Summary Prospectuses. For purposes of this Amendment, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933 (“Rule 498”). (a) The Trust represents and warrants that the Summary Prospectuses and the Web site hosting of such Summary Prospectuses and such other Trust/Portfolio documents required under Rule 498(e)(1) will comply in all material respects with the requirements of Rule 498(b), (e)(1), (e)(2), (e)(3) and (f)(4) applicable to the Trust and its Portfolios. The Trust further represents and warrants that it has reasonable procedures in place to ensure that documents required under Rule 498(e)(1) are available in the manner required by paragraphs (e)(1), (e)(2) and (e)(3) of Rule 498. (b) The Trust and MFS represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract owner requests for additional Trust/Portfolio documents made directly to the Trust, MFS or one of their affiliates at the phone number specified on the Summary Prospectus or the email address provided on the Web site where the required documents are located. (c) The Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract owner requests for additional fund documents made directly to the Company or one of its affiliates. (d) The Company will be responsible for ensuring compliance with the conditions set out in Rule 498 (c) and (d) (other than conditions (3) and (4)) of either such paragraph and with Rule 498(f)(2). (e) At the Company’s request, MFS and the Trust will provide URLs to the Company for use with Company’s electronic delivery of Portfolio documents or on the Company’s website. The Company will be solely responsible for the maintenance of such Web links. (f) The parties agree that the Company is not required to distribute Summary Prospectuses to its contract owners, but rather use of the Summary Prospectus will be at the discretion of the Company. The Company agrees that it will give MFS and the Trust sufficient notice of 207375 its intended use of the Summary Prospectuses or the Statutory Prospectus. (g) The Trust shall provide the Company with at least 60 days advance written notice of its intent to cease using the Summary Prospectus delivery option.” 5. Article XII shall be amended by deleting the contact information for the Company and replacing it with the following: “If to the Company: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Counsel (or Variable Life Attorney) ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Counsel (or Variable Life Attorney)” The Amendment shall take effect as of November 1, 2011. Except as expressly amended hereby, the Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: Participation Agreement (Principal National Life Insurance Co Variable Life Separate Account)
Summary Prospectuses. (a) For purposes of this AmendmentAgreement, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933 (“Rule 498”).
(ab) The Trust Investment Company shall provide the Insurer with copies of the Summary Prospectuses and any Supplements thereto in the same manner and at the same times as the Agreement requires that the Investment Company provides the Insurer with Statutory Prospectuses. The parties agree that the Investment Company will provide copies of either Summary Prospectuses or Statutory Prospectuses in its sole discretion.
(c) The Investment Company represents and warrants that the Summary Prospectuses and the Web site hosting of such Summary Prospectuses and such other Trust/Portfolio documents required under Rule 498(e)(1) will comply in all material respects with the requirements of Rule 498(b), (e)(1), (e)(2), (e)(3) and (f)(4) 498 applicable to the Trust Investment Company and its PortfoliosFunds. The Trust Investment Company further represents and warrants that it has reasonable appropriate policies and procedures in place to ensure that documents required under Rule 498(e)(1) are available in the manner required by paragraphs (e)(1), (e)(2) and (e)(3) of Distributor's web site continuously complies with Rule 498.
(bd) The Trust Investment Company agrees that the URL indicated on each Summary Prospectus will lead contract owners directly to the web page used for hosting Summary Prospectuses, that such web page will contain the current Investment Company's documents required to be posted in compliance with Rule 498. The Investment Company agrees to use its best efforts to (i) notify the Insurer of any unexpected interruptions in the availability of this web page and MFS (ii) make available alternative means of obtaining the documents required to be posted in compliance with Rule 498.
(e) The Investment Company and the Distributor represent and warrant that they will be responsible for compliance with the provisions of Rule 498(f)(1498(f)(i) involving contract owner requests for additional Trust/Portfolio Investment Company documents made directly to the TrustInvestment Company, MFS the Distributor, or one of their affiliates at the phone number specified on Distributor's affiliates. The Investment Company and the Summary Prospectus or Distributor further represent and warrant that any information obtained about contract owners will be used solely for the email address provided on the Web site where the required documents are locatedpurposes of responding to requests for additional Investment Company documents.
(cf) The Company Insurer represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract owner respond to requests for additional fund Investment Company documents made by contract owners directly to the Company Insurer or one of its affiliates.
(dg) Insurer represents and warrants that any bundling of Summary Prospectuses and Statutory Prospectuses will be done in compliance with Rule 498.
(h) At the Insurer's request, Investment Company will provide the Insurer with URLs to the Investment Company's current documents for use with Insurer's electronic delivery of fund documents or on the Insurer's website. The Investment Company will be responsible for ensuring compliance with the conditions set out in Rule 498 (c) integrity of the URLs and (d) (other than conditions (3) and (4)) of either for maintaining the Investment Company's current documents on the site to which such paragraph and with Rule 498(f)(2)URLs originally navigate to.
(ei) At the Company’s request, MFS The Investment Company and the Trust will provide URLs Distributor represent and warrant that they have reasonable safeguards in place to prevent the documents contained on the web page, and the documents provided to the Company Insurer for use with Company’s purposes of electronic delivery of Portfolio documents or on the Company’s website. The Company will be solely responsible for the maintenance of such Web linksdelivery, from containing any virus.
(fj) If the Investment Company determines that it will end its use of the Summary Prospectus delivery option, the Investment Company and the Distributor will provide the Insurer with at least 60 days' advance notice of its intent.
(k) The parties agree that the Company is not required to distribute Summary Prospectuses to its contract owners, but rather use all other provisions of the Summary Prospectus Agreement, including the Indemnification provisions, will be at the discretion of the Company. The Company agrees that it will give MFS and the Trust sufficient notice of 207375 its intended use of the Summary Prospectuses or the Statutory Prospectus.
(g) The Trust shall provide the Company with at least 60 days advance written notice of its intent to cease using the Summary Prospectus delivery option.”
5. Article XII shall be amended by deleting the contact information for the Company and replacing it with the following: “If apply to the Company: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile Noterms of this Amendment as applicable.: (▇▇▇) ▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Counsel (or Variable Life Attorney) ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Counsel (or Variable Life Attorney)” The Amendment shall take effect as of November 1, 2011. Except as expressly amended hereby, the Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: Fund Participation Agreement (Metlife Investors Usa Separate Account A)
Summary Prospectuses. For purposes of this Amendment, the terms Summary Prospectus and Statutory Prospectus shall have the same meaning as set forth in Rule 498 under the Securities Act of 1933 (“Rule 498”).
(a) The Trust represents and warrants that the Summary Prospectuses and the Web site hosting of such Summary Prospectuses and such other on the Trust/Portfolio documents required under Rule 498(e)(1) ’s website will comply in all material respects with the requirements of Rule 498(b), (e)(1), (e)(2), (e)(3) and (f)(4) 498 applicable to the Trust and its PortfoliosTrust. The Trust further represents and warrants that it the Trust has reasonable procedures in place to ensure that documents required under Rule 498(e)(1) are available such web site is accessible in accordance with the manner required by paragraphs (e)(1), (e)(2) and (e)(3) requirements of Rule 498.
(b) The Trust agrees that the website address that appears on the front page of each Summary Prospectus will lead Contractholders directly to a web page that contains links to the current Statutory Prospectus and MFS represent other materials that are required to be accessible under Rule 498(e)(1) (each, an “Electronic Fund Document”) rather than to the home page or other section the Trust’s website where the materials are posted. The Trust shall promptly notify the Insurance Company of any unexpected interruptions in the accessibility of this web page unless the Trust has taken prompt remedial action in accordance with Rule 498(e)(4)(ii).
(c) The Trust represents and warrant warrants that they the Trust will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract owner Contractholder requests for additional Trust/Portfolio Fund documents made directly by calling the telephone number or by sending an email to the email address, that, in each case, appears on the front page of the applicable Summary Prospectus. The Trust further represents and warrants that any information obtained through such process by the Trust, MFS the Underwriter or one an affiliate of their affiliates at the phone number specified on Underwriter about Contractholders will be used solely for the Summary Prospectus or purposes of responding to requests for additional Fund documents unless the email address provided on the Web site where the required documents are locatedTrust has obtained that information through another source.
(cd) The Insurance Company represents and warrants that it will be responsible for compliance with the provisions of Rule 498(f)(1) involving contract owner respond to requests for additional fund Fund documents made by Contractholders directly to the Insurance Company or one of its affiliates.
(d) The Company will be responsible for ensuring compliance with the conditions set out in Rule 498 (c) and (d) (other than conditions (3) and (4)) of either such paragraph and with Rule 498(f)(2).
(e) At the Insurance Company’s request, MFS and the Trust will provide URLs the Insurance Company with the current Uniform Resource Locator to the Company each Electronic Fund Document for use with the Insurance Company’s electronic delivery of Portfolio fund documents or on the Insurance Company’s website. The Company will be solely responsible for the maintenance of such Web links.
(f) The parties agree Trust represents and warrants that the Trust has reasonable safeguards in place to prevent the documents contained on the Trust’s web page, and the Trust documents provided to the Insurance Company is for purposes of electronic delivery, from containing any virus. Insurance Company acknowledges that the existence of such safeguards do not required guarantee that the documents contained on the Trust web page and the Trust documents provided to distribute Summary Prospectuses to the Insurance Company will not contain a virus, and that the Underwriter, its contract ownersaffiliates and the Trust shall not be liable for any damages incurred by Insurance Company, but rather its affiliates, any Separate Account or any Contractholder as a result of any such virus.
(g) If the Trust determines that it will end its use of the Summary Prospectus delivery option, the Trust will be at provide the discretion Insurance Company with 60 days’ advance notice of the CompanyTrust’s intent relating thereto.
(h) The parties agree that the Insurance Company may elect, at its sole option, to distribute either the Summary Prospectus or the Statutory Prospectus to Contractholders and prospective Contractholders. The Insurance Company agrees that it will give MFS and the Trust sufficient notice of 207375 its the Insurance Company’s intended use of the Summary Prospectuses or the Statutory Prospectuses. To the extent Insurance Company elects to distribute a Designated Fund’s Statutory Prospectus.
(g) The , the Trust shall will provide the Insurance Company with at least 60 days advance written notice a camera ready copy of its intent to cease using the Summary Designated Fund’s Statutory Prospectus delivery option(and electronic access thereto).”
5. Article XII shall be amended by deleting the contact information for the Company and replacing it with the following: “If to the Company: ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Counsel (or Variable Life Attorney) ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ Facsimile No.: (▇▇▇) ▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Counsel (or Variable Life Attorney)” The Amendment shall take effect as of November 1, 2011. Except as expressly amended hereby, the Agreement shall continue in full force and effect.
Appears in 1 contract
Sources: Fund Participation Agreement (Northern Lights Variable Trust)