Common use of Amendment and Restatement; Form of Agreement Clause in Contracts

Amendment and Restatement; Form of Agreement. A.1. The Fund, the Underwriter and the Adviser acknowledge the planned merger of American Enterprise Life with and into IDS Life (the “Merger”) and the “intact transfer” (“Transfer”) of the Accounts of American Enterprise Life to IDS Life by operation of law and incident to the Merger, on December 31, 2006 at 10:59:59 p.m. Central Time (“Effective Time”), subject to all necessary regulatory approvals being obtained in connection with the Merger and the Transfer, and the re-naming of IDS Life to RiverSource Life Insurance Company simultaneously with the Merger. On and after the Effective Time, all references in this Agreement and its Schedules to American Enterprise Life and IDS Life Insurance Company shall mean and refer to RiverSource Life Insurance Company. The Fund, the Underwriter and the Adviser consent to the transfer of the rights and obligations of American Enterprise Life under this Agreement to IDS Life Insurance Company at the Effective Time of the Merger. A.2. This agreement shall amend and supersede the Participation Agreement dated as of September 1, 2002 among the Fund, the Underwriter, the Adviser, and American Enterprise Life, as amended on April 30, 2004 with respect to all investments by American Enterprise Life or its separate accounts in each Portfolio of the Fund prior to the date of this Agreement. In addition, the foregoing parties hereby amend and restate their agreements as set forth herein to include among other agreements, the addition of IDS Life as a party to this agreement in respect of its Accounts as set forth in Schedule A-1 to this Agreement, and in contemplation of the Transfer of the Accounts of American Enterprise Life to IDS Life on December 31, 2006, incident to the Merger. Although the parties have executed this Agreement in this form for administrative convenience, this Agreement shall create a separate participation agreement with each Company until the Effective Time of the Merger.

Appears in 1 contract

Sources: Participation Agreement (Universal Institutional Funds Inc)

Amendment and Restatement; Form of Agreement. A.1. The Fund, the Underwriter and the Adviser acknowledge the planned merger of American Enterprise Life with and into IDS Life (the "Merger") and the "intact transfer" ("Transfer") of the Accounts of American Enterprise Life to IDS Life by operation of law and incident to the Merger, on December 31, 2006 at 10:59:59 p.m. Central Time ("Effective Time"), subject to all necessary regulatory approvals being obtained in connection with the Merger and the Transfer, and the re-naming of IDS Life to RiverSource Life Insurance Company simultaneously with the Merger. On and after the Effective Time, all references in this Agreement and its Schedules to American Enterprise Life and IDS Life Insurance Company shall mean and refer to RiverSource Life Insurance Company. The Fund, the Underwriter and the Adviser consent to the transfer of the rights and obligations of American Enterprise Life under this Agreement to IDS Life Insurance Company at the Effective Time of the Merger. A.2. This agreement shall amend and supersede the Participation Agreement dated as of September 1, 2002 among the Fund, the Underwriter, the Adviser, and American Enterprise Life, as amended on April 30, 2004 with respect to all investments by American Enterprise Life or its separate accounts in each Portfolio of the Fund prior to the date of this Agreement. In addition, the foregoing parties hereby amend and restate their agreements as set forth herein to include among other agreements, the addition of IDS Life as a party to this agreement in respect of its Accounts as set forth in Schedule A-1 to this Agreement, and in contemplation of the Transfer of the Accounts of American Enterprise Life to IDS Life on December 31, 2006, incident to the Merger. Although the parties have executed this Agreement in this form for administrative convenience, this Agreement shall create a separate participation agreement with each Company until the Effective Time of the Merger.

Appears in 1 contract

Sources: Participation Agreement (Riversource Variable Account 10)

Amendment and Restatement; Form of Agreement. A.1. The Fund, the Underwriter 1A.1 Dreyfus and the Adviser Participating Funds acknowledge the planned merger of American Enterprise Life with and into IDS Life (the "Merger") and the "intact transfer" ("Transfer") of the Separate Accounts of American Enterprise Life to IDS Life by operation of law and incident to the Merger, on December 31, 2006 at 10:59:59 p.m. Central Time ("Effective Time"), subject to all necessary regulatory approvals being obtained in connection with the Merger and the Transfer, and the re-naming of IDS Life to RiverSource Life Insurance Company simultaneously with the Merger. On and after the Effective Time, all references in this Agreement and its Schedules Exhibits to American Enterprise Life and IDS Life Insurance Company shall mean and refer to RiverSource Life Insurance Company. The Fund, the Underwriter Dreyfus and the Adviser Participating Funds consent to the transfer of the rights and obligations of American Enterprise Life under this Agreement to IDS Life Insurance Company at the Effective Time of the Merger. A.2. 1A.2 This agreement shall amend and supersede the Participation Agreement dated as of September 1August 26, 2002 1999, as amended April 30, 2004, among the Fund, the Underwriter, the Adviser, and American Enterprise Life, as amended on April 30, 2004 Dreyfus and certain Participating Funds with respect to all investments by American Enterprise Life or its separate accounts Separate Accounts in each Portfolio of the Fund such Participating Funds prior to the date of this Agreement. In addition, the foregoing parties hereby amend and restate their agreements as set forth herein to include among other agreements, the addition of IDS Life as a party to this agreement in respect of its Separate Accounts as set forth in Schedule A-1 on Exhibit A to this Agreement, and in contemplation of the Transfer of the Separate Accounts of American Enterprise Life to IDS Life on December 31, 2006, incident to the Merger. Although the parties have executed this Agreement in this form for administrative convenience, this Agreement shall create a separate participation agreement with each Insurance Company until the Effective Time of the Merger.

Appears in 1 contract

Sources: Fund Participation Agreement (Riversource Variable Account 10)

Amendment and Restatement; Form of Agreement. A.1. A.1 The Fund, the Underwriter Adviser and the Adviser Distributor acknowledge the planned merger of both American Enterprise Life with and into IDS Life (the "Merger") and the "intact transfer" (the "Transfer") of the Accounts of American Enterprise Life to IDS Life by operation of law and incident to the Merger, on December 31, 2006 at 10:59:59 p.m. Central Time (the "Effective Time"), subject to all necessary regulatory approvals being obtained in connection with the Merger and the Transfer, and the re-naming of IDS Life to RiverSource Life Insurance Company simultaneously with the Merger. On and after the Effective Time, all references in this Agreement and its Schedules to American Enterprise Life and IDS Life Insurance Company shall mean and refer to RiverSource Life Insurance Company. The Fund, the Underwriter Adviser and the Adviser Distributor consent to the transfer of the rights and obligations of American Enterprise Life under this Agreement to IDS Life Insurance Company at the Effective Time of the Merger. A.2. A.2 This agreement Agreement shall amend and supersede the Participation Agreement dated following agreements as of September May 1, 2002 among the Fund2006, the Underwriter, the Adviser, and American Enterprise Life, as amended on April 30, 2004 with respect to all investments by American Enterprise Life or each Company and its separate accounts in each Portfolio of the Fund Accounts prior to the date of this Agreement. In addition, as though identical separate agreements had been executed by the foregoing parties hereby amend and restate their agreements hereto on the dates as set forth herein to include among other agreements, the addition of IDS Life as a party to this agreement in respect of its Accounts as set forth in Schedule A-1 to this indicated below: A.2.1 Restated Participation Agreement, dated December 2, 2002, by and in contemplation of the Transfer of the Accounts of between American Enterprise Life to and The Galaxy VIP Fund. A.2.2 Participation Agreement, dated February 2, 2004, by and among IDS Life on December 31Life, 2006Liberty Variable Investment Trust and Columbia Funds Distributor, incident to the Merger. Inc. Although the parties have executed this Agreement in this form for administrative convenience, this Agreement shall create a separate participation agreement with agreements between each Company and the Fund until the Effective Time of the Merger.

Appears in 1 contract

Sources: Fund Participation Agreement (Riversource Variable Annuity Account)