time, and any Treasury interpretations thereof, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts and any amendments or other modifications or successor provisions to such Section or Regulations. In the event of a breach of this Article VI by the Fund, the Fund and Distributor will take all reasonable steps to: (a) notify the Company of such breach, and (b) adequately diversify the Fund so as to achieve compliance within the 30-day grace period afforded by Regulation 1.817-5.

Diversification and Qualification. 6.1. 6.1 The Fund and will invest the Distributor assets of each represents and warrants that the Fund will at all times sell its shares and invest its assets Portfolio in such a manner as to ensure that the Contracts will be treated as annuity contracts annuity, endowment, or life insurance contracts, whichever is appropriate, under the Internal Revenue Code of 1986, as amended (the “Code, ”) and the regulations issued thereunderthereunder (or any successor provisions). Without limiting the scope of the foregoing, each Designated Portfolio thereof of the Fund will at all times comply with Section 817(h) of the Code and Treasury Regulation §'1.817-5, as amended from time to time, and any Treasury interpretations thereof, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts contracts, and any amendments or other modifications or successor provisions to such Section or Regulations. In the event of a breach of this Article VI by the Fund, the Fund and Distributor it will take all reasonable steps to: (a) to notify the Company of such breach, breach and (b) to adequately diversify the Fund so as to achieve compliance within the 30-day grace period afforded by Regulation 817.5. Upon request, the Fund shall provide Company a certification of each Fund’s compliance with Section 817(h) of the Code and Treasury Regulation 1.817-55 for the preceding calendar quarter.

Diversification and Qualification. 6.1. 6.1 The Fund and Advisor will invest the Distributor each represents and warrants that assets of the Fund will at all times sell its shares and invest its assets in such a manner as to ensure that the Contracts will be treated as annuity contracts annuity, endowment, or life insurance contracts, whichever is appropriate, under the Internal Revenue Code of 1986, as amended (the “Code, ”) and the regulations issued thereunderthereunder (or any successor provisions). Without limiting the scope of the foregoing, each Designated Portfolio thereof the Fund will at all times comply with Section 817(h) of the Code and Treasury Regulation §1.817-5, as amended from time to time, and any Treasury interpretations thereof, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts contracts, and any amendments or other modifications or successor provisions to such Section or Regulations. In the event of a breach of this Article VI by the Fund, the Fund and Distributor it will take all reasonable steps to: (a) to notify the Company of such breach, breach and (b) to adequately diversify the Fund so as to achieve compliance within the 30-day grace period afforded by Regulation 1.817-5817.5.