GWL. A shall furnish, or shall cause to be furnished, to the Fund or its designee, a copy of each piece of sales literature or other promotional material that GWL&A, respectively, develops or proposes to use and in which the Fund (or a Portfolio thereof), its Adviser or one of its sub-advisers or the Distributor is named in connection with the Contracts, at least ten (10) business days prior to its use. No such material shall be used if the Fund objects to such use within five (5) business days after receipt of such material.
GWL. A is hereby added as a Party to the Agreement. The Parties to the Agreement, including GWL&A, agree that each representation, warranty, covenant, condition and other provision of the Agreement that is applicable to CLICA will now be applicable to GWL&A.
GWL. A and Schwab shall furnish, or shall cause to be furnished, to the Fund or its designee, a copy of each piece of sales literature or other promotional material that GWL&A or Schwab, respectively, develops or proposes to use and in which the Fund (or a Portfolio thereof), its Adviser or one of its sub-advisers or the Distributor is named in connection with the Contracts, at least ten (10) Business Days prior to its use. No such material shall be used if the Fund objects to such use within five (5) Business Days after receipt of such material.
GWL. A and Schwab shall furnish, or shall cause to be furnished, to the Fund or its designee, a copy of each piece of sales literature or other promotional material that GWL&A or Schwab, respectively, develops or proposes to use and in which the Fund (or a Designated Portfolio thereof), its Adviser, any of its sub-advisers, or the Distributor is named in connection with the Contracts, at least ten (10) Business Days prior to its use. No such material shall be used if the Fund objects to such use within five (5) Business Days after receipt of such material. The Fund or its designee reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Fund (or a Designated Portfolio thereof), its Adviser, any of its sub-advisers, or the Distributor is named and no such material shall be used if the Fund or its designee so objects.
GWL. A shall furnish, or shall cause to be furnished, to the Fund or its designee and to the Distributor, a copy of each piece of sales literature or other promotional material that GWL&A, respectively, develops or proposes to use and in which the Fund (or a Portfolio thereof), its Adviser or one of its sub-advisers or the Distributor is named in connection with the Contracts, at least ten (10) business days prior to its use. No such material shall be used if the Fund objects to such use within five (5) business days after receipt of such material and without prior written approval of the Distributor
GWL. A and First GWL&A agree that each has registered or will register certain variable life insurance and variable annuity contracts under the 1933 Act, unless such contracts are exempt from registration thereunder.
GWL. A and First GWL&A further represent that each is an insurance company duly organized and in good standing under applicable law and that it has legally and validly established the Account prior to any issuance or sale of units thereof as a segregated asset account under Colorado insurance law and has registered the Account as a unit investment trust in accordance with the provisions of the 1940 Act (unless exempt from registration) to serve as a segregated investment account for the Contracts and that it will maintain such registration for so long as any Contracts are outstanding as required by applicable law.
GWL. A shall establish and maintain facilities and procedures for the safekeeping of check forms and facsimile signature imprinting devices, if any, and all other documents, reports, records, books, files and other materials relative to this Agreement.
GWL. A shall furnish, or shall cause to be furnished, to the Distributor or its designee, a copy of each piece of sales literature or other promotional material that GWL&A develops or proposes to use and in which the Fund (or a Portfolio thereof), its Adviser or one of its sub-advisers or the Distributor is named in connection with the Contracts, at least ten (10) Business Days prior to its use. All such materials shall be directed to Kxx Xxxx, the Fund’s advertising compliance manager (or such other person as Distributor may designate in writing) by mail at 4000 Xxxx Xxxxxx, Xxxxxx Xxxx Xxxxxxxx 00000, or by fax at (000) 000-0000. Such materials shall be accompanied by a request for approval or comments within a reasonable amount of time, which shall not be less than 10 business days from the date delivered to the Distributor or its agents or designee or such shorter period of time as the parties may agree from time to time. GWL&A agrees to use reasonable efforts to notify Distributor’s or the Fund’s advertising compliance manager of the delivery of such materials (which includes leaving a voice mail message). If the reviewer fails to respond within the time period set forth in the request for review, GWL&A may use such material as submitted without further approval. If subsequent to approval by Distributor or its agent (or the expiration of the time period set forth in the request for approval), Distributor or its agent reasonably determines any such material is or has become inaccurate, misleading or otherwise inappropriate, it may request that GWL&A modify such advertising and sale literature, which GWL&A will do at the next reprinting of any such materials. If Distributor or its agent determines that such material should be modified immediately, Distributor shall notify GWL&A of such fact and GWL&A shall accommodate Distributor’s reasonable requests. In such instances, Distributor or its agent shall pay GWL&A reasonable out-of-pocket expenses in reprinting any such advertising and sales materials. Notwithstanding anything contained herein, GWL&A shall be responsible for the compliance of all advertising and sales literature prepared by GWL&A with all applicable federal, state and NASD requirements.
GWL. A shall furnish, or shall cause to be furnished, to the Trust or its designee, a copy of each piece of sales literature or other promotional material that GWL&A develops or proposes to use and in which the Trust (or a Designated Portfolio thereof), its Adviser, any of its sub-advisers, or the Distributor is named in connection with the Contracts, at least ten (10) Business Days prior to its use. No such material shall be used if the Trust objects to such use within five (5) Business Days after receipt of such material. The Trust or its designee reserves the right to reasonably object to the continued use of any such sales literature or other promotional material in which the Trust (or a Designated Portfolio thereof), its Adviser, any of its sub-advisers, or the Distributor is named and no such material shall be used if the Trust or its designee so objects.
