Common use of DISCONTINUATION OF OR SUBSTANTIAL CHANGE TO THE INDEX Clause in Contracts

DISCONTINUATION OF OR SUBSTANTIAL CHANGE TO THE INDEX. We have the right, subject to compliance with applicable law, to: (a) substitute an alternative Index if the publication of the Index is discontinued, or, at our sole discretion, we determine that our use of the Index should be discontinued; or (b) end a Segment if an Index is discontinued or otherwise becomes unavailable to us and no reasonable alternative is then available for substitution of such Index. If we end a Segment before its scheduled Maturity Date, we will determine a Segment Maturity Value in accordance with our procedures for an unscheduled close day, as described in section 2.08. We will notify you of any of the above actions we take.

Appears in 10 contracts

Sources: Flexible Premium Deferred Variable and Index Linked Annuity Contract (Equitable America Variable Account No.70A), Flexible Premium Deferred Variable and Index Linked Annuity Contract (Equitable Financial Life Insurance Co of America), Flexible Premium Deferred Variable and Index Linked Annuity Contract (Equitable Financial Life Insurance Co of America)

DISCONTINUATION OF OR SUBSTANTIAL CHANGE TO THE INDEX. We have the right, subject to compliance with applicable law, to: (a) substitute an alternative Index if the publication of the Index is discontinued, or, at our sole discretion, we determine that our use of the Index should be discontinued; or or (b) end a Segment if an Index is discontinued or otherwise becomes unavailable to us and no reasonable alternative is then available for substitution of such Index. If we end a Segment before its scheduled Maturity Date, we will determine a Segment Maturity Value in accordance with our procedures for an unscheduled close day, as described in section 2.08. We will notify you of any of the above actions we take.

Appears in 1 contract

Sources: Flexible Premium Deferred Variable and Index Linked Annuity Contract (Separate Acct No 49 of Axa Equitable Life Insurance Co)