Common use of DIVERSIFICATION AND RELATED LIMITATIONS Clause in Contracts

DIVERSIFICATION AND RELATED LIMITATIONS. 6.1. Each Trust and MFD represent and warrant that each Portfolio of the Trust will meet the diversification requirements of Section 817 (h) (1) of the Code and Treas. Reg. 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts, as they may be amended from time to time (and any revenue rulings, revenue procedures, notices, and other published announcements of the Internal Revenue Service interpreting these sections), as if those requirements applied directly to each such Portfolio. In the event that any Portfolio is not so diversified at the end of any applicable quarter, such Trust and MFD will make every effort to: (a) adequately diversify the Portfolio so as to achieve compliance within the grace period afforded by Treas. Reg. 1.817.5, and (b) notify the Company.

Appears in 20 contracts

Samples: Participation Agreement (Protective NY COLI VUL), Participation Agreement (Protective COLI VUL), Participation Agreement (Nationwide Variable Account-15)

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DIVERSIFICATION AND RELATED LIMITATIONS. 6.1. Each Trust and MFD represent severally represents and warrant warrants that each Portfolio of the relevant Trust will meet the diversification requirements of Section 817 (h) (1) of the Code and Treas. Reg. 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts, as they may be amended from time to time (and any revenue rulings, revenue procedures, notices, and other published announcements of the Internal Revenue Service interpreting these sections), as if those requirements applied directly to each such Portfolio. In the event that any Portfolio is not so diversified at the end of any applicable quarter, such Trust and MFD will make every effort to: (a) adequately diversify the Portfolio so as to achieve compliance within the grace period afforded by Treas. Reg. 1.817.5, and (b) notify the Company.

Appears in 6 contracts

Samples: Participation Agreement (Aul American Individual Variable Life Unit Trust), Participation Agreement (Mutual of America Separate Account No 3), Participation Agreement (Mutual of America Separate Account No 2)

DIVERSIFICATION AND RELATED LIMITATIONS. 6.1. Each The Trust and MFD represent and warrant that each Portfolio of the Trust will meet the diversification requirements of Section 817 (h) (1) of the Code and Treas. Reg. 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts, as they may be amended from time to time (and any revenue rulings, revenue procedures, notices, and other published announcements of the Internal Revenue Service interpreting these sections), as if those requirements applied directly to each such Portfolio. In the event that any Portfolio is not so diversified at the end of any applicable quarter, such the Trust and MFD will make every effort to: (a) adequately diversify the Portfolio so as to achieve compliance within the grace period afforded by Treas. Reg. 1.817.5, and (b) notify the Company.

Appears in 5 contracts

Samples: Participation Agreement (Ml of New York Variable Life Separate Account), Participation Agreement (Ml of New York Variable Annuity Separate Account B), Participation Agreement (Ml of New York Variable Annuity Separate Account A)

DIVERSIFICATION AND RELATED LIMITATIONS. 6.1. Each Trust and MFD represent severally represents and warrant warrants that each Portfolio of the Trust relevant trust will meet the diversification requirements of Section 817 (h) (1h)(1) of the Code and Treas. Reg. 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts, as they may be amended from time to time (and any revenue rulings, revenue procedures, notices, and other published announcements of the Internal Revenue Service interpreting these sections), ) as if those requirements applied directly to each such Portfolio. In the event that any Portfolio is not so diversified at the end of any applicable quarter, such Trust and MFD will make every effort to: (a) adequately diversify the Portfolio so as to achieve compliance within the grace period afforded by Treas. Reg. 1.817.5, and (b) notify the Company.

Appears in 4 contracts

Samples: Participation Agreement (Principal Life Insurance Co Separate Account B), Participation Agreement (Principal Life Insurance Co Separate Account B), Participation Agreement (Principal Life Insurance Co Variable Life Sep Account)

DIVERSIFICATION AND RELATED LIMITATIONS. 6.1. Each Trust and MFD represent severally represents and warrant warrants that each Portfolio of the relevant Trust will meet the diversification requirements of Section 817 (h) (1) of the Code and Treas. Reg. 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts, as they may be amended from time to time (and any revenue rulings, revenue procedures, notices, and other published announcements of the Internal Revenue Service interpreting these sections), as if those requirements applied directly to each such Portfolio. In the event that any Portfolio is not so diversified at the end of any applicable quarter, such Trust and MFD will make every effort to: ; (a) adequately diversify the Portfolio so as to achieve compliance within the grace period afforded by Treas. Reg. 1.817.5, and 1.817.5,-and (b) notify the Company.

Appears in 2 contracts

Samples: Participation Agreement (Horace Mann Life Insurance Co Separate Account), Fund Participation Agreement (Horace Mann Life Insurance Co Separate Account)

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DIVERSIFICATION AND RELATED LIMITATIONS. 6.1. Each Trust and MFD represent and warrant that each Portfolio of the Trust will meet the diversification requirements of Section 817 (h) (1) of the Code and Treas. Reg. 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts, as they may be amended from time to time (and any revenue rulings, revenue procedures, notices, and other published announcements of the Internal Revenue Service interpreting these sections), as if those requirements applied directly to each such Portfolio. In the event that any Portfolio is not so diversified at the end of any applicable quarter, such Trust and MFD will make every effort to: ; (a) adequately diversify the Portfolio so as to achieve compliance within the grace period afforded by Treas. Reg. 1.817.5, and (b) notify the Company.

Appears in 1 contract

Samples: Participation Agreement (Protective Variable Annuity Separate Account)

DIVERSIFICATION AND RELATED LIMITATIONS. 6.1. Each . The Trust and MFD represent and warrant that each Portfolio of the Trust will meet the diversification requirements of Section 817 (h) (1I ) of the Code and Treas. Reg. 1.817-5, relating to the diversification requirements for variable annuity, endowment, or life insurance contracts, as they may be amended from time to time (and any revenue rulings, revenue procedures, notices, and other published announcements of the Internal Revenue Service interpreting these sections), as if those requirements applied directly to each such Portfolio. In the event that any Portfolio is not so diversified at the end of any applicable quarter, such the Trust and MFD will make every effort to: (a) adequately diversify the Portfolio so as to achieve compliance within the grace period afforded by Treas. Reg. 1.817.51.817 .5, and (b) notify the Company.

Appears in 1 contract

Samples: Participation Agreement (Merrill Lynch Life Variable Life Separate Account Ii)

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