Common use of CONTRACT AND PROGRAM CHANGES Clause in Contracts

CONTRACT AND PROGRAM CHANGES. A. The CEDING COMPANY may amend, substitute, add or delete variable investment funds to the investment options supporting the annuity contract as described in the contract general provisions. No such change shall be made by the CEDING COMPANY without PRIOR notification to the REINSURER and without changes being declared effective by the Securities and Exchange Commission (SEC), if necessary. The REINSURER will approve or disapprove of the fund change within fifteen (15) working days of the date on which they receive notification. The CEDING COMPANY agrees to maintain at all times a satisfactory selection of core investment options with overall risk profile characteristics similar to those listed in Schedule B at inception of the Agreement. As long as this is the case, the REINSURER will approve such fund changes within fifteen (15) working days of receiving such notification. Should any such change result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that product line only, any of the terms of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new and inforce business affected by the change. The CEDING COMPANY shall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective. B. The CEDING COMPANY shall also give the REINSURER ADVANCE notice of any other changes to any contract forms reinsured hereunder, such as the annuity product design and/or death benefit design, the fees and charges, or the addition of any riders. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its approval of such change or its intent to revise the terms of this Agreement. Should any such change affect new business to be reinsured under this Agreement and result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that new business only, any of the terms of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then the CEDING COMPANY shall have the right of immediate termination of this Agreement for new business only. The CEDING COMPANY shall

Appears in 3 contracts

Samples: Automatic Reinsurance Agreement (Manufacturers Life Insurance Co Usa Separate Account H), Automatic Reinsurance Agreement (Manufacturers Life Insurance Co Usa Separate Account H), Automatic Reinsurance Agreement (Manufacturers Life Insurance Co Usa Separate Account H)

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CONTRACT AND PROGRAM CHANGES. A. The CEDING COMPANY Cedent may amend, substitute, add or delete variable investment funds to the investment options supporting the annuity contract contracts as described in the contract general provisions. No The Retrocedent however, shall require of the Cedent that no such change shall be made by the CEDING COMPANY without PRIOR prior notification to the REINSURER Retrocedent, which notification shall be promptly forwarded to the Retrocessionaire, and without changes being declared effective by the prior approval of the Securities and Exchange Commission (SEC)) or applicable self-regulatory body approval, if necessary. The REINSURER will approve or disapprove Retrocedent shall contractually require the Cedent to provide thirty (30) days prior written notice, unless otherwise agreed to by the Retrocedent and the Retrocessionaire, of any proposed change in the fund change within fifteen (15) working days of the date on which they receive notificationinvestment options supporting Reinsured Contracts. The CEDING COMPANY agrees to Retrocedent shall require that the Cedent shall maintain at all times a satisfactory reasonable selection of core investment options with overall risk profile characteristics similar to those listed in Schedule B at inception B. B. The Retrocedent shall give the Retrocessionaire thirty (30) days prior written notice, unless otherwise agreed to by the Retrocedent and the Retrocessionaire, of any other accepted changes to the Agreement. As long as this Reinsured Contracts relating to a Cedent’s annuity product design and/or death benefit design, fees and charges, distribution systems and/or methods or addition of any riders to any Reinsured Contract forms. C. In the event that any accepted change described above, except any change or modification that is the caserequired by law, the REINSURER will approve such fund changes within fifteen (15) working days of receiving such notification. Should any such change shall result in a material change in the underlying risk, the REINSURER Retrocessionaire shall have the right to modify, for that product line only, any of the terms of this Agreement in order to restore, to restore the extent possible, the risk profile of the business reinsured hereunder Retrocessionaire to its original position. Without excluding others, the following changes shall not be considered to alter materially the Retrocessionaire’s risk position and, therefore, the Retrocessionaire shall be obligated to accept such changes that the Retrocedent shall have accepted: 1. Replacing a fund manager when priced the fund’s investment objective, as determined by both MorningStar and Lipper Inc., remains unchanged. 2. Substituting one fund for another fund having the REINSURER. same MorningStar and Lipper Inc. investment objective. D. The REINSURER Retrocedent shall within fifteen (15) working days contractually require in each Reinsurance Agreement that the Cedent shall simultaneously provide to the Retrocessionaire, as a Notice on behalf of the date on which notification was receivedRetrocedent hereunder, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new and inforce business affected by the change. The CEDING COMPANY shall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective. B. The CEDING COMPANY shall also give the REINSURER ADVANCE notice duplicate copy of any notice to the Retrocedent of any proposed change in the investment options supporting Reinsured Contracts, and/or any other accepted changes to any contract forms reinsured hereunder, such as the Reinsured Contracts relating to a Cedent’s annuity product design and/or death benefit design, the fees and charges, distribution systems and/or methods or the addition of any riders. riders to any Reinsured Contract forms. E. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, Retrocedent shall provide the CEDING COMPANY with notice of its approval of such change or its intent to revise the terms of this Agreement. Should any such change affect new business to be reinsured under this Agreement and result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that new business only, any of the terms of this Agreement in order to restore, to the extent possible, Retrocessionaire a copy of each general communication that the risk profile of the business reinsured hereunder Cedent sends to its original position when priced by the REINSURER. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then the CEDING COMPANY shall have the right of immediate termination of this Agreement for new business only. The CEDING COMPANY shallcontract holders in any state.

Appears in 3 contracts

Samples: Automatic Retrocession Agreement (Brighthouse Variable Annuity Account C), Automatic Retrocession Agreement (Brighthouse Separate Account A), Automatic Retrocession Agreement (Brighthouse Separate Account A)

CONTRACT AND PROGRAM CHANGES. A. The CEDING COMPANY may not amend, substitute, add or delete variable investment funds to the investment options supporting the variable annuity contract as described contracts identified in the contract general provisions. No such change shall be made by the CEDING COMPANY Schedule A without PRIOR notification ninety (90) days advance written notice to the REINSURER and without changes being declared effective by the prior approval of the Securities and Exchange Commission (SEC), if necessarynecessary and the REINSURER. The REINSURER will approve or disapprove of the fund change within fifteen (15) working days of the date on which they receive notificationREINSURER's approval shall not be unreasonably withheld. The CEDING COMPANY agrees to maintain at all times a satisfactory selection of core investment options with overall risk profile characteristics similar to those listed in Schedule B at inception B. REINSURER shall have no liability under this Agreement for a variable investment fund until REINSURER's assent is evidenced in a written amendment to this Agreement that has been signed by both parties. B. The CEDING COMPANY shall give the REINSURER ninety (90) days advance written notice of any changes to the Agreement. As long as this is the caseGMWB Product, its fees and charges, its distribution systems, the REINSURER will approve addition of any riders, or additions or changes to asset allocation options reinsured hereunder. No such fund changes within fifteen (15) working days of receiving such notification. or additions shall be effective until evidenced in a written amendment to this Agreement that has been signed by both parties. C. Should any such change as stated above result in a material change in the underlying riskrisks reinsured, the REINSURER shall have the right to modify, for that product line only, modify any of the terms of this Agreement in order to restore, to restore the extent possible, the risk profile of the business reinsured hereunder REINSURER to its original position when priced by and these modifications will be included in the REINSURER. The REINSURER shall within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. written amendment referenced in paragraph B above. D. The CEDING COMPANY shall have the right agrees to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new and inforce business affected by the change. The CEDING COMPANY shall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective. B. The CEDING COMPANY shall also give all contractholder communications as though the REINSURER ADVANCE notice of any other changes to any contract forms reinsured hereunder, such as the annuity product design and/or death benefit design, the fees and charges, or the addition of any riders. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide were a contractholder in the CEDING COMPANY with notice COMPANY's state of its approval of such change or its intent to revise the terms of this Agreement. Should any such change affect new business to be reinsured under this Agreement and result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that new business only, any of the terms of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then the CEDING COMPANY shall have the right of immediate termination of this Agreement for new business only. The CEDING COMPANY shalldomicile.

Appears in 2 contracts

Samples: Automatic Reinsurance Agreement (Empire Fidelity Investments Variable Annuity Account A), Automatic Reinsurance Agreement (Fidelity Investments Variable Annuity Account I)

CONTRACT AND PROGRAM CHANGES. A. The CEDING COMPANY may amend, substitute, add or delete variable investment funds to the investment options supporting the annuity contract as described in the contract general provisions. No such change shall be made by the CEDING COMPANY without PRIOR prior notification to the REINSURER and without changes being declared effective by the Securities and Exchange Commission (SEC), if necessary. The REINSURER will approve or disapprove of the fund change within fifteen (15) working days of the date on which they receive notification. The CEDING COMPANY agrees to maintain at all times a satisfactory selection of core investment options with overall risk profile characteristics similar to those listed in Schedule B at inception of the Agreement. As long as this is the case, the REINSURER will approve such fund changes within fifteen (15) working days of receiving such notification. Should any such change result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that product line only, any of the terms of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new and inforce business affected by the change. The CEDING COMPANY shall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective. B. The CEDING COMPANY shall also give the REINSURER ADVANCE notice of any other changes to any contract forms reinsured hereunder, such as the annuity product design and/or death benefit design, the fees and charges, or the addition of any riders. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its approval of such change or its intent to revise the terms of this Agreement. Should any such change affect new business to be reinsured under this Agreement and result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that new business only, any of the terms of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding ARTICLE IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new and inforce business onlyaffected by the change. The CEDING COMPANY shallshall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective.

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Manufacturers Life Insurance Co Usa Separate Account H)

CONTRACT AND PROGRAM CHANGES. A. The CEDING COMPANY may amend, substitute, add or delete variable investment funds to the investment options supporting the annuity contract as described in the contract general provisions. No such change shall be made by the CEDING COMPANY without PRIOR prior notification to the REINSURER and without changes being declared effective by the Securities and Exchange Commission Commission- (SEC), if necessary. The REINSURER will approve or disapprove of the fund change within fifteen (15) working days of the date on which they receive notification. The CEDING COMPANY agrees to maintain at all times a satisfactory selection of core investment options with overall risk profile characteristics similar to those listed in Schedule B at inception of the Agreement. As long as this is the case, B. B. The CEDING COMPANY shall also give the REINSURER will approve such fund advance notice of any other changes within fifteen (15) working days to its annuity product design and/or death benefit design, its fees and charges, its distribution systems and/or methods, or the addition of receiving such notification. any riders to any contract forms reinsured hereunder. C. Should any such change as stated above result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that product line only, any of the terms of this Agreement in order to restore, to restore the extent possible, the risk profile of the business reinsured hereunder REINSURER to its original position when priced by the REINSURER. The REINSURER shall within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. position. D. The CEDING COMPANY shall have the right agrees to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new and inforce business affected by the change. The CEDING COMPANY shall provide the REINSURER with written notification all contractholder communications as though the REINSURER was a contractholder in the State of its intent Delaware. ARTICLE XVI A. This Agreement incorporates the confidentiality agreement previously agreed to terminatebetween the parties on December 1, 1998 (Exhibit IV). The date All matters with respect to this Agreement require the utmost good faith of termination both parties. Both the CEDING COMPANY and the REINSURER shall be hold confidential and not disclose or make competitive use of any shared proprietary information unless otherwise agreed to in writing, or unless the date that information otherwise becomes publicly available, or the revised terms would have become effectivedisclosure of which is required for retrocession purposes, or has been mandated by law, or is duly required by external auditors. B. The CEDING COMPANY shall also give Furthermore, the REINSURER ADVANCE notice of agrees to not disclose any other changes to any contract forms reinsured hereunder, such as the annuity product design and/or death benefit design, the fees and charges, or the addition of any riders. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide personal contractholder information provided to it by the CEDING COMPANY with notice of its approval of such change or its intent to revise the terms of this Agreement. Should any such change affect new business to in Schedule C. All information provided in Schedule C shall be reinsured under this Agreement and result in a material change in the underlying risk, used by the REINSURER shall have solely for the right to modify, for that new business only, any of purpose contemplated by the terms of this Agreement in and shall not be provided to any other entity or individual, except as required to be disclosed pursuant to a valid court order or pursuant to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURERa subpoena from a regulatory agency or lawful jurisdiction. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then the CEDING COMPANY shall have the right of immediate termination of this Agreement for new business only. The CEDING COMPANY shallARTICLE XVII

Appears in 1 contract

Samples: Reinsurance Agreement (Manufacturers Life Insurance Co Usa Separate Account H)

CONTRACT AND PROGRAM CHANGES. A. The CEDING COMPANY may amend, substitute, add or delete variable investment funds to the (he investment options supporting the annuity contract as described in the contract general provisions. No such change shall will be made by the CEDING COMPANY without PRIOR prior notification to the REINSURER and without changes being declared effective by the prior approval of the Securities and Exchange Commission (SEC)Commission, if necessary. The REINSURER will approve or disapprove of the fund change within fifteen (15) working days of the date on which they receive notification. The CEDING COMPANY agrees to maintain at all times a satisfactory selection of core investment options with overall risk profile characteristics similar to those listed in Schedule B at inception of the Agreement. As long as this is the case, B. B. The CEDING COMPANY shall also give the REINSURER will approve such advance notice of any other changes to its annuity product design and/or death benefit design, its contract level and fund changes within fifteen (15) working days level fees and charges, its distribution systems and/or methods, or the addition of receiving such notification. any riders to any contract forms reinsured hereunder. C. Should any such change change, as stated above, result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that product line only, any of the terms premium rates by an amount which would reflect the change(s) made to the contracts in order to restore the REINSURER to its original position. In the event that reconciliation cannot be addressed via a change in premiums, changes in other areas may be required and will be subject to mutual agreement. D. The reinsurance premium structure described above shall remain in effect as long as the death benefit design, contract fees, mortality and expense charges, administration fees and contingent deferred sales charges in effect at the inception of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. remain unchanged. E. The CEDING COMPANY shall have the right agrees to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new and inforce business affected by the change. The CEDING COMPANY shall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective. B. The CEDING COMPANY shall also give all contractholder communications as though the REINSURER ADVANCE notice were a contractholder in the State of Delaware. Such communication includes any other changes items required to any contract forms reinsured hereunder, such as be submitted by the annuity product design and/or death benefit design, the fees Securities and charges, Exchange Commission or the addition State of any riders. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its approval of such change or its intent to revise the terms of this Agreement. Should any such change affect new business to be reinsured under this Agreement and result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that new business only, any of the terms of this Agreement in order to restore, Delaware including but not limited to the extent possibleprospectus and any supplements thereto. Hartford Life, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURERAgreement No. The REINSURER shall2000-24NYDB Effective May 8, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then the CEDING COMPANY shall have the right of immediate termination of this Agreement for new business only. The CEDING COMPANY shall2000 20

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Hartford Life Insurance Co Separate Account Two)

CONTRACT AND PROGRAM CHANGES. A. The CEDING COMPANY may amend, substitute, add or delete variable investment funds to the investment options supporting the annuity contract as described in the contract general provisions. No such change shall will be made by the CEDING COMPANY without PRIOR prior notification to the REINSURER and without changes being declared effective by the prior approval of the Securities and Exchange Commission (SEC)Commission, if necessary. The REINSURER will approve or disapprove of the fund change within fifteen (15) working days of the date on which they receive notification. The CEDING COMPANY agrees to maintain at all times a satisfactory selection of core investment options with overall risk profile characteristics similar to those listed in Schedule B at inception of the Agreement. As long as this is the case, B. B. The CEDING COMPANY shall also give the REINSURER will approve such advance notice of any other changes to its annuity product design and/or death benefit design, its contract level and fund changes within fifteen (15) working days level fees and charges, its distribution systems and/or methods, or the addition of receiving such notification. any riders to any contract forms reinsured hereunder. C. Should any such change change, as stated above, result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that product line only, any of the terms premium rates by an amount which would reflect the change(s) made to the contracts in order to restore the REINSURER to its original position. In the event that reconciliation cannot be addressed via a change in premiums, changes in other areas may be required and will be subject to mutual agreement. D. The reinsurance premium structure described above shall remain in effect as long as the death benefit design, contract fees, mortality and expense charges, administration fees and contingent deferred sales charges in effect at the inception of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. remain unchanged. E. The CEDING COMPANY shall have the right agrees to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new and inforce business affected by the change. The CEDING COMPANY shall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective. B. The CEDING COMPANY shall also give all contractholder communications as though the REINSURER ADVANCE notice were a contractholder in the State of Delaware. Such communication includes any other changes items required to any contract forms reinsured hereunder, such as be submitted by the annuity product design and/or death benefit design, the fees Securities and charges, Exchange Commission or the addition State of any riders. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its approval of such change or its intent to revise the terms of this Agreement. Should any such change affect new business to be reinsured under this Agreement and result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that new business only, any of the terms of this Agreement in order to restore, Delaware including but not limited to the extent possibleprospectus and any supplements thereto. Hartford Agreement No. 2000-12-DB Effective March 13, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then the CEDING COMPANY shall have the right of immediate termination of this Agreement for new business only. The CEDING COMPANY shall2000 18

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Hartford Life & Annuity Insurance Co Separate Account Seven)

CONTRACT AND PROGRAM CHANGES. A. The CEDING COMPANY may amend, substitute, add or delete variable investment funds to the investment options supporting the annuity contract as described in the contract general provisions. No such change shall be made by the CEDING COMPANY without PRIOR notification to the REINSURER and without changes being declared effective by the Securities and Exchange Commission (SEC), if necessary. The REINSURER will approve or disapprove of the fund change within fifteen (15Continued) working days of the date on which they receive notification. The CEDING COMPANY agrees to maintain at all times a satisfactory selection of core investment options with overall risk profile characteristics similar to those listed in Schedule B at inception of the Agreement. As long as this is the case, the REINSURER will approve such fund changes within fifteen (15) working days of receiving such notification. Should any such change result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that product line only, any of the terms of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new and inforce business affected by the change. The CEDING COMPANY shall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective. B. The CEDING COMPANY shall also give the REINSURER ADVANCE notice of any other changes to any contract forms reinsured hereunder, such as the annuity product design and/or death benefit design, the fees and charges, or the addition of any riders. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its approval of such change or its intent to revise the terms of this Agreement. Should any such change affect new business to be inforce contracts reinsured under this Agreement and result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that new business product line only, any of the terms of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new inforce business affected by said change only. The CEDING COMPANY shallshall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective. C. The above paragraphs notwithstanding, neither party, acting unreasonably, will withhold agreement to revised terms for the sole purpose of terminating this Agreement. D. The CEDING COMPANY agrees to provide the REINSURER with all contractholder communications produced by the CEDING COMPANY as though the REINSURER were a contractholder in the CEDING COMPANY's state of domicile. Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 20 Effective September 17 2001

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (John Hancock Life Insurance Co of New York Separate Account A)

CONTRACT AND PROGRAM CHANGES. A. The CEDING COMPANY may amend, substitute, add or delete variable investment funds to the investment options supporting the annuity contract as described in the contract general provisions. No such change shall be made by the CEDING COMPANY without PRIOR notification to the REINSURER and without changes being declared effective by the Securities and Exchange Commission (SEC), if necessary. The REINSURER will approve or disapprove of the fund change within fifteen (15) working days of the date on which they receive notification. The CEDING COMPANY agrees to maintain at all times a satisfactory selection of core investment options with overall risk profile characteristics similar to those listed in Schedule B at inception of the Agreement. As long as this is the case, the REINSURER will approve such fund changes within fifteen (15) working days of receiving such notification. Should any such change result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that product line only, any of the terms of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new and inforce business affected by the change. The CEDING COMPANY shall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective. B. The CEDING COMPANY shall also give the REINSURER ADVANCE notice of any other changes to any contract forms reinsured hereunder, such as the annuity product design and/or death benefit design, the fees and charges, or the addition of any riders. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its approval of such change or its intent to revise the terms of this Agreement. Should any such change affect new business to be reinsured under this Agreement and result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that new business only, any of the terms of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then the CEDING COMPANY shall have the right of immediate termination of this Agreement for new business only. The CEDING COMPANY shallshall Manufacturers Life of N.A., Agreement No. 2001-48 (GMIB) Page 19 Effective July 1, 2001

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (John Hancock Life Insurance Co (Usa) Separate Account H)

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CONTRACT AND PROGRAM CHANGES. A. The CEDING COMPANY may amend, substitute, add or delete variable investment funds to the investment options supporting the annuity contract as described in the contract general provisions. No such change shall will be made by the CEDING COMPANY without PRIOR prior notification to the REINSURER and without changes being declared effective by the prior approval of the Securities and Exchange Commission (SEC)Commission, if necessary. The REINSURER will approve or disapprove of the fund change within fifteen (15) working days of the date on which they receive notification. The CEDING COMPANY agrees to maintain at all times a satisfactory selection of core investment options with overall risk profile characteristics similar to those listed in Schedule B at inception of the Agreement. As long as this is the case, B. B. The CEDING COMPANY shall also give the REINSURER will approve such advance notice of any other changes to its annuity product design and/or death benefit design, its contract level and fund changes within fifteen (15) working days level fees and charges, its distribution systems and/or methods, or the addition of receiving such notification. any riders to any contract forms reinsured hereunder. C. Should any such change change, as stated above, result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that product line only, any of the terms premium rates by an amount which would reflect the change(s) made to the contracts in order to restore the REINSURER to its original position. In the event that reconciliation cannot be addressed via a change in premiums, changes in other areas may be required and will be subject to mutual agreement. D. The reinsurance premium structure described above shall remain in effect as long as the death benefit design, contract fees, mortality and expense charges, administration fees and contingent deferred sales charges in effect at the inception of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. remain unchanged. E. The CEDING COMPANY shall have the right agrees to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new and inforce business affected by the change. The CEDING COMPANY shall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective. B. The CEDING COMPANY shall also give all contractholder communications as though the REINSURER ADVANCE notice were a contractholder in the State of Delaware. Such communication includes any other changes items required to any contract forms reinsured hereunder, such as be submitted by the annuity product design and/or death benefit design, the fees Securities and charges, Exchange Commission or the addition State of any riders. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its approval of such change or its intent to revise the terms of this Agreement. Should any such change affect new business to be reinsured under this Agreement and result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that new business only, any of the terms of this Agreement in order to restore, Delaware including but not limited to the extent possibleprospectus and any supplements thereto. Hartford Life and Annuity, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURERAgreement No. The REINSURER shall2000-25-DB Effective October 1, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then the CEDING COMPANY shall have the right of immediate termination of this Agreement for new business only. The CEDING COMPANY shall2000 18

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Hartford Life & Annuity Insurance Co Separate Account Seven)

CONTRACT AND PROGRAM CHANGES. A. The CEDING COMPANY may amend, substitute, add or delete variable investment funds to the investment options supporting the annuity contract as described in the contract general provisions. No such change shall will be made by the CEDING COMPANY without PRIOR prior notification to the REINSURER and without changes being declared effective by the prior approval of the Securities and Exchange Commission (SEC)Commission, if necessary. The REINSURER will approve or disapprove of the fund change within fifteen (15) working days of the date on which they receive notification. The CEDING COMPANY agrees to maintain at all times a satisfactory selection of core investment options with overall risk profile characteristics similar to those listed in Schedule B at inception of the Agreement. As long as this is the case, B. B. The CEDING COMPANY shall also give the REINSURER will approve such advance notice of any other changes to its annuity product design and/or death benefit design, its contract level and fund changes within fifteen (15) working days level fees and charges, its distribution systems and/or methods, or the addition of receiving such notification. any riders to any contract forms reinsured hereunder. C. Should any such change change, as stated above, result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that product line only, any of the terms premium rates by an amount which would reflect the change(s) made to the contracts in order to restore the REINSURER to its original position. In the event that reconciliation cannot be addressed via a change in premiums, changes in other areas may be required and will be subject to mutual agreement. D. The reinsurance premium structure described above shall remain in effect as long as the death benefit design, contract fees, mortality and expense charges, administration fees and contingent deferred sales charges in effect at the inception of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. remain unchanged. E. The CEDING COMPANY shall have the right agrees to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new and inforce business affected by the change. The CEDING COMPANY shall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective. B. The CEDING COMPANY shall also give all contractholder communications as though the REINSURER ADVANCE notice were a contractholder in the State of Delaware. Such communication includes any other changes items required to any contract forms reinsured hereunder, such as be submitted by the annuity product design and/or death benefit design, the fees Securities and charges, Exchange Commission or the addition State of any riders. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its approval of such change or its intent to revise the terms of this Agreement. Should any such change affect new business to be reinsured under this Agreement and result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that new business only, any of the terms of this Agreement in order to restore, Delaware including but not limited to the extent possibleprospectus and any supplements thereto. Hartford Life and Annuity, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURERAgreement No. The REINSURER shall2000-25-DB Effective October 1, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then the CEDING COMPANY shall have the right of immediate termination of this Agreement for new business only. The CEDING COMPANY shall2000

Appears in 1 contract

Samples: Reinsurance Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account One)

CONTRACT AND PROGRAM CHANGES. A. The CEDING COMPANY may amend, substitute, add or delete variable investment funds to the investment options supporting the annuity contract as described in the contract general provisions. No such change shall be made by the CEDING COMPANY without PRIOR prior notification to the REINSURER and without changes being declared effective by the Securities and Exchange Commission (SEC), if necessary. The REINSURER will approve or disapprove of the fund change within fifteen (15) working days of the date on which they receive notification. The CEDING COMPANY agrees to maintain at all times a satisfactory selection of core investment options with overall risk profile characteristics similar to those listed in Schedule B at inception of the Agreement. As long as this is the case, the REINSURER will approve such fund changes within fifteen (15) working days of receiving such notification. Should any such change result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that product line only, any of the terms of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new and inforce business affected by the change. The CEDING COMPANY shall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective. B. The CEDING COMPANY shall also give the REINSURER ADVANCE advance notice of any other changes to any contract forms reinsured hereunder, such as the annuity product design and/or death benefit design, the fees and charges, or the addition of any riders. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its approval of such change or its intent to revise the terms of this Agreement. Should any such change affect new business to be reinsured under this Agreement and result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that new business only, any of the terms of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then the CEDING COMPANY shall have the right of immediate termination of this Agreement for new business only. The CEDING COMPANY shallshall Manufacturers Life of N.A., Agreement No. 2001-47 (GMDB) Page 20 Effective July 1, 2001

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (John Hancock Life Insurance Co (Usa) Separate Account H)

CONTRACT AND PROGRAM CHANGES. A. The CEDING COMPANY may amend, substitute, add or delete variable investment funds to the investment options supporting the annuity contract as described in the contract general provisions. No such change shall be made by the CEDING COMPANY without PRIOR notification to the REINSURER and without changes being declared effective by the Securities and Exchange Commission (SEC), if necessary. The REINSURER will approve or disapprove of the fund change within fifteen (15Continued) working days of the date on which they receive notification. The CEDING COMPANY agrees to maintain at all times a satisfactory selection of core investment options with overall risk profile characteristics similar to those listed in Schedule B at inception of the Agreement. As long as this is the case, the REINSURER will approve such fund changes within fifteen (15) working days of receiving such notification. Should any such change result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that product line only, any of the terms of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new and inforce business affected by the change. The CEDING COMPANY shall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective. B. The CEDING COMPANY shall also give the REINSURER ADVANCE notice of any other changes to any contract forms reinsured hereunder, such as the annuity product design and/or death benefit design, the fees and charges, or the addition of any riders. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its approval of such change or its intent to revise the terms of this Agreement. Should any such change affect new business to be inforce contracts reinsured under this Agreement and result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that new business product line only, any of the terms of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new inforce business affected by said change only. The CEDING COMPANY shall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective. C. The above paragraphs notwithstanding, neither party, acting unreasonably, will withhold agreement to revised terms for the sole purpose of terminating this Agreement. D. The CEDING COMPANY agrees to provide the REINSURER with all contractholder communications produced by the CEDING COMPANY as though the REINSURER were a contractholder in the CEDING COMPANY's state of domicile. A. This Agreement incorporates the confidentiality agreement previously agreed to between the parties on December 1, 1998 (the "Confidentiality Agreement"), a copy of which is attached hereto as Exhibit IV. All matters with respect to this Agreement require the utmost good faith of both parties. Both the CEDING COMPANY and the REINSURER shall, in accordance with the terms of the Confidentiality Agreement, hold confidential and not disclose or make competitive use of any shared Confidential Information of the other party (as such term is defined in the Confidentiality Agreement), unless otherwise agreed to in writing, or unless the information otherwise becomes publicly available by means other than by either party or their agents, or unless the disclose is required for retrocession purposes, has been mandated by law, or is duly required by external auditors. B. The REINSURER will treat all personal policyholder information received from the CEDING COMPANY as confidential information and will use good faith efforts to keep such information private and secure, in accordance with the CEDING COMPANY's commitment to its policyholders and in accordance with federal and state privacy laws. The CEDING COMPANY recognizes that the REINSURER may need to share certain information with auditors, regulators and retrocessionaires in the normal course of conducting business.

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (Manufacturers Life Insurance Co Usa Separate Account H)

CONTRACT AND PROGRAM CHANGES. A. The CEDING COMPANY may amend, substitute, add or delete variable investment funds to the investment options supporting the annuity contract as described in the contract general provisions. No such change shall be made by the CEDING COMPANY without PRIOR notification to the REINSURER and without changes being declared effective by the Securities and Exchange Commission (SEC), if necessary. The REINSURER will approve or disapprove of the fund change within fifteen (15) working days of the date on which they receive notification. The CEDING COMPANY agrees to maintain at all times a satisfactory selection of core investment options with overall risk profile characteristics similar to those listed in Schedule B at inception of the Agreement. As long as this is the case, the REINSURER will approve such fund changes within fifteen (15) working days of receiving such notification. Should any such change result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that product line only, any of the terms of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then notwithstanding Article IX, the CEDING COMPANY shall have the right of immediate termination of this Agreement for new and inforce business affected by the change. The CEDING COMPANY shall provide the REINSURER with written notification of its intent to terminate. The date of termination shall be the date that the revised terms would have become effective. B. The CEDING COMPANY shall also give the REINSURER ADVANCE notice of any other changes to any contract forms reinsured hereunder, such as the annuity product design and/or death benefit design, the fees and charges, or the addition of any riders. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its approval of such change or its intent to revise the terms of this Agreement. Should any such change affect new business to be reinsured under this Agreement and result in a material change in the underlying risk, the REINSURER shall have the right to modify, for that new business only, any of the terms of this Agreement in order to restore, to the extent possible, the risk profile of the business reinsured hereunder to its original position when priced by the REINSURER. The REINSURER shall, within fifteen (15) working days of the date on which notification was received, provide the CEDING COMPANY with notice of its intent to revise the terms of this Agreement. The CEDING COMPANY shall have the right to approve or disapprove of the changes proposed by the REINSURER. If both parties are not able to reach a mutually satisfactory agreement on revised terms, then the CEDING COMPANY shall have the right of immediate termination of this Agreement for new business only. The CEDING COMPANY shallshall Manufacturers Life of NY, Agreement No. 2001-41NY (GMIB) Page 19 Effective September 17 2001

Appears in 1 contract

Samples: Automatic Reinsurance Agreement (John Hancock Life Insurance Co of New York Separate Account A)

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