Common use of Acknowledgment of Multiple Roles Clause in Contracts

Acknowledgment of Multiple Roles. The parties expressly acknowledge and consent to U.S. Bank National Association acting in the capacity of Trustee of the Trust and in the capacity of Custodian with respect to the Funding Agreement being pledged and assigned by the Trust to the Indenture Trustee. U.S. Bank National Association may, in such dual capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by U.S. Bank National Association of any of its respective duties in its capacities as Custodian and/or Trustee. The parties hereto waive all defenses, claims or assertions against U.S. Bank National Association which are based on the foregoing. SECTION C TERMS AGREEMENT This TERMS AGREEMENT (this "Terms Agreement") is entered into as of the Original Issue Date by and among ING USA Annuity and Life Insurance Company ("ING USA"), the ING USA Global Funding Trust specified in the Omnibus Instrument (the "Trust") and the [Purchasing Agent/Agent(s)] specified in the Pricing Supplement [(the "Purchasing Agent")/(the "Agent(s)")].

Acknowledgment of Multiple Roles. The parties expressly acknowledge and consent to U.S. Bank National Association acting in the capacity of Trustee of the Trust and in the capacity of Custodian with respect to the Funding Agreement being pledged and assigned by the Trust to the Indenture Trustee. U.S. Bank National Association may, in such dual capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by U.S. Bank National Association of any of its respective duties in its capacities as Custodian and/or Trustee. The parties hereto waive all defenses, claims or assertions against U.S. Bank National Association which are based on the foregoing. SECTION C TERMS AGREEMENT This TERMS AGREEMENT (this "Terms Agreement") is entered into as of the Original Issue Date date of the Pricing Supplement by and among ING USA Annuity and Life Insurance Company ("ING USA"), the ING USA Global Funding Trust specified in the Omnibus Instrument (the "Trust") and the [Purchasing Agent/Agent(s)] specified in the Pricing Supplement [(the "Purchasing Agent")/(the "Agent(s)")].