Common use of Purchase and Redemption Procedures Clause in Contracts

Purchase and Redemption Procedures. (a) The Transfer Agent hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. (“Omnibus Accounts”). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a “Business Day”) prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent receives notice of such request by 8 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the “as of record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s 's affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Transfer Agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the Transfer Agent Fund receives notice of such request by 8 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. (b. If for any reason ▇▇▇▇▇▇▇ ▇▇▇▇▇ is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any SharesBusiness Day, Company and ▇▇▇▇▇▇▇ ▇▇▇▇▇ will notify the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process or its designee by 11:00 a.m. ET on the next following Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.Day

Appears in 1 contract

Sources: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s Company or its affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. (“Omnibus Accounts”). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange (the “Exchange”) is open for regular session trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a “Business Day”) by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Transfer Agent at the net asset value determined as of the close of trading Fund on that same Business Dayday, provided that the Transfer Agent Fund receives notice of such request by 8 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests requests, by 11 a.m. Eastern Time on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive such purchase and redemption requests from Company on behalf of the Account by 9:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S DCC&S platform (which utilizes the “as of of” record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan contract prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. If for any reason Company is unable to transmit the file(s) with respect to any Business Day, Company will notify the Transfer Agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Transfer Agent is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent will provide to the Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”)Accounts. (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent Fund is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds Portfolios in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the The Fund nor the Transfer Agent shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer AgentFund’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s 's affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Transfer Agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the Transfer Agent Fund receives notice of such request by 8 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. [To be confirmed with ▇▇▇▇▇▇ operations] Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. (b. If for any reason ▇▇▇▇▇▇▇ ▇▇▇▇▇ is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any SharesBusiness Day, Company and ▇▇▇▇▇▇▇ ▇▇▇▇▇ will notify the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process or its designee by 11:00 a.m. ET on the next following Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”)Day. (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. (“Omnibus Accounts”). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a “Business Day”) prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent receives notice of such request by 8 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the “as of of” record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. (b. If for any reason ▇▇▇▇▇▇▇ ▇▇▇▇▇ is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any SharesBusiness Day, Company and ▇▇▇▇▇▇▇ ▇▇▇▇▇ will notify the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process Transfer Agent or its designee by 10:00 a.m. Eastern Time on the next following Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”)Day. (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Generally, settlement will occur one business day following trade day. Underwriter hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Company’s Omnibus Accounts of Company’s affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. (“Omnibus Accounts”). Any such request (or relevant transactional information thereforthereof) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a “Business Day”) prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent Underwriter at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent Underwriter receives notice of such request by 8 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 9:30 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Underwriter or its designee via the NSCC Fund SERV DCC & S DCC&S platform (which utilizes the “as of record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. If for any reason the Company is unable to transmit the file(s) with respect to any Business Day, the Company will notify the Underwriter or its designee by 9:30 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent Fund of a purchase request for such Shares. For Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Funds effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent Fund will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent Fund is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b1.3 (b) of this Agreement), except that Underwriter, on behalf of the Fund Funds, reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund Funds as described in the then current prospectus. Neither the Underwriter nor Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; , the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s a Funds’ receipt of such request as set forth in Section 1.3(a1.3 (a) herein.

Appears in 1 contract

Sources: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Underwriter hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s 's affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Transfer Agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the Transfer Agent Fund receives notice of such request by 8 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. (b. If for any reason ▇▇▇▇▇▇▇ ▇▇▇▇▇ is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any SharesBusiness Day, Company and ▇▇▇▇▇▇▇ ▇▇▇▇▇ will notify the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process or its designee by 11:00 a.m. ET on the next following Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”)Day. (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. (“Omnibus Accounts”). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a “Business Day”) by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Transfer Agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the Transfer Agent Fund receives notice of such request by 8 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the “as of of” record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. (b. If for any reason ▇▇▇▇▇▇▇ ▇▇▇▇▇ is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any SharesBusiness Day, Company and ▇▇▇▇▇▇▇ ▇▇▇▇▇ will notify the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process or its designee by 11:00 a.m. ET on the next following Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”)Day. (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. (“Omnibus Accounts”). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a “Business Day”) by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Transfer Agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the Transfer Agent Fund receives notice of such request by 8 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the “as of record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. If for any reason Company or its affiliate is unable to transmit the file(s) with respect to any Business Day, Company or its affiliate will notify the Transfer Agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day and provided that Company or its affiliate notify the Transfer Agent or its designee, the value of such Shares shall be calculated at the net asset value determined as of the close of trading on that prior Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent Fund of a purchase request for such Shares. For Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent Fund or its designee will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment To the extent practicable, payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent Fund is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds Portfolios in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the The Fund nor the Transfer Agent shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer AgentFund’s receipt of such request as set forth in Section 1.3(a1.3 (a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Underwriter hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s 's affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. ("Omnibus Accounts"). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent Fund's transfer agent at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent transfer agent receives notice of such request by 8 9:30 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. (b) The . Except as provided above or in any other agreement between the parties, Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any Sharesnot be, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform nor hold itself out to the Company public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such actiontheir respective affiliates. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Funds hereby appoints appoint the Company as its an agent of the Funds for the limited purpose of receiving purchase and redemption requests on behalf of from the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. Under no circumstances will the Company change, alter or manipulate any instruction received by it in good order. All transactions in Account shares Shares shall be executed through the Omnibus Accounts of Company’s 's affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the a Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Transfer Agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the Transfer Agent Fund receives notice of such request by 8 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 9:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Funds or its their designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan Account prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. (b. If for any reason ▇▇▇▇▇▇▇ ▇▇▇▇▇ is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any SharesBusiness Day, Company and ▇▇▇▇▇▇▇ ▇▇▇▇▇ will notify the Fund will settle Funds or their designee by 9:00 a.m. ET on the next following Business Day. Each purchase and redemption order transmitted by the Company will constitute a representation by the Company that such order was based on instructions and Contract owner level transactions referred to herein, via that the NSCC Fund/SERV platform settlement process Company received and accepted as being in good order no later than the close of trading on the next prior Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions Day, and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash order included all instructions and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds Contract owner level transactions so received by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s 's affiliate Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Omnibus Accounts"). ▇▇▇▇▇▇▇ Lynch, Pierce, ▇t of any such re▇▇▇▇▇ & (or ▇▇▇▇▇, Inc. (“Omnibus Accounts”). Any such request (or relevant vant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Transfer Agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the Transfer Agent Fund receives notice of such request by 8 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 6:30 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. (b. If for any reason Merrill Lynch is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any Sharesa▇▇ ▇▇▇▇n▇▇▇ ▇ay, Company and Merrill Lynch will notify the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next or its designee by 9:00 a.m. E▇ ▇▇ ▇▇e ▇▇▇▇ following Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”)Day. (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Underwriter hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All .All transactions in Account shares shall be executed through the Company’s Omnibus Accounts of Company’s affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. (“Omnibus Accounts”). Any such request (or relevant transactional information thereforthereof) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a “Business Day”) prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent Underwriter at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent Underwriter receives notice of such request by 8 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 9:30 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Underwriter or its designee via the NSCC Fund SERV DCC & S DCC&S platform (which utilizes the “as of of” record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. If for any reason the Company is unable to transmit the file(s) with respect to any Business Day, the Company will notify the Underwriter or its designee by 9:30 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent Fund of a purchase request for such Shares. For Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Funds effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent Fund will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent Fund is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b1.3 (b) of this Agreement), except that Underwriter, on behalf of the Fund Funds, reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund Funds as described in the then current prospectus. Neither the Underwriter nor Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; , the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s a Funds’ receipt of such request as set forth in Section 1.3(a1.3 (a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Funds hereby appoints appoint the Company as its an agent of the Funds for the limited purpose of receiving purchase and redemption requests on behalf of from the Account (but not with respect to any Fund shares Shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. Under no circumstances will the Company change, alter or manipulate any instruction received by it in good order. All transactions in Account shares Shares shall be executed through the Omnibus Accounts of Company’s affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. (“MLPF&S”) (“Omnibus Accounts”). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a “Business Day”) prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent Fund or its transfer agent at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent Fund or its transfer agent receives notice of such request by 8 6:50 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests requests, by 11 11:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its transfer agent or its designee via the NSCC Fund Fund/SERV DCC & S DCC&S platform (which utilizes the “as of record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan Account prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. (b. If for any reason the Company or its affiliate is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any SharesBusiness Day, the Company and or its affiliate will notify the Fund will settle or its transfer agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day and provided that such notification is received the value of such Shares shall be calculated at the net asset value determined as of the close of trading on that prior Business Day. Such notification shall be by facsimile or phone (confirmed by facsimile), including all relevant information about the purchase or redemption order. Each purchase and redemption order transmitted by the Company will constitute a representation by the Company that such order was based on instructions and Contract owner level transactions referred to herein, via that the NSCC Fund/SERV platform settlement process Company received and accepted as being in good order no later than the close of trading on the next prior Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions Day, and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash order included all instructions and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds Contract owner level transactions so received by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares on behalf of the Accounts shall be executed through the Omnibus Accounts omnibus accounts of Company’s affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. (“Omnibus Accounts”). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (( a “Business Day”) prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent Fund or its designee at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent Fund or its designee receives notice of such request by 8 9:00 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 11:00 a.m. Eastern Time on the next following Business Day, provided Fund or its designee receives notice of any such issues by 9:30 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the “as of record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the FundsFund. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent Fund of a purchase request for such Shares. For Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of another Fund effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent Fund will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent Fund is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds another Fund in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the Fund’s then current prospectus. Neither the The Fund nor the Transfer Agent shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer AgentFund’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. (“Omnibus Accounts”). Any Accounts”).Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a “Business Day”) prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent receives notice of such request by 8 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive purchase and redemption requests from Company on behalf of the Account by 6:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the “as of record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. If for any reason ▇▇▇▇▇▇▇ ▇▇▇▇▇ is unable to transmit the file(s) with respect to any Business Day, ▇▇▇▇▇▇▇ ▇▇▇▇▇ will notify the Transfer Agent or its designee by 10:00 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 4:00 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Transfer Agent determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Funds effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Underwriter hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. (“Omnibus Accounts”). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a “Business Day”) prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent Fund’s transfer agent at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent transfer agent receives notice of such request by 8 9:30 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the “as of record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. (b) The . Except as provided above or in any other agreement between the parties, Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any Sharesnot be, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform nor hold itself out to the Company public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such actiontheir respective affiliates. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Underwriter hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. (“Omnibus Accounts”). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a “Business Day”) prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent Underwriter at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent Underwriter receives notice of such request by 8 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 9:30 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Underwriter or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the “as of of” record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. (b. If for any reason ▇▇▇▇▇▇▇ ▇▇▇▇▇ is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any SharesBusiness Day, Company and ▇▇▇▇▇▇▇ ▇▇▇▇▇ will notify the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process Underwriter or its designee by 9:30 a.m. Eastern Time on the next following Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”)Day. (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s 's affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. ("Omnibus Accounts”). Any Accounts").Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent receives notice of such request by 8 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive such purchase and redemption requests from Company on behalf of the Account by 6:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. If for any reason ▇▇▇▇▇▇▇ ▇▇▇▇▇ is unable to transmit the file(s) with respect to any Business Day, ▇▇▇▇▇▇▇ ▇▇▇▇▇ will notify the Transfer Agent or its designee by 10:00 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 4:00 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Transfer Agent determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Funds effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s 's affiliate’s 's proprietary Inventory Control System ("ICS"). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s 's general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s 's receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Funds hereby appoints appoint the Company as its an agent of the Funds for the limited purpose of receiving purchase and redemption requests on behalf of from the Account (but not with respect to any Fund shares Shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. Under no circumstances will the Company change, alter or manipulate any instruction received by it in good order. All transactions in Account shares Shares shall be executed through the Omnibus Accounts of Company’s 's affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. ("MLPF&S") ("Omnibus Accounts"). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent Fund or its transfer agent at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent Fund or its transfer agent receives notice of such request by 8 6:50 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests requests, by 11 11:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its transfer agent or its designee via the NSCC Fund Fund/SERV DCC & S DCC&S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan Account prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. (b. If for any reason the Company or its affiliate is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any SharesBusiness Day, the Company and or its affiliate will notify the Fund will settle or its transfer agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day and provided that such notification is received the value of such Shares shall be calculated at the net asset value determined as of the close of trading on that prior Business Day. Such notification shall be by facsimile or phone (confirmed by facsimile), including all relevant information about the purchase or redemption order. Each purchase and redemption order transmitted by the Company will constitute a representation by the Company that such order was based on instructions and Contract owner level transactions referred to herein, via that the NSCC Fund/SERV platform settlement process Company received and accepted as being in good order no later than the close of trading on the next prior Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions Day, and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash order included all instructions and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds Contract owner level transactions so received by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s 's affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Transfer Agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the Transfer Agent Fund receives notice of such request by 8 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive such purchase and redemption requests from Company on behalf of the Account by 9:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. (b. If for any reason ▇▇▇▇▇▇▇ ▇▇▇▇▇ is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any SharesBusiness Day, Company and ▇▇▇▇▇▇▇ ▇▇▇▇▇ will notify the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process Transfer Agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”)Day. (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s 's affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Transfer Agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the Transfer Agent Fund receives notice of such request by 8 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. If for any reason Company or its affiliate is unable to transmit the file(s) with respect to any Business Day, Company or its affiliate will notify the Transfer Agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day and provided that Company or its affiliate notify the Transfer Agent or its designee, the value of such Shares shall be calculated at the net asset value determined as of the close of trading on that prior Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent Fund of a purchase request for such Shares. For Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent Fund or its designee will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s 's affiliate’s 's proprietary Inventory Control System ("ICS"). (c) Payment To the extent practicable, payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent Fund is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds Portfolios in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the The Fund nor the Transfer Agent shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s 's general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s Fund's receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Underwriter hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s 's affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the a Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Transfer Agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the Transfer Agent Underwriter receives notice of such request by 8 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 9:30 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. (b. If for any reason ▇▇▇▇▇▇▇ ▇▇▇▇▇ is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any SharesBusiness Day, Company and ▇▇▇▇▇▇▇ ▇▇▇▇▇ will notify the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process or its designee by 11:00 a.m. ET on the next following Business Day following the effective trade dateDay. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Except as provided above, Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform not be, nor hold itself out to the Company public or engage in any activity as an agent or distributor for the Funds, the Underwriter or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such actiontheir respective affiliates. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s 's affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. ("Omnibus Accounts"). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent receives notice of such request by 8 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. (b. If for any reason ▇▇▇▇▇▇▇ ▇▇▇▇▇ is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any SharesBusiness Day, Company and ▇▇▇▇▇▇▇ ▇▇▇▇▇ will notify the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process Transfer Agent or its designee by 10:00 a.m. Eastern Time on the next following Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”)Day. (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s 's affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. ("Omnibus Accounts"). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent receives notice of such request by 8 9:00 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. If for any reason ▇▇▇▇▇▇▇ ▇▇▇▇▇ is unable to transmit the file(s) with respect to any Business Day, ▇▇▇▇▇▇▇ ▇▇▇▇▇ will notify the Transfer Agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent Fund of a purchase request for such Shares. For Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 6:30 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Fund determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Portfolios effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Underwriter. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund Underwriter, on behalf of the Fund, will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent Fund's transfer and shareholder servicing agent, ▇▇▇▇▇▇ Fiduciary Trust Company ("PFTC") will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s 's affiliate’s 's proprietary Inventory Control System ("ICS"). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent PFTC is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds Portfolios in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent or any of its affiliates shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s 's general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s Underwriter's receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. (“Omnibus Accounts”). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a “Business Day”) prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent Underwriter at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent Underwriter receives notice of such request by 8 9:00 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive such purchase and redemption requests from Company on behalf of the Account by 6:30 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Underwriter or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the “as of record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. (b. If for any reason Company or its affiliate is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any SharesBusiness Day, Company and or its affiliate will notify the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process Underwriter or its designee by 11:00 a.m. Eastern Time on the next following Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”)Day. (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s 's affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. ("Omnibus Accounts"). Any Receipt of any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Transfer Agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the Transfer Agent Fund receives notice of such request by 8 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 10 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. (b. If for any reason ▇▇▇▇▇▇▇ ▇▇▇▇▇ is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any SharesBusiness Day, Company and ▇▇▇▇▇▇▇ ▇▇▇▇▇ will notify the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process or its designee by 10:00 a.m. ET on the next following Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”)Day. (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Underwriter hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. (“Omnibus Accounts”). Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a “Business Day”) prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent receives notice of such request by 8 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the “as of of” record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. If for any reason Company is unable to transmit the file(s) with respect to any Business Day, Company will notify the Transfer Agent or its designee by 11:00 a.m. Eastern Time on the next following Business Day. The Company shall maintain records that will enable the Company to demonstrate the time each order is received. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent Fund of a purchase request for such Shares. For Payment for Shares shall be made in federal funds transmitted to the Fund by wire to be received by the applicable Fund custodial account by 4:00 p.m. Eastern Time on the day the Fund is notified of the purchase and request for Shares (unless the Company determines that sufficient proceeds are available from redemption instructions with respect of Shares of other Designated Portfolios effected pursuant to any Sharesredemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds so wired, such funds shall cease to be the responsibility of the Company and shall become the Fund will settle responsibility of the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform by wire to the Company or any other designated person on the next Business Day after the Transfer Agent Fund is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds Portfolios in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the The Fund nor the Transfer Agent shall not bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer AgentFund’s receipt of such request request, provided that, in the case of a purchase request, payment for Shares so requested is received by the Fund in federal funds prior to close of business for determination of such value, as set forth defined from time to time in Section 1.3(athe Fund Prospectus. If payment is not timely received, such order will be, at Underwriter’s option, either (i) hereinexecuted at the net asset value determined on the trade date, and the Company shall be responsible for all costs to the Underwriter or the Fund resulting from such delay, or (ii) executed at the net asset value next computed following receipt of payment.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent hereby appoints the Company as its agent for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares shall be executed through the Omnibus Accounts of Company’s 's affiliate ▇▇▇▇▇▇▇ Lynch, Pierce, ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. ("Omnibus Accounts”). Any Accounts").Any such request (or relevant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed by the Transfer Agent at the net asset value determined as of the close of trading on that same Business Day, provided that the Transfer Agent receives notice of such request by 8 10 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 a.m. Eastern Time on the next following Business Day. Company and Fund understand that it is the intent of the parties that Fund receive purchase and redemption requests from Company on behalf of the Account by 6:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time on the prior Business Day for each of the Funds. If for any reason ▇▇▇▇▇▇▇ ▇▇▇▇▇ is unable to transmit the file(s) with respect to any Business Day, ▇▇▇▇▇▇▇ ▇▇▇▇▇ will notify the Transfer Agent or its designee by 10:00 a.m. Eastern Time on the next following Business Day. (b) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For Payment for Shares shall be made in federal funds transmitted to the Fund via the NSCC Fund/SERV DCC&S platform to be received by the Fund by 4:00 p.m. Eastern Time on the day the Fund is notified of the purchase request for Shares (unless the Transfer Agent determines and so advises the Company that sufficient proceeds are available from redemption of Shares of other Designated Funds effected pursuant to redemption requests tendered by the Company on behalf of the Account). Upon receipt of federal funds transmitted via the NSCC Fund/SERV DCC&S platform, such funds shall cease to be the responsibility of the Company and shall become the responsibility of the Fund. Notwithstanding any provision of this Agreement to the contrary, for purchase and redemption instructions with respect to any Shares, Company and the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s 's affiliate’s 's proprietary Inventory Control System ("ICS"). (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s 's general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s 's receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Ml of New York Variable Annuity Separate Account D)

Purchase and Redemption Procedures. (a) The Transfer Agent Fund hereby appoints the Company as its an agent of the Fund for the limited purpose of receiving purchase and redemption requests on behalf of the Account (but not with respect to any Fund shares that may be held in the general account of the Company) for the Shares made available hereunder, based on allocations of amounts to the Account or subaccounts thereof under the Contracts and other transactions relating to the Contracts or the Account. All transactions in Account shares on behalf of the Accounts shall be executed through the Omnibus Accounts omnibus accounts of Company’s 's affiliate Merrill Lynch, Pierce, Fenner & Smith, Inc. ("Omnibus Accounts"). ▇▇▇▇pt of any such r▇▇▇▇▇▇ Lynch, Pierce, (o▇ ▇▇▇▇▇▇ & ▇▇▇▇▇, Inc. (“Omnibus Accounts”). Any such request (or relevant evant transactional information therefor) received by the Company on any day the New York Stock Exchange is open for trading and on which the a Fund calculates its net asset value pursuant to the rules of the SEC (a "Business Day") by the Company as such limited agent of the Fund prior to the time that the Fund ordinarily calculates its net asset value as described from time to time in the Fund Fund's Prospectus (which as of the date of execution of this Agreement is 4:00 p.m. Eastern Time) shall be executed constitute receipt by the Transfer Agent at the net asset value determined as of the close of trading Fund on that same Business Day, provided that the Transfer Agent Fund receives notice of such request by 8 a.m. Eastern Time on the next following Business Day, or in the event of systems issues necessitating later delivery of such purchase and redemption requests by 11 9:00 a.m. Eastern Time on the next following Business Day. Company will provide to the Transfer Agent Fund or its designee via the NSCC Fund SERV DCC & S platform (which utilizes the "as of of" record layout within Fund/SERV) one or more files detailing the instructions received with respect to each Plan prior to 4:00 p.m. Eastern Time ET on the prior Business Day for each of the Funds. (bFund. If for any reason Merrill Lynch is unable to transmit the file(s) The Company shall pay for Shares on the same day that it notifies the Transfer Agent of a purchase request for such Shares. For purchase and redemption instructions with respect to any Shares▇▇▇ ▇▇▇i▇▇▇▇ Day, Company and Merrill Lynch will notify the Fund will settle the purchase and redemption transactions referred to herein, via the NSCC Fund/SERV platform settlement process on the next or its designee by 9:00 a.m. ▇▇ ▇▇ ▇h▇ ▇▇▇t following Business Day following the effective trade date. The Transfer Agent will provide to Company a daily transmission of positions and trading activity taking place in the Omnibus Accounts using Company’s affiliate’s proprietary Inventory Control System (“ICS”)Day. (c) Payment for Shares redeemed by the Account or the Company shall be made in federal funds transmitted via the NSCC Fund/SERV DCC&S platform to the Company or any other designated person on the next Business Day after the Transfer Agent is properly notified of the redemption order of such Shares (unless redemption proceeds are to be applied to the purchase of Shares of other Designated Funds in accordance with Section 1.3(b) of this Agreement), except that the Fund reserves the right to redeem Shares in assets other than cash and to delay payment of redemption proceeds to the extent permitted under Section 22(e) of the 1940 Act and any Rules thereunder, and in accordance with the procedures and policies of the Fund as described in the then current prospectus. Neither the Fund nor the Transfer Agent shall bear any responsibility whatsoever for the proper disbursement or crediting of redemption proceeds by the Company; the Company alone shall be responsible for such action. (d) Any purchase or redemption request for Shares held or to be held in the Company’s general account shall be effected at the closing net asset value per share next determined after the Transfer Agent’s receipt of such request as set forth in Section 1.3(a) herein.

Appears in 1 contract

Sources: Participation Agreement (Merrill Lynch Life Variable Annuity Separate Account D)