Fortis Benefits represents that it believes, in good faith, that the Separate Account is a “segregated asset account” and that interests in the Separate Account are offered exclusively through the purchase of or transfer into a “variable contract,” within the meaning of such terms under Section 817(h) of the Code and the regulations thereunder. Fortis Benefits will make every effort to continue to meet such definitional requirements, and it will notify the Fund and Distributor immediately upon having a reasonable basis for believing that such requirements have ceased to be met or that they might not be met in the future.
BNP PARIBAS S A., as facility agent (the "Facility Agent")
Wachovia Wachovia Mortgage Corporation, a North Carolina corporation, and its successors and assigns.
ABN AMRO BANK N V., a company incorporated in The Netherlands having its registered office at Xxxxxx Xxxxxxxxxx 00 / Locationcode: XXX XX 0000, 0000 XX Xxxxxxxxx, Xxx Xxxxxxxxxxx, acting through its office at Xxxxxxxxxx 00, 0000 XX Rotterdam, The Netherlands, in its capacity as arranger (the “Arranger”);
CITIBANK, N A. shall indemnify the Seller, each Affiliate of the Seller and each Person who controls any of such parties (within the meaning of Section 15 of the Securities Act and Section 20 of the Exchange Act) and the respective present and former directors, officers, employees and agents of each of the foregoing, and shall hold each of them harmless from and against any losses, damages, penalties, fines, forfeitures, legal fees and expenses and related costs, judgments, and any other costs, fees and expenses that any of them may sustain arising out of or based upon:
WELLS FARGO NAME The Adviser axx xxe Trust each agree that the name "Wells Fargo," which comprises a xxxxonent of the Trust's name, is a property right of the parent of the Adviser. The Trust agrees and consents that: (i) it will use the words "Wells Fargo" as a component of xxx xorporate name, the name of any series or class, or all of the above, and for no other purpose; (ii) it will not grant to any third party the right to use the name "Wells Fargo" for any purpose; (xxx) the Adviser or any corporate affiliate of the Adviser may use or grant to others the right to use the words "Wells Fargo," or any combinatiox xx abbreviation thereof, as all or a portion of a corporate or business name or for any commercial purpose, other than a grant of such right to another registered investment company not advised by the Adviser or one of its affiliates; and (iv) in the event that the Adviser or an affiliate thereof is no longer acting as investment adviser to any Fund, the Trust shall, upon request by the Adviser, promptly take such action as may be necessary to change its corporate name to one not containing the words "Wells Fargo" and following such xxxxge, shall not use the words "Wells Fargo," or any combinatiox xxxreof, as a part of its corporate name or for any other commercial purpose, and shall use its best efforts to cause its trustees, officers and shareholders to take any and all actions that the Adviser may request to effect the foregoing and to reconvey to the Adviser any and all rights to such words.
JPMORGAN CHASE BANK, N A, whose principal place of business in England is at 000 Xxxxxx Xxxx, Xxxxxx XX0X 0XX (the “Custodian”); and
PARIBAS By: ---------------------------------- Title: By: ---------------------------------- Title: As to Amendment (other than Section 2(b) and Section 5): BAYERISCHE LANDESBANK GIROZENTRALE CAYMAN ISLANDS BRANCH By:/s/Herexxxx Xxxxxxxx ---------------------------------- Title: Senior Vice President By:/s/Herexxxx Xxxxxxxx ---------------------------------- Title: Vice President As to Section 2(b) of Amendment: BAYERISCHE LANDESBANK GIROZENTRALE CAYMAN ISLANDS BRANCH By:/s/Herexxxx Xxxxxxxx ---------------------------------- Title: Senior Vice President By:/s/Herexxxx Xxxxxxxx ---------------------------------- Title: Vice President As to Section 5 of Amendment: BAYERISCHE LANDESBANK GIROZENTRALE CAYMAN ISLANDS BRANCH By:/s/Herexxxx Xxxxxxxx ---------------------------------- Title: Senior Vice President By:/s/Herexxxx Xxxxxxxx ---------------------------------- Title: Vice President As to Amendment (other than Section 2(b) and Section 5): CIBC INC. By:/s/Haroxx Xxxx ---------------------------------- Title: Executive Director CIBC Work Markets Corp. As Agent As to Section 2(b) of Amendment: CIBC INC. By:/s/Haroxx Xxxx ---------------------------------- Title: Executive Director CIBC Work Markets Corp. As Agent As to Section 5 of Amendment: CIBC INC. By:/s/Haroxx Xxxx ---------------------------------- Title: Executive Director CIBC Work Markets Corp. As Agent As to Amendment (other than Section 2(b) and Section 5): CITICORP USA, INC. By:/s/Waltxx X. Xxxxxx ---------------------------------- Title: Managing Director As to Section 2(b) of Amendment: CITICORP USA, INC. By:/s/Waltxx X. Xxxxxx ---------------------------------- Title: Managing Director As to Section 5 of Amendment: CITICORP USA, INC. By:/s/Waltxx X. Xxxxxx ---------------------------------- Title: Managing Director As to Amendment (other than Section 2(b) and Section 5): FUJI BANK, LIMITED By:/s/Fuji Bank, Limited ---------------------------------- Title: As to Section 2(b) of Amendment: FUJI BANK, LIMITED By:/s/Fuji Bank, Limited ---------------------------------- Title: As to Section 5 of Amendment: FUJI BANK, LIMITED By:/s/Fuji Bank, Limited ---------------------------------- Title: As to Amendment (other than Section 2(b) and Section 5): GENERAL ELECTRIC CAPITAL CORPORATION By:/s/Karl Xxxxxxx ---------------------------------- Title: Duly Authorized Signatory 21 As to Section 2(b) of Amendment: GENERAL ELECTRIC CAPITAL CORPORATION By:/s/Karl Xxxxxxx ---------------------------------- Title: Duly Authorized Signatory As to Section 5 of Amendment: GENERAL ELECTRIC CAPITAL CORPORATION By:/s/Karl Xxxxxxx ---------------------------------- Title: Duly Authorized Signatory As to Amendment (other than Section 2(b) and Section 5): THE MITSUBISHI TRUST AND BANKING CORPORATION By:/s/Scotx X. Xxxxx ---------------------------------- Title: Senior Vice President As to Section 2(b) of Amendment: THE MITSUBISHI TRUST AND BANKING CORPORATION By:/s/Scotx X. Xxxxx ---------------------------------- Title: Senior Vice President As to Section 5 of Amendment: THE MITSUBISHI TRUST AND BANKING CORPORATION By:/s/Scotx X. Xxxxx ---------------------------------- Title:
Wachovia Bank, N A., a national banking association and its successors and any corporation resulting from or surviving any consolidation or merger to which it or its successors may be a party, and any successor trustee at the time serving as successor trustee hereunder, appointed as herein provided.
Deutsche Bank Trust Company Americas shall indemnify the Seller, each Affiliate of the Seller and each Person who controls any of such parties (within the meaning of Section 15 of the Securities Act and Section 20 of the Exchange Act) and the respective present and former directors, officers, employees and agents of each of the foregoing, and shall hold each of them harmless from and against any losses, damages, penalties, fines, forfeitures, legal fees and expenses and related costs, judgments, and any other costs, fees and expenses that any of them may sustain arising out of or based upon:
