Home

Intelligence

Services

Subscriptions

News

About Us

Sign In

 

Document Preview

Fund Participation Agreement

 

Click "Add to Cart" button to purchase document. 
Documents are emailed immediately after purchase. 
You can also browse documents by
title, category, or company... or click here for help finding documents.

 

Title:

Fund Participation Agreement

Entities:

Pruco Life Flexible Premium Variable Annuity Account

Date:

2005

Size:

Preview shows 7KB of 97KB total

Price:

$59

ID:

#2382984

 

 

► Compensation ► Participation ► Fund Participation Agreements

 

 

Start of Preview


                          FUND PARTICIPATION AGREEMENT


THIS AGREEMENT, made and entered into this 1st day of February 2005 (the
"Agreement") by and among Pruco Life Insurance Company of New Jersey, organized
under the laws of the State of New Jersey, Pruco Life Insurance Company,
organized under the laws of the State of Arizona (collectively, the "Company"),
on behalf of itself and each separate account of the Company named in Schedule A
to this Agreement, as may be amended from time to time (each separate account
referred to as the "Separate Account" and collectively as the "Separate
Accounts"); Gartmore Variable Insurance Trust, an open-end management investment
company organized as a business trust under the laws of the Commonwealth of
Massachusetts (the "Trust"); Gartmore Global Asset Management Trust, a
corporation organized under the laws of the State of Delaware and investment
adviser to the Trust (the "Adviser"); and Gartmore Distribution Services, Inc.,
a corporation organized under the laws of the State of Delaware and principal
underwriter/distributor of the Trust (the "Distributor").

WHEREAS, the Trust engages in business as an open-end diversified, management
investment company and was established for the purpose of serving as the
investment vehicle for separate accounts established for variable life insurance
contracts and variable annuity contracts to be offered by insurance companies
which have entered into participation agreements substantially similar to this
Agreement (the "Participating Insurance Companies"), except for those agreements
between the Trust and Nationwide Insurance or its affiliates, and

WHEREAS, beneficial interests in the Trust are divided into several series of
shares, each representing the interest in a particular managed portfolio of
securities and other assets (each, a "Fund" and collectively, the "Funds"); and

WHEREAS, the Company, as depositor, has established the Separate Accounts to
serve as investment vehicles for certain variable annuity contracts and variable
life insurance policies and funding agreements offered by the Company set forth
on Schedule A (the "Contracts"); and

WHEREAS, the Separate Accounts are duly organized, validly existing segregated
asset accounts, established by resolutions of the Board of Directors of the
Company under the insurance laws of the State of Connecticut, to set aside and
invest assets attributable to the Contracts; and

February 1, 2005 Page 1 of 27

{PAGE}

WHEREAS, to the extent permitted by applicable insurance laws and regulations,
the Company intends to purchase shares of the Funds named in Schedule B, as such
schedule may be amended from time to time (the "Designated Funds") on behalf of
the Separate Accounts to fund the Contracts; and

WHEREAS, the Distributor is authorized to sell such shares of the Designated
Funds to unit investment trusts such as the Separate Accounts at net asset
value.

NOW, THEREFORE, in consideration of their mutual promises, the Company, the
Trust, the Adviser and the Distributor agree as follows:

ARTICLE I - SALE OF FUND SHARES

1.1 The Distributor agrees to sell to the Company those shares of the
Designated Funds which the Company orders on behalf of each Separate
Account, executing such orders on a daily basis at the net asset value
next computed after receipt and acceptance by the Trust or its designee of
the order for the shares of the Trust. For purposes of this Section 1.1,
the Company will be the designee of the Trust solely for the purpose of
receiving such orders from each Separate Account and receipt by such
designee will constitute receipt by the Trust; provided that the Company
provides the Trust with a purchase order by 9:00 a.m. Eastern Time on the
next following Business Day. "Business Day" will mean any day on which the
New York Stock Exchange is open for trading and on which the Trust
calculates its net asset value pursuant to the rules of the Securities and
Exchange Commission (the "Commission"). The Trust may net the redemption
requests it receives from the Company under Section 1.3 of this Agreement
against the purchase orders it receives from the Company under this
Section 1.1 for each Designated Fund.

1.2 The Company will transmit payment for shares of any Designated Fund
purchased by 2:00 p.m. Eastern Time on the same Business Day an order to
purchase shares of the Designated Fund is provided to the Trust in
accordance with Section 1.1. Payment will be made in federal funds
transmitted by wire. Upon receipt by the Trust of the payment, such funds
shall cease to be the responsibility of the Company and shall become the
responsibility of the Trust.

1.3 The Trust agrees to redeem, upon the Company's request, any full or
fractional shares of the Designated Funds held by the Company, executing
such requests on a daily basis at the net asset value next computed after
receipt and acceptance by the Trust or its designee of the request for
redemption. For purposes of this Section 1.3, the Company will be the
designee of the Trust solely for receipt of requests for redemption from
each Separate Account and receipt by such designee will constitute

February 1, 2005 Page 2 of 27

{PAGE}

receipt by the Trust; provided that the Company provides the Trust with a
redemption request by 9:00 a.m. Eastern Time on the next following
Business Day. Payment will be made in federal funds transmitted by wire to
the Company's account as designated by the Company in writing from time to
time, by 2:00 p.m. Eastern Time on the same Business Day the Trust
receives notice of the redemption order from the Company. After consulting
with the Company, the Trust reserves the right to delay payment of
redemption proceeds, but in no event may such payment be delayed longer
than the period permitted under Section 22(e) of the Investment Company
Act of 1940 (the "1940 Act"). The Trust will not bear any responsibility
whatsoever for the proper disbursement or crediting of redemption
proceeds; the Company alone will be responsible for such action. If a
redemption request is received after 9:00 a.m. Eastern Time, such

 

End of Preview

 

Home        Intelligence        Services        Subscriptions        News        About Us

Contact Us       Terms of Use       Resend Documents       Shopping Cart

Copyright © 2008 The Consus Group LLC