Common use of MIXED & SHARED FUNDING RELIEF Clause in Contracts

MIXED & SHARED FUNDING RELIEF. 7.1 The Fund represents and warrants that it has received an order from the Commission granting Participating Insurance Companies and variable annuity separate accounts and variable life insurance separate accounts relief from certain provisions of the 1940 Act and certain Rules thereunder, to the extent necessary to permit shares of the Fund to be sold to and held by variable annuity separate accounts and variable life insurance separate accounts of both affiliated and unaffiliated Participating Insurance Companies and qualified pension and retirement plans outside of the separate account context (the "MIXED AND SHARED FUNDING EXEMPTIVE ORDER"). The parties to this Agreement agree that the conditions or undertakings specified in the Mixed and Shared Funding Exemptive Order and that may be imposed on the Company, the Fund and/or the Adviser by virtue of the receipt of such order by the Commission, will be incorporated herein by reference, and such parties agree to comply with such conditions and undertakings to the extent applicable to each such party.

MIXED & SHARED FUNDING RELIEF. 7.1 The Fund Trust represents and warrants that it has received an order from the Commission granting Participating Insurance Companies and variable annuity separate accounts and variable life insurance separate accounts relief from certain the provisions of Sections 9(a), 13(a), 15(a), and 15(b) of the 1940 Act and certain Rules 6e-2(b)(15) and 6e-3(T)(b)(15) thereunder, to the extent necessary to permit shares of the Fund Trust to be sold to and held by variable annuity separate accounts and variable life insurance separate accounts of both affiliated and unaffiliated Participating Insurance Companies and qualified pension and retirement plans outside of the separate account context (the "MIXED AND SHARED FUNDING EXEMPTIVE ORDERMixed and Shared Funding Order"). The If and to the extent that the Trust engages in Mixed and Shared funding as contemplated by the Mixed and Shared Funding Order, this Article VII shall apply. To that end, the parties to this Agreement agree that the conditions or undertakings specified in the Mixed and Shared Funding Exemptive Order and that may be imposed on the Company, the Fund Trust and/or the Adviser by virtue of the receipt of such order by the Commission, will be incorporated herein by reference, and such parties agree to comply with such conditions and undertakings to the extent applicable to each such party.

MIXED & SHARED FUNDING RELIEF. 7.1 The Fund Trust represents and warrants that it has received an order from the Commission SEC granting Participating Insurance Companies and variable annuity separate accounts and variable life insurance separate accounts relief from certain the provisions of Sections 9(a), 13(a), 15(a), and 15(b) of the 1940 Act and certain Rules 6e-2(b)(15) and 6e-3(T)(b)(15) thereunder, to the extent necessary to permit shares of the Fund Trust to be sold to and held by variable annuity separate accounts and variable life insurance separate accounts of both affiliated and unaffiliated Participating Insurance Companies and qualified pension and retirement plans outside of the separate account context (the "MIXED AND SHARED FUNDING EXEMPTIVE ORDER"“Mixed and Shared Funding Order”). The If and to the extent that the Trust engages in Mixed and Shared funding as contemplated by the Mixed and Shared Funding Order, this Article VII shall apply. To that end, the parties to this Agreement agree that the conditions or undertakings specified in the Mixed and Shared Funding Exemptive Order and that may be imposed on the Company, the Fund Trust and/or the Adviser its investment adviser by virtue of the receipt of such order by the CommissionSEC, will be incorporated herein by reference, and such parties agree to comply with such conditions and undertakings to the extent applicable to each such party.

MIXED & SHARED FUNDING RELIEF. 7.1 The Fund Trust represents and warrants that it has received may rely on an order from that was granted by the Commission granting Participating Insurance Companies and variable annuity separate accounts and variable life insurance separate accounts relief from certain the provisions of Sections 9(a), 13(a), 15(a), and 15(b) of the 1940 Act and certain Rules 6e-2(b)(15) and 6e-3(T)(b)(15) thereunder, to the extent necessary to permit shares of the Fund Designated Funds to be sold to and held by variable annuity separate accounts and variable life insurance separate accounts of both affiliated and unaffiliated Participating Insurance Companies and qualified pension and retirement plans outside of the separate account context (the "MIXED AND SHARED FUNDING EXEMPTIVE ORDERMixed and Shared Funding Order"). The parties to this Agreement agree that the conditions or undertakings specified in required by the Mixed and Shared Funding Exemptive Order and that may be imposed on the Company, the Fund Trust and/or the Adviser by virtue of the receipt of such order by the Commission: (i) shall apply only upon the sale of shares of the Designated Funds, to variable life insurance separate accounts (and then only to the extent required under the 1940 Act); (ii) will be incorporated herein by reference, ; and (iii) such parties agree to comply with such conditions and undertakings to the extent applicable to each such partyparty notwithstanding any provision of this Agreement to the contrary.

MIXED & SHARED FUNDING RELIEF. 7.1 The Fund Trust represents and warrants that it has received is able to rely on an order from the Commission granting Participating Insurance Companies and variable annuity separate accounts and variable life insurance separate accounts relief from certain the provisions of Sections 9(a), 13(a), 15(a), and 15(b) of the 1940 Act and certain Rules 6e-2(b)(15) and 6e-3(T)(b)(15) thereunder, to the extent necessary to permit shares of the Fund Trust to be sold to and held by variable annuity separate accounts and variable life insurance separate accounts of both affiliated and unaffiliated Participating Insurance Companies and qualified pension and retirement plans outside of the separate account context (the "MIXED AND SHARED FUNDING EXEMPTIVE ORDER"“Mixed and Shared Funding Order”). The If and to the extent that the Trust engages in Mixed and Shared funding as contemplated by the Mixed and Shared Funding Order, this Article VII shall apply. To that end, the parties to this Agreement agree that the conditions or undertakings specified in the Mixed and Shared Funding Exemptive Order and that may be imposed on the Company, the Fund Trust and/or the Adviser by virtue of the receipt of such order by the Commission, will be incorporated herein by reference, and such parties agree to comply with such conditions and undertakings to the extent applicable to each such party.

MIXED & SHARED FUNDING RELIEF. 7.1 The Fund Trust represents and warrants that it has received is able to rely on an order from the Commission granting Participating Insurance Companies and variable annuity separate accounts and variable life insurance separate accounts relief from certain the provisions of Sections 9(a), 13(a), 15(a), and 15(b) of the 1940 Act and certain Rules 6e-2(b)(15) and 6e-3(T)(b)(15) thereunder, to the extent necessary to permit shares of the Fund Trust to be sold to and held by variable annuity separate accounts and variable life insurance separate accounts of both affiliated and unaffiliated Participating Insurance Companies and qualified pension and retirement plans outside of the separate account context (the "MIXED AND SHARED FUNDING EXEMPTIVE ORDER"“Mixed and Shared Funding Order”). The If and to the extent that the Trust engages in Mixed and Shared funding as contemplated by the Mixed and Shared Funding Order, this Article VII shall apply. To that end, the parties to this Agreement agree that the conditions or undertakings specified in the Mixed and Shared Funding Exemptive Order and that may be imposed on the Company, Company and the Fund and/or the Adviser Trust by virtue of the receipt of such order by the Commission, will be incorporated herein by reference, and such parties agree to comply with such conditions and undertakings to the extent applicable to each such party.

MIXED & SHARED FUNDING RELIEF. 7.1 The Fund Trust represents and warrants that it has received an order from the Commission dated September 28, 1998 (File No. 812-11158) granting Participating Insurance Companies and variable annuity separate accounts and variable life insurance separate accounts relief from certain the provisions of Sections 9(a), 13(a), 15(a), and 15(b) of the 1940 Act and certain Rules 6e-2(b)(15) and 6e-3(T)(b)(15) thereunder, to the extent necessary to permit shares of the Fund Trust to be sold to and held by variable annuity separate accounts and variable life insurance separate accounts of both affiliated and unaffiliated Participating Insurance Companies and qualified pension and retirement plans outside of the separate account context (the "MIXED AND SHARED FUNDING EXEMPTIVE ORDERMixed and Shared Funding Order"). The If and to the extent that the Trust engages in mixed and shared funding as contemplated by the Mixed and Shared Funding Order, this Article VII shall apply. To that end, the parties to this Agreement agree that the conditions or undertakings specified in the Mixed and Shared Funding Exemptive Order and that may be imposed on the Company, Company or the Fund and/or the Adviser Trust by virtue of the receipt of such order by the Commission, will be incorporated herein by reference, and such parties agree to comply with such conditions and undertakings to the extent applicable to each such party.

MIXED & SHARED FUNDING RELIEF. 7.1 The Fund Trust represents and warrants that it has received an order from the Commission SEC granting Participating Insurance Companies and variable annuity separate accounts and variable life insurance separate accounts relief from certain the provisions of Sections 9(a), 13(a), 15(a), and 15(b) of the 1940 Act and certain Rules 6e-2(b)(15) and 6e-3(T)(b)(15) thereunder, to the extent necessary to permit shares of the Fund Trust to be sold to and held by variable annuity separate accounts and variable life insurance separate accounts of both affiliated and unaffiliated Participating Insurance Companies and qualified pension and retirement plans outside of the separate account context (the "MIXED AND SHARED FUNDING EXEMPTIVE ORDERMixed and Shared Funding Order"). The If and to the extent that the Trust engages in Mixed and Shared funding as contemplated by the Mixed and Shared Funding Order, this Article VII shall apply. To that end, the parties to this Agreement agree that the conditions or undertakings specified in the Mixed and Shared Funding Exemptive Order and that may be imposed on the Company, the Fund Trust and/or the Adviser its investment adviser by virtue of the receipt of such order by the CommissionSEC, will be incorporated herein by reference, and such parties agree to comply with such conditions and undertakings to the extent applicable to each such party.

MIXED & SHARED FUNDING RELIEF. 7.1 The Fund Fund, by virtue of having engaged ALPS Advisers, Inc. as its Adviser, represents and warrants that it has received is relying on an order (File No. IC-27999) from the Commission granting Participating Insurance Companies and variable annuity separate accounts and variable life insurance separate accounts relief from certain the provisions of Sections 9(a), 13(a), 15(a), and 15(b) of the 1940 Act and certain Rules 6e-2(b)(15) and 6e-3(T)(b)(15) thereunder, to the extent necessary to permit shares of the Fund to be sold to and held by variable annuity separate accounts and variable life insurance separate accounts of both affiliated and unaffiliated Participating Insurance Companies and qualified pension and retirement plans outside of the separate account context (the "MIXED AND SHARED FUNDING EXEMPTIVE ORDER"“Mixed and Shared Funding Exemptive Order”). The parties to this Agreement agree that the conditions or undertakings specified in the Mixed and Shared Funding Exemptive Order and that may be imposed on the Company, the Fund and/or the Adviser by virtue of the receipt of such order by the Commission, will be incorporated herein by reference, and such parties agree to comply with such conditions and undertakings to the extent applicable to each such party.