NO SALES TO THE GENERAL PUBLIC. AVIF represents and warrants that no Shares of any Fund have been or will be sold to the general public.
NO SALES TO THE GENERAL PUBLIC. Ivy Funds VIP represents and warrants that shares of the Portfolios will be sold only to insurance companies and/or their separate accounts funding variable life insurance policies and/or variable annuity contracts or to other persons or entities permitted under Section 817 of the Code, or regulations promulgated thereunder. Ivy Funds VIP represents and warrants that no shares of any Portfolio have been or will be sold to the general public.
NO SALES TO THE GENERAL PUBLIC. The Fund represents that shares of the Portfolios will be sold only to Participating Insurance Companies, their separate accounts and qualified pension and retirement plans ("Plans") and that no Shares of any Portfolio have been or will be sold to the general public.
NO SALES TO THE GENERAL PUBLIC. SMFI represents and warrants that no Shares of any Fund have been or will be sold to the general public, it being understood by the Parties that SMFI may sell shares of any Fund to any person eligible to invest in that Fund in accordance with applicable provisions of Section 817(h) of the Code and the regulations thereunder, and that if such provisions are not applicable, then SMFI may sell shares of any Fund to any person, including members of the general public.
NO SALES TO THE GENERAL PUBLIC. AVIF agrees that all shares of the Funds will be sold only to Participating Insurance Companies and other entities, all in accordance with Section 817 (h)(4) of the Internal Revenue Code of 1986, as amended (the "Code") and Treasury Regulation Section 1.817-5. Shares of the Funds will not be sold to the general public.
NO SALES TO THE GENERAL PUBLIC. AVIF represents and warrants that no Shares of any Fund have been or will be sold to the general public, it being understood by the Parties that AVIF may sell shares of any Fund to any person eligible to invest in that Fund in accordance with applicable provisions of Section 817(h) of the Code and the regulations thereunder, and that if such provisions are not applicable, then AVIF may sell shares of any Fund to any person, including members of the general public.
NO SALES TO THE GENERAL PUBLIC. AVIF represents and warrants that Shares of each Fund have been and will be sold only to those entities listed under Section 817(h)(4) of the Code and the regulations thereunder, as such Code Section and the regulations may be amended from time to time.
NO SALES TO THE GENERAL PUBLIC. FAIP represents and warrants that Shares of the Funds have been and will be sold only to variable annuity separate accounts and variable life insurance separate accounts of participating insurance companies for the purpose of funding variable annuity contracts or variable life insurance policies and no Shares of the Funds have been or will be sold to the general public. Notwithstanding this, under Treas. Reg. 1.817-5(f)(3)(ii), shares may be held by the Advisor in connection with the creation of FAIP (or by a person related to the Advisor in a manner specified in Section 267(d) of the Code).
NO SALES TO THE GENERAL PUBLIC. SMFI represents and warrants that no Shares of any Fund on Schedule A have been or will be sold to the general public.
NO SALES TO THE GENERAL PUBLIC. AIM represents and warrants that no Shares of any Fund have been or will be sold to the general public.
