Related to New York City
1.3. The Fund agrees to make shares of the Designated Portfolios available indefinitely for purchase at the applicable net asset value per share by Participating Insurance Companies and their separate accounts on those days on which the Fund calculates its Designated Portfolio net asset value pursuant to rules of the SEC and the Fund shall use reasonable efforts to calculate such net asset value on each day the New York Stock Exchange is open for trading; provided, however, that the Board of Trustees of the Fund (the "Fund Board") may refuse to sell shares of any Portfolio to any person, or suspend or terminate the offering of shares of any Portfolio if such action is required by law or by regulatory authorities having jurisdiction or is, in the sole discretion of the Fund Board, acting in good faith and in light of its fiduciary duties under federal and any applicable state laws, necessary in the best interests of the shareholders of such Portfolio.
After all Parties have been notified, the provisions of paragraphs (b) and (c) of this Section 2.1 shall apply." All other terms and provisions of the Agreement not amended herein shall remain in full force and effect. Unless otherwise specified, all defined terms shall have the same meaning given to them in the Agreement. Effective Date: 7-31-06 AIM VARIABLE INSURANCE FUNDS Attest: /s/ Jim Coppedge By: /s/ Robert H. Graham Name: Jim Coppedge Name: Robert H. Graham Title: Assistant Secretary Title: President Date: February 7, 2007 AIM DISTRIBUTORS, INC. Attest: /s/ P. Michelle Grace By: /s/ Gene L. Needles Name: P. Michelle Grace Name: Gene L. Needles Title: Assistant Secretary Title: President AMERITAS VARIABLE LIFE INSURANCE COMPANY, on behalf of itself and its separate accounts Attest: /s/ Robert G. Lange By: /s/ Robert C. Barth Name: Robert G. Lange Name: Robert C. Barth Title: Vice President Title: Vice President, Controller, & Chief Accounting Officer AMERITAS INVESTMENT CORP. Attest: /s/ Robert G. Lange By: /s/ Cheryl L. Heilman Name: Robert G. Lange Name: Cheryl L. Heilman Title: Vice President Title: Vice President Novation to Participation Agreement
In any case where any payment or action is due under any Loan Document on a day which is not a Business Day, such payment or action may be delayed until the next-succeeding Business Day, but interest and fees shall continue to accrue in respect of any payment to which it is applicable until such payment is in fact made; provided that, if, in the case of any such payment in respect of a Eurodollar Rate Borrowing, the next-succeeding Business Day is in the next calendar month, then such payment shall be made on the next-preceding Business Day.
Duty time that is granted to representatives on behalf of the exclusive representative to perform representational functions without loss of pay or charge to an employee’s leave account. Official time will not be granted for internal union business, as defined by 5 USC 7131(b).
For purposes of this Agreement, “
A “Banking Day” shall mean a day on which a bank is open to the public for carrying out substantially all of its banking functions. For purposes herein, a “Banking Day” shall mean Monday through Friday excluding federal holidays.
Holiday Falling on Saturday or Sunday
For an employee whose normal workweek is from Monday to Friday and when any of the above-noted holidays falls on a Saturday and is not proclaimed as being observed on another day, the following Monday will be deemed to be the holiday. When a holiday falls on a Sunday and it is not proclaimed as being observed on another day, the following Monday (or Tuesday, where the preceding section already applies), will be deemed to be the holiday for the purpose of this agreement.
Holidays Falling on Saturday or Sunday
(a) For an employee whose work week is from Monday to Friday and when any of the above-noted holidays fall on a Saturday and is not proclaimed as observed on some other day, the following Monday shall be deemed to be the holiday for the purpose of this Agreement; and when a holiday falls on a Sunday and it is not proclaimed as being observed on some other day, the following Monday (or Tuesday, where the preceding section already applies to the Monday), shall be deemed to be the holiday for the purpose of this Agreement.
The City of Durham, North Carolina.
NEW YORK RESIDENTS
We may obtain a credit report in connection with this Account, including for any review, modification, renewal or collections associated with this Account. Upon Your request, You will be informed whether such report was requested and, if so, the name and address of the consumer reporting agency furnishing the report. New York residents may contact the New York State Banking Department at 800.342.3736 or www.dfs.ny.gov to obtain a comparative listing of credit card rates, fees and grace periods.