Deposit of Assets. (a) On or before the Effective Date, Grantor shall deposit assets consisting of assets in compliance with the Investment Guidelines (the “Assets”). The Assets deposited in the Supplemental Trust Account shall be valued according to their current fair market value and shall be invested in accordance with the Investment Guidelines or as otherwise agreed upon by Grantor and Beneficiary. (b) Trustee will accept and credit to the Supplemental Trust Account all Assets which from time to time are delivered to it for deposit in the Supplemental Trust Account by or on behalf of Grantor or Beneficiary. Trustee may deposit any Assets in the Supplemental Trust Account in a book-entry account maintained at the Federal Reserve Bank of New York or in depositories selected with due care (such as The Depository Trust Company). Assets may be held in the name of a nominee maintained by Trustee or any such depository. Trustee is authorized and shall have the power to receive such Assets and to hold, invest, reinvest and dispose of the same for the uses and purposes of and according to the provisions herein set forth. All Assets shall be maintained by Trustee in the Supplemental Trust Account separate and distinct from all other assets under the control of or on the books of Trustee and shall be received and continuously kept in a safe place at Trustee’s office within the United States of America. (c) Grantor shall ensure that (i) any Assets transferred to Trustee for deposit in the Supplemental Trust Account will be in such form that Beneficiary, or Trustee upon direction by Beneficiary, may whenever necessary negotiate any such Assets, without consent or signature from Grantor or any other person or entity in accordance with the terms of this New York Supplemental Trust Agreement, and (ii) each such Asset shall be at the time of transfer free and clear of all claims, liens, interests and encumbrances whatsoever (other than those arising under this New York Supplemental Trust Agreement). (d) Trustee shall have no responsibility to determine whether the Assets in the Supplemental Trust Account are sufficient to secure Grantor’s obligations to Beneficiary. Furthermore, Trustee shall have no responsibility whatsoever to determine whether Assets transferred to the Supplemental Trust Account meet the Investment Guidelines.
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Samples: Supplemental Trust Agreement (CNO Financial Group, Inc.)
Deposit of Assets. (a) On or before the Effective Date, Grantor shall deposit assets consisting of assets in compliance with the Investment Guidelines (the “Assets”). The Assets deposited in the Supplemental Trust Account shall be valued according to their current fair market value and shall be invested in accordance with the Investment Guidelines or as otherwise agreed upon by Grantor and Beneficiary.
(b) Trustee will accept and credit to the Supplemental Trust Account all Assets which from time to time are delivered to it for deposit in the Supplemental Trust Account by or on behalf of Grantor or Beneficiary. Trustee may deposit any Assets in the Supplemental Trust Account in a book-entry account maintained at the Federal Reserve Bank of New York or in depositories selected with due care (such as The Depository Trust Company). Assets may be held in the name of a nominee maintained by Trustee or any such depository. Trustee is authorized and shall have the power to receive such Assets and to hold, invest, reinvest and dispose of the same for the uses and purposes of and according to the provisions herein set forth. All Assets shall be maintained by Trustee in the Supplemental Trust Account separate and distinct from all other assets under the control of or on the books of Trustee and shall be received and continuously kept in a safe place at Trustee’s office within the United States of America.
(c) Grantor shall ensure that (i) any Assets transferred to Trustee for deposit in the Supplemental Trust Account will be in such form that Beneficiary, or Trustee upon direction by Beneficiary, may whenever necessary negotiate any such Assets, without consent or signature from Grantor or any other person or entity in accordance with the terms of this New York Supplemental Trust Agreement, and (ii) each such Asset shall be at the time of transfer free and clear of all claims, liens, interests and encumbrances whatsoever (other than those arising under this New York Supplemental Trust Agreement).
(d) Trustee shall have no responsibility to determine whether the Assets in the Supplemental Trust Account are sufficient to secure Grantor’s obligations to Beneficiary. Furthermore, Trustee shall have no responsibility whatsoever to determine whether Assets transferred to the Supplemental Trust Account meet the Investment Guidelines.
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Samples: Supplemental Trust Agreement (CNO Financial Group, Inc.)
Deposit of Assets. (a) On or before The 2021 Trust, as governed by this Trust Agreement, is hereby established for the Effective Date, Grantor shall deposit assets consisting sole use and benefit of assets in compliance with the Investment Guidelines (the “Assets”). The Assets deposited in the Supplemental Trust Account shall be valued according to their current fair market value and shall be invested in accordance with the Investment Guidelines or as otherwise agreed upon by Grantor and Beneficiary.
(b) There is hereby created and established by the Grantor with the Trustee will accept a Trust Account into which all Assets shall be received and credit held by the Trustee.
(c) Upon execution of this Trust Agreement, the Beneficiary shall deposit the Net Reinsurance Premium on behalf of the Grantor into the Trust Account in accordance with Section 3.1(a) of the LPT Agreement.
(d) The Beneficiary shall (i) update and maintain Schedule A as necessary to reflect any change in the amount of Assets required pursuant to Sections 13(b), 13(c) and 13(d) of the LPT Agreement and (ii) deliver to the Supplemental Trustee a written certificate confirming any such change in the amount of Assets, including instructing the Trustee to return to the Grantor any amounts paid by Grantor to the Trust Account all pursuant to an updated Schedule A that proves to have been in excess of the amount so required at such time.
(e) All Assets which from time to time are delivered to it for deposit deposited with the Trustee shall be held in the Supplemental Trust Account by or on behalf of Grantor or Beneficiary. the Trustee may deposit any Assets in a safe place at the Trustee’s offices in the Supplemental Trust Account United States of America, including in a any book-entry account accounts maintained at by the Trustee with any Federal Reserve Bank of New York or in depositories selected with due care (any nationally recognized securities depository such as The the Depository Trust Company). Assets may be held in the name of a nominee maintained by Trustee or any such depository. Trustee is authorized and shall have the power to receive such Assets and to hold, invest, reinvest and dispose of the same for the uses and purposes of and according to the provisions herein set forth. All Assets shall be maintained by Trustee in the Supplemental Trust Account separate and distinct from all other assets under the control of or on the books of Trustee and shall be received and continuously kept in a safe place at Trustee’s office within the United States of America.
(cf) Grantor Upon receipt of any Assets, the Trustee shall ensure determine that (i) any the Assets transferred to Trustee for deposit in the Supplemental Trust Account will be are in such form that Beneficiarythe Beneficiary or the Trustee, or Trustee upon written direction by Beneficiaryof the Beneficiary may, may whenever necessary necessary, negotiate any such Assets, without consent or signature from the Grantor or any other person or entity in accordance entity. The Grantor covenants and agrees that prior to depositing any Assets with the terms of this New York Supplemental Trust AgreementTrustee, and (ii) each such Asset shall be at it will have executed assignments, endorsements in blank, or transferred legal title to the time of transfer free and clear Trustee of all claimsAssets requiring assignments, liensin order that the Beneficiary, interests and encumbrances whatsoever (or the Trustee upon the written direction of the Beneficiary, may whenever necessary negotiate any such Assets without consent or signature from the Grantor or any other than those arising under this New York Supplemental Trust Agreement)entity.
(dg) The Trustee shall have no responsibility notify the Grantor and the Beneficiary, within ten (10) calendar days, of any deposit of Assets into the Trust Account.
(h) The Trustee shall furnish to determine whether the Grantor and the Beneficiary a statement of all Assets held in the Supplemental Trust Account are sufficient to secure Grantor’s obligations to Beneficiary. Furthermore, Trustee shall have upon inception of this Trust Agreement and at intervals no responsibility whatsoever to determine whether Assets transferred to less frequent than the Supplemental Trust Account meet the Investment Guidelinesend of each calendar month thereafter.
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Deposit of Assets. (a) On or before the Effective Date, Grantor shall deposit assets consisting of assets Eligible Assets in compliance with the Investment Guidelines (the “Assets”). The Assets deposited in the Supplemental Reinsurance Trust Account shall be valued according to their current fair market value value, shall consist only of Eligible Assets and shall be invested in accordance with the Investment Guidelines or as otherwise agreed upon by Grantor and Beneficiary.
(b) Trustee will accept and credit to the Supplemental Reinsurance Trust Account all Assets which from time to time are delivered to it for deposit in the Supplemental Reinsurance Trust Account by or on behalf of Grantor or Beneficiary. Trustee may deposit any Eligible Assets in the Supplemental Reinsurance Trust Account in a book-entry account maintained at the Federal Reserve Bank of New York or in depositories selected with due care (such as The Depository Trust Company). Assets may be held in the name of a nominee maintained by Trustee or any such depository. Trustee is authorized and shall have the power to receive such Assets and to hold, invest, reinvest and dispose of the same for the uses and purposes of and according to the provisions herein set forth. All Assets shall be maintained by Trustee in the Supplemental Reinsurance Trust Account separate and distinct from all other assets under the control of or on the books of Trustee and shall be received and continuously kept in a safe place at Trustee’s office within the United States of America.
(c) Grantor shall ensure that (i) any Assets transferred to Trustee for deposit in the Supplemental Reinsurance Trust Account will be in such form that Beneficiary, or Trustee upon direction by Beneficiary, may whenever necessary negotiate any such Assets, without consent or signature from Grantor or any other person or entity in accordance with the terms of this New York Supplemental Reinsurance Trust Agreement, (ii) all Assets transferred to Trustee for deposit in the Reinsurance Trust Account will consist only of Eligible Assets, and (iiiii) each such Asset shall be at the time of transfer free and clear of all claims, liens, interests and encumbrances whatsoever (other than those arising under this New York Supplemental Reinsurance Trust Agreement).
(d) Trustee shall have no responsibility to determine whether the Assets in the Supplemental Reinsurance Trust Account are sufficient to secure Grantor’s obligations to Beneficiary. Furthermore, Trustee shall have no responsibility whatsoever to determine whether Assets transferred to the Supplemental Reinsurance Trust Account meet the Investment Guidelinesconstitute Eligible Assets.
Appears in 1 contract
Samples: Reinsurance Trust Agreement (CNO Financial Group, Inc.)
Deposit of Assets. (a) On or before the Effective Date, Grantor shall deposit assets consisting of assets in compliance with the Investment Guidelines Eligible Assets (the “Assets”). The Assets deposited in the Supplemental Trust Account shall be valued according to their current fair market value value, shall consist only of Eligible Assets and shall be invested in accordance with the Investment Guidelines or as otherwise agreed upon by Grantor and Beneficiary.
(b) Trustee will accept and credit to the Supplemental Trust Account all Assets which from time to time are delivered to it for deposit in the Supplemental Trust Account by or on behalf of Grantor or Beneficiary. Trustee may deposit any Eligible Assets in the Supplemental Trust Account in a book-entry account maintained at the Federal Reserve Bank of New York or in depositories selected with due care (such as The Depository Trust Company). Assets may be held in the name of a nominee maintained by Trustee or any such depository. Trustee is authorized and shall have the power to receive such Assets and to hold, invest, reinvest hold and dispose of the same for the uses and purposes of and according to the provisions herein set forth. All Assets shall be maintained by Trustee in the Supplemental Trust Account separate and distinct from all other assets under the control of or on the books of Trustee and shall be received and continuously kept in a safe place at Trustee’s office within the United States of America.
(c) Grantor shall ensure that (i) ensure, and Trustee shall determine that, any Assets transferred to Trustee for deposit in the Supplemental Trust Account will be are in such form that Beneficiary, or Trustee upon direction by Beneficiary, may whenever necessary negotiate any such Assets, without consent or signature from Grantor or any other person or entity in accordance with the terms of this New York Supplemental Trust Agreement. Grantor also shall ensure that (i) all Assets transferred to Trustee for deposit in the Trust Account will consist only of Eligible Assets, and (ii) each such Asset shall be at the time of transfer free and clear of all claims, liens, interests and encumbrances whatsoever (other than those arising under this New York Supplemental Trust Agreement).
(d) Trustee shall have no responsibility to determine whether the Assets in the Supplemental Trust Account are sufficient to secure Grantor’s obligations to Beneficiary. Furthermore, Trustee shall have no responsibility whatsoever to determine whether Assets transferred to the Supplemental Trust Account meet the Investment Guidelinesconstitute Eligible Assets.
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Deposit of Assets. (a) On or before This Trust Agreement has been established for the Effective Date, Grantor shall deposit assets consisting sole use and benefit of assets in compliance with the Investment Guidelines (the “Assets”). The Assets deposited in the Supplemental Trust Account shall be valued according to their current fair market value and shall be invested in accordance with the Investment Guidelines or as otherwise agreed upon by Grantor and Beneficiary.
(b) There is hereby created and established by the Grantor with the Trustee will accept a trust account (the “Trust Account”) into which all assets to be deposited hereunder (the “Assets”) shall be received and credit held by the Trustee.
(c) Upon execution of this Trust Agreement, the Grantor shall transfer to the Supplemental Trustee, for deposit in the Trust Account all Account, the Assets which listed on Exhibit A hereto, and may transfer to the Trustee, for deposit to the Trust Account, such other Assets as it may from time to time are delivered desire or be required. The Trustee shall not be responsible to it monitor, collect or enforce collection of contributions to the Account.
(d) The Beneficiary shall be permitted from time to time to deliver Assets to the Trustee for deposit into the Trust Account as permitted by Section 7.03(b)(ii) of the Reinsurance Agreement. All Assets delivered by the Beneficiary for deposit into the Trust Account shall be considered deposited on behalf of the Grantor and the Grantor shall be considered the grantor of such Assets for all purposes of this Agreement.
(e) All Assets deposited with the Trustee shall be held in the Supplemental Trust Account by or on behalf of Grantor or Beneficiary. the Trustee may deposit any Assets in the Supplemental Trust Account in a safe place at the Trustee’s offices in The United States of America, including in any book-entry account accounts maintained at by the Trustee with any Federal Reserve Bank of New York or in depositories selected with due care (any nationally recognized securities depository such as The the Depository Trust Company or the Participants Trust Company). Assets may be held in the name of a nominee maintained by Trustee or any such depository. Trustee is authorized and shall have the power to receive such Assets and to hold, invest, reinvest and dispose of the same for the uses and purposes of and according to the provisions herein set forth. All Assets shall be maintained by Trustee in the Supplemental Trust Account separate and distinct from all other assets under the control of or on the books of Trustee and shall be received and continuously kept in a safe place at Trustee’s office within the United States of America.
(cf) Grantor shall ensure that (i) Upon receipt of any Assets transferred to that the Trustee for deposit holds in a depository account (i.e., DTC, Federal Reserve System, Euroclear), the Supplemental Trust Account will be Trustee shall determine that the Assets are in such form that Beneficiarythe Beneficiary or the Trustee, or Trustee upon written direction by Beneficiaryof the Beneficiary may, may whenever necessary necessary, negotiate any such Assets, without consent or signature from the Grantor or any other person or entity in accordance other than Trustee’s agent. The Grantor covenants and agrees that prior to depositing any Assets with the terms Trustee, it will have executed assignments, endorsements in blank, or transferred legal title to the Trustee of all shares, obligations or any other Assets requiring assignments, in order that the Beneficiary, or the Trustee upon the written direction of the Beneficiary may whenever necessary negotiate any such Assets without consent or signature from the Grantor or any other entity.
(g) The Trustee shall furnish to the Grantor and the Beneficiary a statement of all Assets held in the Trust Account upon inception of this New York Supplemental Trust Agreement, Agreement and (ii) at intervals no less frequent than the end of each such Asset shall be at the time of transfer free and clear of all claims, liens, interests and encumbrances whatsoever (other than those arising under this New York Supplemental Trust Agreement).
(d) Trustee shall have no responsibility to determine whether the Assets in the Supplemental Trust Account are sufficient to secure Grantor’s obligations to Beneficiarycalendar quarter thereafter. Furthermore, Trustee shall have no responsibility whatsoever to determine whether Assets transferred to the Supplemental Trust Account meet the Investment Guidelines.
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