Term and Termination of this Agreement. 8.1 This Agreement will terminate: (a) as to any party hereto, at the option of that party, upon prior written notice to the other party as provided in Section 8.3 herein; or (b) at the option of the FUND in the event that formal administrative proceedings are instituted against AAL by the NASD, the SEC, any insurance commissioner or any other regulatory body regarding AAL's duties under this Agreement or related to the sale of the Certificates, the operation of the ACCOUNT, or the purchase of FUND shares, provided, however, that the FUND determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of AAL to perform its obligations under this Agreement; or (c) at the option of AAL in the event that formal administrative proceedings are instituted against the FUND by the NASD, the SEC, or any state securities or insurance commission or any other regulatory body, regarding the FUND's duties under this Agreement or related to the sale of FUND shares or the operation of the FUND, provided, however, that AAL determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the FUND to perform its obligations under this Agreement; or (d) at the option of AAL with respect to the ACCOUNT, upon requisite authority to substitute the shares of another investment company for shares of the FUND in accordance with the terms of the Certificates or in accordance with the ACCOUNT's investment policy or standards of conduct; or (e) at the option of a AAL, in the event any of the FUND's shares are not registered, issued, or sold in accordance with applicable federal and any state law or such law precludes the use of such shares as the underlying investment media of the Certificates issued or to be issued by AAL; or (f) at the option of a AAL, if the FUND fails to meet the requirements specified in Section 2.6 hereof; or (g) at the option of the FUND, if the investments of the ACCOUNTs fail to satisfy the diversification requirements of the Code and the regulations thereunder. 8.2 It is understood and agreed that the right of any party hereto to terminate this Agreement pursuant to Section 8.1(a) may be exercised for any reason or for no reason.
Appears in 2 contracts
Sources: Participation Agreement (Aal Variable Product Series Fund Inc), Participation Agreement (Aal Variable Annuity Account I)
Term and Termination of this Agreement. 8.1 9.1 This Agreement will terminate:
(a) as to any party hereto, at the option of that party, upon prior written notice to the other party as provided in Section 8.3 9.3 herein; or
(b) at the option of the FUND in the event that formal administrative proceedings are instituted against AAL the PLAN by the NASDIRS, the SEC, any insurance commissioner DOL or any other regulatory body regarding AALthe PLAN's duties under this Agreement or related to the sale of the Certificatesshares to PLAN participants, the operation of the ACCOUNT, or the purchase of FUND sharesPLAN, provided, however, that the FUND determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of AAL the PLAN to perform its obligations under this Agreement; or
(c) at the option of AAL the PLAN in the event that formal administrative proceedings are instituted against the FUND by the NASD, the SEC, or any state securities or insurance commission or any other regulatory body, regarding the FUND's duties under this Agreement or related to the sale of FUND shares or the operation of the FUND, provided, however, that AAL the PLAN determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the FUND to perform its obligations under this Agreement; or
(d) at the option of AAL with respect to the ACCOUNTPLAN, upon requisite authority to substitute the shares of another investment company for shares of the FUND in accordance with the terms of the Certificates or in accordance with the ACCOUNT's PLAN investment policy or standards of conduct; or
(e) at the option of a AALthe PLAN, in the event any of the FUND's shares are not registered, issued, or sold in accordance with applicable federal and any state law or such law precludes the use of such shares as the underlying an investment media of the Certificates issued or to be issued by AALPLAN; or
(f) at the option of a AALthe PLAN, if the FUND fails to meet the requirements specified in Section 2.6 2.2 or 2.3 hereof; or
(g) at the option of the FUND, if the investments of the ACCOUNTs PLAN fail to satisfy the diversification requirements of the Code and the regulations thereunder, or
(h) at the option of the PLAN, if the FUND dissolves or becomes otherwise unable to sell shares to fund the PLAN.
8.2 9.2 It is understood and agreed that the right of any party hereto to terminate this Agreement pursuant to Section 8.1(a9.1(a) may be exercised for any reason or for no reason.
Appears in 2 contracts
Sources: Participation Agreement (Aal Variable Life Account I), Participation Agreement (Aal Variable Annuity Account Ii)
Term and Termination of this Agreement. 8.1 This Agreement will terminate:
(a) as to any party hereto, at the option of that party, upon prior written notice to the other party as provided in Section 8.3 herein; or
(b) at the option of the FUND in the event that formal administrative proceedings are instituted against AAL by the NASD, the SEC, any state securities or insurance commissioner or any other regulatory body regarding AAL's duties under this Agreement or related to the sale of the Certificates, the operation of the ACCOUNTACCOUNTS, or the purchase of FUND shares, provided, however, that the FUND determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of AAL to perform its obligations under this Agreement; or
(c) at the option of AAL in the event that formal administrative proceedings are instituted against the FUND by the NASD, the SEC, or any state securities or insurance commission or any other regulatory body, regarding the FUND's duties under this Agreement or related to the sale of FUND shares or the operation of the FUND, provided, however, that AAL determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the FUND to perform its obligations under this Agreement; or
(d) at the option of AAL with respect to the ACCOUNTACCOUNTS, upon requisite authority to substitute the shares of another investment company for shares of the FUND in accordance with the terms of the Certificates or in accordance with the ACCOUNT's ACCOUNTS investment policy or standards of conduct; or
(e) at the option of a AAL, in the event any of the FUND's shares are not registered, issued, or sold in accordance with applicable federal and any state law or such law precludes the use of such shares as the underlying investment media of the Certificates issued or to be issued by AAL; or
(f) at the option of a AAL, if the FUND fails to meet the requirements specified in Section 2.6 hereof; or
(g) at the option of the FUND, if the investments of the ACCOUNTs ACCOUNTS fail to satisfy the diversification requirements of the Code and the regulations thereunder, or
(h) at the option of AAL, if the FUND dissolves or becomes otherwise unable to sell shares to fund the ACCOUNTS.
8.2 It is understood and agreed that the right of any party hereto to terminate this Agreement pursuant to Section 8.1(a) may be exercised for any reason or for no reason.
Appears in 1 contract
Sources: Participation Agreement (Aal Variable Product Series Fund Inc)
Term and Termination of this Agreement. 8.1 9.1 This Agreement will terminate:
(a) as to any party hereto, at the option of that party, upon prior written notice to the other party as provided in Section 8.3 9.3 herein; or
(b) at the option of the FUND in the event that formal administrative proceedings are instituted against AAL by the NASD, the SEC, any state securities or insurance commissioner or any other regulatory body regarding AAL's ’s duties under this Agreement or related to the sale of the Certificates, the operation of the ACCOUNTACCOUNTS, or the purchase of FUND shares, provided, however, that the FUND determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of AAL to perform its obligations under this Agreement; or
(c) at the option of AAL in the event that formal administrative proceedings are instituted against the FUND by the NASD, the SEC, or any state securities or insurance commission or any other regulatory body, regarding the FUND's ’s duties under this Agreement or related to the sale of FUND shares or the operation of the FUND, provided, however, that AAL determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the FUND to perform its obligations under this Agreement; or
(d) at the option of AAL with respect to the ACCOUNTACCOUNTS, upon requisite authority to substitute the shares of another investment company for shares of the FUND in accordance with the terms of the Certificates or in accordance with the ACCOUNT's ACCOUNTS investment policy or standards of conduct; or
(e) at the option of a AAL, in the event any of the FUND's ’s shares are not registered, issued, or sold in accordance with applicable federal and any state law or such law precludes the use of such shares as the underlying investment media of the Certificates issued or to be issued by AAL; or
(f) at the option of a AAL, if the FUND fails to meet the requirements specified in Section Sections 2.3 or 2.6 hereof; or
(g) at the option of the FUND, if the investments of the ACCOUNTs ACCOUNTS fail to satisfy the diversification requirements of the Code and the regulations thereunder, or
(h) at the option of AAL, if the FUND dissolves or becomes otherwise unable to sell shares to fund the ACCOUNTS.
8.2 9.2 It is understood and agreed that the right of any party hereto to terminate this Agreement pursuant to Section 8.1(a9.1(a) may be exercised for any reason or for no reason.
Appears in 1 contract
Sources: Participation Agreement (Aal Variable Product Series Fund Inc)
Term and Termination of this Agreement. 8.1 A. This Agreement will terminate:
(a) 1. as to any party hereto, at the option of that party, upon prior written notice to the other party as provided in Section 8.3 9.3 herein; or
(b) 2. at the option of the FUND in the event that formal administrative proceedings are instituted against AAL THRIVENT LIFE by the NASD, the SEC, any state securities or insurance commissioner or any other regulatory body regarding AALTHRIVENT LIFE's duties under this Agreement or related to the sale of the CertificatesContracts, the operation of the ACCOUNTACCOUNTS, or the purchase of FUND shares, provided, however, that the FUND determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of AAL THRIVENT LIFE to perform its obligations under this Agreement; or
(c) 3. at the option of AAL THRIVENT LIFE in the event that formal administrative proceedings are instituted against the FUND by the NASD, the SEC, or any state securities or insurance commission or any other regulatory body, regarding the FUND's duties under this Agreement or related to the sale of FUND shares or the operation of the FUND, provided, however, that AAL THRIVENT LIFE determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the FUND to perform its obligations under this Agreement; or
(d) 4. at the option of AAL THRIVENT LIFE with respect to the ACCOUNTACCOUNTS, upon requisite authority to substitute the shares of another investment company for shares of the FUND in accordance with the terms of the Certificates Contracts or in accordance with the ACCOUNT's ACCOUNTS investment policy or standards of conduct; or
(e) 5. at the option of a AALTHRIVENT LIFE, in the event any of the FUND's shares are not registered, issued, or sold in accordance with applicable federal and any state law or such law precludes the use of such shares as the underlying investment media of the Certificates Contracts issued or to be issued by AALTHRIVENT LIFE; or
(f) 6. at the option of a AALTHRIVENT LIFE, if the FUND fails to meet the requirements specified in Section Sections 2.3 or 2.6 hereof; or
(g) 7. at the option of the FUND, if the investments of the ACCOUNTs ACCOUNTS fail to satisfy the diversification requirements of the Code and the regulations thereunder, or
8. at the option of THRIVENT LIFE, if the FUND dissolves or becomes otherwise unable to sell shares to fund the ACCOUNTS.
8.2 B. It is understood and agreed that the right of any party hereto to terminate this Agreement pursuant to Section 8.1(a9.1(a) may be exercised for any reason or for no reason.
Appears in 1 contract
Sources: Participation Agreement (Tlic Variable Insurance Account A)
Term and Termination of this Agreement. 8.1 9.1 This Agreement will terminate:
(a) as to any party hereto, at the option of that party, upon prior written notice to the other party as provided in Section 8.3 9.3 herein; or
(b) at the option of the FUND in the event that formal administrative proceedings are instituted against AAL by the NASD, the SEC, any state securities or insurance commissioner or any other regulatory body regarding AAL's duties under this Agreement or related to the sale of the Certificates, the operation of the ACCOUNTACCOUNTS, or the purchase of FUND shares, provided, however, that the FUND determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of AAL to perform its obligations under this Agreement; or
(c) at the option of AAL in the event that formal administrative proceedings are instituted against the FUND by the NASD, the SEC, or any state securities or insurance commission or any other regulatory body, regarding the FUND's duties under this Agreement or related to the sale of FUND shares or the operation of the FUND, provided, however, that AAL determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the FUND to perform its obligations under this Agreement; or
(d) at the option of AAL with respect to the ACCOUNTACCOUNTS, upon requisite authority to substitute the shares of another investment company for shares of the FUND in accordance with the terms of the Certificates or in accordance with the ACCOUNT's ACCOUNTS investment policy or standards of conduct; or
(e) at the option of a AAL, in the event any of the FUND's shares are not registered, issued, or sold in accordance with applicable federal and any state law or such law precludes the use of such shares as the underlying investment media of the Certificates issued or to be issued by AAL; or
(f) at the option of a AAL, if the FUND fails to meet the requirements specified in Section Sections 2.3 or 2.6 hereof; or
(g) at the option of the FUND, if the investments of the ACCOUNTs ACCOUNTS fail to satisfy the diversification requirements of the Code and the regulations thereunder, or
(h) at the option of AAL, if the FUND dissolves or becomes otherwise unable to sell shares to fund the ACCOUNTS.
8.2 9.2 It is understood and agreed that the right of any party hereto to terminate this Agreement pursuant to Section 8.1(a9.1(a) may be exercised for any reason or for no reason.
Appears in 1 contract
Sources: Participation Agreement (Aal Variable Annuity Account Ii)
Term and Termination of this Agreement. 8.1 9.1 This Agreement will terminate:
(a) as to any party hereto, at the option of that party, upon prior written notice to the other party as provided in Section 8.3 9.3 herein; or
(b) at the option of the FUND in the event that formal administrative proceedings are instituted against AAL either or both of the PLANS by the NASDInternal Revenue Service, the SEC, any insurance commissioner Department of Labor or any other regulatory body regarding AAL's either or both of the PLANS’ duties under this Agreement or related to the sale purchase of FUND shares by the CertificatesPLANS’ participants, the operation of either or both of the ACCOUNT, or the purchase of FUND sharesPLANS, provided, however, that the FUND determines, in its sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of AAL either or both of the PLANS to perform its their obligations under this AgreementAgreement and such termination shall only apply to the PLAN so adversely affected; or
(c) at the option of AAL either or both of the PLANS in the event that formal administrative proceedings are instituted against the FUND by the NASD, the SEC, or any state securities or insurance commission or any other regulatory body, regarding the FUND's ’s duties under this Agreement or related to the sale of FUND shares or the operation of the FUND, provided, however, that AAL determinesthe PLANS determine, in its their sole judgment exercised in good faith, that any such administrative proceedings will have a material adverse effect upon the ability of the FUND to perform its obligations under this Agreement; or
(d) at the option of AAL with respect to the ACCOUNTPLANS, upon requisite authority to substitute the shares of another investment company for shares of the FUND in accordance with the terms of the Certificates or in accordance with the ACCOUNT's PLANS investment policy policies or standards of conduct; or
(e) at the option of a AALeither or both of the PLANS, in the event any of the FUND's ’s shares are not registered, issued, or sold in accordance with applicable federal and any state law or such law precludes the use of such shares as the underlying an investment media of either or both of the Certificates issued or to be issued by AALPLANS; or
(f) at the option of a AALthe PLANS, if the FUND fails to meet the requirements specified in Section 2.6 2.2 or 2.3 hereof; or
(g) at the option of the FUNDPLANS, if the investments of FUND dissolves or becomes otherwise unable to sell shares to fund the ACCOUNTs fail to satisfy the diversification requirements of the Code and the regulations thereunderPLANS.
8.2 9.2 It is understood and agreed that the right of any party hereto to terminate this Agreement pursuant to Section 8.1(a9.1(a) may be exercised for any reason or for no reason.
Appears in 1 contract