SEC Order. The parties to this Agreement acknowledge that the Trust has obtained the SEC Order granting exemptions from various provisions of the 1940 Act and the rules thereunder to Participant Accounts supporting variable life insurance policies to the extent necessary to permit them to hold Trust shares when Trust share also are sold to and held by variable annuity and variable life insurance separate accounts of both affiliated and unaffiliated Participating Insurance Companies and other Qualified Persons (as defined in Section 2.8 hereof). The SEC Order is conditioned upon the Trust and each Participating Insurance Company complying with conditions and undertakings substantially as provided in this Article VIII. The Trust will not enter into a participation agreement with any other Participating Insurance Company unless it imposes the same conditions and undertakings on that company as are imposed on the Company pursuant to this Article VIII.
SEC Order. The parties to this Agreement acknowledge that the Trust has obtained the SEC Order granting exemptions from various provisions of the 1940 Act and the rules thereunder to Participating Accounts supporting variable life insurance policies to the extent necessary to permit them to hold Trust Shares when Trust Shares also are sold to and held by variable annuity and variable life insurance separate accounts of both affiliated and unaffiliated Participating Insurance Companies and other Qualified Persons (as defined in Section 1.18 hereof). The relief provided by the SEC Order is conditioned upon the Trust and each Participating Insurance Company complying with conditions and undertakings substantially as provided in this Article VIII. The Trust and the Distributor reserve the right to determine that one or more provisions of this Article VIII are no longer applicable, and in that event will notify the Company to that effect. Upon receipt of such notice by the Company, this Agreement shall be deemed amended to eliminate the provisions of Article VIII specified in the notice.
SEC Order. The parties to this Agreement acknowledge that the Fund has obtained an SEC order (the “SEC Order”) granting exemptions from various provisions of the 1940 Act and the rules thereunder to a separate account investing all or a portion of its assets in Fund shares, including the Accounts (“Participating Accounts”) supporting variable life insurance policies to the extent necessary to permit them to hold Fund shares when Fund shares also are sold to and held by variable annuity and variable life insurance separate accounts of both affiliated and unaffiliated insurance companies with a Participating Account, including the Company (“Participating Insurance Companies”) and other Qualified Persons. The SEC Order is conditioned upon the Fund and each Participating Insurance Company complying with conditions and undertakings substantially as provided in this Article VII. The Fund will not enter into a participation agreement with any other Participating Insurance Company unless it imposes the same conditions and undertakings on that company as are imposed on the Company pursuant to this Article VII.
SEC Order. Maintain the SEC Order and, on and after the date of any Extension of Credit after December 31, 2005, the Supplemental SEC Order, in full force and effect and comply with all terms and conditions thereof until all amounts outstanding under the Loan Documents shall have been repaid or paid (as the case may be) and the Termination Date has occurred.
SEC Order. Maintain the SEC Order in full force and effect through its termination date and comply with all terms and conditions thereof until all amounts outstanding under this Agreement shall have been repaid or paid (as the case may be) and the Maturity Date has occurred.
SEC Order. In relation to SEC Order IA-2554 dated September 26, 2006, (i) the Company and its subsidiaries are in compliance in all material respects with the undertakings described in Section 34 of such Order and the provisions of Section IV of such Order and have implemented or are in the process of implementing, in a timely manner, in all material respects the recommendations of the Independent Consultant (as defined in such Order) described in paragraph 34(f) of such Order, and (ii) neither the Company nor any of its subsidiaries have received any written or, to the knowledge of the Company, oral demand or claim to make any payment to any person or agree to credit the account of any person, nor have the Company or any subsidiary agreed to make any such payment or credit, in relation to the activities described in paragraphs III.1-27 of such Order, except (x) for payments to be made by the Company or any subsidiary from the proceeds of the Fair Fund (as defined in paragraph IV.C of such Order) and (y) for claims, demands or payments described in Section 4.26 of the Company Disclosure Schedule.
SEC Order. The parties to this Agreement acknowledge that the Fund has obtained an SEC order (the “SEC Order”) granting exemptions from various provisions of the 1940 Act and the rules thereunder to Participant Accounts supporting variable life insurance policies to the extent necessary to permit them to hold Fund shares when Fund shares also are sold to and held by variable annuity and variable life insurance separate accounts of both affiliated and unaffiliated Participating Insurance Companies and other Qualified Persons. The SEC Order is conditioned upon the Fund and each Participating Insurance Company complying with conditions and undertakings substantially as provided in this Article. The Fund will not enter into a participation agreement with any other Participating Insurance Company unless it imposes the same conditions and undertakings on that company as are imposed on the Insurance Parties pursuant to this Article. 13.2.
SEC Order declaring the WSB Registration Statement effective and any required approvals, permits or orders from state securities administrators or confirmation of exemptions (Section 7.2).
SEC Order. The parties to this Agreement acknowledge that the Trust has obtained the SEC Order granting exemptions from various provisions of the 1940 Act and the rules thereunder to Participating Accounts supporting variable life insurance policies to the extent necessary to permit them to hold Trust Shares when Trust Shares also are sold to and held by variable annuity and variable life insurance separate accounts of both affiliated and unaffiliated Participating Insurance Companies and other Qualified Persons (as defined in DocuSign Envelope ID: 67CCC76D-83BE-44B9-82F8-888875986E40
SEC Order. Maintain the SEC Order in full force and effect and comply with all terms and conditions thereof until February 8, 2006.
