Common use of NO SALES TO THE GENERAL PUBLIC Clause in Contracts

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.

Appears in 6 contracts

Samples: Participation Agreement (Cg Corporate Insurance Variable Life Separate Account 2), Participation Agreement (Ameritas Variable Life Insurance Co Separate Account V), Participation Agreement (First Ameritas Variable Annuity Separate Account)

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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 insurance companies and their separate accounts and to qualified persons or plans ("Qualified Persons") that qualify and are 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.

Appears in 3 contracts

Samples: Participation Agreement (Phoenix Life Variable Accumulation Account), Participation Agreement (Principal Life Insurance Co Variable Life Sep Account), Participation Agreement (Phoenix Life & Annuity Variable Universal Life Account)

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 insurance companies and their separate accounts and to qualified persons or plans (“Qualified Persons”) that qualify and are 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 the sale of which will not applicable, then SMFI may sell shares of any Fund to any person, including members of impair the general publictax treatment currently afforded the Contracts.

Appears in 2 contracts

Samples: Participation Agreement (KILICO Variable Annuity Separate Account - 3), Participation Agreement (KILICO Variable Annuity Separate Account - 3)

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(h8l 7(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.

Appears in 1 contract

Samples: Participation Agreement (WoodmenLife Variable Annuity Account)

NO SALES TO THE GENERAL PUBLIC. SMFI represents and warrants that no Shares of any Pinnacle Series 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.

Appears in 1 contract

Samples: Participation Agreement (Carillon Account)

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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 insurance companies and their separate accounts and to qualified persons or plans (“Qualified Persons”) that qualify and are 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.

Appears in 1 contract

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

NO SALES TO THE GENERAL PUBLIC. SMFI represents and warrants that no Shares of any Pinnacle Series Fund have been or will be sold directly 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.

Appears in 1 contract

Samples: Participation Agreement (Carillon Life Account)

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