Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law. 3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or Schwab). 3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners. 3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts. 3.5. If and to the extent required by law GWL&A shall: (i) solicit voting instructions from Contractowners;
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity 1 Series Account)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Fund and/or Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A in lieu thereof, the Adviser, Distributor Adviser or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor Fund and/or the Adviser shall provide GWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor Adviser and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or Schwab).
3.3. The Fund, Distributor Fund and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor Fund or the Adviser, neither the Fund, the Distributor Fund nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A shall: (i) solicit voting instructions from Contractowners;
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity 1 Series Account)
Prospectuses and Proxy Statements; Voting. 3.1. At If applicable state or federal laws or regulations require that prospectuses for the Fund be distributed to all Contract owners, then at least annually, the Adviser or Distributor shall provide GWL&A and Schwab PLICO with as many copies of the Fund's ’s current prospectus for the Designated Portfolio(s) as GWL&A and Schwab PLICO may reasonably request for marketing purposes (including distribution to Contractowners Contract owners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. C. If requested by GWL&A PLICO in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A PLICO once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's ’s prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that in the future, PLICO may request that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund Fund, unless required by law.. Should PLICO determine that they will make the prospectuses available in an electronic format, the Fund, Adviser or Distributor, as applicable agree to assist PLICO in obtaining the required information from E▇▇▇▇ and the expenses associated with this form of distribution will be borne in accordance with Schedule C.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("“SAI"”) for the Fund be distributed to all ContractownersContract owners, then the Fund, Distributor and/or the Adviser shall provide GWL&A PLICO with copies of the Fund's ’s SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereofC, as GWL&A PLICO may reasonably require to permit timely distribution thereof to ContractownersContract owners. The Adviser, Distributor Adviser and/or the Fund shall also provide SAIs to any Contractowner Contract owner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabPLICO).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab PLICO with copies of the Fund's ’s proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.C.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab PLICO provided in writing by that partyPLICO, neither GWL&A nor Schwab are PLICO is not responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A PLICO shall: :
(i) solicit voting instructions from Contractowners;
(ii) vote the Designated Portfolio(s) shares held in the Accounts in accordance with instructions received from Contractowners; and
(iii) vote Designated Portfolio shares held in the Accounts for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. PLICO reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC’s interpretation of the requirements of Section 16(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Prospectuses and Proxy Statements; Voting. 3.1. At If applicable state or federal laws or regulations require that prospectuses for the Fund be distributed to all Contract owners, then at least annually, the Adviser or Distributor shall provide GWL&A and Schwab PLICO with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab PLICO may reasonably request for marketing purposes (including distribution to Contractowners Contract owners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. C. If requested by GWL&A PLICO in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A PLICO once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that in the future, PLICO may request that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund Fund, unless required by law.. Should PLICO determine that they will make the prospectuses available in an electronic format, the Fund, Adviser or Distributor, as applicable agree to assist PLICO in obtaining the required information from ▇▇▇▇▇ and the expenses associated with this form of distribution will be borne in accordance with Schedule C.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("“SAI"”) for the Fund be distributed to all ContractownersContract owners, then the Fund, Distributor and/or the Adviser shall provide GWL&A PLICO with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereofC, as GWL&A PLICO may reasonably require to permit timely distribution thereof to ContractownersContract owners. The Adviser, Distributor Adviser and/or the Fund shall also provide SAIs to any Contractowner Contract owner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabPLICO).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab PLICO with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.C.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab PLICO provided in writing by that partyPLICO, neither GWL&A nor Schwab are PLICO is not responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A PLICO shall: :
(i) solicit voting instructions from Contractowners;
(ii) vote the Designated Portfolio(s) shares held in the Accounts in accordance with instructions received from Contractowners; and
(iii) vote Designated Portfolio shares held in the Accounts for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. PLICO reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (PLICO Variable Annuity Account S)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners Contract Owners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E C hereof. If requested by GWL&A in lieu thereof, the AdviserAdvisor, Distributor or Fund shall provide such documentation (including a camera-ready copy and of each Designated Portfolio's current prospectus as set in type, a computer diskette containing such information in the form sent to financial printer, or an electronic copy of the current prospectus documents in a format suitable for the Designated Portfolio(s)posting on an Internet website, as all GWL&A may reasonably request) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all ContractownersContract Owners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A may reasonably require to permit timely distribution thereof to ContractownersContract Owners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner Contract Owner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabGWL&A).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A may reasonably require to permit timely distribution thereof to ContractownersContract Owners as required by applicable law.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are is not responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A shall: (i) solicit voting instructions from Contractowners;Contract Owners; (ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contract Owners: and
Appears in 1 contract
Sources: Fund Participation Agreement (Sti Classic Variable Trust)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab Ohio National with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab Ohio National may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E D hereof. If requested by GWL&A Ohio National in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A Ohio National once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A Ohio National with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A Ohio National may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabOhio National).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab Ohio National with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A Ohio National may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab Ohio National provided in writing by that party, neither GWL&A nor Schwab are Ohio National shall not be responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A Ohio National shall: :
(i) solicit voting instructions from Contractowners;
(ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and
(iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. Ohio National reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. Ohio National shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by Ohio National and the Fund. The Fund agrees to promptly notify Ohio National of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the SEC may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Prudential Series Fund Inc)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FirstGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FirstGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FirstGWL&A in lieu thereof, the Adviser, Distributor Adviser or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FirstGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus prospectuses (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor Fund and/or the Adviser shall provide GWL&A FirstGWL&A with copies of the Fund's SAI or documentation docu- mentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor Adviser and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A FirstGWL&A or Schwab).
3.3. The Fund, Distributor Fund and/or the Adviser shall provide GWL&A FirstGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FirstGWL&A or Schwab provided in writing by that party, neither GWL&A FirstGWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor Fund or the Adviser, neither the Fund, the Distributor Fund nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FirstGWL&A shall: (i) solicit voting instructions from Contractowners;; (ii) vote the Designated Portfolio(s) shares in accordance with instructions received from Contractowners: and (iii)vote Designated Portfolio shares for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. FirstGWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. FirstGWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by FirstGWL&A and the Fund. The Fund agrees to promptly notify FirstGWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many printed copies of the Fund's current prospectus for the each Designated Portfolio(s) Portfolio as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereofContract owners. If requested by GWL&A in lieu thereof, the AdviserTrust, Distributor or Fund Adviser shall provide such documentation (including a camera-ready copy and computer of each Designated Portfolio's current prospectus as set in type, a diskette containing such documents in the form sent to the financial printer, or an electronic copy of the current prospectus documents in a format suitable for the Designated Portfolio(s)posting on an Internet website, all as GWL&A may reasonably request) and such other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the FundTrust's prospectus for the Designated Portfolio(s) printed together in one document. a single document or posted on a website maintained by or for GWL&A. The Fund Trust, Distributor, and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios Portfolios or series that may be in the Fund Trust unless required by law. Expenses associated with providing such documentation shall be allocated in accordance with Schedule D hereto.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund Trust be distributed to all ContractownersContract owners, then the FundTrust, Distributor and/or the Adviser Adviser, as appropriate, shall provide GWL&A with copies of the FundTrust's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereofD hereto, as GWL&A may reasonably require to permit timely distribution thereof to ContractownersContract owners. If requested by GWL&A, the Trust, Distributor or Adviser shall provide an electronic copy of the Trust SAI in a format suitable for posting on an Internet website maintained by or on behalf of GWL&A. The AdviserTrust, Distributor and/or the Fund Adviser, as appropriate, shall also provide SAIs to any Contractowner Contract owner or prospective owner who requests such SAI from the Fund Trust (although it is anticipated that such requests will be made to GWL&A or SchwabGWL&A).
3.3. The FundTrust, Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the FundTrust's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereofD hereto, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4Contract owners. It is understood If requested by GWL&A, the Trust, Distributor or Adviser shall provide an electronic copy of such documentation in a format suitable for posting on an Internet website maintained by or on behalf of GWL&A. The Trust, Distributor, and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by Adviser agree that party, neither GWL&A nor Schwab are responsible for the content of the prospectus or SAI foregoing materials for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or ) will describe only the Designated Portfolio(s) provided and will not name or describe any other Portfolios or series that may be in writing the Trust unless required by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contractslaw.
3.53.4. If and to the extent required by law GWL&A shall: :
(i) solicit voting instructions from ContractownersContract owners;
(ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contract owners; and
(iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contract owners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Trust shares held in its general account and in any segregated asset account in its own right, to the extent permitted by law.
3.5. Participating Insurance Companies shall be responsible for assuring that each of their separate accounts participating in a Designated Portfolio calculates voting privileges in a manner consistent with the standards set forth in the Mixed and Shared Funding Exemptive Order, provided however, that the Trust shall provide GWL&A and each Participating Insurance Company with a written copy of such standards and such other assistance as may be necessary to facilitate coordination between GWL&A and other Participating Insurance Companies in complying with such standards and provided further that GWL&A shall be free to vote Designated Portfolio shares attributable to the Account in any manner permitted by applicable law, to the extent the Mixed and Shared Funding Order is superseded by SEC or administrative practice (including no-action relief).
3.6. The Trust will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Trust will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Trust currently intends, comply with Section 16(c) of the 1940 Act (although the Trust is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Trust will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Participation Agreement (Coli Vul 2 Series Account)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FirstGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FirstGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FirstGWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FirstGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus prospectuses (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all existing and prospective Contractowners, then the Fund, Distributor Fund and/or the Adviser Distributor shall provide GWL&A FirstGWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to said Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A FirstGWL&A or Schwab).
3.3. The Fund, Fund and/or the Distributor and/or Adviser shall provide GWL&A FirstGWL&A and Schwab with copies of the FundDesignated Portfolio's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FirstGWL&A or Schwab provided in writing by that party, neither GWL&A FirstGWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FirstGWL&A shall: (i) solicit voting instructions from Contractowners;; (ii) vote the Designated Portfolio(s) shares in accordance with instructions received from Contractowners: and (iii)vote Designated Portfolio shares for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. FirstGWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. FirstGWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and as agreed to by FirstGWL&A and the Fund. The Fund agrees to promptly notify FirstGWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Fund or the Adviser or Distributor shall provide GWL&A FirstGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FirstGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FirstGWL&A in lieu thereof, the Adviser, Distributor Adviser or Fund shall provide such documentation (including a camera-ready copy and and/or computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FirstGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus prospectuses (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor Fund and/or the Adviser shall provide GWL&A FirstGWL&A with copies of the Fund's SAI or documentation docu- mentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor Adviser and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A FirstGWL&A or Schwab).
3.3. The Fund, Distributor Fund and/or the Adviser shall provide GWL&A FirstGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FirstGWL&A or Schwab provided in writing by that party, neither GWL&A FirstGWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor Fund or the Adviser, neither the Fund, the Distributor Fund nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FirstGWL&A shall: (i) solicit voting instructions from Contractowners;; (ii) vote the Designated Portfolio(s) shares in accordance with instructions received from Contractowners: and (iii)vote Designated Portfolio shares for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. FirstGWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. FirstGWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by FirstGWL&A and the Fund. The Fund agrees to promptly notify FirstGWL&A of any changes of interpretations or amendments of the Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto. The Fund reserves the right, upon 45 days prior written notice to FirstGWL&A and Schwab, to take all actions including but not limited to the dissolution, merger, and sale of all assets of the Fund or any Designated Portfolio upon the sole authorization of the Board, acting in good faith and in light of their fiduciary duties under the 1940 Act and to the extent permitted by the laws of the Commonwealth of Massachusetts and the 1940 Act.
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E B hereof. If requested by GWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and arid will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, hereof as GWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or Schwab).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, hereof as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI ▇▇▇ for the Contracts.
3.5. If and to the extent required by law (GWL&A shall: :
(i) solicit voting instructions from Contractowners;
(ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and
(iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. GWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by GWL&A and the Fund. The Fund agrees to promptly notify GWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the SEC may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Prudential Series Fund Inc)
Prospectuses and Proxy Statements; Voting. 3.1. At least annuallyAnnually, or more often, should an amended prospectus be filed within 12 months of its predecessor, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's ’s current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E D hereof. If requested by GWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's ’s prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("“SAI"”) for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's ’s SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabGWL&A).
3.3. The Fund, . Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's ’s proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither . GWL&A nor Schwab are is not responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A shall: :
(i) solicit voting instructions from Contractowners;
(ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and
(iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law and the Mixed and Shared Funding Exemptive Order.
3.6. GWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges and the Fund shall provide GWL&A with appropriate assistance in fulfilling such responsibility. The Fund agrees to promptly notify GWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or. as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC’s interpretation of the requirements of Section 16(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Coli Vul 2 Series Account)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FirstGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FirstGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), ) with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FirstGWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FirstGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree Distributor agrees that the prospectus prospectuses (but not the SAI) (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A FirstGWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A FirstGWL&A or Schwab).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A FirstGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FirstGWL&A or Schwab provided in writing by that party, neither GWL&A FirstGWL&A nor Schwab are is responsible for the content of the prospectus or SAI for the Designated Portfolio(s). (All references hereinafter to "prospectus" whether in respect of Contracts or Fund shares, shall be deemed to include the related SAI, unless otherwise specifically noted.) It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are is responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FirstGWL&A shall: (i) solicit voting instructions from Contractowners;; (ii) vote the Designated Portfolio(s) shares in accordance with instructions received from Contractowners: and (iii) vote Designated Portfolio shares for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. FirstGWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. FirstGWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges in a manner consistent with all other separate accounts investing in the Designated Portfolio(s). The Adviser agrees to promptly notify FirstGWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders.
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E D hereof. If requested by GWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's SAI or documentation documenta tion thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabGWL&A).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are is not responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A shall: (i) solicit voting instructions from Contractowners;; (ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and (iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. GWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by GWL&A and the Fund. The Fund agrees to promptly notify GWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Coli Vul 2 Series Account)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FirstGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FirstGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FirstGWL&A in lieu thereof, the Adviser, Distributor Adviser or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FirstGWL&A once each year (or more frequently fre- quently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor Fund and/or the Adviser shall provide GWL&A FirstGWL&A with copies of the Fund's SAI or documentation docu- mentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor Adviser and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A FirstGWL&A or Schwab).
3.3. The Fund, Distributor Fund and/or the Adviser shall provide GWL&A FirstGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FirstGWL&A or Schwab provided in writing by that party, neither GWL&A FirstGWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor Fund or the Adviser, neither the Fund, the Distributor Fund nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FirstGWL&A shall: (i) solicit voting instructions from Contractowners;; (ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and (iii)vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. FirstGWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. FirstGWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by FirstGWL&A and the Fund. The Fund agrees to promptly notify FirstGWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annuallyAnnually, or more often, should an amended prospectus be filed within 12 months of its predecessor, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's ’s current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E D hereof. If requested by GWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's ’s prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("“SAI"”) for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's ’s SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabGWL&A).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's ’s proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are is not responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A shall: :
(i) solicit voting instructions from Contractowners;
(ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and
(iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law and the Mixed and Shared Funding Exemptive Order.
3.6. GWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges and the Fund shall provide GWL&A with appropriate assistance in fulfilling such responsibility. The Fund agrees to promptly notify GWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC’s interpretation of the requirements of Section 16(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Coli Vul 2 Series Account)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FirstGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FirstGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FirstGWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FirstGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus prospectuses (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor Fund and/or the Adviser Distributor shall provide GWL&A FirstGWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A FirstGWL&A or Schwab).
3.3. The Fund, Fund and/or the Distributor and/or Adviser shall provide GWL&A FirstGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FirstGWL&A or Schwab provided in writing by that party, neither GWL&A FirstGWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FirstGWL&A shall: (i) solicit voting instructions from Contractowners;; (ii) vote the Designated Portfolio(s) shares in accordance with instructions received from Contractowners: and (iii)vote Designated Portfolio shares for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners.
3.6. FirstGWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by FirstGWL&A and the Fund. The Fund agrees to promptly notify FirstGWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
3.8. To the extent allowed under applicable federal and state law, neither FirstGWL&A nor Schwab shall in any way recommend or oppose or interfere with the solicitation of proxies for Fund shares held by the Account on behalf of Contractowners without the prior written consent of the Fund, which consent may be withheld in the Fund's sole discretion. Neither FirstGWL&A nor Schwab will initiate or solicit Contractowners to initiate any proxy solicitation except to the extent that the failure by FirstGWL&A or Schwab to so initiate or solicit would, under the circumstances, be in contravention with applicable federal or state law.
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Fund or the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A in lieu thereof, the Adviser, Distributor Adviser or Fund shall provide such documentation (including a camera-ready copy and computer diskette and/or disk copy of the current prospectus for the Designated Portfolio(s)) also need pdf format for digital prospectus) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses prospectus for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts any Unaffiliated Funds and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus prospectuses (and semi-annual and annual reports) for the Designated Portfolio(s) will describe described only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor Fund and/or the Adviser shall provide GWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) Portfolios in such quantities, quantities and/or with expenses to be borne in accordance with Schedule E hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or Schwab).
3.3. The Fund, Distributor Fund and/or the Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A may reasonably require request to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A shall: (i) solicit voting instructions from Contractowners;
Appears in 1 contract
Sources: Fund Participation Agreement (Steinroe Variable Investment Trust)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Fund or the Adviser or Distributor shall provide GWL&A First Transamerica and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A First Transamerica and Schwab may reasonably request for marketing purposes (including distribution to Contractowners Contract owners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A First Transamerica in lieu thereof, the Adviser, Distributor Adviser or Fund shall provide such documentation (including a camera-ready final copy and computer diskette of the current new prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A First Transamerica once each year (or more frequently if the prospectuses prospectus for the Designated Portfolio(s) Portfolio are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (prospectus, and semi-semi- annual and annual reports) reports for the Designated Portfolio(s) provided pursuant to this Section 3.1 will describe described only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal Federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all ContractownersContract purchasers, then the Fund, Distributor and/or Adviser or the Adviser Fund shall provide GWL&A First Transamerica with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, quantities and/or with expenses to be borne in accordance with Schedule E F hereof, .
3.3. The Fund or the Adviser shall provide First Transamerica and Schwab with as GWL&A many copies of the Fund's SAI as each of them may reasonably require to permit timely distribution thereof to Contractownersrequest. The Adviser, Distributor and/or Fund or the Fund Adviser shall also provide SAIs such SAI to any Contractowner owner of a Contract or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or Schwab).
3.33.4. The Fund, Distributor and/or Adviser Fund shall provide GWL&A and Schwab First Transamerica with copies of the Fund's its prospectus, SAI, proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, quantity as GWL&A may First Transamerica shall reasonably require for distributing to permit timely distribution thereof to ContractownersContract owners.
3.43.5. It is understood and agreed that, except with respect to information regarding GWL&A First Transamerica or Schwab provided in writing by that party, neither GWL&A First Transamerica nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor Fund or the Adviser, neither the Fund, the Distributor Fund nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.53.6. If and to the extent required by law GWL&A law, First Transamerica shall: :
(i) solicit voting instructions from ContractownersContract owners;
(ii) vote the Designated Portfolio shares in accordance with instructions from Contract owners; and (iii) vote Designated Portfolio shares for which no instructions have been received in the same proportion as Designated Portfolio shares for instructions have been received from Contract owners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. First Transamerica reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.7. Participating Insurance Companies shall be responsible for assuring that each of their separate accounts holding shares of a Designated Portfolio calculates voting privileges in the manner required by the Shared Funding Exemptive Order. First Transamerica's procedures currently are in compliance with such requirements, as described in Schedule G. The Fund agrees to promptly notify First Transamerica of any changes of interpretations or amendments of the Shared Funding Exemptive Order.
3.8. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto. The Fund reserves the right, upon 45 days prior written notice to First Transamerica and Schwab, to take all actions, including but not limited to, the dissolution, merger, and sale of all assets of the Fund or any Designated Portfolio upon the sole authorization of the Board, to the extent permitted by the laws of The Commonwealth of Massachusetts and the 1940 Act.
Appears in 1 contract
Sources: Participation Agreement (Steinroe Variable Investment Trust)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FirstGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FirstGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FirstGWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FirstGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus prospectuses (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor Fund and/or the Adviser Distributor shall provide GWL&A FirstGWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A FirstGWL&A or Schwab).
3.3. The Fund, Fund and/or the Distributor and/or Adviser shall provide GWL&A FirstGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FirstGWL&A or Schwab provided in writing by that party, neither GWL&A FirstGWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FirstGWL&A shall: (i) solicit voting instructions from Contractowners;; (ii) vote the Designated Portfolio(s) shares in accordance with instructions received from Contractowners: and (iii)vote Designated Portfolio shares for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. FirstGWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. FirstGWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as agreed to by FirstGWL&A and the Fund. The Fund agrees to promptly notify FirstGWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At If applicable state or federal laws or regulations require that prospectuses for the Fund be distributed to all Contract owners, then at least annually, the Adviser or Distributor shall provide GWL&A and Schwab PLICO with as many copies of the Fund's ’s current prospectus for the Designated Portfolio(s) as GWL&A and Schwab PLICO may reasonably request for marketing purposes (including distribution to Contractowners Contract owners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. C. If requested by GWL&A PLICO in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A PLICO once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's ’s prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that in the future, PLICO may request that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund Fund, unless required by law.. Should PLICO determine that they will make the prospectuses available in an electronic format, the Fund, Adviser or Distributor, as applicable agree to assist PLICO in obtaining the required information from ▇▇▇▇▇ and the expenses associated with this form of distribution will be borne in accordance with Schedule C.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("“SAI"”) for the Fund be distributed to all ContractownersContract owners, then the Fund, Distributor and/or the Adviser shall provide GWL&A PLICO with copies of the Fund's ’s SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereofC, as GWL&A PLICO may reasonably require to permit timely distribution thereof to ContractownersContract owners. The Adviser, Distributor Adviser and/or the Fund shall also provide SAIs to any Contractowner Contract owner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabPLICO).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab PLICO with copies of the Fund's ’s proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereofC, as GWL&A PLICO may reasonably require to permit timely distribution thereof to ContractownersContract owners, as required by law.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab PLICO provided in writing by that partyPLICO, neither GWL&A nor Schwab are it is not responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. The Fund hereby notifies PLICO that it may be appropriate to include in the prospectus pursuant to which a Contract is offered disclosure regarding the potential risks of mixed and shared funding.
3.6. If and to the extent required by law GWL&A law, PLICO shall: :
(i) solicit voting instructions from ContractownersContract owners;
(ii) vote the Designated Portfolio(s) shares held in the Accounts in accordance with instructions received from Contract owners; and
(iii) vote Designated Portfolio shares held in the Accounts for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contract owners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. PLICO reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
Appears in 1 contract
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FirstGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FirstGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FirstGWL&A in lieu thereof, the Adviser, Distributor Adviser or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FirstGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus prospectuses (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor Fund and/or the Adviser shall provide GWL&A FirstGWL&A with copies of the Fund's SAI or documentation docu- mentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or Schwab).
3.3. The Fund, Distributor Fund and/or the Adviser shall provide GWL&A FirstGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. FirstGWL&A and Schwab assume sole responsibility for ensuring that the materials provided by the Fund in accordance with Sections 3.1 through 3.3 are delivered to Contractowners and prospective Contractowners in accordance with applicable federal and state securities laws and applicable insurance law.
3.5. It is understood and agreed that, except with respect to information regarding GWL&A FirstGWL&A or Schwab provided in writing by that party, neither GWL&A FirstGWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor Fund or the Adviser, neither the Fund, the Distributor Fund nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.53.6. If and to the extent required by law GWL&A FirstGWL&A shall: (i) solicit voting instructions from Contractowners;; (ii) vote the Designated Portfolio(s) shares in accordance with instructions received from Contractowners: and (iii)vote Designated Portfolio shares for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. FirstGWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.7. FirstGWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by the Fund and FirstGWL&A. The Fund agrees to promptly notify FirstGWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.8. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
3.9. FirstGWL&A and Schwab shall in no way recommend or oppose or interfere with the solicitation of proxies for Fund shares held by Contractowners without the prior written consent of the Fund, which consent may be withheld in the Fund's sole discretion. Neither FirstGWL&A nor Schwab will initiate or solicit Contractowners to initiate any proxy solicitation except to the extent that the failure by FirstGWL&A or Schwab to so initiate or solicit would under the circumstances, be in contravention with applicable federal or state law.
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantitiesquanti- ties, with expenses to be borne in accordance with Schedule E hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or Schwab).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders stock- holders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A shall: :
(i) solicit voting instructions from Contractowners;
(ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and
(iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. GWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by GWL&A and the Fund. The Fund agrees to promptly notify GWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order. GWL&A shall fulfill its obligations under, and abide by the terms of, the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Berger Institutional Products Trust)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many printed copies of the Fund's current prospectus for the each Designated Portfolio(s) Portfolio as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereofContract owners. If requested by GWL&A or Schwab in lieu thereof, the AdviserFund, Distributor or Fund Adviser shall provide such documentation (including a camera-ready copy and computer of each Designated Portfolio's current prospectus as set in type, a diskette containing such documents in the form sent to the financial printer, or an electronic copy of the current prospectus documents in a format suitable for the Designated Portfolio(s)posting on an Internet website, all as GWL&A and Schwab may reasonably request) and such other assistance as is reasonably necessary in order for GWL&A and Schwab once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one documenta single document or posted on a website maintained by or for GWL&A or Schwab. The Fund Fund, Distributor, and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios Portfolios or series that may be in the Fund unless required by law. Expenses associated with providing such documentation shall be allocated in accordance with Schedule E hereto.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all ContractownersContract owners, then the Fund, Distributor and/or the Adviser Adviser, as appropriate, shall provide GWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereofhereto, as GWL&A may reasonably require to permit timely distribution thereof to ContractownersContract owners. If requested by GWL&A or Schwab, the Fund, Distributor or Adviser shall provide an electronic copy of the Fund SAI in a format suitable for posting on an Internet website maintained by or on behalf of GWL&A and/or Schwab. The AdviserFund, Distributor and/or the Fund Adviser, as appropriate, shall also provide SAIs to any Contractowner Contract owner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or Schwab).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereofhereto, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4Contract owners. It is understood and agreed that, except with respect to information regarding If requested by GWL&A or Schwab provided Schwab, the Fund, Distributor or Adviser shall provide an electronic copy of such documentation in writing a format suitable for posting on an Internet website maintained by or on behalf of GWL&A and/or Schwab. The Fund, Distributor, and Adviser agree that party, neither GWL&A nor Schwab are responsible for the content of the prospectus or SAI foregoing materials for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or ) will describe only the Designated Portfolio(s) provided and will not name or describe any other Portfolios or series that may be in writing the Fund unless required by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contractslaw.
3.53.4. If and to the extent required by law GWL&A shall: :
(i) solicit voting instructions from Contractowners;Contract owners; (ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contract owners; and (iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contract owners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Fund shares held in its general account and in any segregated asset account in its own right, to the extent permitted by law.
3.5. Participating Insurance Companies shall be responsible for assuring that each of their separate accounts participating in a Designated Portfolio calculates voting privileges in a manner consistent with the standards set forth in the Mixed and Shared Funding Exemptive Order, provided however, that the Fund shall provide GWL&A and each Participating Insurance Company with a written copy of such standards and such other assistance as may be necessary to facilitate coordination between GWL&A and other Participating Insurance Companies in complying with such standards and provided further that GWL&A shall be free to vote Designated Portfolio shares attributable to the Account in any manner permitted by applicable law, to the extent the Mixed and Shared Funding Order is superseded by SEC or administrative practice (including no-action relief).
3.6. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity 1 Series Account)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FGWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A FGWL&A with copies of the Fund's SAI or documentation documen-tation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A FGWL&A or Schwab).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A FGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FGWL&A or Schwab provided in writing by that party, neither GWL&A FGWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FGWL&A shall: (i) solicit voting instructions from Contractowners;
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FGWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A FGWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A FGWL&A or Schwab).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A FGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FGWL&A or Schwab provided in writing by that party, neither GWL&A FGWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FGWL&A shall: (i) solicit voting instructions from Contractowners;
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such such. requests will be made to GWL&A or Schwab).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Designated. Portfolio(s). It is also understood and agreed a reed that, except with respect to information i▇▇▇▇mation regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A shall: :
(i) solicit voting instructions from Contractowners;
(ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and
(iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. GWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by GWL&A and the Fund. The Fund agrees to promptly notify GWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity 1 Series Account)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FirstGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FirstGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FirstGWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FirstGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A FirstGWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A FirstGWL&A or Schwab).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A FirstGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FirstGWL&A or Schwab provided in writing by that party, neither GWL&A FirstGWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FirstGWL&A shall: (i) solicit voting instructions from Contractowners;; (ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and (iii)vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. FirstGWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. FirstGWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by FirstGWL&A and the Fund. The Fund agrees to promptly notify FirstGWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order. FirstGWL&A shall fulfill its obligations under, and abide by the terms of, the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners Contract Owners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E C hereof. If requested by GWL&A in lieu thereof, the AdviserAdvisor, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all ContractownersContract Owners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A may reasonably require to permit timely distribution thereof to ContractownersContract Owners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner Contract Owner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabGWL&A).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A may reasonably require to permit timely distribution thereof to ContractownersContract Owners as required by applicable law.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are is not responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A shall: :
(i) solicit voting instructions from ContractownersContract Owners;
(ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contract Owners: and
(iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contract Owners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. GWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio votes shares in a manner that is consistent with the Mixed and Shared Funding Exemptive Order. The Fund agrees to promptly notify GWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Coli Vul 2 Series Account)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners Contract Owners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E C hereof. If requested by GWL&A in lieu thereof, the AdviserAdvisor, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all ContractownersContract Owners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A may reasonably require to permit timely distribution thereof to ContractownersContract Owners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner Contract Owner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabGWL&A).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A may reasonably require to permit timely distribution thereof to ContractownersContract Owners as required by applicable law.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are is not responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A shall: (i) solicit voting instructions from Contractowners;Contract Owners; (ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contract Owners: and (iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contract Owners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. GWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by GWL&A and the Fund. The Fund agrees to promptly notify GWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Coli Vul 2 Series Account)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E D hereof. If requested by GWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabGWL&A).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are is not responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A shall: (i) solicit voting instructions from Contractowners;
Appears in 1 contract
Sources: Participation Agreement (Invesco Variable Investment Funds Inc)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FirstGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FirstGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FirstGWL&A in lieu thereof, the Adviser, Distributor Adviser or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FirstGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus prospectuses (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless unless, in the reasonable judgment of the Fund's counsel, such disclosure is required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor Fund and/or the Adviser shall provide GWL&A FirstGWL&A with copies of the Fund's SAI or documentation docu- mentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor SAIs may name or describe portfolios or series other than the Designated Portfolio(s) that may be in the Fund. The Adviser and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A FirstGWL&A or Schwab).
3.3. The Fund, Distributor Fund and/or the Adviser shall provide GWL&A FirstGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FirstGWL&A or Schwab provided in writing by that party, neither GWL&A FirstGWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor Fund or the Adviser, neither the Fund, the Distributor Fund nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FirstGWL&A shall: (i) solicit voting instructions from Contractowners;; (ii) vote the Designated Portfolio(s) shares in accordance with instructions received from Contractowners: and (iii)vote Designated Portfolio shares for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. FirstGWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. FirstGWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by FirstGWL&A and the Fund. The Fund agrees to promptly notify FirstGWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab FirstGWL&A with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FirstGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FirstGWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-camera- ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FirstGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus prospectuses (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor Fund and/or the Adviser Distributor shall provide GWL&A FirstGWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabFirstGWL&A).
3.3. The Fund, Fund and/or the Distributor and/or Adviser shall provide GWL&A and Schwab FirstGWL&A with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FirstGWL&A or Schwab provided in writing by that partyparty and except as provided in the Distribution Agreement dated March 29, 1994 between Schwab and the Fund, neither GWL&A FirstGWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FirstGWL&A shall: (i) solicit voting instructions from Contractowners;; (ii) vote the Designated Portfolio(s) shares in accordance with instructions received from Contractowners: and (iii)vote Designated Portfolio shares for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. FirstGWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. FirstGWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by FirstGWL&A and the Fund. The Fund agrees to promptly notify FirstGWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners Contract Owners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E C hereof. If requested by GWL&A in lieu thereof, the AdviserAdvisor, Distributor or Fund shall provide such documentation (including a camera-ready copy and of each Designated Portfolio's current prospectus as set in type, a computer diskette containing such information in the form sent to financial printer, or an electronic copy of the current prospectus documents in a format suitable for the Designated Portfolio(s)posting on an Internet website, all as GWL&A may reasonably request) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all ContractownersContract Owners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A may reasonably require to permit timely distribution thereof to ContractownersContract Owners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner Contract Owner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabGWL&A).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A may reasonably require to permit timely distribution thereof to ContractownersContract Owners as required by applicable law.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are is not responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A shall: :
(i) solicit voting instructions from ContractownersContract Owners;
(ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contract Owners: and
(iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contract Owners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Fund shares held in its general account and any segregated asset account in its own right, to the extent permitted by law.
3.6. GWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by GWL&A and the Fund. The Fund agrees to promptly notify GWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Coli Vul 2 Series Account)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab GIAC with as many copies of the Fund's ’s current prospectus for the Designated Portfolio(s) as GWL&A and Schwab GIAC may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E C hereof. If requested by GWL&A GIAC in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A GIAC once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's ’s prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("“SAI"”) for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A GIAC with copies of the Fund's ’s SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A GIAC may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or Schwab)Fund.
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab GIAC with copies of the Fund's ’s proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A GIAC may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab GIAC provided in writing by that party, neither GWL&A nor Schwab are GIAC shall not be responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A GIAC shall: :
(i) solicit voting instructions from Contractowners;
(ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and
(iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GIAC reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. GIAC shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by GIAC and the Fund. The Fund agrees to promptly notify GIAC of any changes of interpretations or amendments of the Mixed and
Appears in 1 contract
Sources: Fund Participation Agreement (Guardian Separate Account E)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E D hereof. If requested by GWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabGWL&A).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are is not responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A shall: (i) solicit voting instructions from Contractowners;; (ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and (iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. GWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by GWL&A and the Fund. The Fund agrees to promptly notify GWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Agreement (Futurefunds Series Account of Great West Life & Ann Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FGWL&A in lieu thereof, the Adviser, . Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, . Distributor and/or the Adviser shall provide GWL&A FGWL&A with copies of the Fund's SAI ▇▇▇ or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E F hereof, as GWL&A FGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, . Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI ▇▇▇ from the Fund (although it is anticipated that such requests will be made to GWL&A FGWL&A or Schwab).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A FGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications cornmunications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FGWL&A or Schwab provided in writing by that party, neither GWL&A FG~'L&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, . the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FGWL&A shall: :
(i) solicit voting instructions from Contractowners;: (ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and
Appears in 1 contract
Sources: Fund Participation Agreement (Prudential Series Fund Inc)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FGWL&A and Schwab with as many printed copies of the Fund's current prospectus for the each Designated Portfolio(s) Portfolio as GWL&A FGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereofContract owners. If requested by GWL&A FGWL&A or Schwab in lieu thereof, the AdviserFund, Distributor or Fund Adviser shall provide such documentation (including a camera-ready copy and computer of each Designated Portfolio's current prospectus as set in type, a diskette containing such documents in the form sent to the financial printer, or an electronic copy of the current prospectus documents in a format suitable for the Designated Portfolio(s)posting on an Internet website, all as FGWL&A and Schwab may reasonably request) and such other assistance as is reasonably necessary in order for GWL&A FGWL&A and Schwab once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one documenta single document or posted on a website maintained by or for FGWL&A or Schwab. The Fund Fund, Distributor, and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios Portfolios or series that may be in the Fund unless required by law. Expenses associated with providing such documentation shall be allocated in accordance with Schedule E hereto.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI"SAT) for the Fund be distributed to all ContractownersContract owners, then the Fund, Distributor and/or the Adviser Adviser, as appropriate, shall provide GWL&A FGWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereofhereto, as GWL&A FGWL&A may reasonably require to permit timely distribution thereof to ContractownersContract owners. If requested by FGWL&A or Schwab, the Fund, Distributor or Adviser shall provide an electronic copy of the Fund SAI in a format suitable for posting on an Internet website maintained by or on behalf of FGWL&A and/or Schwab. The AdviserFund, Distributor and/or the Fund Adviser, as appropriate, shall also provide SAIs to any Contractowner Contract owner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A FGWL&A or Schwab).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A FGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereofhereto, as GWL&A FGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4Contract owners. It is understood If requested by FGWL&A or Schwab, the Fund, Distributor or Adviser shall provide an electronic copy of such documentation in a format suitable for posting on an Internet website maintained by or on behalf of FGWL&A and/or Schwab. The Fund, Distributor, and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by Adviser agree that party, neither GWL&A nor Schwab are responsible for the content of the prospectus or SAI foregoing materials for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or ) will describe only the Designated Portfolio(s) provided and will not name or describe any other Portfolios or series that may be in writing the Fund unless required by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contractslaw.
3.53.4. If and to the extent required by law GWL&A FGWL&A shall: :
(i) solicit voting instructions from ContractownersContract owners;
(ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contract owners; and
(iii) vote Designated Portfolio shares held in the Account for which no instruction have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contract owners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. FGWL&A reserves the right to vote Fund shares held in its general account and in any segregated asset account in its own right, to the extent permitted by law.
3.5. Participating Insurance Companies shall be responsible for assuring that each of their separate accounts participating in a Designated Portfolio calculates voting privileges in a manner consistent with the standards set forth in the Mixed and Shared Funding Exemptive Order, provided however, that the Fund shall provide FGWL&A and each Participating Insurance Company with a written copy of such standards and such other assistance as may be necessary to facilitate coordination between FGWL&A and other Participaimg Insurance Companies in complying with such standards and provided further that FGWL&A shall be free to vote Designated Portfolio shares attributable to the Account in any manner permitted by applicable law, to the extent the Mixed and Shared Funding Order is superseded by SEC or administrative practice (including no-action relief).
3.6. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FirstGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FirstGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FirstGWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FirstGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A FirstGWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A FirstGWL&A or Schwab).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A FirstGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FirstGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FirstGWL&A or Schwab provided in writing by that party, neither GWL&A FirstGWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FirstGWL&A shall: (i) solicit voting instructions from Contractowners;; (ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and (iii)vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. FirstGWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. FirstGWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by FirstGWL&A and the Fund. The Fund agrees to promptly notify FirstGWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders. Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the Commission may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E C hereof. If requested by GWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree Distributor agrees that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabGWL&A).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are is not responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A shall: :
(i) solicit voting instructions from Contractowners;
(ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and
(iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. GWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by GWL&A and the Fund.
3.7. The Distributor represents and warrants that the Fund will comply with all provisions of the 1940 Act requiring voting by shareholders.
Appears in 1 contract
Sources: Fund Participation Agreement (Futurefunds Series Account of Great West Life & Ann Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners Contract Owners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E C hereof. If requested by GWL&A in lieu thereof, the Adviser, Distributor Advisor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all ContractownersContract Owners, then the Fund, Distributor Fund and/or the Adviser shall provide GWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A may reasonably require to permit timely distribution thereof to ContractownersContract Owners. The Adviser, Distributor Adviser and/or the Fund shall also provide SAIs to any Contractowner Contract Owner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A). GWL&A shall promptly provide the Fund SAI to any Contract Owner or Schwab).prospective owner who requests such SAI from GWL&A.
3.3. The Fund, Distributor Fund and/or Adviser shall provide GWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A may reasonably require to permit timely distribution thereof to ContractownersContract Owners as required by applicable law.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are is not responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor Fund or the Adviser, neither the Fund, nor the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A shall: :
(i) solicit voting instructions from ContractownersContract Owners;
(ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contract Owners: and
(iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contract Owners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. GWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by GWL&A and the Fund. The Fund agrees to promptly notify GWL&A of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders and holding of shareholder meetings.
Appears in 1 contract
Sources: Fund Participation Agreement (Coli Vul 2 Series Account)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FGWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one documentdocument if requested on a timely basis. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A FGWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A FGWL&A or Schwab).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A FGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) ), if any, in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FGWL&A or Schwab provided in writing by that party, neither GWL&A FGWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FGWL&A shall: (i) solicit voting instructions from Contractowners;
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's ’s current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. D hereof If requested by GWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-camera ready copy and computer diskette of the current prospectus for the Designated Portfolio(sPortfolio( s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's ’s prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser Distributor agree that that, provided there are shareholders of a Designated Portfolio, the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) Portfolio will describe only the Designated Portfolio(s) Portfolio and will not name or describe any other portfolios or series that may be in the Fund Fund, unless required by law. In the event that there are no shareholders of a Designated Portfolio, the prospectus (and semi-annual and annual reports) for the Designated Portfolio shall continue to describe only the Designated Portfolio for so long as the Fund and the Distributor deem reasonable.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI"“S▇▇”) for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's SAI ’s S▇▇ or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs SAls to any Contractowner or prospective owner who requests such SAI S▇▇ from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabGWL&A).
3.3. The Fund, Distributor and/or Adviser Fund shall provide GWL&A and Schwab with copies of the Fund's ’s proxy material, reports to stockholders shareholders and other communications to stockholders shareholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are is not responsible for the content of the prospectus or SAI S▇▇ for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor Distributor, nor the Adviser are is responsible for the content of the prospectus or SAI S▇▇ for the Contracts.
3.5. If and to the extent required by law GWL&A shall: :
(i) solicit voting instructions from Contractowners;
(ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and
(iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. GWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by GWL&A and the
Appears in 1 contract
Sources: Fund Participation Agreement (Futurefunds Series Account of Great West Life & Ann Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab Allianz with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A and Schwab Allianz may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E C hereof. If requested by GWL&A Allianz in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A Allianz once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A Allianz with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A Allianz may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabAllianz).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A and Schwab Allianz with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E C hereof, as GWL&A Allianz may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab Allianz provided in writing by that party, neither GWL&A nor Schwab are Allianz shall not be responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A Allianz shall: :
(i) solicit voting instructions from Contractowners;; (ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and (iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. Allianz reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. Allianz shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by Allianz and the Fund. The Fund agrees to promptly notify Allianz of any changes of interpretations or amendments of the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders, and in particular the Fund will either provide for annual meetings (except insofar as the SEC may interpret Section 16 of the 1940 Act not to require such meetings) or, as the Fund currently intends, comply with Section 16(c) of the 1940 Act (although the Fund is not one of the trusts described in Section 16(c) of that Act) as well as with Sections 16(a) and, if and when applicable, 16(b). Further, the Fund will act in accordance with the SEC's interpretation of the requirements of Section 16
(a) with respect to periodic elections of directors or trustees and with whatever rules the SEC may promulgate with respect thereto.
Appears in 1 contract
Sources: Fund Participation Agreement (Allianz Life Variable Account B)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A FIRSTGWL&A and Schwab with as many copies of the Fund's current prospectus for the Designated Portfolio(s) as GWL&A FIRSTGWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. If requested by GWL&A FIRSTGWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-ready copy and computer diskette of the current prospectus for the Designated Portfolio(s)) and other assistance as is reasonably necessary in order for GWL&A FIRSTGWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser agree that the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) will describe only the Designated Portfolio(s) and will not name or describe any other portfolios or series that may be in the Fund unless required by law.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI") for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A FIRSTGWL&A with copies of the Fund's SAI or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FIRSTGWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs to any Contractowner or prospective owner who requests such SAI from the Fund (although it is anticipated that such requests will be made to GWL&A FIRSTGWL&A or Schwab).
3.3. The Fund, Distributor and/or Adviser shall provide GWL&A FIRSTGWL&A and Schwab with copies of the Fund's proxy material, reports to stockholders and other communications to stockholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E hereof, as GWL&A FIRSTGWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A FIRSTGWL&A or Schwab provided in writing by that party, neither GWL&A FIRSTGWL&A nor Schwab are responsible for the content of the prospectus or SAI for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the FundFund or its Designated Portfolio(s), the Distributor, the Adviser Distributor or the Designated Portfolio(s) Adviser, respectively, provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor nor Adviser are responsible for the content of the prospectus or SAI for the Contracts.
3.5. If and to the extent required by law GWL&A FIRSTGWL&A shall: (i) solicit voting instructions from Contractowners;
Appears in 1 contract
Sources: Fund Participation Agreement (Variable Annuity I Ser Acc of Fir GRT West Li & Annu Ins Co)
Prospectuses and Proxy Statements; Voting. 3.1. At least annually, the Adviser or Distributor shall provide GWL&A and Schwab with as many copies of the Fund's ’s current prospectus for the Designated Portfolio(s) as GWL&A and Schwab may reasonably request for marketing purposes (including distribution to Contractowners with respect to new sales of a Contract), with expenses to be borne in accordance with Schedule E hereof. D hereof If requested by GWL&A in lieu thereof, the Adviser, Distributor or Fund shall provide such documentation (including a camera-camera ready copy and computer diskette of the current prospectus for the Designated Portfolio(sPortfolio( s)) and other assistance as is reasonably necessary in order for GWL&A once each year (or more frequently if the prospectuses for the Designated Portfolio(s) are amended) to have the prospectus for the Contracts and the Fund's ’s prospectus for the Designated Portfolio(s) printed together in one document. The Fund and Adviser Distributor agree that that, provided there are shareholders of a Designated Portfolio, the prospectus (and semi-annual and annual reports) for the Designated Portfolio(s) Portfolio will describe only the Designated Portfolio(s) Portfolio and will not name or describe any other portfolios or series that may be in the Fund Fund, unless required by law. In the event that there are no shareholders of a Designated Portfolio, the prospectus (and semi-annual and annual reports) for the Designated Portfolio shall continue to describe only the Designated Portfolio for so long as the Fund and the Distributor deem reasonable.
3.2. If applicable state or federal laws or regulations require that the Statement of Additional Information ("SAI"“▇▇▇”) for the Fund be distributed to all Contractowners, then the Fund, Distributor and/or the Adviser shall provide GWL&A with copies of the Fund's SAI ’s ▇▇▇ or documentation thereof for the Designated Portfolio(s) in such quantities, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners. The Adviser, Distributor and/or the Fund shall also provide SAIs SAls to any Contractowner or prospective owner who requests such SAI ▇▇▇ from the Fund (although it is anticipated that such requests will be made to GWL&A or SchwabGWL&A).
3.3. The Fund, Distributor and/or Adviser Fund shall provide GWL&A and Schwab with copies of the Fund's ’s proxy material, reports to stockholders shareholders and other communications to stockholders shareholders for the Designated Portfolio(s) in such quantity, with expenses to be borne in accordance with Schedule E D hereof, as GWL&A may reasonably require to permit timely distribution thereof to Contractowners.
3.4. It is understood and agreed that, except with respect to information regarding GWL&A or Schwab provided in writing by that party, neither GWL&A nor Schwab are is not responsible for the content of the prospectus or SAI ▇▇▇ for the Designated Portfolio(s). It is also understood and agreed that, except with respect to information regarding the Fund, the Distributor, the Adviser or the Designated Portfolio(s) provided in writing by the Fund, the Distributor or the Adviser, neither the Fund, the Distributor Distributor, nor the Adviser are is responsible for the content of the prospectus or SAI ▇▇▇ for the Contracts.
3.5. If and to the extent required by law GWL&A shall: :
(i) solicit voting instructions from Contractowners;
(ii) vote the Designated Portfolio(s) shares held in the Account in accordance with instructions received from Contractowners: and
(iii) vote Designated Portfolio shares held in the Account for which no instructions have been received in the same proportion as Designated Portfolio(s) shares for which instructions have been received from Contractowners, so long as and to the extent that the SEC continues to interpret the 1940 Act to require pass-through voting privileges for variable contract owners. GWL&A reserves the right to vote Fund shares held in any segregated asset account in its own right, to the extent permitted by law.
3.6. GWL&A shall be responsible for assuring that each of its separate accounts holding shares of a Designated Portfolio calculates voting privileges as directed by the Fund and agreed to by GWL&A and the Fund. The Fund agrees to promptly notify GWL&A of any changes in interpretations of or amendments to the Mixed and Shared Funding Exemptive Order.
3.7. The Fund will comply with all provisions of the 1940 Act requiring voting by shareholders.
Appears in 1 contract
Sources: Fund Participation Agreement (Futurefunds Series Account of Great West Life & Ann Ins Co)