Common use of THE SEPARATE ACCOUNT Clause in Contracts

THE SEPARATE ACCOUNT. The Separate Account is the separate account designated on the Policy Schedule Pages (page 7). It is registered with the Securities and Exchange Commission (“SEC”) as a unit investment trust under the Investment Company Act of 1940 (the “1940 Act”). Unless required by law, the investment policy of the Separate Account may not be changed without the Company’s consent and subject to any required regulatory approval. The Company is the legal owner of the assets held in the Separate Account, but the Separate Account is legally segregated, meaning that its assets are kept separate from assets held in the Company’s general account and other separate accounts that it may have. Assets will be allocated to the Separate Account to support the operation of this Policy (except when this Policy is in force under the Paid-up Option under Section 11) and other flexible and scheduled premium variable life insurance policies. Assets may also be allocated for other purposes, but not to support the operation of any contracts or policies other than variable life insurance. Xxxxxx and realized and unrealized gains and losses from assets in the Separate Account are credited to or charged against it without regard to other income, gains or losses of the Company. The portion of these assets that equals the reserves and other liabilities of the policies supported by the Separate Account will not be charged with liabilities arising out of any other business the Company may conduct. The Company reserves the right to transfer assets of the Separate Account in excess of these reserves and liabilities to its general account. The Company also reserves the right to transfer assets of the Separate Account that it determines to be associated with the class of policies to which this Policy belongs to another separate account. If this type of transfer is made, the term “Separate Account” as used in this Policy will mean the separate account to which the assets are transferred. When permitted by law and subject to any approvals that may be required by regulatory authorities, the Company reserves the right to: • operate the Separate Account or a Division as either a unit investment trust or a management company under the 1940 Act, or in any other form allowed by law, if deemed by the Company to be in the best interest of its policyowners; • register or deregister the Separate Account under the 1940 Act or change its classification under that Act; • create new separate accounts; • combine the Separate Account with any other separate account; • transfer the assets and liabilities of the Separate Account to another separate account; • add, delete or make substitutions for the securities and other assets that are held or purchased by the Separate Account; • terminate and/or liquidate the Separate Account; • restrict or eliminate any voting rights of policyowners or other persons who have voting rights as to the Separate Account; and • make any changes to the Separate Account to conform with, or required by any change in, federal tax law, the 1940 Act and regulations promulgated thereunder, or any other applicable federal or state laws.

Appears in 3 contracts

Samples: Northwestern Mutual Variable Life Account II, Northwestern Mutual Variable Life Account II, Northwestern Mutual Variable Life Account II

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THE SEPARATE ACCOUNT. The Separate Account is shown on the Contract Schedule and consists of assets we set aside, which are kept separate from that of the general account assets and all our other separate account designated on the Policy Schedule Pages (page 7)assets. It is registered with the Securities and Exchange Commission (“SEC”) as a unit investment trust under the Investment Company Act of 1940 (the “1940 Act”). Unless required by law, the investment policy The assets of the Separate Account may equal to reserves and other liabilities will not be changed without the Company’s consent charged with liabilities arising out of any other business we may conduct. Income, gains and subject losses, whether or not realized, from assets allocated to any required regulatory approval. The Company is the legal owner of the assets held in the Separate Account, but the a Separate Account is legally segregated, meaning that its assets are kept separate from assets held in the Company’s general account and other separate accounts that it may have. Assets will be allocated to the Separate Account to support the operation of this Policy (except when this Policy is in force under the Paid-up Option under Section 11) and other flexible and scheduled premium variable life insurance policies. Assets may also be allocated for other purposes, but not to support the operation of any contracts or policies other than variable life insurance. Xxxxxx and realized and unrealized gains and losses from assets in the Separate Account are credited to or charged against it such account without regard to other income, gains or losses of the Company. The portion of these Separate Account assets that equals are divided into Sub-Accounts. The Sub-Accounts which are available under this Contract during the reserves and other liabilities Accumulation Phase are shown on the Contract Schedule. The assets of the policies supported Sub-Accounts are invested in shares of the Funds. You may be permitted to transfer Contract Values or allocate Purchase Payments to the Sub-Accounts during the Accumulation Phase. However, the right to make such transfers or allocations will be limited by the terms and conditions we impose. We reserve the right, subject to compliance with applicable federal securities laws and regulations and any other federal or state law, to make certain changes to the structure and operation of the Separate Account, including, among other things: ● eliminate, combine or add Sub-Accounts; ● combine the Separate Account will not be charged with liabilities arising out one or more different separate account(s); ● close existing Sub-Accounts to allocations of any other business the Company may conduct. The Company reserves the right to new Purchase Payments and Contract Value by current or new Contract Owners; ● transfer assets of the Separate Account in excess of these reserves and liabilities to its general account. The Company also reserves the right to transfer assets of the Separate or any Sub-Account that it determines we may determine to be associated with the class of policies to contracts in which this Policy the Contract belongs to another separate account. If this type of transfer is made, the term “Separate account or Sub-Account” as used in this Policy will mean the separate account to which the assets are transferred. When permitted by law and subject to any approvals that may be required by regulatory authorities, the Company reserves the right to: • ; ● operate the Separate Account or a Division as either a unit investment trust or a management investment company under the 1940 Act, or in as any other form allowed permitted by law; ● add or remove Funds or Fund classes in which the Sub-Accounts invest; and ● substitute a new Fund for a Fund in which a Sub-Account currently invests (new or substitute Funds may have different fees and expenses). In the event we exercise these rights, if deemed by the Company to be in the best interest of its policyowners; • register or deregister the Separate Account under the 1940 Act or change its classification under that Act; • create new separate accounts; • combine the Separate Account with any other separate account; • transfer the assets and liabilities of the Separate Account to another separate account; • add, delete or make substitutions for the securities and other assets that are held or purchased by the Separate Account; • terminate and/or liquidate the Separate Account; • restrict or eliminate any voting rights of policyowners or other persons who have voting rights as we will provide Written Notice to the Separate Account; and • make any changes to the Separate Account to conform with, or required by any change in, federal tax law, the 1940 Act and regulations promulgated thereunder, or any other applicable federal or state lawsOwner(s).

Appears in 2 contracts

Samples: Massachusetts Mutual Variable Annuity Separate Account 4, Massachusetts Mutual Variable Annuity Separate Account 4

THE SEPARATE ACCOUNT. The Separate Account is shown on the Contract Schedule and consists of assets we set aside, which are kept separate from that of the general account assets and all our other separate account designated on the Policy Schedule Pages (page 7)assets. It is registered with the Securities and Exchange Commission (“SEC”) as a unit investment trust under the Investment Company Act of 1940 (the “1940 Act”). Unless required by law, the investment policy The assets of the Separate Account may not be changed without the Company’s consent and subject equal to any required regulatory approval. The Company is the legal owner of the assets held in the Separate Account, but the Separate Account is legally segregated, meaning that its assets are kept separate from assets held in the Company’s general account and other separate accounts that it may have. Assets will be allocated to the Separate Account to support the operation of this Policy (except when this Policy is in force under the Paid-up Option under Section 11) and other flexible and scheduled premium variable life insurance policies. Assets may also be allocated for other purposes, but not to support the operation of any contracts or policies other than variable life insurance. Xxxxxx and realized and unrealized gains and losses from assets in the Separate Account are credited to or charged against it without regard to other income, gains or losses of the Company. The portion of these assets that equals the reserves and other liabilities of the policies supported by the Separate Account will not be charged with liabilities arising out of any other business the Company we may conduct. The Company reserves Separate Account assets are divided into Sub-Accounts. The Sub-Accounts which are available under this Contract during the Accumulation Phase are shown on the Contract Schedule. The assets of the Sub-Accounts are invested in shares of the Funds. You may be permitted to transfer Contract Values or allocate Purchase Payments to the Sub-Accounts during the Accumulation Phase. However, the right to make such transfers or allocations will be limited by the terms and conditions we impose. We reserve the right, subject to compliance with applicable federal securities laws and regulations and any other federal or state law, to make certain changes to the structure and operation of the Separate Account, including, among other things: • eliminate, combine or add Sub-Accounts; • combine the Separate Account or any Sub-Account(s) with one or more different separate account(s) or Sub-Account(s); • close existing Sub-Accounts to allocations of new Purchase Payments and Contract Value by current or new Contract Owners; • transfer assets of the Separate Account in excess of these reserves and liabilities to its general account. The Company also reserves the right to transfer assets of the Separate or any Sub-Account that it determines we may determine to be associated with the class of policies to contracts in which this Policy the Contract belongs to another separate account. If this type of transfer is made, the term “Separate account or Sub-Account” as used in this Policy will mean the separate account to which the assets are transferred. When permitted by law and subject to any approvals that may be required by regulatory authorities, the Company reserves the right to: ; • operate the Separate Account or a Division as either a unit investment trust or a management investment company under the 1940 Act, or in as any other form allowed permitted by law, if deemed by the Company to be in the best interest of its policyowners; • register add or deregister remove Funds or Fund classes in which the Separate Account under the 1940 Act or change its classification under that Act; • create new separate accounts; • combine the Separate Account with any other separate account; • transfer the assets and liabilities of the Separate Account to another separate account; • add, delete or make substitutions for the securities and other assets that are held or purchased by the Separate Account; • terminate and/or liquidate the Separate Account; • restrict or eliminate any voting rights of policyowners or other persons who have voting rights as to the Separate AccountSub-Accounts invest; and • make any changes substitute a new Fund for a Fund in which a Sub-Account currently invests (new or substitute Funds may have different fees and expenses). In the event we exercise these rights, we will provide Written Notice to the Separate Account to conform with, or required by any change in, federal tax law, the 1940 Act and regulations promulgated thereunder, or any other applicable federal or state lawsOwner(s).

Appears in 2 contracts

Samples: Massachusetts Mutual Variable Annuity Separate Account 4, Massachusetts Mutual Variable Annuity Separate Account 4

THE SEPARATE ACCOUNT. The Separate Account is Realized and unrealized gains and losses from the separate account designated on the Policy Schedule Pages (page 7). It is registered with the Securities and Exchange Commission (“SEC”) as a unit investment trust under the Investment Company Act of 1940 (the “1940 Act”). Unless required by law, the investment policy assets of the Separate Account may not be changed are credited or charged against it without the Company’s consent and subject regard to any required regulatory approval. The Company is the legal owner of the assets held in the Separate AccountEquitable's other income, but the Separate Account is legally segregated, meaning that its assets are kept separate from assets held in the Company’s general account and other separate accounts that it may havegains or losses. Assets will be are allocated to the Separate Account to support the operation of this Policy (except when this Policy is in force under the Paid-up Option under Section 11) Contract and other flexible and scheduled premium variable life insurance policiescontracts. Assets may also be allocated for other purposes, but not to support the operation The assets of any contracts or policies other than variable life insurance. Xxxxxx and realized and unrealized gains and losses from assets in the Separate Account are credited to or charged against it without regard to other income, gains or losses the property of the CompanyEquitable. The portion of these its assets that equals equal to the reserves and other contract liabilities of the policies supported by with respect to the Separate Account will not be charged chargeable with liabilities arising out of any other business the Company Equitable conducts. Equitable may conduct. The Company reserves the right to transfer assets of the Separate Account an Investment Division in excess of these the reserves and other liabilities with respect to its general accountsuch Investment Division to another Investment Division or to Equitable's General Account. The Company also reserves Separate Account consists of the right to transfer Investment Divisions. Each Investment Division may invest its assets in a separate class (or series) of shares of a designated trust or investment company where each class (or series) represents a separate portfolio in the trust or investment company. The Investment Divisions available on the Register Date of this Contract are the Stock Division, the Money Market Division, the Balanced Division and the Aggressive Stock Division. Equitable will value the assets of the Separate Account that it determines to be associated with the class of policies to which this Policy belongs to another separate accounteach Investment Division on each Business Day. If this type of transfer is madeEquitable may, the term “Separate Account” as used in this Policy will mean the separate account to which at its discretion, invest the assets are transferredof any Investment Division in any investment permitted by applicable law. When Equitable may rely conclusively on the opinion of counsel (including attorneys in its employ) as to what investments it is permitted by law and subject to make. On any approvals that may be required by regulatory authoritiesdate when an amount is allocated to or withdrawn, deducted, or transferred from an Investment Division with respect to a Participant, the Company reserves Retirement Account Value will be credited or charged, as the right to: • operate case may be, with the Separate Account or number of Accumulation Units determined by dividing said amount by the Accumulation Unit Value for the appropriate Investment Division for the Valuation Period which includes that date. The number of Accumulation Units with respect to a Participant in an Investment Division as either a unit investment trust or a management company under on any date is equal to (a) the 1940 Actsum of all Accumulation Units that have been allocated to that Division with respect to that Participant, minus (b) the sum of all Accumulation Units that have been withdrawn, deducted, or transferred from that Investment Division with respect to that Participant. The amount with respect to a Participant in an Investment Division on any other form allowed by law, if deemed by date is equal to (a) the Company number of Accumulation Units with respect to be that Participant in the best interest of its policyowners; • register or deregister Investment Division on that date, multiplied by (b) the Separate Account under the 1940 Act or change its classification under that Act; • create new separate accounts; • combine the Separate Account with any other separate account; • transfer the assets and liabilities of the Separate Account to another separate account; • add, delete or make substitutions Accumulation Unit Value for the securities and other assets Investment Division for the Valuation Period which includes that are held or purchased by the Separate Account; • terminate and/or liquidate the Separate Account; • restrict or eliminate any voting rights of policyowners or other persons who have voting rights as to the Separate Account; and • make any changes to the Separate Account to conform with, or required by any change in, federal tax law, the 1940 Act and regulations promulgated thereunder, or any other applicable federal or state lawsdate.

Appears in 2 contracts

Samples: Contract Group (Separate Account a of Equitable Life Assu Soc of the Us), Contract Group (Separate Account a of Equitable Life Assu Soc of the Us)

THE SEPARATE ACCOUNT. The Separate Account is the separate account designated on the Policy Contract Schedule Pages (page 7). It is registered with the Securities and Exchange Commission (“SEC”) as a unit investment trust under the Investment Company Act consists of 1940 (the “1940 Act”). Unless required assets set aside by law, the investment policy of the Separate Account may not be changed without the Company’s consent and subject to any required regulatory approval. The Company is the legal owner of the assets held in the Separate Account, but the Separate Account is legally segregated, meaning that its assets which are kept separate from that of the general assets held in the Company’s general account and all other separate accounts that it may have. Assets will be allocated to the Separate Account to support the operation of this Policy (except when this Policy is in force under the Paid-up Option under Section 11) and other flexible and scheduled premium variable life insurance policies. Assets may also be allocated for other purposes, but not to support the operation of any contracts or policies other than variable life insurance. Xxxxxx and realized and unrealized gains and losses from account assets in the Separate Account are credited to or charged against it without regard to other income, gains or losses of the Company. The portion assets of these assets that equals the Separate Account equal to reserves and other liabilities of the policies supported by the Separate Account will not be charged with liabilities arising out of any other business the Company may conduct. The Separate Account assets are divided into Sub-Accounts. The Sub-Accounts which are available under this Contract are listed in the Contract Schedule. The assets of the Sub-Accounts are allocated to the Eligible Investment(s) and the Series, if any, within an Eligible Investment shown on the Contract Schedule. The Company reserves may, from time to time, add additional Eligible Investments or Series to those shown on the Contract Schedule. The Contract Owner may be permitted to transfer Contract Values or allocate Net Purchase Payments to the additional Eligible Investments or Series. However, the right to transfer make such transfers or allocations will be limited by the terms and conditions imposed by the Company. Should the shares of any such Eligible Investment(s) or any Series within an Eligible Investment become unavailable for investment by the Separate Account, or the Company's Board of Directors deems further investment in these shares inappropriate, the Company may limit further purchase of such shares or may substitute shares of another Eligible Investment or Series for shares already purchased under this Contract. VALUATION OF ASSETS The assets of the Separate Account are valued at their fair market value in excess accordance with procedures of these reserves and liabilities the Company. ACCUMULATION UNITS During the Accumulation Period, Accumulation Units shall be used to its general account. The Company also reserves account for all amounts allocated to or withdrawn from the right to transfer assets Sub-Accounts of the Separate Account that it determines as a result of Purchase Payments, withdrawals, transfers, or fees and charges. The Company will determine the number of Accumulation Units of a Sub-Account purchased or cancelled. This will be done by dividing the amount allocated to be associated with (or the class amount withdrawn from) the Sub-Account by the dollar value of policies to which this Policy belongs to another separate account. If this type one Accumulation Unit of transfer is made, the term “Separate Account” Sub-Account as used in this Policy will mean of the separate account to end of the Valuation Period during which the assets are transferred. When permitted by law and subject to any approvals that may be required by regulatory authorities, the Company reserves the right to: • operate the Separate Account or a Division as either a unit investment trust or a management company under the 1940 Act, or in any other form allowed by law, if deemed by the Company to be in the best interest of its policyowners; • register or deregister the Separate Account under the 1940 Act or change its classification under that Act; • create new separate accounts; • combine the Separate Account with any other separate account; • transfer the assets and liabilities of the Separate Account to another separate account; • add, delete or make substitutions request for the securities and other assets that are held or purchased by transaction is received at the Separate Account; • terminate and/or liquidate the Separate Account; • restrict or eliminate any voting rights of policyowners or other persons who have voting rights as to the Separate Account; and • make any changes to the Separate Account to conform with, or required by any change in, federal tax law, the 1940 Act and regulations promulgated thereunder, or any other applicable federal or state lawsAnnuity Service Center.

Appears in 1 contract

Samples: Cm Multi Account A

THE SEPARATE ACCOUNT. The Separate Account is supports the separate account designated on operation of this Policy and certain other variable life insurance policies we may offer. We will not allocate assets to the Policy Schedule Pages (page 7)Separate Account to support the operation of any contracts or policies that are not variable life insurance. It We own the assets in the Separate Account. These assets are held separately from our other assets and are not part of our General Account. The Separate Account is registered with the Securities and Exchange Commission (“SEC”) as a unit investment trust under the Investment Company Act of 1940 (1940. The Separate Account is also subject to laws of the “1940 Act”)Commonwealth of Virginia which regulate the operations of insurance companies incorporated in Virginia. Unless required by law, the The investment policy of the Separate Account may will not be changed without the Company’s consent and subject to any required regulatory approvalapproval of the Insurance Commissioner of the Commonwealth of Virginia. The Company approval process is on file with the legal owner Insurance Commissioner of the state in which this Policy was delivered. INSULATION OF ASSETS The portion of the assets held in the Separate Account, but of the Separate Account is legally segregated, meaning that its assets are kept separate from assets held in which equals the Company’s general account reserves and other separate accounts that it may have. Assets will be allocated to policy liabilities of the policies which are supported by the Separate Account will not be charged with liabilities arising from any other business we conduct. We have the right to support the operation transfer to our General Account any assets of this Policy (except when this Policy is in force under the Paid-up Option under Section 11) and other flexible and scheduled premium variable life insurance policies. Assets may also be allocated for other purposes, but not to support the operation of any contracts or policies other than variable life insurance. Xxxxxx and realized and unrealized gains and losses from assets in the Separate Account which are in excess of such reserves and other policy liabilities. INVESTMENT SUBDIVISIONS The Separate Account is divided into Investment Subdivisions. The income, gains and losses, realized or unrealized, from the assets allocated to an Investment Subdivision are credited to or charged against it such Investment Subdivision without regard to other income, gains or losses of the Company. The portion of these assets that equals Investment Subdivisions available under this Policy are shown in the reserves and other liabilities of the policies supported by policy data pages. Each Investment Subdivision in the Separate Account will not be charged with liabilities arising out invests exclusively in shares of any other business the Company may conduct. The Company reserves the right to transfer assets a designated portfolio of the Separate Account in excess of these reserves and liabilities to its general account. The Company also reserves the right to transfer assets of the Separate Account that it determines to be associated with the class of policies to which this Policy belongs to another separate account. If this a series type of transfer is mademutual fund ("a Fund"). Any amounts of income, dividends and gains distributed from the term “Separate Account” as used shares of a Fund are reinvested in this Policy will mean the separate account to which the assets are transferredadditional shares of that Fund. When CHANGES TO THE SEPARATE ACCOUNT AND INVESTMENT SUBDIVISIONS Where permitted by law and subject to any approvals that may be required by regulatory authoritiesapplicable law, the Company reserves the right to: • operate the Separate Account or a Division as either a unit investment trust or a management company under the 1940 Act, or in any other form allowed by law, if deemed by the Company to be in the best interest of its policyowners; • register or deregister the Separate Account under the 1940 Act or change its classification under that Act; • create new separate accounts; • combine the Separate Account with any other separate account; • transfer the assets and liabilities of the Separate Account to another separate account; • add, delete or make substitutions for the securities and other assets that are held or purchased by the Separate Account; • terminate and/or liquidate the Separate Account; • restrict or eliminate any voting rights of policyowners or other persons who have voting rights as to the Separate Account; and • make any changes to the Separate Account to conform with, or required by any change in, federal tax law, the 1940 Act and regulations promulgated thereunder, or any other applicable federal or state laws.may:

Appears in 1 contract

Samples: Exhibit 1a (Ge Life & Annuity Assurance Co Ii)

THE SEPARATE ACCOUNT. The Separate Account is the separate account designated on the Policy Schedule Pages (page 7). It is registered with the Securities and Exchange Commission (“SEC”) as a unit investment trust under the Investment Company Act of 1940 (the “1940 Act”). Unless required by law, the investment policy of the Separate Account may not be changed without the Company’s consent and subject to any required regulatory approval. The Company is the legal owner of the assets held in the Separate Account, but the Separate Account is legally segregated, meaning that its assets are kept separate from assets held in the Company’s general account and other separate accounts that it may have. Assets will be allocated to the Separate Account to support the operation of this Policy (except when this Policy is in force under the Paid-up Option under Section 11) and other flexible and scheduled premium variable life insurance policies. Assets may also be allocated for other purposes, but not to support the operation of any contracts or policies other than variable life insurance. Xxxxxx and realized and unrealized gains and losses from assets in the Separate Account are credited to or charged against it without regard to other income, gains or losses of the Company. The portion of these assets that equals the reserves and other liabilities of the policies supported by the Separate Account will not be charged with liabilities arising out of any other business the Company may conduct. The Company reserves the right to transfer assets of the Separate Account in excess of these reserves and liabilities to its general account. The Company also reserves the right to transfer assets of the Separate Account that it determines to be associated with the class of policies to which this Policy belongs to another separate account. If this type of transfer is made, the term “Separate Account” as used in this Policy will mean the separate account to which the assets are transferred. When permitted by law and subject to any approvals that may be required by regulatory authorities, the Company reserves the right to: • operate the Separate Account or a Division as either a unit investment trust or a management company under the 1940 Act, or in any other form allowed by law, if deemed by the Company to be in the best interest of its policyowners; • register or deregister the Separate Account under the 1940 Act or change its classification under that Act; • create new separate accounts; • combine the Separate Account with any other separate account; • transfer the assets and liabilities of the Separate Account to another separate account; • add, delete or make substitutions for the securities and other assets that are held or purchased by the Separate Account; • terminate and/or liquidate the Separate Account; • restrict or eliminate any voting rights of policyowners or other persons who have voting rights as to the Separate Account; and • make any changes to the Separate Account to conform with, or required by any change in, federal tax law, the 1940 Act and regulations promulgated thereunder, or any other applicable federal or state laws.the

Appears in 1 contract

Samples: Northwestern Mutual Variable Life Account II

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THE SEPARATE ACCOUNT. The Separate Account is Realized and unrealized gains and losses from the separate account designated on the Policy Schedule Pages (page 7). It is registered with the Securities and Exchange Commission (“SEC”) as a unit investment trust under the Investment Company Act of 1940 (the “1940 Act”). Unless required by law, the investment policy assets of the Separate Account may not be changed are credited or charged against it without the Company’s consent and subject regard to any required regulatory approval. The Company is the legal owner of the assets held in the Separate AccountEquitable's other income, but the Separate Account is legally segregated, meaning that its assets are kept separate from assets held in the Company’s general account and other separate accounts that it may havegains or losses. Assets will be are allocated to the Separate Account to support the operation of this Policy (except when this Policy is in force under the Paid-up Option under Section 11) Contract and other flexible and scheduled premium variable life insurance policiescontracts. Assets may also be allocated for other purposes, but not to support the operation The assets of any contracts or policies other than variable life insurance. Xxxxxx and realized and unrealized gains and losses from assets in the Separate Account are credited to or charged against it without regard to other income, gains or losses the property of the CompanyEquitable. The portion of these its assets that equals equal to the reserves and other contract liabilities of the policies supported by with respect to the Separate Account will not be charged chargeable with liabilities arising out of any other business the Company Equitable conducts. Equitable may conduct. The Company reserves the right to transfer assets of the Separate Account an Investment Division in excess of these the reserves and other liabilities with respect to its general accountsuch Investment Division to another Investment Division or to Equitable's General Account. The Company also reserves Separate Account consists of the right to transfer Investment Divisions. Each Investment Divisions may invest its assets in a separate class (or series) of shares of a designated trust or investment company where each class (or series) represents a separate portfolio in the trust or investment company. Equitable will value the assets of the Separate Account that it determines to be associated with the class of policies to which this Policy belongs to another separate accounteach Investment Division on each Business Day. If this type of transfer is madeEquitable may, the term “Separate Account” as used in this Policy will mean the separate account to which at its discretion, invest the assets are transferredof any Investment Division in any investment permitted by applicable law. When Equitable may rely conclusively on the opinion of counsel (including attorneys in its employ) as to what investments it is permitted by law and subject to make. On any approvals that may be required by regulatory authoritiesdate when an amount is allocated to or withdrawn, deducted, or transferred from an Investment Division with respect to a Participant, the Company reserves Retirement Account Value will be credited or charged, as the right to: • operate case may be, with the Separate Account or number of Accumulation Units determined by dividing said amount by the Accumulation Unit Value for the appropriate Investment Division for the Valuation Period which includes that date. The number of Accumulation Units with respect to a Participant in an Investment Division as either a unit investment trust or a management company under on any date is equal to (a) the 1940 Actsum of all Accumulation Units that have been allocated to that Division with respect to that Participant, minus (b) the sum of all Accumulation Units that have been withdrawn, deducted, or transferred from that Investment Division with respect to that Participant. The amount with respect to a Participant in an Investment Division on any other form allowed by law, if deemed by date is equal to (a) the Company number of Accumulation Units with respect to be that Participant in the best interest of its policyowners; • register or deregister Investment Division on that date, multiplied by (b) the Separate Account under the 1940 Act or change its classification under that Act; • create new separate accounts; • combine the Separate Account with any other separate account; • transfer the assets and liabilities of the Separate Account to another separate account; • add, delete or make substitutions Accumulation Unit Value for the securities and other assets Investment Division for the Valuation Period which includes that are held or purchased by the Separate Account; • terminate and/or liquidate the Separate Account; • restrict or eliminate any voting rights of policyowners or other persons who have voting rights as to the Separate Account; and • make any changes to the Separate Account to conform with, or required by any change in, federal tax law, the 1940 Act and regulations promulgated thereunder, or any other applicable federal or state lawsdate.

Appears in 1 contract

Samples: Contract Group (Separate Account a of Equitable Life Assu Soc of the Us)

THE SEPARATE ACCOUNT. The Separate Account is named in the separate policy data pages will be used to support the operation of this policy and certain other variable life insurance policies we may subsequently offer. We will not allocate assets to the Separate Account to support the operation of any contracts or policies that re not variable life insurance. We own the assets in the Separate Account. However, these assets are not part of our general account. Income, gains and losses, whether or not realized, from assets allocated to the Separate Account will be credited to or charged against the account designated on the Policy Schedule Pages (page 7)without regard to our other income, gains or losses. It The Separate Account is registered with the Securities and Exchange Commission (“SEC”) as a unit investment trust under the Investment Company Act of 1940 (1940. The Separate Account is also subject to laws of the “1940 Act”)Commonwealth of Virginia which regulate the operations of insurance companies incorporated in Virginia. Unless required by law, the The investment policy of the Separate Account may will not be changed without the Company’s consent and subject to any required regulatory approvalapproval of the Insurance Commissioner of the Commonwealth of Virginia. The Company approval process is on file with the legal owner Insurance Commissioner of the assets held state in which this policy was delivered. The Separate Account is divided into Investment Subdivisions. The Investment Subdivisions are named in the policy data pages. We reserve the right to remove any Investment Subdivisions of the Separate Account, but or to add new Investment Subdivisions. Each Investment Subdivision in the Separate Account is legally segregatedwill invest in shares of a designated portfolio of Life of Virginia Series Fund, meaning that its assets are kept separate from assets held in Inc., a series type of mutual fund. You determine the Company’s general account and other separate accounts that it may have. Assets percentage of net premiums which will be allocated to each Investment Subdivision. The policyowner will share only in the income, gains and losses of the Investment Subdivisions to which his net premium payment have been allocated. That portion of the assets of the Separate Account to support the operation of this Policy (except when this Policy is in force under the Paid-up Option under Section 11) and other flexible and scheduled premium variable life insurance policies. Assets may also be allocated for other purposes, but not to support the operation of any contracts or policies other than variable life insurance. Xxxxxx and realized and unrealized gains and losses from assets in the Separate Account are credited to or charged against it without regard to other income, gains or losses of the Company. The portion of these assets that which equals the reserves and other policy liabilities of the policies which are supported by the Separate Account will not be charged with liabilities arising out of from any other business the Company may we conduct. The Company We have the right to transfer to our general account any assets of the Separate Account which are in excess of such reserves and other policy liabilities. We also have the right, subject to compliance with applicable law, to make additions to, deletions from, or substitutions for the shares of a mutual fund portfolio that re held by the Separate Account or that the Account may purchase. We reserve the right to eliminate the shares of an eligible portfolio of Life of Virginia Series Fund, Inc. and to substitute shares of another portfolio of Life of Virginia Series fund, Inc. or another mutual fund portfolio, if the shares of the portfolio are no longer available for investments, or if in our judgement further investment in the portfolio should become inappropriate in view of the purposes of the Separate Account. In the event of any substitution or change, we may, by appropriate endorsement, make such changes in this and other policies as may be necessary or appropriate to reflect the substitution or change. We also reserve the right to transfer assets of the Separate Account in excess of these reserves and liabilities to its general account. The Company also reserves the right to transfer assets of the Separate Account that it determines Account, which we determine to be associated with the class of policies to which this Policy policy belongs to another separate account. If this type of transfer is made, the term "the Separate Account", as used in this Policy will policy, shall then mean the separate account to which the assets are were transferred. When permitted by law and subject to any approvals that may be required by regulatory authoritieslaw, the Company reserves we also reserve the right to: • operate the Separate Account or a Division as either a unit investment trust or a management company under the 1940 Act, or in any other form allowed by law, if deemed by the Company to be in the best interest of its policyowners; • register or deregister the Separate Account under the 1940 Act or change its classification under that Act; • create new separate accounts; • combine the Separate Account with any other separate account; • transfer the assets and liabilities of the Separate Account to another separate account; • add, delete or make substitutions for the securities and other assets that are held or purchased by the Separate Account; • terminate and/or liquidate the Separate Account; • restrict or eliminate any voting rights of policyowners or other persons who have voting rights as to the Separate Account; and • make any changes to the Separate Account to conform with, or required by any change in, federal tax law, the 1940 Act and regulations promulgated thereunder, or any other applicable federal or state laws.:

Appears in 1 contract

Samples: Participation Agreement (Life of Virginia Separate Account Ii)

THE SEPARATE ACCOUNT. The Separate Account is the separate account designated on the Policy Schedule Pages (page 7). It is registered with the Securities and Exchange Commission (“SEC”) as a unit investment trust under the Investment Company Act of 1940 (the “1940 Act”). Unless required by law, the investment policy of the Separate Account may not be changed without the Company’s consent and subject to any required regulatory approval. The Company is the legal owner of the assets held in the Separate Account, but the Separate Account is legally segregated, meaning that its assets are kept separate from assets held in the Company’s general account and other separate accounts that it may have. Assets will be allocated to the Separate Account to support the operation of this Policy (except when this Policy is in force under the Paid-up Option under Section 1110) and other flexible and scheduled premium variable life insurance policies. Assets may also be allocated for other purposes, but not to support the operation of any contracts or policies other than variable life insurance. Xxxxxx Ixxxxx and realized and unrealized gains and losses from assets in the Separate Account are credited to or charged against it without regard to other income, gains or losses of the Company. The portion of these assets that equals the reserves and other liabilities of the policies supported by the Separate Account will not be charged with liabilities arising out of any other business the Company may conduct. The Company reserves the right to transfer assets of the Separate Account in excess of these reserves and liabilities to its general account. The Company also reserves the right to transfer assets of the Separate Account that it determines to be associated with the class of policies to which this Policy belongs to another separate account. If this type of transfer is made, the term “Separate Account” as used in this Policy will mean the separate account to which the assets are transferred. When permitted by law and subject to any approvals that may be required by regulatory authorities, the Company reserves the right to: • operate the Separate Account or a Division as either a unit investment trust or a management company under the 1940 Act, or in any other form allowed by law, if deemed by the Company to be in the best interest of its policyowners; • register or deregister the Separate Account under the 1940 Act or change its classification under that Act; • create new separate accounts; • combine the Separate Account with any other separate account; • transfer the assets and liabilities of the Separate Account to another separate account; • add, delete or make substitutions for the securities and other assets that are held or purchased by the Separate Account; • terminate and/or liquidate the Separate Account; • restrict or eliminate any voting rights of policyowners or other persons who have voting rights as to the Separate Account; and • make any changes to the Separate Account to conform with, or required by any change in, federal tax law, the 1940 Act and regulations promulgated thereunder, or any other applicable federal or state laws.

Appears in 1 contract

Samples: Northwestern Mutual Variable Life Account II

THE SEPARATE ACCOUNT. The Separate Account is the separate account designated on the Policy Schedule Pages (page 7). It is registered with the Securities and Exchange Commission (“SEC”) as a unit investment trust under the Investment Company Act of 1940 (the “1940 Act”). Unless required by law, the investment policy of the Separate Account may not be changed without the Company’s consent and subject to any required regulatory approval. The Company is the legal owner of the assets held in the Separate Account, but the Separate Account is legally segregated, meaning that its assets are kept separate from assets held in the Company’s general account and other separate accounts that it may have. Assets will be allocated to the Separate Account to support the operation of this Policy (except when this Policy is in force under the Paid-up Option under Section 1110) and other flexible and scheduled premium variable life insurance policies. Assets may also be allocated for other purposes, but not to support the operation of any contracts or policies other than variable life insurance. Xxxxxx and realized and unrealized gains and losses from assets in the Separate Account are credited to or charged against it without regard to other income, gains or losses of the Company. The portion of these assets that equals the reserves and other liabilities of the policies supported by the Separate Account will not be charged with liabilities arising out of any other business the Company may conduct. The Company reserves the right to transfer assets of the Separate Account in excess of these reserves and liabilities to its general account. The Company also reserves the right to transfer assets of the Separate Account that it determines to be associated with the class of policies to which this Policy belongs to another separate account. If this type of transfer is made, the term “Separate Account” as used in this Policy will mean the separate account to which the assets are transferred. When permitted by law and subject to any approvals that may be required by regulatory authorities, the Company reserves the right to: · operate the Separate Account or a Division as either a unit investment trust or a management company under the 1940 Act, or in any other form allowed by law, if deemed by the Company to be in the best interest of its policyowners; · register or deregister the Separate Account under the 1940 Act or change its classification under that Act; · create new separate accounts; · combine the Separate Account with any other separate account; · transfer the assets and liabilities of the Separate Account to another separate account; · add, delete or make substitutions for the securities and other assets that are held or purchased by the Separate Account; · terminate and/or liquidate the Separate Account; · restrict or eliminate any voting rights of policyowners or other persons who have voting rights as to the Separate Account; and · make any changes to the Separate Account to conform with, or required by any change in, federal tax law, the 1940 Act and regulations promulgated thereunder, or any other applicable federal or state laws.

Appears in 1 contract

Samples: Northwestern Mutual Variable Life Account II

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