Common use of Funds To Remain Available Clause in Contracts

Funds To Remain Available. Except (i) as necessary to implement Participant-initiated transactions, (ii) as required by state insurance laws or regulations, (iii) as required pursuant to Section 5 of this Agreement, (iv) with respect to any Portfolio as to which this Agreement has terminated, or (v) pursuant to an SEC approved Substitution Order, Insurer shall not (x) redeem Fund shares attributable to the Contracts, or (y) prevent Participants from allocating payments to or transferring amounts from a Portfolio that was otherwise available under the Contracts, until, in either case, 90 calendar days after Insurer shall have notified the Fund or Distributor of its intention to do so.